Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 11-270-2 - Definitions

Current through June, 2024
The following definitions apply to chapters 11-270 and
					 11-271. Terms not defined in this section have the meaning given by HRS chapter
					 342J and chapter 11-260 of the Hawaii Administrative Rules.
"Administrator" means the Administrator of the United
					 States Environmental Protection Agency, or an authorized representative.
"Any state" means any of the fifty states, the District of
					 Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American
					 Samoa, and the Commonwealth of the Northern Mariana Islands.
"Application" means the EPA standard national forms for
					 applying for a permit (see Appendix I). 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).
"Aquifer" means a geological formation, group of
					 formations, or part of a formation that is capable of yielding a significant
					 amount of water to a well or spring.
"Closure" means the act of securing a Hazardous Waste
					 Management facility pursuant to the requirements of chapter 11-264.
"Component" means any constituent part of a unit or any
					 group of constituent parts of a unit which are assembled to perform a specific
					 function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective action management unit" or "CAMU" means an
					 area within a facility that is designated by the director under chapter 11-264
					 subchapter S, for the purpose of implementing corrective action requirements
					 under section
					 11-264-101 and HRS section
					 342J-36.
					 A CAMU shall only be used for the management of remediation wastes pursuant to
					 implementing such corrective action requirements at the facility.
"CWA" means the federal Clean Water Act (formerly referred
					 to as the Federal Water Pollution Control Act or Federal Water Pollution
					 Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217
					 and Pub. L. 95-576;
					 33 U.S.C.
					 1251 et seq.
"Director" means the director of the department of
					 health.
"Disposal" means the discharge, deposit, injection,
					 dumping, spilling, leaking, or placing of any hazardous waste into or on any
					 land or water so that such hazardous waste or any constituent thereof may enter
					 the environment or be emitted into the air or discharged into any waters,
					 including ground water.
"Disposal facility" means a facility or part of a facility
					 at which hazardous waste is intentionally placed into or on the land or water,
					 and at which hazardous waste will remain after closure. The term disposal
					 facility does not include a corrective action management unit into which
					 remediation wastes are placed.
"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.
"Elementary neutralization unit" means a device
					 which:
(a) Is used for neutralizing wastes only because they
					 exhibit the corrosivity characteristic defined in section
					 11-261-22, or are listed in
					 subchapter D of chapter 11-261 only for this reason; and
(b) Meets the definition of tank, tank system, container,
					 transport vehicle, or vessel in section
					 11-260-10.
"Emergency permit" means a hazardous waste management
					 permit issued in accordance with section
					 11-270-61.
"Environmental Protection Agency (EPA)" means the United
					 States Environmental Protection Agency.
"EPA" means the United States Environmental Protection
					 Agency.
"Existing hazardous waste management facility" or
					 "existing facility" means a facility which: was in operation or for which
					 construction commenced on or before November 19, 1980, or was in operation or
					 for which construction commenced on or before the effective date of statutory
					 or rule changes under RCRA that were made prior to the effective date of the
					 first rules adopted under HRS chapter 342J, and that rendered the facility
					 subject to the requirement to have a RCRA permit, or is in operation or for
					 which construction has begun on or before the effective date of statutory or
					 rule changes under HRS chapter
					 342J that are made after the
					 effective date of the first rules adopted under HRS chapter 342J and that
					 render the facility subject to the requirement to have a permit under HRS
					 section
					 342J-30. A facility
					 has commenced construction if:
(a) The owner or operator has obtained the federal, State
					 and County approvals or permits necessary to begin physical construction; and
					 either
(b)
(1) A continuous on-site, physical construction program has
					 begun; or
(2) The owner or operator has entered into contractual
					 obligations which cannot be cancelled or modified without substantial loss -
					 for physical construction of the facility to be completed within a reasonable
					 time.
"Facility mailing list" means the mailing list for a
					 facility maintained by the department in accordance with section
					 11-271-10(c)(1)(ix).
"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.
"Federal, State and County approvals or permits necessary
					 to begin physical construction" means permits and approvals required under
					 Federal, State, or County hazardous waste control statutes, regulations, rules
					 or ordinances.
"Functionally equivalent component" means a component
					 which performs the same function or measurement and which meets or exceeds the
					 performance specifications of another component.
"Generator" means any person, by site location, whose act,
					 or process produces ''hazardous waste'' identified or listed in chapter
					 11-261.
"Ground water" means water below the land surface in a
					 zone of saturation.
"HWM facility" means a hazardous waste management
					 facility.
"Hazardous waste" means a hazardous waste as defined in
					 section 11-261-3.
"Hazardous waste management facility" or "HWM facility"
					 means all contiguous land, and structures, other appurtenances, and
					 improvements on the land, used for treating, storing, or disposing of hazardous
					 waste. A facility may consist of several treatment, storage, or disposal
					 operational units (for example,
one or more landfills, surface impoundments, or
					 combinations of them).
"Hazardous waste management permit" means a permit
					 required under HRS section
					 342J-30(a).
"Injection well" means a well into which fluids are being
					 injected.
"In operation" means a facility which is treating,
					 storing, or disposing of hazardous waste.
"Major facility" means any facility or activity classified
					 as such by the Regional Administrator in conjunction with the director.
"Manifest" means the shipping document originated and
					 signed by the generator which contains the information required by subchapter B
					 of chapter
					 11-262.
"National Pollutant Discharge Elimination System" means
					 the national program for issuing, modifying, revoking and reissuing,
					 terminating, monitoring and enforcing permits, and imposing and enforcing
					 pretreatment requirements, under sections 307, 402, 318, and 405 of the federal
					 CWA. The term includes an approved program.
"NPDES" means National Pollutant Discharge Elimination
					 System.
"New HWM facility" means a hazardous waste management
					 facility which began operation or for which construction commenced after
					 November 19, 1980, and which is not included in the definition of "existing
					 facility". (See also "existing hazardous waste management facility").
"Off-site" means any site which is not on-site.
"On-site" means on the same or geographically contiguous
					 property which may be divided by public or private right(s)-of-way, provided
					 the entrance and exit between the properties is at a cross-roads intersection,
					 and access is by crossing as opposed to going along, the right(s)-of-way.
					 Non-contiguous properties owned by the same person but connected by a
					 right-of-way which the person controls and to which the public does not have
					 access, is also considered on-site property.
"Owner or operator" means the 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 (subchapter G of this
					 chapter), or any permit which has not yet been the subject of final EPA or
					 department action, such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these regulations
					 stating that a facility or activity is deemed to have a hazardous waste
					 management permit if it meets the requirements of the provision.
"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, or an
					 agent or employee thereof.
"Physical construction" means excavation, movement of
					 earth, erection of forms or structures, or similar activity to prepare an HWM
					 facility to accept hazardous waste.
"POTW" means publicly owned treatment works.
"Publicly owned treatment works" means any device or
					 system used in the treatment (including recycling and reclamation) of municipal
					 sewage or industrial wastes of a liquid nature which is owned by the State or a
					 county. This definition includes sewers, pipes, or other conveyances only if
					 they convey wastewater to a POTW providing treatment.
"RCRA" means the federal Solid Waste Disposal Act as
					 amended by the Resource Conservation and Recovery Act of 1976, as amended by
					 the Hazard and Solid Waste Amendments of 1984 ( Pub. L. 94-580, as amended by
					 Pub. L. 95-609 and Pub. L. 96-482,
					 42 U.S.C.
					 6901 et seq. (1984)).
"Regional Administrator" means the Regional Administrator
					 of the appropriate Regional Office of the Environmental Protection Agency or
					 the authorized representative of the Regional Administrator.
"SIC code" means standard industrial classification
					 code.
"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 adopted thereunder.
"SDWA" means the federal Safe Drinking Water Act ( Pub. L.
					 95-523, as amended by Pub. L. 95-1900;
					 42 U.S.C.
					 3001 et seq.).
"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.
"State/EPA Agreement" means an agreement between the
					 Regional Administrator and the State which coordinates EPA and State
					 activities, responsibilities and programs.
"Storage" means the holding of hazardous waste for a
					 temporary period, at the end of which the hazardous waste is treated, disposed,
					 or stored elsewhere.
"Transfer facility" means any transportation-related
					 facility including loading docks, parking areas, storage areas and other
					 similar areas where shipments of hazardous waste are held during the normal
					 course of transportation.
"Transporter" means a person engaged in the off-site
					 transportation of hazardous waste by air, rail, highway or water.
"Treatment" means any method, technique, or process,
					 including neutralization, designed to change the physical, chemical, or
					 biological character or composition of any hazardous waste so as to neutralize
					 such wastes, or so as to recover energy or material resources from the waste,
					 or so as to render such waste non-hazardous, or less hazardous; safer to
					 transport, store, or dispose of; or amenable for recovery, amenable for
					 storage, or reduced in volume.
"UIC" means the Underground Injection Control Program
					 under Part C of the federal Safe Drinking Water Act, including an approved
					 program.
"Underground injection" means a well injection.
					 "Underground source of drinking water" or "USDW" means an aquifer or its
					 portion:
(a)
(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water to
					 supply a public water system; and
(i) Currently supplies drinking water for human
					 consumption; or
(ii) Contains fewer than ten-thousand mg/l total dissolved
					 solids; and
(b) Which is not an exempted aquifer. "USDW" means
					 underground source of drinking water. "Wastewater treatment unit" means a
					 device which:
(a) Is part of a wastewater treatment facility which is
					 subject to regulation under either section 402 or 307(b) of the federal Clean
					 Water Act; and
(b) Receives and treats or stores an influent wastewater
					 which is a hazardous waste as defined in section
					 11-261-3, or generates and
					 accumulates a wastewater treatment sludge which is a hazardous waste as defined
					 in section
					 11-261-3, or treats or stores a
					 wastewater treatment sludge which is a hazardous waste as defined in section
					 11-261-3; and
(c) Meets the definition of tank or tank system in section
					 11-260-10.