Haw. Code R. § 11-501-16 - Standard for active waste disposal sites

Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source regulated pursuant to section 11-501-11, 11-501-12 or 11-501-17 shall meet the requirements of this section:

(1) There shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited; or the requirements of paragraph (3) or (4) shall be met;

(2) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing shall be installed and maintained as follows, or the requirements of paragraph (3)(A) shall be met.

(A) Warning signs shall be displayed at all entrances and at intervals of one hundred meters (three hundred and thirty 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 is 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 of 51 cm X 36 cm (20" X 14 ") 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) The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public; and

(C) Upon request and supply of appropriate information, the director shall determine whether a fence or a natural barrier adequately deters access by the general public;

(3) Rather than meet the no visible emission requirement of paragraph (1), at the end of each operating day, or at least once in every twenty-four-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous twenty-four hour period shall:

(A) Be covered with at least fifteen centimeters (six inches) of compacted non-asbestos-containing material; or

(B) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. The agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the director. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent;

(4) Rather than meet the no visible emission requirement of paragraph (1), use an alternative emissions control method that has received prior written approval by the director by submitting a written application to the director demonstrating that the following criteria are met:

(A) The alternative method will control asbestos emissions equivalent to currently required methods;

(B) The suitability of the alternative method for the intended application;

(C) The alternative method will not violate other regulations; and

(D) The alternative method will not result in increased water pollution, land pollution, or occupational hazards;

(5) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:

(A) Maintain waste shipment records, using a form similar to that shown in Figure 4 entitled "Waste Shipment Record", dated June 1, 1998, located at the end of this chapter, and include the following:

(i) The name, address, and telephone number of the waste generator;

(ii) The name, address, and telephone number of the transporter or transporters;

(iii) The quantity of the asbestos-containing waste material in cubic meters or cubic yards;

(iv) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the department by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report; and

(v) The date of the receipt;

(B) As soon as possible and no longer than thirty days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator;

(C) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within fifteen days after receiving the waste, immediately report in writing to the department, describing the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report; and

(D) Retain a copy of all records and reports required by this paragraph for at least two years;

(6) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area;

(7) Upon closure, comply with all the provisions of section 11-501-13;

(8) Submit to the director, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities;

(9) Furnish upon request, and make available during normal business hours for inspection by the director, all records required pursuant to this section; and

(10) 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 and is covered. 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) The scheduled starting and completion dates;

(B) The reason for disturbing the waste;

(C) The 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) The location of any temporary storage site and the final disposal site.

Notes

Haw. Code R. § 11-501-16

[Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.154)