No. From a regulatory perspective, ash and debris area considered ‘household waste,’ which is different from ‘hazardous waste’ designation, and can be managed at municipal solid waste landfills, such as the Central Maui Landfill, according to federal solid waste law (Resource Conservation and Recovery Act, or ‘RCRA’). Though the levels of arsenic, lead and cobalt make the ash harmful to human health (via exposure to skin or inhalation), these levels of contamination do not necessarily make the waste a ‘hazardous waste.’  A thin (1/2 – 1” thick) layer of ash will be removed along with underlying soils (up to a 6” thick layer). When this material is mixed together, it is unlikely to contain leachable levels of contaminants that would classify the material as a ‘hazardous waste’ per federal regulations.

The County of Maui is not proposing to construct a RCRA hazardous waste (Subtitle C) disposal facility.  The County is fulfilling Mayor Bisson’s request to provide the safest solid waste management facility possible.  The strictest solid waste design requirements are for hazardous waste landfills, hence Subtitle C design criteria are being used as guidance for facility design.