Section 11-264-575 - Closure(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 11-264-310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in subchapters G and H of this chapter.(c)(1) The owner or operator of an existing drip pad, as defined in section 11-264-570, that does not comply with the liner requirements of paragraph 11-264-573(b)(1) must: (i) Include in the closure plan for the drip pad under section 11-264-112 both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure; and(ii) Prepare a contingent post-closure plan under section 11-264-118 for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.(2) The cost estimates calculated under sections 11-264-112 and 11-264-144 for closure and post-closure care of a drip pad subject to this subsection must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a).Haw. Code R. § 11-264-575
[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.575 )