Section 11-268-39 - Waste specific prohibitions - spent aluminum potliners; reactive; and carbamate wastes(a) The wastes specified in section 11-261-32 as EPA Hazardous Waste numbers K156-159, and K161; and in section 11-261-33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.(b) The wastes identified in section 11-261-23 as D003 that are managed in systems other than those whose discharge is regulated under the Federal Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Federal Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see section 11-268-40)).(c) The wastes specified in section 11-261-32 as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with this waste are prohibited from land disposal.(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.(f) The requirements of subsections (a), (b), (c) , and (d) do not apply if: (1) The wastes meet the applicable treatment standards specified in subchapter D;(g) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 11-268-40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subchapter D levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.[Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.39 )