SHWB Mission Statement
Solid & Hazardous Waste Branch Mission Statement
To protect Hawaii’s lands from pollutants that endanger people and the environment, and to rehabilitate contaminated lands. To insure environmentally sound and cost-effective management of all solid and hazardous waste generated within the State through promotion of pollution prevention and waste minimization, and development of proactive partnerships with waste generators and the regulated community. By aggressive enforcement of environmental laws and regulations, this branch will assist in the the prevention of releases and the threat of release of petroleum, hazardous substances, and other contaminants within our authority.
- Develop and implement pollution prevention programs targeting reduction of waste generation and toxicity.
- Develop and implement waste diversion programs that follow the state’s priorities on waste management practices and processing methods.
- Provide oversight and support to improve the operations of regulated facilities and activities.
- Prevent releases of petroleum, hazardous substances and contaminants into the environment from illegal or unpermitted activities and underground storage tanks.
- Provide technical assistance, education and outreach to the regulated community and the general public.
SHWB consists of four implementing sections, two support groups, and Program Administration. The implementing sections are organized according to statutory authority and program responsibilities. The support groups are designed to provide administrative and technical support to the implementing sections. The major responsibilities of each section are as follows: Hazardous Waste (HW) Section The HW Section promotes pollution prevention, waste minimization, and land rehabilitation through technical assistance, training, and regulatory and policy development; and provides regulatory oversight through permitting, compliance and complaint inspections, and enforcement.
Solid Waste Program The Solid Waste Program promotes waste reduction and waste diversion through technical assistance, outreach and education, financial assistance, and regulatory and policy development; and provides regulatory oversight through permitting, compliance and complaint inspections, enforcement, and technical assistance.
Underground Storage Tank (UST) Section The UST Section provides regulatory oversight on the installation, operation and closure of USTs through technical assistance, permitting, compliance and complaint inspections, enforcement; and of release response actions through technical assistance, development of guidance documents, and enforcement.
Hazardous Waste Back in 1982, the Department of Health’s, Environmental Planning Office accepted a grant from the EPA to develop and implement a hazardous waste program. A planner was responsible for activities agreed to in the workplan. However, it soon became apparent that there was no administrative or financial support to continue the agreement and for the state to seek authorization. Thus in 1983, the state gave the program back to EPA. However, by 1984 improper management of hazardous waste was fast becoming a national and statewide concern which prompted another attempt to establish a Cooperative Agreement through a grant and workplan agreement between Hawaii and EPA. In 1985 the state was given a grant and workplan commitments to implement a compliance and inspection, permits technical review and technical assistance program. The Cooperative Agreement was signed with the intent that the state seriously work towards delegation of the program. Municipal Solid Waste The establishment of the OSWM effectively replaced the former solid waste program, the oldest of the environmental management activities within our branch (circa 1969). However, in 2002, a new section, the Solid Waste Section, was created within SHWB to focus on the permitting, monitoring and enforcement of solid waste management facilities, while OSWM maintained the responsibility of overseeing solid waste management planning and the management of state recycling programs. Underground Storage Tanks (USTs) In 1986, Congress amended Subtitle I of RCRA and created the Leaking Underground Storage Tank Trust Fund, to be used for two purposes: To oversee remediation or clean ups by responsible parties of leaking USTs, and to pay for clean ups at sites where owner/operator is unknown, unwilling, or unable to respond, and release sites that require emergency action. The 1986 amendments also established financial responsibility requirements. Congress directed EPA to publish regulations to require UST owners and operators to demonstrate financial capacity to pay for remediation and clean up in the event of a release, and to compensate third parties for resulting damages. In 1988, EPA finalized technical and financial responsibility regulations for USTs. In Hawaii, the Hawaii State Legislature passed HRS 342L, Underground Storage Tanks, in 1989.
Hawaii State Requirements Solid Waste Hazardous Waste Underground Storage Tanks Federal Requirements Hazardous Waste Solid Waste Underground Storage Tanks
Solid and Hazardous Waste Branch
Phone: (808) 586-4226Organization
The HW Section regulates the generation, transportation, treatment, storage, and disposal of hazardous waste, as well as the collection, transportation, and processing of used oil, through the implementation of chapter 342J Hawaii Revised Statutes (HRS) and chapters 260.1 through 279.1 Hawaii Administrative Rules (HAR). State law and regulations generally follow those of the federal Subtitle C of the Resource Conservation and Recovery Act (RCRA) and 40 Code of Federal Regulations (CFR) Parts 260 through 279. Hawaii’s HW Section has obtained and maintained state program approval to implement the federal hazardous waste regulatory program since November 13, 2001.
The Solid Waste Program consists of two implementing sections, the Office of Solid Waste Management (OSWM) and the Solid Waste (SW) Section. The OSWM provides oversight on the development of state and county solid waste management plans; implements state recycling programs, such as the Deposit Beverage Container Program, the Glass Advance Disposal Fee Program, and the Hawaii Electronic Device Recycling Program; and develops waste reduction and recycling policies. The SW Section provides regulatory oversight of solid waste facilities to ensure that solid waste is stored, transferred, processed, recycled, treated, disposed or otherwise managed in a manner that is protective of human health and the environment. Solid waste management facilities may include but is not limited to transfer stations, recycling and composting facilities, remediation and treatment facilities, landfills, and waste to energy facilities. Collectively, this program operates under HRS chapters 342G, H, and I and 339D, and HAR chapters 11-58.1 and 282. State municipal solid waste landfill (MSWLF) laws and regulations generally mirror RCRA Subtitle D and 40 CFR 258. In 1994, Hawaii obtained approval from the U.S. Environmental Protection Agency to implement a MSWLF regulatory program as an approved state.
The UST Section regulates the installation, operation, and release response actions associated with USTs containing hazardous substances through the implementation of chapter 342L HRS and chapter 280.1 HAR. State law and regulations generally follow those of the RCRA Subtitle I and 40 CFR Part 280. Hawaii’s UST Section has obtained and maintained state program approval to implement the federal UST program since September 30, 2002.Historical Perspective
Passage of the Resource Conservation and Recovery Act (RCRA) in 1976 required the U.S. Environmental Protection Agency (EPA) to promulgate regulations for the proper management of hazardous waste from its “cradle to grave.” The federal regulations were promulgated in 1980 with the intent that states would accept delegation for managing an equivalent state program.
Although RCRA passed in 1976, it was not until the 1980s did corresponding federal regulations for municipal solid waste landfills develop. 40 Code of Federal Regulations (CFR) 258 was proposed in the early 1980s, published in 1988, and promulgated in October 1991. Meanwhile, the passage of the Integrated Solid Waste Management Act in 1991 in Hawaii established the Office of Solid Waste Management (OSWM) by Act 324-91, codified as Hawaii Revised Statutes (HRS) Chapter 342G. The original focus was to increase waste diversion from our landfills while ensuring that landfill owners/operators understood the pending implementation of the federal requirements under the RCRA Subtitle D, and accompanying 40 CFR Part 258, which provided increased environmental protection with the requirement of landfill liners, leachate collection systems, groundwater and gas monitoring systems, operational standards, cover systems, post-closure monitoring, and financial assurance.
In 1984, Congress responded to the increasing threat to groundwater posed by leaking USTs by adding Subtitle I to RCRA. Subtitle I required EPA to develop a comprehensive regulatory program for USTs that stored petroleum or certain hazardous substances. Congress directed EPA to create regulations to require owners and operators of new and existing USTs to prevent, detect, and clean up releases. At the same time, Congress banned the installation of unprotected steel USTs and piping beginning in 1985.Statutory and Regulatory Requirements
Hawai’i Department of Health
2827 Waimano Home Road, #100
Pearl City, Hawai’i 96782
Fax: (808) 586-7509
Email: [email protected]