Section 11-58.1-19 - Construction and demolition solid waste landfill(a) Applicability. This section is applicable to the landfilling of all construction and demolition solid wastes. The landfill shall be designed, constructed, and operated to properly dispose of construction and demolition wastes. "Construction and demolition waste" is solid waste resulting from the construction, repair, demolition, or razing of buildings, of roads, and other structures. It includes the land clearing debris from the clearing of land for construction. Construction and demolition wastes typically consist of concrete, hollow tile, bituminous concrete, asphaltic pavement, wood, glass, masonry, roofing, siding, plaster, alone or in combinations. Land clearing debris typically consist of dirt, rock, stumps, boulders, brush, and other similar material. Demolition and construction waste does not include cleanup materials contaminated with hazardous wastes, asbestos, waste paints, solvents, sealers, adhesives, or similar materials.(b) Permit requirements. (1) All construction and demolition solid waste landfills require a permit and must comply with sections 11-58.1-4 and 11-58.1-12(a), unless exempted.(2) The application shall contain an engineering report and an operation plan. The engineering report shall include a leachate management plan, site description, utilization, solid waste characteristics and volume, user population, and a controlled access to the landfill. In addition to the requirements in section 11-58.1-12(a), the operation plan shall include methods to control insects, birds, rodents, other disease vectors, nuisance conditions, drainage, and develop an emergency fire plan.(c) Design requirements. (1) Landfills shall not be located in areas susceptible to flooding, in wetlands, close to potable water supplies, near fault areas, or any other unstable locations.(2) The permeability of the underlying soil liner will be dependent on the hydrogeological condition of the area. It will consist of a minimum of two feet thick layer of soil, with a maximum permeability of 1 x 10-5 cm per sec. or an alternative design, with approval on a case specific basis.(3) When required, ground water monitoring systems will include a minimum of three monitoring wells, located to provide adequate data of ground water movement and quality. Additional wells may be required by the director.(d) Operating requirements. (1) Implement the operation in accordance with the procedures in the operation plan.(2) The landfills shall not accept the following items: (A) Hazardous waste as defined in these rules.(B) Electrical transformers with oil or polychlorinated biphenyls (PCB) or when generated from other than demolition projects.(C) Pesticide containers, unless they meet the requirements of 40 CFR 261.7 and 261.4(b) household waste.(D) Liquids, as defined in these rules.(3) The owner and/or operator shall record at the bureau of conveyances the landfill location on the property and on any other instrument that would normally be examined during the title search and note any land use restrictions from the closure plans. The notation shall notify any potential purchaser of the property that the area has been used for construction and demolition solid waste landfill.(4) The application of interim cover of earthen material will be on a case-specific basis and will be a minimum of six-inches. Final cover shall be two feet of earthen material or as approved in the closure plan.(5) The facility shall maintain daily operating records. At a minimum, it should include weights (or volumes), number of vehicles entering, source and type of solid waste being disposed. Major deviation from the operations plan (fires and explosions) should be noted on the daily operating record.(6) Landfills may accept friable asbestos containing material complying to the latest 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP) Regulations.(7) Petroleum contaminated soils may be accepted at the landfill if the contaminated soil complies with the landfill's special permit conditions.(e) Ground water protection. (1) Ground water protection and monitoring plans are required unless the applicant can justify their omission. The monitoring plan shall include:
(A) Location of the monitoring wells;(B) Detailed description of the monitoring well construction;(C) A monitoring well head protection or security plan; and(D) Boring log of each monitoring well.(2) Prior to starting operations, the ground water monitoring wells will be sampled and tested by the applicant to establish baseline data for the landfill. The chemicals to be tested shall include, but not be limited to the following: | Heavy Metals | Volatile Organic Compound (VOC) |
| Arsenic | Chemical Oxygen Demand (COD) |
| Barium | Total Organic Carbon (TOC) |
| Cadmium | Total Petroleum Hydrocarbon |
| Chromium | (TPH) for diesel, oil, and grease |
| Lead | |
| Mercury | Others |
| Selenium | Cyanide |
| Silver | |
(3) A sampling plan including tests to be performed, methods to be used, and frequency of sampling must be submitted for approval. The method used for testing should be equivalent to EPA-SW-846 Test Methods for Evaluating Solid Waste, Third Edition.(4) Corrective actions shall be submitted should the results of testing be deficient. The results of the testing must be submitted to the director for evaluation.(f) Closure and post-closure requirements. The owner and/or operator shall develop a closure plan in accordance with section 11-58.1-17 as part of the application for a permit.(g) Financial assurance. The owner and/or operator shall develop a financial assurance plan in accordance with section 11-58.1-18.(h) Reporting requirement. At a minimum, an annual report shall be submitted to the department no later than thirty days after June 30 of each year. The annual report shall detail the volume or weight of solid waste received at the facility, the origin and transporter of the solid waste.Haw. Code R. § 11-58.1-19
[Eff JAN 13 1994] (Auth: HRS § 342H-3, 342H-4, 342H-31, 342H-32)