Haw. Code R. § 11-501-13 - Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations

Each owner or operator of any inactive waste disposal site that was operated by sources regulated pursuant to section 11-501-4, 11-501-6, or 11-501-9 and received deposits of asbestos-containing waste material generated by the sources shall:

(1) Comply with one of the following:

(A) Discharge no visible emissions to the outside air from an inactive waste disposal site subject to this section;

(B) Cover the asbestos-containing waste material with at least fifteen centimeters (six inches) of compacted non-asbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least eight additional centimeters (three inches) of well-graded, non-asbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or

(C) Cover the asbestos-containing waste material with at least sixty centimeters (two feet) of compacted non-asbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste;

(2) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (1)(B) or (C) :

(A) Display warning signs at all entrances and at intervals of one hundred meters (328 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs shall:

(i) Be posted in a manner and location that a person can easily read the legend;

(ii) Conform to the requirements for 51 centimeters X 36 centimeters (20 inches X 14 inches) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and

(iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph:

Asbestos Waste Disposal Site

Do Not Create Dust

Breathing Asbestos is Hazardous to Your Health

Notation:

2.5 cm (1 inch) sans serif, gothic or block

2.5 cm (1 inch) sans serif, gothic or block

1.9 cm (3/4 inch) sans serif, gothic or block

14 point gothic

Spacing between any two lines shall be at least equal to the height of the upper of the two lines;

(B) Fence the perimeter of the site in a manner adequate to deter access by the general public; and

(C) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the director to determine whether a fence or a natural barrier adequately deters access by the general public;

(3) The owner or operator may use an alternative control method that has received prior approval of the director rather than comply with the requirements of paragraph (1) or (2);

(4) Notify the director in writing at least forty-five days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site pursuant to this section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the director at least ten working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

(A) Scheduled starting and completion dates;

(B) Reason for disturbing the waste;

(C) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the director may require changes in the emission control procedures to be used; and

(D) Location of any temporary storage site and the final disposal site; and

(5) Within sixty days of a site becoming inactive and after the effective date of this chapter, record, in accordance with state law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that:

(A) The land has been used for the disposal of asbestos-containing waste material;

(B) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in section 11-501-16(6) have been filed with the director; and

(C) The site is subject to this chapter.

Notes

Haw. Code R. § 11-501-13

[Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.151)