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 11-58.1-16 - Municipal solid waste landfills - ground water protection
Universal Citation: HI Admin Rules 11-58.1-16
Current through February, 2024
(a) Applicability.
(1) The requirements in sections 11-58.1-11
through 11-58.1-18 apply to MSWLF units, except as provided in paragraph
(2).
(2) Ground water monitoring
requirements under subsections (b) through (e) may be suspended by the director
for a MSWLF unit if the owner or operator can demonstrate that there is no
potential for migration of hazardous constituents from that MSWLF unit to the
uppermost aquifer (as defined in section 11-58.1-03 ) during the active life of
the unit and the post-closure care period. This demonstration must be certified
by a qualified ground water scientist and approved by the director, and must be
based upon:
(A) Site-specific field collected
measurements, sampling, and analysis of physical, chemical, and biological
processes affecting contaminant fate and transport; and
(B) Contaminant fate and transport
predictions that maximize contaminant migration and consider impacts on human
health and environment.
(3) Owners and operators of MSWLF units must
comply with the ground-water monitoring requirements of sections 11-58.1-11
through 11-58.1-18 according to the following schedule unless an alternative
schedule is specified under paragraph (4):
(A) Existing MSWLF units and lateral
expansions less than one mile from a drinking water intake (surface or
subsurface) must be in compliance with the ground-water monitoring requirements
specified in subsections (b) through (e) by October 9, 1994;
(B) Existing MSWLF units and lateral
expansions greater than one mile but less than two miles from a drinking water
intake (surface or subsurface) must be in compliance with the ground-water
monitoring requirements specified in subsections (b) through (e) by October 9,
1995;
(C) Existing MSWLF units and
lateral expansions greater than two miles from a drinking water intake (surface
or subsurface) must be in compliance with the ground-water monitoring
requirements specified in subsections (b) through (e) by October 9,
1996;
(D) New MSWLF units must be
in compliance with the ground-water monitoring requirements specified in
subsections (b) through (e) before waste can be placed in the unit.
(4) The director may specify an
alternative schedule for the owners or operators of existing MSWLF units and
lateral expansions to comply with the ground-water monitoring requirements
specified in subsections (b) through (e). This schedule must ensure that fifty
per cent of all existing MSWLF units are in compliance by October 9, 1994 and
that all existing MSWLF units are in compliance by October 9, 1996. In setting
the compliance schedule, the director must consider potential risks posed by
the unit to human health and the environment. The following factors should be
considered in determining potential risk:
(A)
Proximity of human and environmental receptors;
(B) Design of the MSWLF unit;
(C) Age of the MSWLF unit;
(D) The size of the MSWLF unit;
(E) Types and quantities of wastes disposed
including sewage sludge; and
(F)
Resource value of the underlying aquifer, including:
(i) Current and future uses;
(ii) Proximity and withdrawal rate of users;
and
(iii) Ground-water quality and
quantity.
(5)
Once established at a MSWLF unit, ground-water monitoring shall be conducted
throughout the active life and post-closure care period of that MSWLF unit as
specified in section 11-58.1-17(b).
(6) The director may establish alternative
schedules for demonstrating compliance with subsection (b)(4)(B), pertaining to
notification of placement of certification in operating record; subsection
(d)(3)(A), pertaining to notification that statistically significant increase
(SSI) notice is in operating record; subsection (d) (3) (B) and (C) ,
pertaining to an assessment monitoring program; subsection (e) (2) , pertaining
to sampling and analyzing Appendix II constituents; subsection (e)(4)(A),
pertaining to placement of notice (Appendix II constituents detected) in record
and notification of notice in record; subsection (e) (4) (B) , pertaining to
sampling for Appendix I and II; subsection (e) (7) , pertaining to notification
(and placement of notice in record) of SSI above ground-water protection
standard; subsections (e)(7)(A)(iv) and (f)(1), pertaining to assessment of
corrective measures; subsection (g) (1) , pertaining to selection of remedy and
notification of placement in record; subsection (h) (3) (D) , pertaining to
notification of placement in record (alternative corrective action measures);
and subsection (h) (6) , pertaining to notification of placement in record
(certification of remedy completed).
(b) Ground-water monitoring systems.
(1) A ground-water monitoring system must be
installed that consists of a sufficient number of wells, installed at
appropriate locations and depths, to yield ground-water samples from the
uppermost aquifer (as defined in section 11-58.1-03 ) that:
(A) Represent the quality of background
ground water that has not been affected by leakage from a unit. A determination
of background quality may include sampling of wells that are not hydraulically
upgradient of the waste management area where:
(i) Hydrogeologic conditions do not allow the
owner or operator to determine what wells are hydraulically upgradient;
or
(ii) Sampling at other wells
will provide an indication of background ground-water quality that is as
representative as or more representative than that provided by the upgradient
wells; and
(B) Represent
the quality of ground water passing the relevant point of compliance specified
by the director under section 11-58.1-14(e). The downgradient monitoring system
must be installed at the relevant point of compliance specified by the director
under section 11-58.1-14(e) that ensures detection of ground-water
contamination in the uppermost aquifer. When physical obstacles preclude
installation of ground-water monitoring wells at the relevant point of
compliance at existing units, the down-gradient monitoring system may be
installed at the closest practicable distance hydraulically down-gradient from
the relevant point of compliance specified by the director under section
11-58.1-14 that ensures detection of ground-water contamination in the
uppermost aquifer.
(2)
The director may approve a multi-unit ground-water monitoring system instead of
separate ground-water monitoring systems for each MSWLF unit when the facility
has several units, if the multi-unit ground-water monitoring system meets the
requirement of paragraph (1) and will be as protective of human health and the
environment as individual monitoring systems for each MSWLF unit, based on the
following factors:
(A) Number, spacing, and
orientation of the MSWLF units;
(B)
Hydrogeologic setting;
(C) Site
history;
(D) Engineering design of
the MSWLF units, and
(E) Type of
waste accepted at the MSWLF units.
(3) Monitoring wells must be cased in a
manner that maintains the integrity of the monitoring well bore hole. This
casing must be screened or perforated and packed with gravel or sand, where
necessary, to enable collection of representative ground-water samples. The
annular space (i.e., the space between the bore hole and well casing) above the
sampling depth must be sealed to prevent contamination of samples and the
ground water.
(A) The owner or operator must
notify the director that the design, installation, development, and
decommission of any monitoring wells, piezometers and other measurement,
sampling, and analytical devices documentation has been placed in the operating
record; and
(B) The monitoring
wells, piezometers, and other measurement, sampling, and analytical devices
must be operated and maintained so that they perform to design specifications
throughout the life of the monitoring program.
(4) The number, spacing, and depths of
monitoring systems shall be:
(A) Determined
based upon site-specific technical information that must include thorough
characterization of:
(i) Aquifer thickness,
ground-water flow rate, ground-water flow direction including seasonal and
temporal fluctuations in ground-water flow; and
(ii) Saturated and unsaturated geologic units
and fill materials overlying the uppermost aquifer, materials comprising the
uppermost aquifer, and materials comprising the confining unit defining the
lower boundary of the uppermost aquifer; including, but not limited to:
thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and
effective porosities.
(B) Certified by a qualified ground-water
scientist or approved by the director. Within fourteen days of this
certification, the owner or operator must notify the director that the
certification has been placed in the operating record.
(c) Ground-water sampling and analysis requirements.
(1) The ground-water
monitoring program must include consistent sampling and analysis procedures
that are designed to ensure monitoring results that provide an accurate
representation of ground-water quality at the background and downgradient wells
installed in compliance with subsection (b)(1). The owner or operator must
notify the director that the sampling and analysis program documentation has
been placed in the operating record and the program must include procedures and
techniques for:
(A) Sample
collection;
(B) Sample preservation
and shipment;
(C) Analytical
procedures;
(D) Chain of custody
control; and
(E) Quality assurance
and quality control.
(2)
The ground-water monitoring program must include sampling and analytical
methods that are appropriate for ground-water sampling and that accurately
measure hazardous constituents and other monitoring parameters in ground-water
samples. Ground-water samples shall not be field-filtered before laboratory
analysis.
(3) The sampling
procedures and frequency must be protective of human health and the
environment.
(4) Ground-water
elevations must be measured in each well immediately before purging, each time
ground water is sampled. The owner or operator must determine the rate and
direction of ground-water flow each time ground water is sampled. Ground-water
elevations in wells which monitor the same waste management area must be
measured within a period of time short enough to avoid temporal variations in
ground-water flow which could preclude accurate determination of ground-water
flow rate and direction.
(5) The
owner or operator must establish background ground-water quality in a
hydraulically upgradient or background well(s) for each of the monitoring
parameters or constituents required in the particular ground-water monitoring
program that applies to the MSWLF unit, as determined under subsections (d)(1)
or (e)(1). Background ground-water quality may be established at wells that are
not located hydraulically upgradient from the MSWLF unit if it meets the
requirements of subsection (b)(1)(A).
(6) The number of samples collected to
establish ground-water quality data must be consistent with the appropriate
statistical procedures determined pursuant to paragraph (7). The sampling
procedures shall be those specified under subsection (d) (2) for detection
monitoring, subsections (e)(2) and (e)(4) for assessment monitoring, and
subsection (f)(2) for corrective action.
(7) The owner or operator must specify in the
operating record one of the following statistical methods to be used in
evaluating ground-water monitoring data for each hazardous constituent. The
statistical test chosen shall be conducted separately for each hazardous
constituent in each well.
(A) A parametric
analysis of variance (ANOVA) followed by multiple comparisons procedures to
identify statistically significant evidence of contamination. The method must
include estimation and testing of the contrasts between each compliance well's
mean and the background mean levels for each constituent.
(B) An ANOVA based on ranks followed by
multiple comparisons procedures to identify statistically significant evidence
of contamination. The method must include estimation and testing of the
contrasts between each compliance well's median and the background median
levels for each constituent.
(C) A
tolerance or prediction interval procedure in which an interval for each
constituent is established from the distribution of the background data, and
the level of each constituent in each compliance well is compared to the upper
tolerance or prediction limit.
(D)
A control chart approach that gives control limits for each
constituent.
(E) Another
statistical test method that meets the performance standards of paragraph (8).
The owner or operator must place a justification for this alternative in the
operating record and notify the director of the use of this alternative test.
The justification must demonstrate that the alternative method meets the
performance standards of paragraph (8).
(8) Any statistical method chosen under
paragraph (7) shall comply with the following performance standards, as
appropriate:
(A) The statistical method used
to evaluate ground-water monitoring data shall be appropriate for the
distribution of chemical parameters or hazardous constituents. If the
distribution of the chemical parameters or hazardous constituents is shown by
the owner or operator to be inappropriate for a normal theory test, then the
data should be transformed or a distribution-free theory test should be used.
If the distributions for the constituents differ, more than one statistical
method may be needed.
(B) If an
individual well comparison procedure is used to compare an individual
compliance well constituent concentration with background constituent
concentrations or a ground-water protection standard, the test shall be done at
a Type I error level no less than 0.01 for each testing period. If a multiple
comparisons procedure is used, the Type I experiment wise error rate for each
testing period shall be no less than 0.05; however, the Type I error of no less
than 0.01 for individual well comparisons must be maintained. This performance
standard does not apply to tolerance intervals, prediction intervals, or
control charts.
(C) If a control
chart approach is used to evaluate ground-water monitoring data, the specific
type of control chart and its associated parameter values shall be protective
of human health and the environment. The parameters shall be determined after
considering the number of samples in the background data base, the data
distribution, and the range of the concentration values for each constituent of
concern.
(D) If a tolerance
interval or a predictional interval is used to evaluate ground-water monitoring
data, the levels of confidence and, for tolerance intervals, the per cent of
the population that the interval must contain, shall be protective of human
health and the environment. These parameters shall be determined after
considering the number of samples in the background data base, the data
distribution, and the range of the concentration values for each constituent of
concern.
(E) The statistical method
shall account for data below the limit of detection with one or more
statistical procedures that are protective of human health and the environment.
Any practical quantitation limit (pql) that is used in the statistical method
shall be the lowest concentration level that can be reliably achieved within
specified limits of precision and accuracy during routine laboratory operating
conditions that are available to the facility.
(F) If necessary, the statistical method
shall include procedures to control or correct for seasonal and spatial
variability as well as temporal correlation in the data.
(9) The owner or operator must determine
whether or not there is a statistically significant increase over background
values for each parameter or constituent required in the particular
ground-water monitoring program that applies to the MSWLF unit, as determined
under subsections (d)(1) or (e)(1).
(A) In
determining whether a statistically significant increase has occurred, the
owner or operator must compare the ground-water quality of each parameter or
constituent at each monitoring well designated pursuant to subsection (b)(1)(B)
to the background value of that constituent, according to the statistical
procedures and performance standards specified under paragraphs (7) and
(8).
(B) Within a reasonable period
of time after completing sampling and analysis, the owner or operator must
determine whether there has been a statistically significant increase over
background at each monitoring well.
(d) Detection monitoring program.
(1) Detection monitoring is required at MSWLF
units at all ground-water monitoring wells defined under subsections (b)(1)(A)
and (B). At a minimum, a detection monitoring program must include monitoring
for the constituents listed in Appendix I.
(A) The director may delete any of the
Appendix I monitoring parameters for a MSWLF unit if it can be shown that the
removed constituents are not reasonably expected to be contained in or derived
from the waste contained in the unit.
(B) The director may establish an alternative
list of inorganic indicator parameters for a MSWLF unit, in lieu of some or all
of the heavy metals (constituents 1 through 15 of Appendix I) , if the
alternative parameters provide a reliable indication of inorganic releases from
the MSWLF unit to the ground water. In determining alternative parameters, the
director shall consider the following factors:
(i) The types, quantities, and concentrations
of constituents in wastes managed at the MSWLF unit;
(ii) The mobility, stability, and persistence
of waste constituents or their reaction products in the unsaturated zone
beneath the MSWLF unit;
(iii) The
detectability of indicator parameters, waste constituents, and reaction
products in the ground water; and
(iv) The concentration or values and
coefficients of variation of monitoring parameters or constituents in the
ground-water background.
(2) The monitoring frequency for all
constituents listed in Appendix I, or in the alternative list approved in
accordance with paragraph (1) (B) , shall be at least semiannual during the
active life of the facility (including closure) and the post-closure period. A
minimum of four independent samples from each well (background and
downgradient) must be collected and analyzed for Appendix I which is
incorporated by reference, or the alternative list approved in accordance with
paragraph (1)(B), during the first semiannual sampling event. At least one
sample from each well (background and downgradient) must be collected and
analyzed during subsequent semi-annual sampling events. The director may
specify an appropriate alternative frequency for repeated sampling and analysis
for Appendix I constituents, or the alternative list approved in accordance
with paragraph (1) (B) , during the active life (including closure) and the
post-closure care period. The alternative frequency during the active life
(including closure) shall be no less than annual. The alternative frequency
shall be based on consideration of the following factors:
(A) Lithology of the aquifer and unsaturated
zone;
(B) Hydraulic conductivity of
the aquifer and unsaturated zone;
(C) Ground-water flow rates;
(D) Minimum distance between upgradient edge
of the MSWLF unit and downgradient monitoring well screen (minimum distance of
travel); and
(E) Resource value of
the aquifer.
(3) If the
owner or operator determines, pursuant to subsection (c) (7) , that there is a
statistically significant increase over background for one or more of the
constituents listed in Appendix I or in the alternative list approved in
accordance with paragraph (1)(B), at any monitoring well at the boundary
specified under subsection (b)(1)(B), the owner or operator:
(A) Must, within twenty-four hours of this
finding, place a notice in the operating record indicating which constituents
have shown statistically significant changes from background levels, and notify
the director that this notice was placed in the operating record; and
(B) Must establish an assessment monitoring
program meeting the requirements of subsection (e) within ninety days except as
provided for in subparagraph (C).
(C) The owner or operator may demonstrate
that a source other than a MSWLF unit caused the contamination or that the
statistically significant increase resulted from error in sampling, analysis,
statistical evaluation, or natural variation in ground water quality. A report
documenting this demonstration must be certified by a qualified ground water
scientist or approved by the director and be placed in the operating record. If
a successful demonstration is made and documented, the owner or operator may
continue detection monitoring as specified in this section. If, after ninety
days, a successful demonstration is not made, the owner or operator must
initiate an assessment monitoring program as required in subsection
(e).
(e) Assessment monitoring.
(1) Assessment
monitoring is required whenever a statistically significant increase over
background has been detected for one or more of the constituents listed in
Appendix I or in the alternative list approved in accordance with subsection
(d)(1)(B).
(2) Within ninety days
of triggering an assessment monitoring program, and annually thereafter, the
owner or operator must sample and analyze the ground water for all constituents
identified in Appendix II. A minimum of one sample from each downgradient well
must be collected and analyzed during each sampling event. For any constituent
detected in the downgradient wells as the result of the complete Appendix II
analysis, a minimum of four independent samples from each well (background and
downgradient) must be collected and analyzed to establish background for the
constituents. The director may specify an appropriate subset of wells to be
sampled and analyzed for Appendix II constituents during assessment monitoring.
The director may delete any of the Appendix II monitoring parameters for a
MSWLF unit if it can be shown that the removed constituents are not reasonably
expected to be in or derived from the waste contained in the unit.
(3) The director may specify an appropriate
alternate frequency for repeated sampling and analysis for the full set of
Appendix II constituents required by paragraph (2), during the active life
(including closure) and post-closure care of the unit considering the following
factors:
(A) Lithology of the aquifer and
unsaturated zone;
(B) Hydraulic
conductivity of the aquifer and unsaturated zone;
(C) Ground water flow rates;
(D) Minimum distance between the upgradient
edge of the MSWLF unit and the downgradient monitoring well screen (minimum
distance of travel);
(E) Resource
value of the aquifer; and
(F)
Nature (fate and transport) of any constituents detected in response to this
section.
(4) After
obtaining the results from the initial or subsequent sampling events required
in paragraph (2) , the owner or operator must:
(A) Within twenty-four hours, place a notice
in the operating record identifying the Appendix II constituents that have been
detected and notify the director that this notice has been placed in the
operating record;
(B) Within ninety
days, and on at least a semiannual basis thereafter, resample all wells
specified by subsection (b) (1) , conduct analyses for all constituents in
Appendix I or in the alternative list approved in accordance with subsection
(d) (1) (B) , and for those constituents in Appendix II that are detected in
response to paragraph (2), and record their concentrations in the facility
operating record. At least one sample from each well (background and
downgradient) must be collected and analyzed during these sampling events. The
director may specify an alternative monitoring frequency during the active life
(including closure) and the post-closure period for the constituents referred
to in this paragraph. The alternative frequency for Appendix I constituents, or
the alternative list approved in accordance with subsection (d) (1) (B) ,
during the active life (including closure) shall be no less than annual. The
alternative frequency shall be based on consideration of the factors specified
in paragraph (3);
(C) Establish
background concentrations for any constituents detected pursuant to paragraph
(2) or (4) (B); and
(D) Establish
ground water protection standards for all constituents detected pursuant to
paragraph (2) or (4). The ground water protection standards shall be
established in accordance with paragraph (8) or (9).
(5) If the concentrations of all Appendix II
constituents are shown to be at or below background values, using the
statistical procedures in subsection (c) (7) , for two consecutive sampling
events, the owner or operator must notify the director of this finding and may
return to detection monitoring.
(6)
If the concentrations of any Appendix II constituents are above background
values, but all concentrations are below the ground water protection standard
established under paragraph (8) or (9), using the statistical procedures in
subsection (c) (7), the owner or operator must continue assessment monitoring
in accordance with this section.
(7) If one or more Appendix II constituents
are detected at statistically significant levels above the ground water
protection standard established under paragraph (8) or (9) in any sampling
event, the owner or operator must, within fourteen days of this finding, place
a notice in the operating record identifying the Appendix II constituents that
have exceeded the ground water protection standard and notify the director and
all appropriate local government officials that the notice has been placed in
the operating record. The owner or operator also:
(A)
(i)
Must characterize the nature and extent of the release by installing additional
monitoring wells as necessary;
(ii)
Must install at least one additional monitoring well at the facility boundary
in the direction of contaminant migration and sample this well in accordance
with paragraph (4) (B);
(iii) Must
notify all persons who own the land or reside on the land that directly
overlies any part of the plume of contamination if contaminants have migrated
off-site as indicated by sampling of wells in accordance with paragraph (7)(A);
and
(iv) Must initiate an
assessment of corrective measures as required by subsection (f) within ninety
days; or
(B) May
demonstrate that a source other than a MSWLF unit caused the contamination, or
that the SSI resulted from error in sampling, analysis, statistical evaluation,
or natural variation in ground water quality. A report documenting this
demonstration must be certified by a qualified ground-water scientist or
approved by the director and placed in the operating record. If a successful
demonstration is made, the owner or operator must continue monitoring in
accordance with the assessment monitoring program pursuant to this subsection,
and may return to detection monitoring if the Appendix II constituents are at
or below background as specified in paragraph (5). Until a successful
demonstration is made, the owner or operator must comply with paragraph (7)
including initiating an assessment of corrective measures.
(8) The owner or operator must establish a
ground water protection standard for each Appendix II constituent detected in
the ground water. The ground water protection standard shall be:
(A) For constituents for which a maximum
contaminant level (MCL) has been promulgated under section 1412 of the Safe
Drinking Water Act (codified) under 40 CFR part 141, the MCL for that
constituent;
(B) For constituents
for which MCLs have not been promulgated, the background concentration for the
constituent established from wells in accordance with subsection (b)(1)(A);
or
(C) For constituents for which
the background level is higher than the MCL identified under subparagraph (A)
or health-based levels identified under paragraph (9)(A), the background
concentration.
(9) The
director may establish an alternative ground water protection standard for
constituents for which MCLs have not been established. These ground water
protection standards shall be appropriate health-based levels that satisfy the
following criteria:
(A) The level is derived
in a manner consistent with U.S. Environmental Protection Agency (EPA)
guidelines for assessing the health risks of environmental pollutants (51 Fed.
Reg. 33992, 34006, 34014, 34028, September 24, 1986);
(B) The level is based on scientifically
valid studies conducted in accordance with the Toxic Substances Control Act
Good Laboratory Practice Standards ( 40 CFR part 792 ) or equivalent;
(C) For carcinogens, the level represents a
concentration associated with an excess lifetime cancer risk level (due to
continuous lifetime exposure) with the 1 x 10"4 to 1
x 10-6 range; and
(D) For systemic toxicants, the level
represents a concentration to which the human population (including sensitive
subgroups) could be exposed to on a daily basis that is likely to be without
appreciable risk of deleterious effects during a lifetime. For purposes of this
section, systemic toxicants include toxic chemicals that cause effects other
than cancer or mutation.
(10) In establishing ground water protection
standards under paragraph (9), the director may consider the following:
(A) Multiple contaminants in the ground
water;
(B) Exposure threats to
sensitive environmental receptors; and
(C) Other site-specific exposure or potential
exposure to ground water.
(f) Assessment of corrective measures
(1) Within ninety days of finding that any of
the constituents listed in Appendix II have been detected at a statistically
significant level exceeding the ground water protection standards defined under
subsection (e)(8) or (e)(9), the owner or operator must initiate an assessment
of corrective measures. The assessment must be completed within a reasonable
period of time.
(2) The owner or
operator must continue to monitor in accordance with the assessment monitoring
program as specified in subsection (e).
(3) The assessment shall include an analysis
of the effectiveness of potential corrective measures in meeting all of the
requirements and objectives of the remedy as described under subsection (g),
addressing at least the following:
(A) The
performance, reliability, ease of implementation, and potential impacts of
appropriate potential remedies, including safety impacts, cross-media impacts,
and control of exposure to any residual contamination;
(B) The time required to begin and complete
the remedy;
(C) The costs of remedy
implementation; and
(D) The
institutional requirements such as state or local permit requirements or other
environmental or public health requirements that may substantially affect
implementation of the remedy(s).
(4) The owner or operator must discuss the
results of the corrective measures assessment, before the selection of remedy,
in a public meeting with interested and affected parties.
(g) Selection of remedy
(1) Based on the results of the corrective
measures assessment conducted under subsection (f), the owner or operator must
select a remedy that, at a minimum, meets the standards listed in paragraph
(2). The owner or operator must notify the director, within fourteen days of
selecting a remedy, a report describing the selected remedy has been placed in
the operating record and how it meets the standards in paragraph (2).
(2) Remedies must:
(A) Be protective of human health and the
environment;
(B) Attain the ground
water protection standard as specified pursuant to subsection (e)(8) or
(9);
(C) Control the source (s) of
releases so as to reduce or eliminate, to the maximum extent practicable,
further releases of Appendix II constituents into the environment that may pose
a threat to human health or the environment; and
(D) Comply with standards for management of
wastes as specified in subsection (h)(4).
(3) In selecting a remedy that meets the
standards of paragraph (2), the owner or operator shall consider the following
evaluation factors:
(A) The long- and
short-term effectiveness and protectiveness of the potential remedy(s), along
with the degree of certainty that the remedy will prove successful based on
consideration of the following:
(i) Magnitude
of reduction of existing risks;
(ii) Magnitude of residual risks in terms of
likelihood of further releases due to waste remaining following implementation
of a remedy;
(iii) The type and
degree of long-term management required, including monitoring, operation, and
maintenance;
(iv) Short-term risks
that might be posed to the community, workers, or the environment during
implementation of such a remedy, including potential threats to human health
and the environment associated with excavation, transportation, and redisposal
or containment;
(v) Time until full
protection is achieved;
(vi)
Potential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the environment
associated with excavation, transportation, redisposal, or
containment;
(vii) Long-term
reliability of the engineering and institutional controls; and
(viii) Potential need for replacement of the
remedy.
(B) The
effectiveness of the remedy in controlling the source to reduce further
releases based on consideration of the following factors:
(i) The extent to which containment practices
will reduce further releases;
(ii)
The extent to which treatment technologies may be used.
(C) The ease or difficulty of implementing a
potential remedy(s) based on consideration of the following types of factors:
(i) Degree of difficulty associated with
constructing the technology;
(ii)
Expected operational reliability of the technology;
(iii) Need to coordinate with and obtain
necessary approvals and permits from other agencies;
(iv) Availability of necessary equipment and
specialists; and
(v) Available
capacity and location of needed treatment, storage, and disposal
services.
(D)
Practicable capability of the owner or operator, including a consideration of
the technical and economic capability.
(E) The degree to which community concerns
are addressed by a potential remedy(s).
(4) The owner or operator shall specify as
part of the selected remedy a schedule(s) for initiating and completing
remedial activities. Such a schedule must require the initiation of remedial
activities within a reasonable period of time taking into consideration the
factors set forth in subparagraphs (A) through (H). The owner or operator must
consider the following factors in determining the schedule of remedial
activities:
(A) Extent and nature of
contamination;
(B) Practical
capabilities of remedial technologies in achieving compliance with ground water
protection standards established under subsection (e) (7) or (8) and other
objectives of the remedy;
(C)
Availability of treatment or disposal capacity for wastes managed during
implementation of the remedy;
(D)
Desirability of utilizing technologies that are not currently available, but
which may offer significant advantages over already available technologies in
terms of effectiveness, reliability, safety, or ability to achieve remedial
objectives;
(E) Potential risks to
human health and the environment from exposure to contamination before
completion of the remedy;
(F)
Resource value of the aquifer including:
(i)
Current and future uses;
(ii)
Proximity and withdrawal rate of users;
(iii) Ground water quantity and
quality;
(iv) The potential damage
to wildlife, crops, vegetation, and physical structures caused by exposure to
waste constituents;
(v) The
hydrogeologic characteristic of the facility and surrounding land;
(vi) Ground water removal and treatment
costs; and
(vii) The cost and
availability of alternative water supplies;
(G) Practicable capability of the owner or
operator; and
(H) Other relevant
factors.
(5) The
director may determine that remediation of a release of an Appendix II
constituent from a MSWLF unit is not necessary if the owner or operator
demonstrates to the satisfaction of the director that:
(A) The ground water is additionally
contaminated by substances that have originated from a source other than a
MSWLF unit and that those substances are present in concentrations such that
cleanup of the release from the MSWLF unit would provide no significant
reduction in risk to actual or potential receptors; or
(B) The constituent(s) is present in ground
water that:
(i) Is not currently or
reasonably expected to be a source of drinking water; and
(ii) Is not hydraulically connected with
waters to which the hazardous constituents are migrating or are likely to
migrate in a concentration(s) that would exceed the ground-water protection
standards established under subsection (e)(8) or (9); or
(C) Remediation of the release (s) is
technically impracticable; or
(D)
Remediation results in unacceptable cross-media impacts.
(6) A determination by the director pursuant
to subsection(g)(5) shall not affect the authority of the State to require the
owner or operator to undertake source control measures or other measures that
may be necessary to eliminate or minimize further releases to the ground-water,
to prevent exposure to the ground-water, or to remediate the ground water to
concentrations that are technically practicable and significantly reduce
threats to human health or the environment.
(h) Implementation of the corrective action program
(1) Based on the schedule established
under subsection (g) (4) for initiation and completion of remedial activities
the owner or operator must:
(A) Establish and
implement a corrective action ground water monitoring program that:
(i) At a minimum, meets the requirements of
an assessment monitoring program under subsection (e);
(ii) Indicates the effectiveness of the
corrective action remedy; and
(iii)
Demonstrates compliance with ground water protection standard pursuant to
paragraph (5);
(B)
Implement the corrective action remedy selected under subsection (g);
and
(C) Take any interim measures
necessary to ensure the protection of human health and the environment. Interim
measures should, to the greatest extent practicable, be consistent with the
objectives of and contribute to the performance of any remedy that may be
required pursuant to subsection (g). The following factors must be considered
by an owner or operator in determining whether interim measures are necessary:
(i) Time required to develop and implement a
final remedy;
(ii) Actual or
potential exposure of nearby populations or environmental receptors to
hazardous constituents;
(iii)
Actual or potential contamination of drinking water supplies or sensitive
ecosystems;
(iv) Further
degradation of the ground water that may occur if remedial action is not
initiated expeditiously;
(v)
Weather conditions that may cause hazardous constituents to migrate or be
released;
(vi) Risks of fire or
explosion, or potential for exposure to hazardous constituents as a result of
an accident or failure of a container or handling system; and
(vii) Other situations that may pose threats
to human health and the environment.
(2) An owner or operator may determine, based
on information developed after implementation of the remedy has begun or other
information, that compliance with requirements of subsection (g)(2) are not
being achieved through the remedy selected. In these cases, the owner or
operator must implement other methods or techniques that could practicably
achieve compliance with the requirements, unless the owner or operator makes
the determination under paragraph (3).
(3) If the owner or operator determines that
compliance with requirements under subsection (g)(2) cannot be practically
achieved with any currently available methods, the owner or operator must:
(A) Obtain certification of a qualified
ground water scientist or approval by the director that compliance with the
requirements under subsection (g) (2) cannot be practically achieved with any
currently available methods;
(B)
Implement alternate measures to control exposure of humans or the environment
to residual contamination, as necessary to protect human health and the
environment; and
(C) Implement
alternate measures for control of the sources of contamination, or for removal
or decontamination of equipment, units, devices, or structures that are:
(i) Technically practicable; and
(ii) Consistent with the overall objective of
the remedy.
(D) Notify
the director within fourteen days that a report justifying the alternative
measures before implementing the alternative measures has been placed in the
operating record.
(4)
All solid wastes that are managed pursuant to a remedy required under
subsection (g), or an interim measure required under paragraph (1)(C), shall be
managed in a manner:
(A) That is protective
of human health and the environment; and
(B) That complies with applicable RCRA
requirements.
(5)
Remedies selected pursuant to subsection (g) shall be considered complete when:
(A) The owner or operator complies with the
ground-water protection standards established under subsection (e)(8) or (9) at
all points within the plume of contamination that lie beyond the ground water
monitoring well system established under subsection (b)(1).
(B) Compliance with the ground water
protection standards established under subsection (e) (8) or (9) has been
achieved by demonstrating that concentrations of Appendix II constituents have
not exceeded the ground water protection standard(s) for a period of three
consecutive years using the statistical procedures and performance standards in
subsection (c) (7) and (c) (8). The director may specify an alternative length
of time during which the owner or operator must demonstrate that concentrations
of Appendix II constituents have not exceeded the ground water protection
standard(s) taking into consideration:
(i)
Extent and concentration of the release(s);
(ii) Behavior characteristics of the
hazardous constituents in the ground water;
(iii) Accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and
(iv) Characteristics of the ground
water.
(C) All actions
required to complete the remedy have been satisfied.
(6) Upon completion of the remedy, the owner
or operator must notify the director within fourteen days that a certification
that the remedy has been completed in compliance with the requirements of
paragraph (5) has been placed in the operating record. The certification must
be signed by the owner or operator and by a qualified ground water scientist or
approved by the director.
(7) When,
upon completion of the certification, the owner or operator determines that the
corrective action remedy has been completed in accordance with the requirements
under paragraph (5) , the owner or operator shall be released from the
requirements for financial assurance for corrective action under section
11-58.1-18(d).
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.
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