Section 11-265-220.1 - Interim status surface impoundments(a) Except as provided in subsection (c), (d), or (e), an interim status surface impoundment shall not receive, store, or treat hazardous waste unless such surface impoundment is in compliance with the requirements of 42 U.S.C. section 6924(o)(1)(A) (1994) which would apply to such impoundment if it were new.(b) Owners and operators of interim status surface impoundments shall comply with subsection (a) by the following dates: (1) Each surface impoundment required by 42 U.S.C. section 6925(j)(1) to be in compliance with the requirements of 42 U.S.C. § 6924(o)(1)(A) on or before the effective date of the State rules, shall be in compliance with those requirements by the effective date of the State rules.(2) In the case of any surface impoundment which becomes subject to subsection (a) after the effective date of the State rules due to the promulgation of additional listings or characteristics for the identification of hazardous waste under section 11-261-10 or 11-261-11, the period for compliance shall be four years after the date of such promulgation, the period for demonstrations under subsection (e) and for submission of evidence under subsection (f) shall be not later than twenty-four months after the date of such promulgation, and the period for the director to advise such owners or operators under subsection (f) shall be not later than thirty-six months after the date of promulgation.(3) On or after the effective date of the State rules, in any case in which a surface impoundment is initially determined to be excluded from the requirements of subsection (a) but due to a change in condition (including the existence of a leak) no longer satisfies the provisions of subsection (c), (d), or (e) and therefore becomes subject to subsection (a), the period for compliance with subsection (a) shall be two years after the date of discovery of such change of condition, or in the case of a surface impoundment excluded under subsection (d) three years after such date of discovery.(c) Subsection (a) shall not apply to any surface impoundment which: (1) Has at least one liner, for which there is no evidence that such liner is leaking;(2) Is located more than one-quarter mile from an underground source of drinking water; and(3) Is in compliance with generally applicable ground water monitoring requirements for facilities with permits.(d) Subsection (a) shall not apply to any surface impoundment which qualifies for an exemption under 42 U.S.C. § 6925(j) (3) (1994).(e) The director, after notice and opportunity for comment, may modify the requirements of subsection (a) for any surface impoundment if the owner or operator demonstrates that such surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into the ground water or surface water at any future time. The director shall take into account the location of the surface impoundment.(f) The owner or operator of any surface impoundment potentially subject to subsection (a) who has reason to believe on the basis of subsection (c), (d), or (e) that such surface impoundment is not required to comply with the requirements of subsection (a) , shall apply to the director not later than twenty-four months after a surface impoundment has become subject to subsection (a) due to the promulgation of additional listings or characteristics for the identification of hazardous waste under section 11-261-10 or 11-261-11 for a determination of the applicability of subsection (a) (in the case of subsection (c) or (d)) or for a modification of the requirements of subsection (a) (in the case of subsection (e)) , with respect to such surface impoundment. Such owner or operator shall provide, with such application, evidence pertinent to such decision, including: (1) An application for a final determination regarding the issuance of a permit for such facility, if not previously submitted;(2) Evidence as to compliance with all applicable ground water monitoring requirements and the information and analysis from such monitoring;(3) All reasonably ascertainable evidence as to whether such surface impoundment is leaking; and(4) In the case of applications under subsection (c) or (d), a certification by a registered professional engineer with academic training and experience in ground water hydrology that: (A) Under subsection (c), the liner of such surface impoundment is designed, constructed, and operated in accordance with applicable requirements, such surface impoundment is more than one-quarter mile from an underground source of drinking water and there is no evidence such liner is leaking; or(B) Under subsection (d), based on analysis of those toxic pollutants and hazardous constituents that are likely to be present in the untreated waste stream, such impoundment satisfies the conditions of subsection (d). Within twelve months after receipt of such application and evidence and after notice and opportunity to comment, the director shall advise such owner or operator on the applicability of subsection (a) to such surface impoundment or as to whether and how the requirements of subsection (a) shall be modified and applied to such surface impoundment.
(g) In the case of any surface impoundment for which the owner or operator fails to apply under subsection (f) within the time provided by subsection (f) or paragraph (b)(3) or (b)(4), such surface impoundment shall comply with subsection (a) notwithstanding subsections (c), (d), and (e).(h) For the purposes of paragraph (c)(1), the term "liner" means: (1) A liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility; or(2) A liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility.Haw. Code R. § 11-265-220.1
[Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 42 U.S.C. §6925(j) )