Section 11-262-10 - Purpose, scope, and applicability(a) This chapter establishes standards for generators of hazardous waste. Chapters 11-260 through 11-280 govern hazardous waste management in the State. Reference to the other chapters may be necessary, specifically chapters 11-260 and 11-261 which are essential for defining terms and determining if hazardous waste is being generated.(b) Sections 11-261-5(c) and (d) must be used to determine the applicability of provisions of this chapter that are dependent on calculations of the quantity of hazardous waste generated per month.(c) A generator who treats, stores, or disposes of hazardous waste on-site must only comply with the following sections and subsections of this chapter with respect to that waste: section 11-262-11 for determining whether or not the generator has a hazardous waste, section 11-262-12 for obtaining an EPA identification number, section 11-262-34 for accumulation of hazardous waste, subsections 11-262-40(c) and (d) for recordkeeping, section 11-262-43 for additional reporting, and if applicable, section 11-262-70 for farmers.(d) Any person who exports or imports hazardous waste subject to the federal manifesting requirements of 40 CFR Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to chapter 11-273, to or from the countries listed in section 11-262-58(a)(1) for recovery must comply with subchapter H.(e) Any person who imports hazardous waste from outside of the United States into the State must comply with the standards applicable to generators established in this chapter.(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of section 11-262-70 is not required to comply with other standards in this chapter, or chapter 11-270, 11-264, 11-265, or 11-268 with respect to such pesticides.(g) A person who generates a hazardous waste as defined by chapter 11-261 is subject to the compliance requirements and penalties prescribed in sections 342J-7 and 342J-9, HRS if the generator does not comply with the requirements of this chapter.(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this chapter.(i) Persons responding to an explosives or munitions emergency in accordance with section 11-264-1(g)(8)(i)(D) or (iv) or section 11-265-1(c)(11)(i)(D) or (iv), and section 11-270-1(c)(3)(i)(D) or (iii) are not required to comply with the standards of this chapter.(j) All references in tables and appendices to provisions of the Code of Federal Regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rules). Note 1: The provisions of section 11-262-34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of section 11-262-34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in chapters 11-264, 11-265, 11-266, 11-268, and 11-270.
[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: 40 C.F.R. §262.10 )