Section 11-262-34 - Accumulation time(a) Except as provided in subsections (d), (e), and (f), a generator may accumulate hazardous waste on-site for ninety days or less without a permit or without having interim status, provided that: (1) The waste is placed: (i) In containers and the generator complies with subchapter I of chapter 11-265; and or(ii) In tanks and the generator complies with subchapter J of chapter 11-265, except subsection 11-265-197(c) and section 11-265-200; and or(iii) On drip pads and the generator complies with subchapter W of chapter 11-265 and maintains the following records at the facility: (A) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every ninety days; and(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and or(iv) The waste is placed in containment buildings and the generator complies with subchapter DD of chapter 11-265, has placed its professional engineer certification that the building complies with the design standards specified in section 11-265-1101 in the facility's operating record. The professional engineer certification is required prior to operation of the unit. The owner or operator shall maintain the following records at the facility: (A) A written description of procedures to ensure that each waste volume remains in the unit for no more than ninety days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the ninety day limit, and documentation that the procedures are complied with; or(B) Documentation that the unit is emptied at least once every ninety days. In addition, such a generator is exempt from all the requirements in subchapters G and H of chapter 11-265, except for section 11-265-111 and section 11-265-114.(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;(3) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste"; and(4) The generator complies with the requirements for owners or operators in subchapters C and D in chapter 11-265, with section 11-265-16, and with paragraph 11-268-7(a)(4).(b) A generator who accumulates hazardous waste for more than ninety days is an operator of a storage facility and is subject to the requirements of chapters 11-264 and 11-265 and the permit requirements of chapter 11-270 unless he has been granted an extension to the ninety-day period. Such extension may be granted by the department if hazardous wastes must remain on-site for longer than ninety days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to thirty days may be granted at the discretion of the director on a case-by-case basis.(c)(1) A generator may accumulate as much as fifty-five gallons of hazardous waste or one quart of acutely hazardous waste listed in subsection 11-261-33(e) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with subsection (a) of this section provided he: (i) Complies with sections 11-265-171, 11-265-172, and subsection 11-265-173(a); and(ii) Marks his containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.(2) A generator who accumulates either hazardous waste or acutely hazardous waste listed in subsection 11-261-33(e) in excess of the amounts listed in paragraph (c)(1) of this section at or near any point of generation must, with respect to that amount of excess waste, comply within three days with subsection (a) of this section or other applicable provisions of chapters 11-260 through 11-279. During the three day period the generator must continue to comply with subparagraphs (c)(1)(i) through (ii) of this section. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.(d) A generator who generates greater than one-hundred kilograms but less than one-thousand kilograms of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a permit or without having interim status provided that: (1) The quantity of waste accumulated on-site never exceeds six-thousand kilograms;(2) The generator complies with the requirements of subchapter I of chapter 11-265, except for sections 11-265-176 and 11-265-178;(3) The generator complies with the requirements of section 11-265-201 in subchapter J of chapter 11-265;(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements of subchapter C of chapter 11-265, the requirements of 11-268-7(a)(4); and(5) The generator complies with the following requirements: (i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in subparagraph (d)(5)(iv) of this section. This employee is the emergency coordinator.(ii) The generator must post the following information next to the telephone: (A) The name and telephone number of the emergency coordinator;(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and(C) The telephone number of the fire department, unless the facility has a direct alarm.(iii) The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;(iv) The emergency coordinator or his or her designee must respond to any emergencies that arise. The applicable responses are as follows: (A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;(C) In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the federal National Response Center (using their 24-hour toll free number 800/424-8802) and the Hawaii Department of Health's Hazard Evaluation and Emergency Response Office via the State Hospital at (808) 247-2191 after business hours or directly at (808) 586-4249 during business hours. The report must include the following information: (1) The name, address, and U.S. EPA identification number of the generator;(2) Date, time, and type of incident (e.g., spill or fire);(3) Quantity and type of hazardous waste involved in the incident;(4) Extent of injuries, if any; and(5) Estimated quantity and disposition of recovered materials, if any.(e) A generator who generates greater than one-hundred kilograms but less than one-thousand kilograms of hazardous waste in a calendar month and who must transport his waste, or offer his waste for transportation, over a distance of two-hundred miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for two-hundred and seventy days or less without a permit or without having interim status provided that he complies with the requirements of subsection (d) of this section.(f) A generator who generates greater than one-hundred kilograms but less than one-thousand kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding six-thousand kilograms or accumulates hazardous waste for more than one-hundred and eighty days (or for more than two-hundred and seventy days if he must transport his waste, or offer his waste for transportation, over a distance of two-hundred miles or more) is an operator of a storage facility and is subject to the requirements of chapters 11-264 and 11-265 and the permit requirements of chapter 11-270 unless he has been granted an extension to the 180 day (or 270 day if applicable) period. Such extension may be granted by the department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to thirty days may be granted at the discretion of the director on a case-by-case basis.(g) Failure to comply with any provision of this section shall constitute a violation of these rules as to which the department may take enforcement action under HRS section 342J-7, including but not limited to 342J-7(a)(1), (a)(2), and (a)(3).[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: 40 C.F.R. §262.34 )