Section 11-273.6.2 - Applicability-Solar panels(a) Solar panels covered under chapter 11-273.1. The requirements of this chapter apply to persons managing solar panels, as described in 40 C.F.R. section 273.9, as incorporated and amended in this chapter, except those listed in paragraphs (b) and (c) of this section.(b) Solar panels not covered under chapter 11-273.1. The requirements of this chapter do not apply to persons managing the following solar panels: (1) Solar panels that are not yet wastes under chapter 11-261.1. Paragraph (d) of this section describes when a solar panel becomes a waste. A universal waste handler who claims that a solar panel is not a waste must manage that item as a product and bears the burden of demonstrating that there is a known market or disposition for its re-use as a solar panel.(2) Solar panels that were previously identified as wastes under chapter 11-261.1 but are no longer identified as wastes (e.g., a discarded solar panel that is refurbished and is returned to service).(3) Solar panels that do not exhibit a toxicity characteristic of a hazardous waste as set forth in chapter 11-261.1 and that are not otherwise identified as hazardous waste pursuant to chapter 11-261.1. A universal waste handler who claims that a waste solar panel does not exhibit a toxicity characteristic bears the burden of demonstrating that the solar panel is not a hazardous waste.(4) Solar panels that exhibit any characteristic of a hazardous waste other than the characteristic of toxicity. Such solar panels must be managed as hazardous waste pursuant to chapters 11-260.1 to 11-270.1.(5) Solar panels that are recycled in a manner constituting disposal, as described in 40 C.F.R. section 261.2(c)(1), as incorporated and amended in chapter 11-261.1. Such solar panels must be managed as hazardous waste pursuant to chapters 11-260.1 to 11-270.1.(c) Solar panels that are integrated into the structure of an electronic item, as defined in 40 C.F.R. section 273.9, as incorporated and amended in this chapter, shall be managed as an electronic item under this chapter.(d) Generation of waste solar panels. (1) A used solar panel becomes a waste on the date it is discarded (i.e., when stored while destined for reclamation).(2) An unused solar panel becomes a waste on the date the handler decides to discard it.Haw. Code R. § 11-273.6.2
[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35)