Section 11-264-90 - Applicability(a) Applicability. (1) Except as provided in subsection (b), the rules in this subchapter apply to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (a)(2) for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in such units.(2) All solid waste management units must comply with the requirements in section 11-264-101. A surface impoundment, waste pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982 (hereinafter referred to as a "regulated unit'') must comply with the requirements of sections 11-264-91 through 11-264-100 in lieu of 11-264-101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of section 11-264-101 apply to regulated units.(b) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this subchapter if: (1) The owner or operator is exempted under section 11-264-1; or(2) He operates a unit which the director finds: (i) Is an engineered structure,(ii) Does not receive or contain liquid waste or waste containing free liquids,(iii) Is designed and operated to exclude liquid, precipitation, and other run-on and run-off,(iv) Has both inner and outer layers of containment enclosing the waste,(v) Has a leak detection system built into each containment layer,(vi) The owner or operator will provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post-closure care periods, and(vii) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the post-closure care period.(3) The director finds, pursuant to subsection 11-264-280(d), that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of section 11-264-278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this subchapter during the post-closure care period; or(4) The director finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care period specified under section 11-264-117. This demonstration must be certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator must base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.(5) He designs and operates a pile in compliance with subsection 11-264-250(c).(c) The rules under this subchapter apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the rules in this subchapter: (1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;(2) Apply during the post-closure care period under section 11-264-117 if the owner or operator is conducting a detection monitoring program under section 11-264-98; or(3) Apply during the compliance period under section 11-264-96 if the owner or operator is conducting a compliance monitoring program under section 11-264-99 or a corrective action program under section 11-264-100.(d) Regulations in this subchapter may apply to miscellaneous units when necessary to comply with sections 11-264-601 through 11-264-603.[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.90 )