Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-01 - Definitions

Current through June, 2024
"13 CFR" means the Code of Federal Regulations, Title 13,
				  Business Credit and Assistance, revised as of January 1, 2013 unless otherwise
				  specified.
"40 CFR" means the Code of Federal Regulations, Title 40,
				  Protection of 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 95217, Public
				  Law 95-483 and Public Law 97-117,
				  33 U.S.C.
				  1251 et. seq.
"Action threshold" means the point at which pest populations
				  or environmental conditions necessitate that pest control action be taken based
				  on economic, human health, aesthetic, or other effects. An action threshold may
				  be based on current and/or past environmental factors that are or have been
				  demonstrated to be conducive to pest emergence and/or growth, as well as past
				  and/or current pest presence. Action thresholds are those conditions that
				  indicate both the need for control actions and the proper timing of such
				  actions.
"Active ingredient" means any substance (or group of
				  structurally similar substances if specified by the United States Environmental
				  Protection Agency) that will prevent, destroy, repel or mitigate any pest, or
				  that functions as a plant regulator, desiccant, or defoliant within the meaning
				  of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 2(a).
				  (See 40 CFR 152.3) .
				  Active ingredient also means a pesticidal substance that is intended to be
				  produced and used in a living plant, or in the produce thereof, and the genetic
				  material necessary for the production of such a pesticidal substance. (See
				  40
				  CFR 174.3) .
"Administrator" means the Administrator of the U.S.
				  Environmental Protection Agency or an authorized agent.
"Adverse incident" means an unusual or unexpected incident
				  that an operator has observed upon inspection or of which the operator
				  otherwise becomes aware, in which:
(1) There is evidence that a person or nontarget organism has
				  likely been exposed to a pesticide residue; and
(2) The person or non-target organism suffered a toxic or
				  adverse effect.
The phrase "toxic or adverse effects" includes effects that
				  occur within State waters on non-target plants, fish or wildlife that are
				  unusual or unexpected (e.g., effects are to organisms not otherwise described
				  on the pesticide product label or otherwise not expected to be present) as a
				  result of exposure to a pesticide residue, and may include: distressed or dead
				  juvenile and small fishes; washed up or floating fish; fish swimming abnormally
				  or erratically; fish lying lethargically at water surface or in shallow water;
				  fish that are listless or nonresponsive to disturbance; stunting, wilting, or
				  desiccation of non-target submerged or emergent aquatic plants; other dead or
				  visibly distressed non-target aquatic organisms (amphibians, turtles,
				  invertebrates, etc.).
The phrase "toxic or adverse effects" also includes any
				  adverse effects to humans (e.g., skin rashes) or domesticated animals that
				  occur either from direct contact with or as a secondary effect from a discharge
				  (e.g., sickness from consumption of plants or animals containing pesticides) to
				  State waters that are temporally and spatially related to exposure to a
				  pesticide residue (e.g., vomiting, lethargy).
"Animal feeding operation" or "AFO" means a lot or facility
				  (other than an aquatic animal production facility) where the following
				  conditions are met:
(1) Animals (other than aquatic animals) have been, are, or
				  will be stabled or confined and fed or maintained for a total of 45 days or
				  more in any 12-month period; and
(2) Crops, vegetation, forage growth, or postharvest residues
				  are not sustained in the normal growing season over any portion of the lot or
				  facility.
"Annual treatment area threshold" means the additive area (in
				  acres) or linear distance (in miles) in a calendar year to which a
				  decision-maker is authorizing and/or performing pesticide applications in that
				  area for activities covered under Appendix M. For calculating annual treatment
				  areas for mosquitoes and other flying insect pest control and forest canopy
				  pest for comparing with any threshold in table 1 of Appendix M, count each
				  pesticide application activity to a treatment area (i.e., that area where a
				  pesticide application is intended to provide pesticidal benefits within the
				  pest management area) as a separate area treated. For example, applying
				  pesticides three times a year to the same three thousand acre site should be
				  counted as nine thousand acres of treatment area for purposes of determining if
				  such an application exceeds an annual treatment area threshold. Similarly, for
				  calculating annual treatment areas for weed and algae control and animal pest
				  control for comparing with any threshold in table 1 of Appendix M, calculations
				  should include either the linear extent of or the surface area of waters for
				  each application made to State waters or at water's edge adjacent to State
				  waters. For calculating the annual treatment area, count each treatment area as
				  a separate area treated. Also, for linear features (e.g., a canal or ditch),
				  count the length of the linear feature each time an application is made to that
				  feature during the calendar year, including counting separately applications
				  made to each bank of the water feature if pesticides are applied to both banks.
				  For example, applications four times a year to both banks of a three-mile long
				  reach of stream will count as a total of twenty four linear miles (three miles
				  * two banks * four applications per year = twenty four miles to which
				  pesticides are applied in a calendar year).
"Applicable effluent standards and limitations" means all
				  state and federal effluent standards and limitations to which a discharge is
				  subject under the Act; chapter
				  342D, HRS; and rules of the
				  department including, but not limited to, effluent limitations, standards of
				  performance, toxic effluent standards and prohibitions, and pretreatment
				  standards.
"Applicable water quality standards" means all water quality
				  standards to which a discharge is subject under the Act; chapter
				  342D, HRS; rules of the department;
				  and which have been:
(1) Approved or permitted to remain in effect by the
				  Administrator under Section 303(a) or Section 303(c) of the Act,
				  33 U.S.C. §
										1313(a) or §
									1313(c);
				  or
(2) Promulgated by the Administrator under Section 303(b) of
				  the Act,
				  33 U.S.C. §
										1313(b).
"Applicator" means any entity who performs the application of
				  a pesticide or who has day-to-day control of the application (i.e., they are
				  authorized to direct workers to carry out those activities) that results in a
				  discharge to State waters.
"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 also 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.
"Biological control agents" are organisms that can be
				  introduced to your sites, such as herbivores, predators, parasites, and
				  hyperparasites. (Source: US Fish and Wildlife Service (FWS) Integrated Pest
				  Management (IPM) Guidance, 2004)
"Biological pesticides" (also called biopesticides) include
				  microbial pesticides, biochemical pesticides and plant-incorporated protectants
				  (PIP). "Microbial pesticide" means a microbial agent intended for preventing,
				  destroying, repelling, or mitigating any pest, or intended for use as a plant
				  regulator, defoliant, or desiccant, that is a:
(1) Eucaryotic microorganism including, but not limited to,
				  protozoa, algae, and fungi;
(2) Procaryotic microorganism, including, but not limited to,
				  eubacteria and archaebacteria; or
(3) Parasitically replicating microscopic element, including
				  but not limited to, viruses. (See
				  40 CFR
				  158.2100(b)) . "Biochemical
				  pesticide" means a pesticide that is a naturally-occurring substance or
				  structurally-similar and functionally identical to a naturally-occurring
				  substance; has a history of exposure to humans and the environment
				  demonstrating minimal toxicity, or in the case of a synthetically-derived
				  biochemical pesticides, is equivalent to a naturally-occurring substance that
				  has such a history; and has a non-toxic mode of action to the target pest(s).
				  (See
				  40 CFR
				  158.2000(a)(1)) .
				  "Plant-incorporated protectant" means a pesticidal substance that is intended
				  to be produced and used in a living plant, or in the produce thereof, and the
				  genetic material necessary for production of such a pesticidal substance. It
				  also includes any inert ingredient contained in the plant, or produce thereof.
				  (See 40 CFR 174.3)
				  .
"Bypass" means the same thing as defined in
				  40
				  CFR §
										122.41(m).
"Chemical Pesticides" means all pesticides not otherwise
				  classified as biological pesticides.
"Concentrated animal feeding operation" or "CAFO" means an
				  animal feeding operation that is defined as a large CAFO or as a medium CAFO
				  under
				  40
				  CFR §
										122.23(b) (4) or
				  (6), or that is designated as an AFO in
				  accordance with
				  40
				  CFR §
										122.23(c). Two or
				  more AFOs under common ownership are considered to be a single AFO for the
				  purposes of determining the number of animals at an operation, if they adjoin
				  each other or if they use a common area or system for the disposal of
				  wastes.
"Continuous discharge" means a "discharge" which occurs
				  without interruption throughout the operating hours of the facility, except for
				  infrequent shutdowns for maintenance, process changes, or other similar
				  activities.
"Cooling water" means water used for contact or noncontact
				  cooling, including water used for equipment cooling, evaporative cooling tower
				  makeup, and dilution of effluent heat content. The intended use of the cooling
				  water is to absorb waste heat rejected from the process or processes used, or
				  from auxiliary operations on the facility's premises. Cooling water that is
				  used in a manufacturing process either before or after it is used for cooling
				  is considered process water for the purposes of calculating the percentage of a
				  facility's intake flow that is used for cooling purposes in
				  40 CFR §
										125.81(c).
"Cooling water intake structure" means the total physical
				  structure and any associated constructed waterways used to withdraw cooling
				  water from State waters. The cooling water intake structure extends from the
				  point at which water is withdrawn from the surface water source up to, and
				  including, the intake pumps.
"Cultural methods" means manipulation of the habitat to
				  increase pest mortality by making the habitat less suitable to the pest.
"Decision-maker" means any entity with control over the
				  decision to perform pesticide applications including the ability to modify
				  those decisions that result in a discharge to State waters.
"Decision-maker who is or will be required to submit an NOI"
				  means any decision-maker covered under Appendix M who knows or should have
				  known that an NOI will be required for those discharges beginning 60 calendar
				  days from when section 11-55-34.02(b)(12) becomes effective ten days after
				  filing with the office of the lieutenant governor. Excluded from this
				  definition are those activities for which an NOI is required based solely on
				  that decision-maker exceeding an annual treatment area threshold.
"Declared pest emergency situation" means the same thing as
				  defined in section
				  11-54-4(f)(l).
"Department" means the state department of health.
"Director" means the director of the department or an
				  authorized agent.
"Discharge" when used without qualification, means the
				  "discharge of a pollutant". (See
				  40
				  CFR 122.2) .
"Discharge of a pollutant" means any addition of any
				  pollutant or combination of pollutants to State waters from any point source,
				  or any addition of any pollutant or combination of pollutants to the water of
				  the contiguous zone or the ocean from any point source other than a vessel or
				  other floating craft that is being used as a means of transportation. This
				  includes additions of pollutants into State waters from: surface runoff that is
				  collected or channeled by man; or discharges through pipes, sewers, or other
				  conveyances, leading into privately owned treatment works. (Excerpted from
				  40
				  CFR 122.2) .
"Draft permit" means a document prepared under
				  40
				  CFR §
										124.6 indicating the director's
				  tentative decision to issue or modify, revoke and reissue, terminate, or
				  reissue a "permit." A notice of intent to terminate a permit as discussed in
				  40
				  CFR §
										124.5(d) and
				  defined in
				  40
				  CFR §
										124.2, and a notice of intent to
				  deny a permit as defined in
				  40
				  CFR §
										124.2 are types of "draft permit."
				  A denial of a request for modification, revocation and reissuance, or
				  termination, as discussed in 40 CFR § 124.S(b), is not a "draft
				  permit."
"Effluent" means any substance discharged into State waters
				  or publicly owned treatment works or sewerage systems, including but not
				  limited to, sewage, waste, garbage, feculent matter, offal, filth, refuse, any
				  animal, mineral, or vegetable matter or substance, and any liquid, gaseous, or
				  solid substances.
"EPA" means the U.S. Environmental Protection Agency.
"EPA approved or established total maximum daily loads
				  (TMDLs)" (EPA Approved TMDLs) means those that are developed by a state and
				  approved by EPA.
"EPA established TMDLs" are those that are issued by
				  EPA.
"Facility" or "activity" means any NPDES "point source" or
				  any facility or activity (including land or appurtenances thereto) that is
				  subject to regulation under the NPDES program.
"Federal facility" means any buildings, installations,
				  structures, land, public works, equipment, aircraft, vessels, and other
				  vehicles and property, owned, operated, or leased by, or constructed or
				  manufactured for the purpose of leasing to, the federal government.
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act.
"General permit" means an NPDES permit issued as a rule or
				  document that authorizes a category of discharges into State waters from a
				  category of sources within a geographical area.
"HRS" means the Hawaii Revised Statutes.
"Hawaiian fishponds" means the same thing as defined in
				  section 1838-1, HRS.
"Impaired water" (or "water quality impaired water" or "water
				  quality limited segment"} means waters that have been identified by the state
				  pursuant to Section 303(d) of the Clean Water Act as not meeting applicable
				  state water quality standards (these waters are called "water quality limited
				  segments" under
				  40
				  CFR 130.2(j)) . Impaired
				  waters include both waters with approved or established TMDLs, and those for
				  which a TMDL has not yet been approved or established.
"Indirect discharge" means the introduction of pollutants
				  into a publicly owned treatment works from any non-domestic source regulated
				  under Section 307 (b), (c), or (d) of the Act.
"Individual permit" means an NPDES permit, other than a
				  general permit, issued under this chapter to a specified person to conduct a
				  discharge at a specified location.
"Industrial user" means a source of indirect
				  discharge.
"Inert ingredient" means any substance (or group of
				  structurally similar substances if designated by the EPA), other than an active
				  ingredient, that is intentionally included in a pesticide product, (see
				  40
				  CFR 152.3) . Inert ingredient also means any
				  substance, such as a selectable marker, other than the active ingredient, where
				  the substance is used to confirm or ensure the presence of the active
				  ingredient, and includes the genetic material necessary for the production of
				  the substance, provided that the genetic material is intentionally introduced
				  into a living plant in addition to the active ingredient (see
				  40
				  CFR 174.3) .
"Large Entity" means any entity that is not a 'small
				  entity".
"Large municipal separate storm sewer system" means the same
				  thing as defined in
				  40
				  CFR §
										122.26(b)(4).
"Major facility" means any NPDES facility or activity
				  classified by the regional administrator in conjunction with the
				  director.
"Mechanical/physical methods" means mechanical tools or
				  physical alterations of the environment for pest prevention or removal.
"Medical waste" means isolation wastes, infectious agents,
				  human blood and blood products, pathological wastes, sharps, body parts,
				  contaminated bedding, surgical wastes and potentially contaminated laboratory
				  wastes, dialysis wastes, and additional medical items as the Administrator
				  shall prescribe by regulation.
"Medium municipal separate storm sewer system" means the same
				  thing as defined in
				  40
				  CFR §
										122.26(b)(7).
"Minimize" means to reduce and/or eliminate pollutant
				  discharges to State waters through the use of pest management measures to the
				  extent technologically available and economically practicable and
				  achievable.
"Municipal separate storm sewer" means a conveyance or system
				  of conveyances (including roads with drainage systems, municipal streets, catch
				  basins, curbs, gutters, ditches, man-made channels, or storm drains as defined
				  in
				  40
				  CFR §
										122.26(b)(8))
				  .
"Municipal separate storm sewer system" or "MS4" means all
				  separate storm sewers that are defined as "large" or "medium" or 'small"
				  municipal separate storm sewer systems under
				  40
				  CFR §
										122.26(b)(4), (b) (7), and
				  (b)(16) or that the director designates
				  consistently with
				  40
				  CFR §
										122.26(a)(l)(v).
				  A "municipal separate storm sewer system" is also known as a "municipal
				  separate storm water drainage system."
"National Pollutant Discharge Elimination System" or "NPDES"
				  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
				  Act.
"New discharger" means any building, structure, facility,
				  activity, or installation:
(1) From which there is or may be a discharge of
				  pollutants;
(2) That did not begin the discharge of pollutants at a
				  particular site before August 13, 1979;
(3) Which is not a new source; and
(4) Which has never received a finally effective NPDES permit
				  for discharges at the site.
"New source" means any building, structure, facility,
				  activity, or installation from which there is or may be a "discharge of
				  pollutants," the construction of which began:
(1) After the adoption, by the director, of rules prescribing
				  a standard of performance which will be applicable to the source; or
(2) After the publication by the Administrator of regulations
				  prescribing a standard of performance which will be applicable to the source,
				  if the standard is thereafter promulgated by the administrator, whichever
				  occurs first.
"No exposure" means that all industrial materials and
				  activities are protected by a storm resistant shelter to prevent exposure to
				  rain, snow, snowmelt, or runoff or any combination of the above. Industrial
				  materials or activities include, but are not limited to, material handling
				  equipment or activities, industrial machinery, raw materials, intermediate
				  products, by-products, final products, or waste products. Material handling
				  activities include the storage, loading and unloading, transportation, or
				  conveyance of any raw material, intermediate product, final product or waste
				  product.
"Non-target Organisms" includes the plant and animal hosts of
				  the target species, the natural enemies of the target species living in the
				  community, and other plants and animals, including vertebrates, living in or
				  near the community that are not the target of the pesticide.
"Notice of cessation" or "NOC" means a form used to notify
				  the director, within a specified time, that a discharge or activity, or phase
				  of discharge or activity has ceased. Submission of this form means that the
				  permittee is no longer authorized to discharge from the facility or project
				  under the NPDES program.
"Notice of general permit coverage" or "NGPC" means a notice
				  to the owner/operator by the department that they are authorized to discharge
				  and are covered under and must comply with the general permit.
"Notice of intent" or "NOI" means a form used to notify the
				  director, within a specified time, that a person seeks coverage under a general
				  permit.
"NPDES form" means any form provided by the Administrator or
				  director for use in obtaining or complying with the individual permit, notice
				  of general permit coverage, or conditional "no exposure" exclusion. These forms
				  include the NPDES permit applications, notice of intent forms, "no exposure"
				  certification form, NPDES discharge monitoring report form, notice of cessation
				  form, and other forms as specified by the director.
"NPDES permit" means an authorization, license, or equivalent
				  control document issued by the EPA or the director to implement the
				  requirements of 40 CFR Parts 122, 123, and 124. NPDES permit includes an NPDES
				  general permit according to
				  40
				  CFR §
										122.28 and a notice of general
				  permit coverage or NGPC, as the context requires. NPDES permit does not include
				  any permit which has not yet been the subject of final agency action, such as a
				  draft permit.
"NPDES permit application" means a form used to apply for an
				  individual permit.
"Once-through cooling water system" means a system designed
				  to withdraw water from a natural or other water source, use it at the facility
				  to support contact or noncontact or both cooling uses, and then discharge it to
				  a waterbody without recirculation. Once-through cooling systems sometimes
				  employ canals, channels, ponds, or nonrecirculating cooling towers to dissipate
				  waste heat from the water before it is discharged.
"Operator" for the purpose of Appendix M, means any entity
				  associated with the application of pesticides which results in a discharge to
				  State waters that meets either of the following two criteria:
(1) Any entity who performs the application of a pesticide or
				  who has day-to-day control of the application (i.e., they are authorized to
				  direct workers to carry out those activities; or
(2) Any entity with control over the decision to perform
				  pesticide applications including the ability to modify those decisions.
"Owner" or "operator" means the person who owns or operates
				  any "facility" or "activity" subject to regulation under the NPDES
				  program.
"Person" means the same thing as defined in section
				  342D-1, HRS.
"Permittee" means the person to whom the individual permit or
				  notice of general permit coverage is issued or the person who obtains automatic
				  general permit coverage under section 11-55-34.09(e)(2).
"Pest" means the same thing as defined in section
				  11-54-4 (f)
				  (1).
"Pest management area" means the area of land, including any
				  water, for which an operator has responsibility and is authorized to conduct
				  pest management activities as covered by Appendix M (e.g., for an operator who
				  is a mosquito control district, the pest management area is the total area of
				  the district).
"Pest management measure" means any practice used to meet the
				  effluent limitations that comply with manufacturer specifications, industry
				  standards and recommended industry practices related to the application of
				  pesticides, relevant legal requirements and other provisions that a prudent
				  Operator would implement to reduce and/or eliminate pesticide discharges to
				  State waters.
"Pesticide" means the same thing as defined in section
				  11-54-4
				  (f)(1).
"Pesticide product" means a pesticide in the particular form
				  (including composition, packaging, and labeling) in which the pesticide is, or
				  is intended to be, distributed or sold. The term includes any physical
				  apparatus used to deliver or apply the pesticide if distributed or sold with
				  the pesticide.
"Pesticide residue" includes that portion of a pesticide
				  application that is discharged from a point source to State waters and no
				  longer provides pesticidal benefits. It also includes any degradates of the
				  pesticide.
"Point source" means any discernible, confined, and discrete
				  conveyance, including but not limited to, any pipe, ditch, channel, tunnel,
				  conduit, well, discrete fissure, container, rolling stock, concentrated animal
				  feeding operation, landfill leachate collection system, vessel or other
				  floating craft from which pollutants are or may be discharged. This term does
				  not include return flows from irrigated agriculture or agricultural storm water
				  runoff, except return flows from agriculture irrigated with reclaimed water.
				  (See 40 CFR §
										122.2)
				  .
"Publicly owned treatment works" or "POTW" means any device
				  or system used in the storage, treatment, recycling, and reclamation of
				  municipal sewage or industrial wastes of a liquid nature which is owned by a
				  state or municipality. This definition includes sewers, pipes, or other
				  conveyances only if they convey wastewater to a publicly owned treatment works
				  providing treatment.
"R-1 water" means recycled water that has been oxidized,
				  filtered, and disinfected to meet the corresponding standards set in chapter
				  11-62.
"Recycled water" or "reclaimed water" means treated
				  wastewater that by design is intended or used for a beneficial purpose.
"Regional Administrator" means the regional administrator of
				  the U.S. Environmental Protection Agency Region 9 or an authorized
				  agent.
"Representative storm" means a rainfall that accumulates more
				  than 0.1 inch of rain and occurs at least seventy-two hours after the previous
				  measurable (greater than 0.1 inch) rainfall event.
"Sewage sludge" means the same thing as defined in section
				  342D-l, HRS.
"Silvicultural point source" means the same thing as defined
				  in
				  40
				  CFR §
										122.27.
"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."
"Small entity" means any:
(1) private enterprise that does not exceed the Small
				  Business Administration size standard as identified at
				  13
				  CFR 121.201, or
(2) local government that serves a population of 10,000 or
				  less.
"Small municipal separate storm sewer system" or 'small MS4"
				  means all separate storm sewers that are:
(1) Owned or operated by the United States, a state, city,
				  town, borough, county, parish, district, association, or other public body
				  (created by or under state law) having jurisdiction over disposal of sewage,
				  industrial wastes, storm water, or other wastes, including special districts
				  under state law such as a sewer district, flood control district or drainage
				  district, or similar entity, or a designated and approved management agency
				  under Section 208 of the Act that discharges to State waters;
(2) Not defined as "large" or "medium" municipal separate
				  storm sewer systems under
				  40
				  CFR §
										122.2(b)(4) and
				  (b)(7), or designated under section
				  11-55-04(a)(4) or 11-55-34.08(k)(2) or
				  40
				  CFR §
										122.26(a)(1)(v);
				  and
(3) This term includes systems similar to separate storm
				  sewer systems in municipalities, such as systems at military bases, large
				  hospital or prison complexes, and highways and other thoroughfares. The term
				  does not include separate storm sewers in very discrete areas, such as
				  individual buildings.
"Standard of performance" means a standard for the control of
				  the discharge of pollutants which reflects the greatest degree of effluent
				  reduction which the director determines to be achievable through application of
				  the best available demonstrated control technology, processes, operating
				  methods, or other alternatives, including, where practicable, a standard
				  permitting no discharge of pollutants; provided that the standard shall not be
				  less stringent than required under Section 306 of the Act,
				  33 U.S.C. §
										1316.
"State waters" means the same thing as defined in section
				  11-54-1.
"Storm water" means storm water runoff, snow melt runoff, and
				  surface runoff and drainage.
"Storm water discharge associated with industrial activity"
				  means the same thing as defined in
				  40
				  CFR §
										122.26(b)
				  (14).
"Target pest" means the organism(s) toward which pest
				  management measures are being directed.
"Total maximum daily loads (TMDLs)" is a calculation of the
				  maximum amount of a pollutant that a water body can receive and still meet
				  water quality standards, and an allocation of that amount to the pollutant's
				  sources. A TMDL includes wasteload allocations (WLAs) for point source
				  discharges; load allocations (LAs) for nonpoint sources and/or natural
				  background, and must include a margin of safety (MOS) and account for seasonal
				  variations. (See section 303(d) of the Clean Water Act and
				  40
				  CFR 130.2 and
				  130.7)
				  .
"Treatment area" means the entire area, whether over land or
				  water, where a pesticide application is intended to provide pesticidal benefits
				  within the pest management area. In some instances, the treatment area will be
				  larger than the area where pesticides are actually applied. For example, the
				  treatment area for a stationary drip treatment into a canal includes the entire
				  width and length of the canal over which the pesticide is intended to control
				  weeds. Similarly, the treatment area for a lake or marine area is the water
				  surface area where the application is intended to provide pesticidal
				  benefits.
"Treatment works" means the plant or other facility and the
				  various devices used in the treatment of wastes including the necessary
				  intercepting sewers, outfall sewers or outlets, pumping, power, and other
				  equipment.
"Treatment works treating domestic sewage" or "TWTDS" means a
				  POTW or any other sewage sludge or waste water treatment devices or systems,
				  regardless of ownership (including federal facilities), used in the storage,
				  treatment, recycling, and reclamation of municipal or domestic sewage,
				  including land dedicated for the disposal of sewage sludge. This definition
				  does not include septic tanks or similar devices. For purposes of this
				  definition, "domestic sewage" includes waste and waste water from humans or
				  household operations that are discharged to or otherwise enter a treatment
				  works.
"Upset" means the same thing as defined in
				  40
				  CFR §
										122.41(n).
"Waste" means sewage, industrial and agricultural matter, and
				  all other liquid, gaseous, or solid substance, including radioactive substance,
				  whether treated or not, which may pollute or tend to pollute State
				  waters.
"Water pollution" means the same thing as defined in section
				  342D-1, HRS.
"Water quality impaired" see "Impaired Water".
"Wetlands" means the same thing as defined in section
				  11-54-1.
The definitions of the following terms contained in Section
				  502 of the Act,
				  33
				  U.S.C. §
										1362, shall be applicable to
				  the terms as used in this part unless the context otherwise requires:
				  "biological monitoring," "contiguous zone," "discharge," "discharge of a
				  pollutant," "effluent limitations," "municipality," "navigable waters,"
				  "ocean," "pollutant," "schedule of compliance," "territorial seas," and "toxic
				  pollutant."