Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-1 - Definitions

Current through June, 2024
As used in this chapter:
"33 CFR" means the Code of Federal Regulations, Title 33,
				  Navigation and Navigable Waters, revised as of July 1, 2018, unless otherwise
				  specified.
"40 CFR" means the Code of Federal Regulations, Title 40,
				  Protection of the Environment, revised as of July 1, 2018, unless otherwise
				  specified.
"Act" means the Clean Water Act (formerly referred to as the
				  Federal Water Pollution Control Act or Federal Water Pollution Control Act
				  Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217, Public
				  Law 95-483 and Public Law 97-117,
				  33 U.S.C. section
				  1251 et. seq.
"Activity" means any activity or project that may result in a
				  water pollutant discharge and that requires a certification.
"Applicant" means the owner or operator, as applicable, who
				  requests a certification from the director by applying in accordance with this
				  chapter.
"Application" means any forms provided by the department for
				  use in obtaining the certification.
"Best management practices" or "BMPs" means schedules of
				  activities, prohibitions or designations of practices, maintenance procedures,
				  and other management practices to prevent or reduce the pollution of state
				  waters. Best management practices include treatment requirements, operating
				  procedures, and practices to control plant site runoff, spillage or leaks,
				  sludge or waste disposal, or drainage from raw material storage. Best
				  management practices also include methods, measures, or practices to meet
				  nonpoint source pollution control needs, and structural and nonstructural
				  controls. BMPs can be applied before, during, and after pollution-producing
				  activities to reduce or eliminate the introduction of pollutants into receiving
				  state waters.
"Blanket section 401 WQC" is a certification issued to the
				  U.S. Army Corps of Engineers, Honolulu District, for the purpose of certifying
				  regional or nationwide permits, in accordance with 33 CFR Parts 325 and
				  330.
"Certification" or "WQC" means a statement which asserts that
				  a proposed discharge resulting from an activity or facility will not violate
				  applicable water quality standards and the applicable provisions of sections
				  301, 302, 303, 306 and 307 of the Act.
"Certifying person" is a person described in section
				  11-55-07(a).
"Department" means state department of health.
"Director" means the director of health or any person to whom
				  the director has legally delegated such power and authority vested in the
				  director in chapter
				  342D, HRS.
"Discharge" means the same thing as defined in section
				  502(16) of the Act.
"Discharge of a pollutant" means the same thing as defined in
				  section 502(12) of the Act.
"Existing uses" means those uses actually attained in the
				  water body on or after November 28, 1975 whether or not they are included in
				  the water quality standards.
"Facility" means any facility that may result in a water
				  pollutant discharge and that requires a certification.
"License or permit" means any permit, certificate, approval,
				  registration, charter, membership, statutory exemption, or other form of
				  permission granted by an agency of the federal government to conduct any
				  activity which may result in any discharge.
"Licensing or permitting agency" means any agency of the
				  federal government to which a federal application is made for a license or
				  permit.
"Owner" or "operator" means the person who owns or operates
				  any facility or activity that requires a certification.
"Pollutant" means the same thing as defined in section 502(6)
				  of the Act.
"Pre-approved SOP" means standard operating procedures
				  pre-approved by the department for use in activities.
"State waters" means the same thing as defined in section
				  342D-1, HRS.
"Water pollutant" means the same thing as defined in section
				  502(12) of the Act.
"Water quality standards" means state-adopted and U.S.
				  Environmental Protection Agency-approved water quality standards in chapter
				  11-54.