Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subchapter M - LAND TREATMENT
Section 11-264-276 - Food-chain crops
Universal Citation: HI Admin Rules 11-264-276
Current through February, 2024
The director may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. The director will specify in the facility permit the specific food-chain crops which may be grown.
(a)
(1) The
owner or operator must demonstrate that there is no substantial risk to human
health caused by the growth of such crops in or on the treatment zone by
demonstrating, prior to the planting of such crops, that hazardous constituents
other than cadmium:
(i) Will not be
transferred to the food or feed portions of the crop by plant uptake or direct
contact, and will not otherwise be ingested by food-chain animals (e.g., by
grazing); or
(ii) Will not occur in
greater concentrations in or on the food or feed portions of crops grown on the
treatment zone than in or on identical portions of the same crops grown on
untreated soils under similar conditions in the same region.
(2) The owner or operator must
make the demonstration required under this subsection prior to the planting of
crops at the facility for all constituents identified in Appendix VIII of
chapter
11-261 that are reasonably expected to
be in, or derived from, waste placed in or on the treatment zone.
(3) In making a demonstration under this
subsection, the owner or operator may use field tests, greenhouse studies,
available data, or, in the case of existing units, operating data, and must:
(i) Base the demonstration on conditions
similar to those present in the treatment zone, including soil characteristics
(e.g., pH, cation exchange capacity), specific wastes, application rates,
application methods, and crops to be grown; and
(ii) Describe the procedures used in
conducting any tests, including the sample selection criteria, sample size,
analytical methods, and statistical procedures.
(4) If the owner or operator intends to
conduct field tests or greenhouse studies in order to make the demonstration
required under this subsection, he must obtain a permit for conducting such
activities.
(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:
(1)
(i) The
pH of the waste and soil mixture must be 6.5 or greater at the time of each
waste application, except for waste containing cadmium at concentrations of 2
mg/kg (dry weight) or less;
(ii)
The annual application of cadmium from waste must not exceed 0.5 kilograms per
hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or
root crops grown for human consumption. For other food-chain crops, the annual
cadmium application rate must not exceed:
Time period | Annual Cd application rate (kilograms per hectare) |
Present to June 30, 1984 | 2.0 |
July 1, 1984 to December 31, 1986 | 1.25 |
Beginning January 1, 1987 | 0.5 |
(iii) The cumulative application of cadmium
from waste must not exceed 5 kg/ha if the waste and soil mixture has a pH of
less than 6.5; and
(iv) If the
waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH of
6.5 or greater during crop growth, the cumulative application of cadmium from
waste must not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less
than 5 meq/100g; 10 kg/ha if soil CEC is 5-15 meq/100g; and 20 kg/ha if soil
CEC is greater than 15 meq/100g; or
(2)
(i)
Animal feed must be the only food-chain crop produced;
(ii) The pH of the waste and soil mixture
must be 6.5 or greater at the time of waste application or at the time the crop
is planted, whichever occurs later, and this pH level must be maintained
whenever food-chain crops are grown;
(iii) There must be an operating plan which
demonstrates how the animal feed will be distributed to preclude ingestion by
humans. The operating plan must describe the measures to be taken to safeguard
against possible health hazards from cadmium entering the food chain, which may
result from alternative land uses; and
(iv) Future property owners must be notified
by a stipulation in the land record or property deed which states that the
property has received waste at high cadmium application rates and that
food-chain crops must not be grown except in compliance with paragraph
(b)(2).
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.