Section 11-268-1 - Purpose, scope and applicability(a) This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.(b) Except as specifically provided otherwise in this chapter or chapter 11-261, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.(c) Restricted wastes may continue to be land disposed as follows: (1) Where persons have been granted an extension to the effective date of a prohibition under subchapter C, with respect to those wastes covered by the extension;(3) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, or 40 CFR part 148, are not prohibited if the wastes: (i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 146.6(a); and(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in subchapter C of chapter 11-261 at the point of injection.(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 11-268-40, or are D003 reactive cyanide: (i) The wastes are managed in a treatment system which subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Federal Clean Water Act; or(ii) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Federal Clean Water Act; or(iii) The wastes are managed in a zero discharge system engaged in Federal Clean Water Act-equivalent treatment as defined in section 11-268-37(a); and(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).(d) The requirements of this chapter shall not affect the availability of a waiver under section 121(d)(4) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended ( 42 U.S.C. 9621(d)(4)) .(e) The following hazardous wastes are not subject to any provision of chapter 11-268: (1) Waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in section 11-261-5;(2) Waste pesticides that a farmer disposes of pursuant to section 11-262-70;(3) Wastes identified or listed as hazardous for which the department has not promulgated land disposal prohibitions or treatment standards;(4) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.(f) Universal waste handlers and universal waste transporters (as defined in section 11-260-10) are exempt from section 11-268-7 and section 11-268-50 for the hazardous wastes listed below. These handlers are subject to regulation under chapter 11-273. (1) Batteries as described in section 11-273-2;(2) Pesticides as described in section 11-273-3; and(3) Thermostats as described in section 11-273-4.(g) All references in tables and appendices to provisions of the Code of Federal Regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rules).[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 4 0 C.F.R. §268.1)