Section 11-62-41 - General requirements and prohibition(a) No person shall generate, treat, prepare, store, haul, apply, place, use, or dispose of wastewater sludge except:(1) In compliance with:(A) A permit or department approval for use of an individual wastewater system obtained under this chapter;(B) A registration under this chapter; or(C) An exemption from permitting or registration provided by section 11-62-50.(2) In a municipal solid waste landfill unit which is in compliance with the sludge related conditions in a permit issued under chapter 11-58.1:(A) Where that permit was issued following public participation procedures at least as open to the public as those specified in subchapter 5; and(B) Incorporates the requirements of 40 CFR Part 258. (3) By incineration in a facility in compliance with the requirements of 40 CFR Part 503, Subpart E, Incineration, and 40 CFR §503.8, Sampling and analysis, and §503.9, General definitions;(4) In a facility in compliance with the sludge related conditions in a National Pollutant Discharge Elimination System (NPDES) permit issued under chapter 11-55 or issued by the U.S. EPA, where that permit includes or incorporates the requirements of 40 CFR Part 503, Subpart B, Land Application, Subpart D, Pathogens and Vector Attraction Reduction, and 4 0 CFR §503.8, Sampling and analysis, and §503.9, General definitions and any applicable requirements of this chapter;(5) For hauling, by a county, state, or federal agency, or by a person or an operation registered under section 11-62-50(b)(4); or(6) As otherwise authorized in writing by the director.(b) Direct enforceability. No person shall generate, treat, prepare, store, haul, apply, place, use, or dispose of wastewater sludge except in compliance with the requirements of this chapter and all applicable federal rules, whether or not a permit has been issued or registration has been made.(c) Exclusion. This chapter does not apply to operations and facilities involved with the collection, handling, storage, treatment, use, disposal, or transportation of the following:(1) Wastewater sludge co-fired in an incinerator with other wastes or incinerators in which the wastewater sludge and other wastes are CO-fired;(2) Wastewater sludge generated at an industrial facility during the treatment of industrial wastewater, including wastewater sludge generated during the treatment of industrial wastewater combined with domestic wastewater;(3) Wastewater sludge determined to be hazardous under state rule or federal regulation;(4) Wastewater sludge containing polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry-weight basis);(5) Incinerator ash generated during the firing of wastewater sludge in a wastewater sludge incinerator;(7) Drinking water treatment sludge; and(8) Commercial and industrial septage that contains no domestic wastewater.[Eff and comp 12/09/2004] (Auth: HRS § 342D-4, 342D-5) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Parts 258, 501, 503, 40 CFR 503 Subparts B, C, D, E, 40 CFR §§501.15, 503.1(b), 503.3, 503.4, 503.6, 503.7, 503.8, 503.9 )