Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart A - General Information › Section 11-270.2 - Definitions

Current through June, 2024
The following definitions apply to this chapter and
						chapter 11-271.1. Terms not defined in this section have the meaning given by
						RCRA.
Administrator
means the Administrator of
						the United States Environmental Protection Agency, or an authorized
						representative.
Application
means the current EPA
						standard national forms for applying for a permit. Application also includes
						the information required by the director under
						40 C.F.R. sections
						270.14 to
						270.29, as
						incorporated and amended in this chapter.
Approved program
or
approved
						State
means a State which has been approved or authorized by EPA under
						part 271.
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 40 CFR part
						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 part 264 subpart S, for the purpose of implementing corrective
						action requirements under § 264.101 and RCRA section 3008(h). 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 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
						Hawaii 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 § 124.6 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 § 124.5, are types of draft permits. A denial of a request
						for modification, revocation and reissuance, or termination, as discussed in
						§ 124.5 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 § 261.22 of this
						chapter, or are listed in subpart D of part 261 of this chapter only for this
						reason; and
(b) Meets the definition of tank, tank system, container,
						transport vehicle, or vessel in § 260.10 of this chapter.
Emergency permit
means a RCRA permit
						issued in accordance with § 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 (HWM)
						facility
or
existing facility
means a facility which
						was in operation or for which construction commenced on or before:
(1) November 19, 1980; or
(2) The effective date of statutory or regulatory changes
						made under RCRA prior to June 18, 1994 that made the facility subject to the
						requirement to have an RCRA permit; or
(3) The effective date of statutory or regulatory changes
						made under chapter
						342J, HRS, after June 18, 1994 that
						made the facility subject to the requirement to have a permit under section
						342J-30(a),
						HRS.
A facility has commenced construction if:
(a) The owner or operator has obtained the Federal, State
						and local 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 state department of health in accordance with
						40 CFR
						124.10(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 chapter
						342J, HRS, and chapters
						11-260.1 to 11-279.1.
Federal, State and local approvals or permits
						necessary to begin physical construction
means permits and approvals
						required under Federal, State or county hazardous waste control statutes,
						regulations 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 40 CFR part 261 .
Ground water
means water below the land
						surface in a zone of saturation.
Hazardous waste
means a hazardous waste
						as defined in
						40 CFR
						261.3.
Hazardous Waste Management facility (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).
HWM facility
means Hazardous Waste
						Management facility.
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 subpart B of 40 CFR part 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 CWA. The term includes an approved program.
NPDES
means National Pollutant Discharge
						Elimination System.
New HWM facility
means a Hazardous Waste
						Management facility which is not included in the definition of an 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 RCRA.
Permit
means an authorization, license,
						or equivalent control document issued by EPA to implement the requirements of
						40 C.F.R. parts 124, 270, and 271 or by the State to implement the requirements
						of chapters
						11-270.1 and 11-271.1. Permit includes
						permit by rule (40 C.F.R. section
						270.60) and emergency permit (40 C.F.R.
						section 270. 61). Permit does not include hazardous waste management interim
						status ( 40 C.F.R. part 270 , subpart G), 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 RCRA
						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.
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 (POTW)
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 a State or municipality. This definition includes sewers, pipes, or
						other conveyances only if they convey wastewater to a POTW providing
						treatment.
RCRA
means the Solid Waste Disposal Act
						as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L.
						94-580, as amended by Pub. L. 95609 and Pub. L. 96-482,
						42 U.S.C.
						6901 et seq.)
Regional Administrator
means the
						Regional Administrator of the appropriate Regional Office of the Environmental
						Protection Agency or the authorized representative of the Regional
						Administrator.
Remedial Action Plan (RAP)
means a
						special form of state hazardous waste permit or EPA-issued RCRA permit that a
						facility owner or operator may obtain instead of a permit issued under
						§§ 270.3 through 270.66, to authorize the treatment, storage or
						disposal of hazardous remediation waste (as defined in § 260.10 of this
						chapter) at a remediation waste management site.
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 chapter
						342J, HRS, and chapters
						11-260.1 to 11-279.1.
SDWA
means the 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/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 Safe Drinking Water Act, including an
						approved program.
Underground injection
means a well
						injection.
Underground source of drinking water
						(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 10,000 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 Clean Water
						Act; and
(b) Receives and treats or stores an influent wastewater
						which is a hazardous waste as defined in § 261.3 of this chapter, or
						generates and accumulates a wastewater treatment sludge which is a hazardous
						waste as defined in § 261.3 of this chapter, or treats or stores a
						wastewater treatment sludge which is a hazardous waste as defined in §
						261.3 of this chapter; and
(c) Meets the definition of tank or tank system in §
						260.10 of this chapter.