Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL
Subchapter 2 - SOLID WASTE DISPOSAL FACILITIES
Section 11-58.1-11 - Municipal solid waste landfills - purpose, scope, and applicability

Universal Citation: HI Admin Rules 11-58.1-11

Current through February, 2024

(a) The purpose of sections 11-58.1-11 through 11-58.1-18 is to establish minimum state criteria for all municipal solid waste landfill (MSWLF) units including municipal solid waste landfills that are used to dispose of sewage sludge. These minimum state criteria ensure the protection of human health and the environment.

(b) These criteria apply to owners and operators of new MSWLF units, existing MSWLF units, and lateral expansions, except as otherwise specifically provided in sections 11-58.1-11 through 11-58.1-18.

(c) These criteria do not apply to MSWLF units that did not receive waste after October 9, 1991.

(d) MSWLF units that receive waste after October 9, 1991, but stop receiving waste before October 9, 19 93, are exempt from all the requirements of sections 11-58.1-11 through 11-58.1-18, except for the final cover requirement specified in section 11-58.1-17(a) (1). The final cover must be installed within six months of the last receipt of wastes. Owners or operators of MSWLF units described in this subsection that fail to complete cover installation within this six-month period will be subject to all the requirements of sections 11-58.1-11 through 11-58.1-18, unless otherwise specified.

(e) All MSWLF units that receive waste on or after October 9, 1993, must comply with all requirements of sections 11-58.1-11 through 11-58.1-18, unless otherwise specified.

(f) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that dispose of less than twenty tons of municipal solid waste daily, based on an annual average, are exempt from sections 11-58.1-14 and 11-58.1-16, so long as:

(1) There is no evidence of existing ground-water contamination from the MSWLF unit;

(2) The MSWLF unit serves either:
(A) A community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility; or

(B) A community that has no practicable waste management alternative and is located in an area that annually receives less than or equal to twenty-five inches of precipitation; and

(3) The owners or operators place in the operating record information demonstrating that the requirements of this subsection are met.

(g) If the owner or operator of a new MSWLF unit, existing MSWLF unit, or lateral expansion has knowledge of ground-water contamination resulting from the unit that has asserted the exemption in subsection (f), the owner or operator must notify the director of the contamination and shall thereafter comply with sections 11-58.1-14 and 11-58.1-16.

(h) MSWLF units failing to satisfy these criteria are considered open dumps for purposes of state solid waste management planning under RCRA.

(i) MSWLF units failing to satisfy these criteria constitute open dumps, which are prohibited under section 4005 of RCRA.

(j) MSWLF units containing sewage sludge and failing to satisfy these criteria violate sections 309 and 405(e) of the Clean Water Act.

(k) The effective date of sections 11-58.1-11 through 11-58.1-17 is October 9, 1993. Section 11-58.1-18 is effective April 9, 1994.

(l) The owner or operator of a MSWLF unit must comply with any other applicable state or federal rules, laws, regulations, or other requirements.

(m) Extensions of the effective dates in 40 CFR 258 and this chapter may be approved on a case-by-case basis only following rule changes to 40 CFR 258 promulgated by the EPA authorizing such extensions or under statutory authority granted by the U.S. Congress.

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