Section 11-265-90 - Applicability(a) The owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a ground-water monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost aquifer underlying the facility, except as section 11-265-1 and subsection (c) of this section provide otherwise.(b) Except as subsections (c) and (d) provide otherwise, the owner or operator must install, operate, and maintain a ground-water monitoring system which meets the requirements of section 11-265-91, and must comply with sections 11-265-92 through 11-265-94. This ground-water monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the post-closure care period as well.(c) All or part of the ground-water monitoring requirements of this subchapter may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following: (1) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of: (i) A water balance of precipitation, evapotranspiration, runoff, and infiltration; and(ii) Unsaturated zone characteristics (i.e., geologic materials, physical properties, and depth to ground water); and(2) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of: (i) Saturated zone characteristics (i.e., geologic materials, physical properties, and rate of ground-water flow); and(ii) The proximity of the facility to water supply wells or surface water.(d) If an owner or operator assumes (or knows) that ground-water monitoring of indicator parameters in accordance with sections 11-265-91 and 11-265-92 would show statistically significant increases (or decreases in the case of pH) when evaluated under subsection 11-265-93(b), he may, install, operate, and maintain an alternate ground-water monitoring system (other than the one described in sections 11-265-91 and 11-265-92). If the owner or operator decides to use an alternate ground-water monitoring system he must: (1) Submit to the director a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of paragraph 11-265-93(d)(3), for an alternate ground-water monitoring system;(2) Initiate the determinations specified in paragraph 11-265-93(d)(4);(3) Prepare and submit a written report in accordance with paragraph 11-265-93(d)(5);(4) Continue to make the determinations specified in paragraph 11-265-93(d)(4) on a quarterly basis until final closure of the facility; and(5) Comply with the recordkeeping and reporting requirements in subsection 11-265-94(b).(e) The ground-water monitoring requirements of this subchapter may be waived with respect to any surface impoundment that: (1) Is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under section 11-261-22 or are listed as hazardous wastes in subchapter D of chapter 11-261 only for this reason; and(2) Contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional.
[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.90 )