Haw. Code R. § 11-58.1-15

Current through April, 2024

Section 11-58.1-15 - Municipal solid waste landfills - operating criteria

(a) Procedures for excluding the receipt of hazardous waste. Owners or operators of all MSWLF units must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes as defined in 40 CFR Part 261 and polychlorinated biphenyls (PCB) wastes as defined in 40 CFR Part 761. This program must include, at a minimum:

(1) Random inspections of incoming loads unless the owner or operator takes other steps to ensure that incoming loads do not contain regulated hazardous wastes or PCB wastes;

(2) Records of inspections;

(3) Training of facility personnel to recognize regulated hazardous waste and PCB wastes; and

(4) Notification to the director if a regulated hazardous waste or PCB waste is discovered at the facility.

(b) Cover material requirements.

(1) Except as provided in paragraph (2) , the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.

(2) Alternative materials of an alternative thickness (other than at least six inches of earthen material) may be approved by the director if the owner or operator demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.

(3) The director may grant a temporary waiver from the requirement of paragraphs (1) and (2) if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting the requirements impractical.

(c) Disease vector control. Owners or operators of all MSWLF units must prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.

(d) Explosive gases control.

(1) Owners or operators of all MSWLF units must ensure that:

(A) The concentration of methane gas generated by the facility does not exceed twenty-five per cent of the lower explosive limit for methane in facility structures (excluding gas control or recovery system components); and

(B) The concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary.

(2) Owners or operators of all MSWLF units must implement a routine methane monitoring program to ensure that the standards of paragraph (1) are met.

(A) The type and frequency of monitoring must be determined based on the following factors:

(i) Soil conditions;

(ii) The hydrogeologic conditions surrounding the facility;

(iii) The hydraulic conditions surrounding the facility; and

(iv) The location of facility structures and property boundaries.

(B) The minimum frequency of monitoring shall be quarterly.

(3) If methane gas levels exceeding the limits specified in paragraph (1) are detected, the owner or operator must:

(A) Immediately take all necessary steps to ensure protection of human health and notify the director;

(B) Within seven days of detection, place in the operating record the methane gas levels detected and a description of the steps taken to protect human health; and

(C) Within sixty days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating record, and notify thedirectorthat the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.

(D) The director may establish alternative schedules for demonstrating compliance with subparagraphs (B) and (C).

(e) Air criteria.

(1) Owners or operators of all MSWLFs must ensure that the units do not violate any applicable requirements developed under the Hawaii State Implementation Plan (SIP) approved by the U.S. EPA Administrator pursuant to section 110 of the Clean Air Act, as amended.

(2) Open burning of solid waste, except for debris from emergency cleanup operations, is prohibited at all MSWLF units.

(f) Access requirements. Owners or operators of all MSWLF units must control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both, as appropriate to protect human health and the environment.

(g) Run-on or run-off control systems.

(1) Owners or operators of all MSWLF units must design, construct, and maintain:

(A) A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a twenty-five-year storm;

(B) A run-off control system from the active portion of the landfill to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.

(2) Run-off from the active portion of the landfill unit must be handled in accordance with subsection (h)(1).

(h) Surface water requirements. MSWLF units shall not:

(1) Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) requirements, pursuant to section 402.

(2) Cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or state-wide water quality management plan that has been approved under sections 208 or 319 of the Clean Water Act, as amended.

(i) Liquids restrictions.

(1) Bulk or noncontainerized liquid waste may not be placed in MSWLF units unless:

(A) The waste is household waste other than septic waste; or

(B) The waste is leachate or gas condensate derived from the MSWLF unit and the MSWLF unit, whether it is a new or existing MSWLF or lateral expansion, is designed with a composite liner and leachate collection system as described in section 11-58.1-14(b) (2). 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.

(2) Containers holding liquid waste may not be placed in a MSWLF unit unless:

(A) The container is a small container similar in size to that normally found in household waste;

(B) The container is designed to hold liquids for use other than storage;

(C) The waste is household waste; or

(D) The oil filters are drained for at least twenty-four hours or crushed and are not a regulated hazardous waste.

(j) Recordkeeping requirements.

(1) The owner or operator of a MSWLF unit must record and retain near the facility in an operating record or in an alternative location approved by thedirectorthe following information as it becomes available:

(A) Any location restriction demonstration required under section 11-58.1-13;

(B) Inspection records, training procedures, and notification procedures required in subsection (a);

(C) Gas monitoring results from monitoring and any remediation plans required by subsection (d);

(D) Any MSWLF unit design documentation for placement of leachate or gas condensate in a MSWLF unit as required under subsection (i)(1)(B);

(E) Any demonstration, certification, finding, monitoring, testing, or analytical data required by section 11-58.1-16;

(F) Closure and post-closure care plans and any monitoring, testing, or analytical data as required by section 11-58.1-17(a) and (b);

(G) Any cost estimates and financial assurance documentation required by section 11-58.1-18; and

(H) Any information demonstrating compliance with the small community exemption as required by section 11-58.1-11(f)(3).

(2) The owner or operator must notify the director when the documents from paragraph (1) have been placed or added to the operating record, and all information contained in the operating record must be furnished upon request to the director or be made available at all reasonable times for inspection by the director.

(3) The director can set alternative schedules for recordkeeping and notification requirements as specified in paragraphs (1) and (2) , except for the notification requirements in sections 11-58.1-13(a)(2) and 11-58.1-16(e) (7) (A) (iii).

(k) Public health, safety, and welfare. The director shall require an owner or operator to fulfill any other requirements that the director believes necessary to protect the public health, safety, and welfare.

Haw. Code R. § 11-58.1-15

[Eff JAN 13 1994] (Auth: HRS §§ 342H-53, 342H-55)