The State Department of Health is proposing the adoption of Public Health Regulations, Chapter 46 Solid Waste Management Control. A copy of the proposed regulations is enclosed,

The purpose of these regulations is to establish minimum standards governing the design, construction, installation, operation and maintenance of solid waste disposal systems. The regulations also provide a permit system which would allow for adequate control and compliance with standards.

Hearings will be held in accordance with the following schedule:

Further information regarding the hearings may be obtained by calling or writing to the Pollution Technical Review Branch, State Department of Health, P.0. Box 3378, Honolulu, Hawaii, telephone 548-6410.

If you wish to testify at the public hearing, we would appreciate your submitting twenty (20) copies of your testimony at least three (3) days before the hearing.

How to Duesenberring

WALTER B. QUISÈNBERRY, M.D.
Director of Health

Enclosure

PUBLIC HEALTH REGULATIONS

DEPARTMENT OF HEALTH, STATE OF HAWAII

PROPOSED CHAPTER 46

SOLID WASTE MANAGEMENT CONTROL

Seventh Draft 2/14/74

Under and by virtue of the provisions of Chapter 342, Hawaii Revised Statutes, and all other applicable laws, the following regulations relating to the control of solid waste management practices are hereby adopted:

Purpose

The purpose of these regulations is to establish minimum standards governing the design, construction, installation, operation and maintenance of solid waste disposal systems. Such standards are intended to:

a. prevent pollution of the drinking water supply or waters of the State; prevent air pollution;

b.

c.

prevent the spread of disease and the creation of nuisances;

f. preserve and enhance the beauty and quality of the environment.

Section 1.

a.

DEFINITIONS

"Baling" means the mechanical process of compression and binding of
solid waste materials into bales.

b. "Department" means the Department of Health of the State of Hawaii.

C.

"Director" means the Director of Health of the State of Hawaii or his duly authorized agent, officer or inspector.

This

d. "Encapsulate" means to seal a pesticide, and its container if appropriate,
in an impervious container made of plastic, glass or other suitable
material which will not be chemically degraded by the contents.
container then should be sealed within a durable container made from
steel, plastic, concrete or other suitable material of sufficient
thickness and strength to resist physical damage during and subsequent
to burial.

e.

"Farm" means any plot of land used for the production of crops,
livestock or horticultural products.

40-687 O 74 pt. 3 48

f.

g.

"Farm Products Processing Facility" means a facility which receives and processes farm products, excluding livestock and dairy products.

"Hazardous Waste" means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature, or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects.

h. "Incineration" means the destruction of solid waste by burning in a furnace designed for the purpose wherein solid waste is essentially reduced to ash, carbon dioxide and water vapor.

i. "Incinerator" means an engineered combustion device specifically designed for volume reduction, by controlled burning, of combustible solid waste. j. "Landfill" means a land area used for the disposal of solid waste. k. "Leachate" means water that has percolated through solid waste and contains dissolved or suspended portions from the solid waste.

1. "Lift" means a compacted layer of solid waste and its overlying earth cover in a landfill.

m.

"Milling" means the mechanical process of material size reduction by grinding, crushing, chipping or shredding.

n. "Permit" means a written authorization issued by the Department, bearing the signature of the Director or his authorized representative, which by its conditions may authorize the permittee to construct, install, modify or operate specified facilities, conduct specified activities or engage in the management of solid waste in accordance with specified limitations.

0.

"Person" means any individual corporation, partnership, firm, association trust, estate, public or private institution, group, agency, political subdivision/or agency thereof or any legal successor, representative, agency of the foregoing.

P. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

q. "Pesticide Incinerator" means any installation capable of the controlled

combustion of pesticides, at a temperature of 1000° C (1832° F) for two seconds dwell time in the combustion zone, or lower temperatures and

related dwell times that will assure complete conversion of the specific pesticide to inorganic gases and solid ash residue.

r. "Public Litter Receptacle" means a container provided for the public, as

S.

t.

u.

v.

a convenience, for the sanitary placement of solid waste.

"Reclamation Facility" means a facility in which solid waste is stored, dismantled or reprocessed into new products in such a manner that the original products lose their identity.

"Salvaging" means the authorized removal of material from a solid waste disposal facility.

"Scavenging" means the unauthorized removal of material from a solid waste disposal facility.

"Shredding" means the mechanical process of material size reduction by cutting.

W. "Solid Waste" means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities, but does not include solid or dissolved material in domestic sewage or other substances in water sources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants. This definition is also intended to include liquid waste materials such as waste oil, pesticide, paints, solvents and hazardous waste.

X.

y.

"Solid Waste Disposal Facility" means an intermediate disposal facility, transfer station, landfill, incinerator, composting plant, recyelim!

or reclamation facility or any site utilized for the reduction, consolidation, conversion, processing or disposal of solid waste.

"Solid Waste Disposal System" means the entire process or part thereof the storage, collection, transportation, processing and disposal of solid waste by any person engaging in such a process as a business or by any municipality, authority, county or any combination thereof.