Section 11-268-9 - Special rules regarding wastes that exhibit a characteristic(a) The initial generator of a solid waste must determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under subchapter D of this chapter. For purposes of chapter 11-268, the waste will carry the waste code for any applicable listed waste (11-261, subchapter D). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (11-261, subchapter C), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection (b) of this section. If the generator determines that their waste displays a hazardous characteristic (and is not DOOl nonwastewaters treated by CMBST, RORGS, or POLYM of section 11-268-42, Table 1), the generator must determine the underlying hazardous constituents (as defined in section 11-268-2(i)) , in the characteristic waste.(b) Where a prohibited waste is both listed under chapter 11-261, subchapter D and exhibits a characteristic under chapter 11-261, subchapter C, the treatment standard for the waste code listed in chapter 11-261, subchapter D will operate in lieu of the standard for the waste code under chapter 11-261, subchapter C, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under chapter 11-261, subchapter C may be land disposed unless the waste complies with the treatment standards under subchapter D of this chapter.(d) Wastes that exhibit a characteristic are also subject to section 11-268-7 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generators or treaters files and sent to the department. The notification and certification that is placed in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the solid waste management facility receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if such changes occur. Such notification and certification should be sent to the department by the end of the calendar year, but no later than December 31. (1) The notification must include the following information: (i) Name and address of the solid waste management facility receiving the waste shipment; and(ii) A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in section 11-268-2(i)), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.(2) The certification must be signed by an authorized representative and must state the language found in paragraph 11-268-7(b) (5). (i) If treatment removes the characteristic but does not treat underlying hazardous constituents, then the certification found in section 11-268-7(b)(5)(iv) applies.[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.9 )