Section 11-265-221 - Design and operating requirements(a) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system between such liners, and operate the leachate collection and removal system, in accordance with subsection 11-264-221(c), unless exempted under subsection 11-264-221(d), (e), or (f). "Construction commences" is as defined in section 11-260-10 under "existing facility".(b) The owner or operator of each unit referred to in subsection (a) must notify the director at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice must file a Part B application within six months of the receipt of such notice.(c) The owner or operator of any replacement surface impoundment unit is exempt from subsection (a) if: (1) The existing unit was constructed in compliance with the design standards of § 3004 (o) (1) (A) (i) and (o) (5) of the Resource Conservation and Recovery Act (1984); and(2) There is no reason to believe that the liner is not functioning as designed.(d) The double liner requirement set forth in subsection (a) may be waived by the director for any monofill, if: (1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Toxicity Characteristic in section 11-261-24, with EPA Hazardous Waste Numbers D004 through D017; and(2)(i)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this subsection the term "liner" means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of subsection (a) on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment must comply with appropriate post-closure requirements, including but not limited to ground-water monitoring and corrective action;(B) The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3(1998) ); and(C) The monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with permits under HRS section 342J-5; or(ii) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section and in good faith compliance with subsection (a) of this section and with guidance documents governing liners and leachate collection systems under subsection (a) of this section, no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the director when issuing the first permit to such facility, except that the director will not be precluded from requiring installation of a new liner when the director has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.(f) A surface impoundment must maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in subsection (b), there must be at least sixty centimeters (two feet) of freeboard.(g) A freeboard level less than sixty centimeters (two feet) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of his knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design features or operating plans preventing overtopping, must be maintained at the facility.(h) Surface impoundments that are newly subject to RCRA section 3005(j)(l) ( 42 U.S.C. § 6925(1984) ) due to the promulgation of additional listings or characteristics for the identification of hazardous waste must be in compliance with subsections (a), (c) and (d) not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall not be cut short as the result of the promulgation of land disposal prohibitions under chapter 11-268 or the granting of an extension to the effective date of a prohibition pursuant to section 11-268-5, within this 48-month period.Haw. Code R. § 11-265-221
[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.221 )