Current through November, 2024
Section 11-263-10 - Scope(a) This chapter establishes standards which apply to persons transporting hazardous waste into, within, and out of the State if the transportation requires a manifest under chapter 11-262.(b) These rules do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities.(c) A transporter of hazardous waste must also comply with chapter 11-262, Standards Applicable to Generators of Hazardous Waste, if he: (1) Transports hazardous waste into the United States from abroad; or(2) Mixes hazardous wastes of different United States Department of Transportation (DOT) shipping descriptions by placing them into a single container.(d) A transporter of hazardous waste subject to the federal manifesting requirements of 40 CFR Part 262, or subject to the waste management standards of 40 CFR Part 273, or subject to chapter 11-273, that is being imported from or exported to any of the countries listed in 40 CFR 262.58(a)(1) for purposes of recovery is subject to this subchapter and to all other relevant requirements of subchapter H of chapter 11-262, including, but not limited to, section 11-262-84 for tracking documents.(e) The regulations in this chapter do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with section 11-264-1(g)(8)(i)(D) or (iv) or 11-265-1(c)(11)(i)(D) or (iv), and section 11-270-1(c)(3)(i)(D) or (iii).(f) Section 11-266-203 identifies how the requirements of this chapter apply to military munitions classified as solid waste under section 11-266-202.(g) All references in tables and appendices to provisions of the Code of Federal Regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rules).[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-33, 342J-35) (Imp: 40 C.F.R. §263.11 )