• Organization
• Office of Solid Waste Management
• Underground Storage Tank Section
• Hazardous Waste Program
• Historical perspective
• Statutory Requirements

To protect Hawaii's lands from pollutants that endanger people and the environment, and to rehabilitate contaminated lands. To insure the environmentally sound and economically cost effective management of all solid and hazardous waste generated within the State through the promotion of pollution prevention and waste minimization activities, the development of proactive partnerships with both generators and the regulated community and the prevention of releases or threats of releases of petroleum, hazardous substances, pollutants or contaminants into the environment through aggressive enforcement of environmental laws and regulations.

Functionally, the SHWB consists of three (3) implementing sections, one (1) support group and Program Administration. The implementing sections are organized in line with statutory authority. The support group is designed to provide administrative and technical support to the implementing sections. Generally, the major responsibilities of each section are as follows: Office of Solid Waste Management (OSWM)

Underground Storage Tank Section

Leaking Underground Storage Tank Program

Oversight LUST remediation
Site visits
Provides outreach and training
Process Request for Public Records
Regulatory and Policy development
Enforcement

Hazardous Waste Program

RCRAC

Permitting/closures/corrective action review
Inspection
Enforcement
Complaint response
Technical assistance & training
Small business assistance
Regulatory & Policy Development
Requests for Public Records/Information

Waste Minimization

Education & Outreach
Technical Assistance
Coordination with other media & branches
Inspection audits

Historical Perspective

Solid Waste Program Background

While the solid waste program is functionally the oldest of the environmental management activities within the Branch (circa 1969), it has only been since 1991, with the passage of the Integrated Solid Waste Management Act, that a formal, structured program has been in place.

In 1991 the Office of Solid Waste Management was established by Act 324-91, codified as HRS 342G. Staff of 3 + coordinator (SW Engineer Vacant)/Focus on insuring landfill owner/operators understand upcoming Subtitle D/40 CFR 258 regulations

1992: Revised Statues to be Compatible with Federal/Filled SW Engineer Position/Created SW inspector/Initiated Rule Revisions - focus on Sub D & functional standards/Hired Recycling Planner/Initiate Review of County ISWM Plans/Obtained first State P2 grant

1993: Sub D Became Effective - Focus on Landfill Repermitting/Tipping Fee Surcharge/Passed Tire Recycling Legislation/Expanded Outreach & Education/Funded County DIY Oil Recovery

1994: Glass ADF/Clean Hawaii Center

1995: Recycling Coordinator Position

Federal Mandates

RCRA passed in mid 70's/Included section on SW management (Subtitle D)/40 CFR 257, Criteria for Classification of Solid Waste Disposal Facilities and Practices, was promulgated in Sept, 1979/Minimal regulatory control - primary focus industrial & commercial disposal/MSW issues until mid 80s/Sub D (40 CFR 258) regulations proposed in early 80s/finally drafted and published in 1988/promulgated in Oct 1991

Underground Storage Tank Program (UST and LUST Federal Mandates in 1984, Congress responded to the increasing threat to groundwater posed by leaking USTs by adding Subtitle I to the Resource Conservation and Recovery Act (RCRA). Subtitle I required EPA to develop a comprehensive regulatory program for USTs storing petroleum or certain hazardous substances.

Congress directed EPA to publish regulations that would 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.

In 1986, Congress amended Subtitle I of RCRA and created the Leaking Underground Storage Tank Trust Fund, which is to be used for 2 purposes:

To oversee cleanups by responsible parties. To pay for cleanups at sites whree the owners or operator is unknown, unwilling, or unable to respond, or which require emergency action.

The 1986 amendments also established financial responsibility requirements. Congress directed EPA to publish regulations that would require UST owners and operators to demonstrate they are financially capable of cleaning up releases and compensating third parties for resulting damages.

In 1988, EPA finalized to technical and financial responsibility regulations for USTs.

Hazardous Waste Mandates

Passage of the Resource Conservation and Recovery Act in 1976 required the U.S. Environmental Protection Agency to promulgate regulations for the proper management of hazardous waste from its "cradle to grave". The federal regulations were promulgated regulations were promulgated in 1980 with the intent that states would accept delegation for managing an equivalent state program.

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.


Statutory Requirements

Federal Requirements

Resource Conservation and Recovery Act, Subtitle C 40 CFR Parts 260-279

Resource Conservation and Recovery Act, Subtitle D 40 CFR 258

Resource Conservation and Recovery Act, Subtitle IState Laws (Hawaii Revised Statutes - HRS)

HRS 342-G, Integrated Solid Waste Management
HRS 342-H, Solid Waste Pollution
HRS 342-I, Special Waste Management
HRS 342-J, Hazardous Waste
HRS 342-L, Underground Storage Tanks
HRS 342-N, Used Oil Recycling

Administrative Rules (Hawaii Administrative Rules - HAR)

HAR, Title 11, chapter 58.1, Solid Waste Management Control

A portion of HAR, Title 11, Chapter 104, Infectious Waste Management

HAR, Title 11, Chapters 260-280, Hazardous Waste Management

Solid and Hazardous Waste Branch
Hawai'i Department of Health
919 Ala Moana Boulevard #212
Honolulu, Hawai'i 96814
Phone: (808) 586-4226
Fax: (808) 586-7509