Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-2 - Definitions

Current through June, 2024
In addition to the definitions given in sections
					 11-270-2 and
					 11-260-10, the definitions below
					 apply to this subchapter.
"Application" means the EPA standard national forms (see
					 Appendix I of chapter 11-270) for applying for a permit. Application also
					 includes the information required by the director under sections
					 11-270-14 through
					 11-270-29 (contents of Part B of
					 the hazardous waste management permit application).
"Appropriate Act and regulations" means the federal Clean
					 Water Act (CWA); the federal Solid Waste Disposal Act, as amended by the
					 federal Resource Conservation and Recovery Act (RCRA); or the federal Safe
					 Drinking Water Act (SDWA), whichever is applicable; applicable federal
					 regulations promulgated under those statutes; HRS chapter 342J; rules
					 promulgated pursuant to HRS chapter
					 342J; HRS chapters 340E and 342D and
					 the rules promulgated thereunder.
"Department" means the Hawaii department of health.
"Director" means the director of the department of health
					 or the director's authorized representative.
"Draft permit" means a document prepared under section
					 11-271-6 indicating the director's
					 tentative decision to issue or deny, modify, revoke and reissue, terminate, or
					 reissue a
"permit." A notice of intent to terminate a permit and a
					 notice of intent to deny a permit as discussed in section
					 11-271-5, are types of "draft
					 permits." A denial of a request for modification, revocation and reissuance, or
					 termination, as discussed in section
					 11-271-5, is not a ""draft
					 permit.'' A "proposed permit" is not a "draft permit."
"Environmental Protection Agency" means the United States
					 Environmental Protection Agency.
"EPA" means the United States Environmental Protection
					 Agency.
"Facility" or "activity" means any "HWM facility" or any
					 other facility or activity (including land or appurtenances thereto) that is
					 subject to regulation under HRS chapter 342J and the rules adopted
					 thereunder.
"Major facility" means any facility or activity classified
					 as such by the Regional Administrator in conjunction with the director.
"Owner" or "operator" means owner or operator of any
					 facility or activity subject to regulation under HRS chapter 342J and the rules
					 adopted thereunder.
"Permit" means an authorization, license, or equivalent
					 control document issued by EPA or the State to implement the requirements of 40
					 CFR parts 270, 271, and 124 or chapters 11-270 and 11-271. "Permit" includes
					 "permit by rule" (section
					 11-270-60 ), and emergency permit
					 (section 11-270-61 ). Permit does not
					 include hazardous waste management interim status (section
					 11-270-70 ), or any permit which
					 has not yet been the subject of final department action, such as a "draft
					 permit" or a "proposed permit."
"Person" means any individual, partnership, firm, joint
					 stock company, association, public or private corporation, federal agency, the
					 State or any of its political subdivisions, any state and any of its political
					 subdivisions, trust, estate, interstate body, or any other legal entity.
"Regional Administrator" means the Regional Administrator
					 of the appropriate Regional Office of the Environmental Protection Agency or
					 the authorized representative of the Regional Administrator.
"Schedule of compliance" means a schedule of remedial
					 measures included in a "permit," including an enforceable sequence of interim
					 requirements (for example, actions, operations, or milestone events) leading to
					 compliance with HRS chapter 342J and the rules promulgated thereunder.
"Site" means the land or water area where any facility or
					 activity is physically located or conducted, including adjacent land used in
					 connection with the facility or activity.
"State" means the State of Hawaii.