Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-81 - Definitions

Current through June, 2024
The following definitions apply to this subchapter.
(a) "Competent authorities" means the
				  regulatory authorities of concerned countries having jurisdiction over
				  transfrontier movements of wastes destined for recovery operations.
(b) "Concerned countries" means the exporting
				  and importing OECD member countries and any OECD member countries of
				  transit.
(c) "Consignee" means the
				  person to whom possession or other form of legal control of the waste is
				  assigned at the time the waste is received in the importing country.
(d) "Country of transit" means any designated
				  OECD country in sections 11-262-58(a)(1) and (a)(2) other than the exporting or
				  importing country across which a transfrontier movement of wastes is planned or
				  takes place.
(e) "Exporting
				  country" means any designated OECD member country in section 11-262-58(a)(1)
				  from which a transfrontier movement of wastes is planned or has
				  commenced.
(f) "Importing country"
				  means any designated OECD country in section 11-262-58(a)(1) to which a
				  transfrontier movement of wastes is planned or takes place for the purpose of
				  submitting the wastes to recovery operations therein.
(g) "Notifier" means the person under the
				  jurisdiction of the exporting country who has, or will have at the time the
				  planned transfrontier movement commences, possession or other forms of legal
				  control of the wastes and who proposes their transfrontier movement for the
				  ultimate purpose of submitting them to recovery operations. When the United
				  States (U.S.) is the exporting country, notifier is interpreted to mean a
				  person domiciled in the U.S.
(h)
				  "OECD area" means all land or marine areas under the national jurisdiction of
				  any designated OECD member country in section 11-262-58. When the regulations
				  refer to shipments to or from an OECD country, this means OECD area.
(i) "Recognized trader" means a person who,
				  with appropriate authorization of concerned countries, acts in the role of
				  principal to purchase and subsequently sell wastes; this person has legal
				  control of such wastes from time of purchase to time of sale; such a person may
				  act to arrange and facilitate transfrontier movements of wastes destined for
				  recovery operations.
(j) "Recovery
				  facility" means an entity which, under applicable domestic law, is operating or
				  is authorized to operate in the importing country to receive wastes and to
				  perform recovery operations on them.
(k) "Recovery operations" means activities
				  leading to resource recovery, recycling, reclamation, direct re-use or
				  alternative uses as listed in Table 2.B of the Annex of OECD Council Decision
				  C(88)90(Final) of 27 May 1988, (available from the United States Environmental
				  Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway,
				  first floor, Arlington, VA 22203 (Docket #F-94-IEHF-FFFFF) and the Organisation
				  for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre
				  Pascal, 75775 Paris Cedex 16, France) which include:
R1 Use as a fuel (other than in direct incineration) or
					 other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are
					 not used as solvents
R4 Recycling/reclamation of metals and metal
					 compounds
R5 Recycling/reclamation of other inorganic
					 materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution
					 control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used
					 oil
R10 Land treatment resulting in benefit to agriculture or
					 ecological improvement
R11 Uses of residual materials obtained from any of the
					 operations numbered R1-R10
R12 Exchange of wastes for submission to any of the
					 operations numbered R1-R11
R13 Accumulation of material intended for any operation in
					 Table 2.B
(l)
				  "Transfrontier movement" means any shipment of wastes destined for recovery
				  operations from an area under the national jurisdiction of one OECD member
				  country to an area under the national jurisdiction of another OECD member
				  country.