Section 11-58.1-13 - Municipal solid waste landfills - site analysis(a) Airport safety. (1) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that are located within ten thousand feet (3,048 meters) of any airport runway end used by turbojet aircraft or within five thousand feet (1,524 meters) of any airport runway end used by only piston-type aircraft must demonstrate that the units are designed and operated so that the MSWLF unit does not pose a bird hazard to aircraft.(2) Owners or operators proposing to site new MSWLF units and lateral expansions located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration (FAA).(3) The owner or operator must place the demonstration in paragraph (1) in the operating record and notify the director that it has been placed in the operating record.(b) Floodplains. Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in one hundred-year floodplains must demonstrate that the unit will not restrict the flow of the one hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record.(c) Wetlands. New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the director: (1) Where applicable under section 404 of the Clean Water Act or applicable state wetlands laws, the presumption that a practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;(2) The construction and operation of the MSWLF unit will not: (A) Cause or contribute to violations of any applicable state water quality standard;(B) Violate any applicable toxic effluent standard or prohibition under section 307 of the Clean Water Act;(C) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and(D) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972, for the protection of a marine sanctuary;(3) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors: (A) Erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the MSWLF unit;(B) Erosion, stability, and migration potential of dredged and fill materials used to support the MSWLF unit;(C) The volume and chemical nature of the waste managed in the MSWLF unit;(D) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;(E) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and(F) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;(4) To the extent required under section 404 of the Clean Water Act or applicable state wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by paragraph (1), then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and(5) Sufficient information is available to make a reasonable determination with respect to these demonstrations.(d) Fault areas. New MSWLF units and lateral expansions shall not be located within two hundred feet (sixty meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the director that an alternative setback distance of less than two hundred feet (sixty meters) will prevent damage to the structural integrity of the MSWLF unit and will be protective of human health and the environment.(e) Seismic impact zone. New MSWLF units and lateral expansions shall not be located in seismic impact zones, unless the owner or operator demonstrates to the director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record.(f) Unstable areas. Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in an unstable area must demonstrate that engineering measures have been incorporated into the MSWLF unit's design to ensure that the integrity of the structural components of the MSWLF unit will not be disrupted. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable: (1) On-site or local soil conditions that may result in significant differential settling;(2) On-site or local geologic or geomorphologic features; and(3) On-site or local artificial features or events (both surface and subsurface).(g) Tidal wave (tsunami) zone. New MSWLFs and lateral expansions shall not be located in possible tsunami inundation areas. (1) Tsunami inundation areas on the islands of Oahu, Hawaii, Maui, and Kauai are those areas delineated in a report entitled "Hawaii Tsunami Inundation Evacuation Map Project" by George D. Curtis, University of Hawaii Joint Institute for Marine and Atmospheric Research, dated April 19, 1991.(2) Tsunami inundation areas on other islands shall be determined by the director.(h) Closure of existing MSWLF units. (1) Existing MSWLF units that cannot make the demonstration specified in subsection (a) (1) pertaining to airports, subsection (b) pertaining to floodplains, or subsection (f) pertaining to unstable areas, must close by October 9, 1996, in accordance with section 11-58.1-17(a) and conduct post-closure activities in accordance with section 11-58.1-17(b).(2) The deadline for closure required by paragraph (1) may be extended up to two years if the owner or operator demonstrates to the director that: (A) There is no available alternative disposal capacity; and(B) There is no immediate threat to human health and the environment.(i) Consistency with local zoning ordinance. The owner or operator of a MSWLF must comply with any applicable local zoning ordinances or other applicable local ordinances.Haw. Code R. § 11-58.1-13
[Eff JAN 13 1994] (Auth: HRS §§ 342H-53, 342H-55)