Section 11-262-11 - Hazardous waste determination A person who generates a solid waste, as defined in section 11-261-2, must determine if that waste is a hazardous waste using the following method:
(a) He should first determine if the waste is excluded from regulation under section 11-261-4.(b) He must then determine if the waste is listed as a hazardous waste in subchapter D of chapter 11-261.(c) For purposes of compliance with chapter 11-268, or if the waste is not listed in subchapter D of chapter 11-261, the generator must then determine whether the waste is identified in subchapter C of chapter 11-261 by either: (1) Testing the waste according to the methods set forth in subchapter C of chapter 11-261; or(2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.(d) If the waste is determined to be hazardous, the generator must refer to chapters 11-261, 11-264, 11-265, 11-266, 11-268, and 11-273 for possible exclusions or restrictions pertaining to management of the specific waste.[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: 40 C.F.R. §262.11 )