Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-1 - Definitions

Current through June, 2024
As used in this chapter:
"Ambient conditions" means the water quality conditions that
				  would occur in the receiving waters if these waters were not influenced by the
				  proposed new human activity.
"Amphidromous" means aquatic life that migrate to and from
				  the sea, but not specifically for reproductive purposes. Amphidromous aquatic
				  life in Hawaiian streams are confined to fresh waters as adults, but their
				  larval stages are partially or entirely spent in the ocean as part of the
				  zooplankton.
"Anchialine pools" means coastal bodies of standing waters
				  that have no surface connections to the ocean but display both tidal
				  fluctuations and salinity ranges characteristic of fresh and brackish waters,
				  indicating the presence of subsurface connections to the watertable and ocean.
				  Anchialine pools are located in porous substrata (recent lava or limestone) and
				  often contain a distinctive assemblage of native aquatic life. Deeper
				  anchialine pools may display salinity stratification, and some shallow pools
				  may contain standing water only on the highest tides.
"Aquatic life" means "any type or species of mammal, fish,
				  amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or
				  other animal that inhabits the freshwater or marine environment and includes
				  any part, product, egg, or offspring thereof; or freshwater or marine plants,
				  including, seeds, roots, products, and other parts thereof" (section
				  187A-1, HRS).
"Best degree of treatment or control" means that treatment
				  or control which is required by applicable statutes and regulations of the
				  State of Hawaii and the Federal Water Pollution Control Act, as amended, (
				  33 U.S.C.
				  §1251, et seq.) or which is otherwise
				  specified by the director considering technology or management practices
				  currently available in relation to the public interest.
"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. BMPs
				  include methods, measures or practices selected by the department to meet
				  nonpoint source pollution control needs. BMPs also include but are not limited
				  to 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.
"Brackish waters" means waters with dissolved inorganic ion
				  concentrations (salinity) greater than 0.5 parts per thousand, but less than
				  thirty-two parts per thousand.
"Coastal waters" means "all waters surrounding the islands
				  of the State from the coast of any island to a point three miles seaward from
				  the coast, and, in the case of streams, rivers, and drainage ditches, to a
				  point three miles seaward from their point of discharge into the sea and
				  includes those brackish waters, fresh waters and salt waters that are subject
				  to the ebb and flow of the tide" (section
				  342D-1, HRS) .
"Coastal wetlands" means natural or man-made ponds and
				  marshes having variable salinity, basin limits, and permanence. These wetlands
				  usually adjoin the coastline and may be subject to tidal, seasonal, or
				  perennial flooding. Coastal wetlands are generally maintained by surface and
				  subterranean sources of fresh and salt water. Many natural coastal wetlands
				  have been modified significantly by man and are characterized by introduced
				  aquatic life. Coastal wetlands include, but are not limited to, salt marshes,
				  open ponds, mudflats, man-made or natural waterbird refuges, isolated seasonal
				  lakes and mangrove flats.
"Department" means department of health, State of
				  Hawaii.
"Developed estuaries" means volumes of brackish coastal
				  waters in well-defined basins constructed by man or otherwise highly modified
				  from their natural state. Developed estuaries include, but are not limited to,
				  dredged and revetted stream termini.
"Director" means the director of health, State of Hawaii, or
				  the director's duly authorized agent.
"Discharge" means the discharge of a water pollutant.
"Ditches and flumes" means fresh waters flowing continuously
				  in artificial channels. They are used mainly for the purpose of irrigation and
				  usually receive water from stream diversions. Ditches and flumes may be
				  inflowing (carry water to reservoirs or user areas) or outflowing (drain water
				  from reservoirs or user areas).
"Drainage basin" or "watershed" means the region or area
				  drained by a stream or river system.
"Drainage ditch" means that facility used to carry storm
				  runoff only, not sanitary sewage.
"Elevated wetlands" means natural freshwater wetlands
				  located above 100 m (330 ft) elevation. They are generally found in undisturbed
				  areas, mainly in remote uplands and forest reserves with high rainfall.
				  Elevated wetlands include upland bogs, marshes, swamps, and associated ponds
				  and pools.
"Estuaries" means characteristically brackish coastal waters
				  in well-defined basins with a continuous or seasonal surface connection to the
				  ocean that allows entry of marine fauna. Estuaries may be either natural or
				  developed.
"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.
"Flowing springs and seeps" means perennial, relatively
				  constant fresh water flows not in distinct channels, in which the water
				  emanates from elevated aquifers as wet films or trickles over rock surfaces.
				  They are found typically as natural occurrences along rock faces or banks of
				  deeply incised streams, and artificially along road cuts.
"Flowing waters" means fresh waters flowing unidirectionally
				  down altitudinal gradients. These waters may or may not be confined in distinct
				  channels. Flowing waters include streams, flowing springs and seeps and ditches
				  and flumes.
"Fresh waters" means all waters with a dissolved inorganic
				  ion concentration of less than 0.5 parts per thousand.
"Hydric soil" means soil that, in its undrained condition,
				  is saturated, flooded, or ponded and develops conditions that favor the growth
				  and regeneration of hydrophytic vegetation.
"Hydrophytic vegetation" or "hydrophytes" means plants
				  adapted to growing in seasonally or permanently flooded conditions.
"Intermittent streams" means fresh waters flowing in
				  definite natural channels only during part of the year or season. Intermittent
				  streams include many tributaries of perennial streams.
"Introduced aquatic life" means those species of aquatic
				  organisms that are not native to a given area or water body and whose
				  populations were established (deliberately or accidentally) by human activity.
				  "Introduced" organisms are also referred to as "alien" or "exotic".
"Low wetlands" means freshwater wetlands located below 100 m
				  (330 ft) elevation that may be natural or artificial in origin and are usually
				  found near coasts or in valley termini. Low wetlands are maintained by either
				  stream, well, or ditch influent water, or by exposure of the natural water
				  table. Low wetlands include, but are not limited to, natural lowland marshes,
				  riparian wetlands, littoral zones of standing waters (including lakes,
				  reservoirs, ponds and fishponds) and agricultural wetlands such as taro
				  lo'i.
"Native aquatic life" means those species or higher taxa of
				  aquatic organisms that occur naturally in a given area or water body and whose
				  populations were not established as a result of human activity.
"Natural estuaries" means volumes of brackish coastal waters
				  in well-defined basins of natural origin, found mainly at the mouths of streams
				  or rivers. Natural estuaries can be either stream-fed (drowned stream mouths
				  fed by perennial stream runoff) or spring-fed (nearshore basins with
				  subterranean fresh water sources). Stream-fed estuaries serve as important
				  migratory pathways for larval and juvenile amphidromous stream fauna.
"Natural freshwater lakes" means standing water that is
				  always fresh, in well-defined natural basins, with a surface area usually
				  greater than 0.1 ha (0.25 acres), and in which rooted emergent hydrophytes, if
				  present, occupy no more than thirty per cent of the surface area. Natural
				  freshwater lakes in Hawaii occur at high, intermediate, and low elevations.
				  Lowland freshwater lakes characteristically lack a natural oceanic connection
				  (surface or subsurface) of a magnitude sufficient to cause demonstrable tidal
				  fluctuations.
"Nonpoint source pollution" has the meaning defined in
				  section
				  342E-1, HRS.
"Perennial streams" means fresh waters flowing year-round in
				  all or part of natural channels, portions of which may be modified by humans.
				  Flow in perennial streams may vary seasonally. Perennial streams may be
				  subdivided into longitudinal zones, based on elevation and gradient:
(1) Headwater zone (elevation above 800 m (2600 ft) or
				  gradient above 30 per cent or both);
(2) Mid-zone (elevation between 50-800 m (165-2600 ft), or
				  gradient between 5 and 30 per cent or both); and
(3) Terminal zone (elevation below 50 m (165 ft) or gradient
				  below 5 per cent or both).
Perennial streams may be either continuous or interrupted.
				  Continuous perennial streams discharge continuously to the ocean in their
				  natural state, and contain water in the entire length of the stream channel
				  year-round. Interrupted perennial streams usually flow perennially in their
				  upper reaches but only seasonally in parts of their middle or lower reaches,
				  due to either downward seepage of surface flow (naturally interrupted) or to
				  man-made water diversions (artificially interrupted).
"Person" has the same meaning as defined in section
				  342D-1, HRS.
"Point source" has the same meaning as defined in section
				  11-55-01.
"Pollution" means "water pollution" as defined in section
				  342D-1, HRS.
"Reservoirs" means standing water that is always fresh, in
				  well-defined artificially created impoundments.
"Saline or salt waters" means waters with dissolved
				  inorganic ion concentrations greater than thirty-two parts per thousand.
"Saline lakes" means standing waters of salinities ranging
				  from brackish to hypersaline, located in well-defined natural basins, and
				  lacking a natural surface connection to the ocean. Saline lakes may be present
				  as high-island shoreline or near-shoreline features (e.g. Lake Nomilu, Kauai;
				  Salt Lake, Oahu; Lake Kauhako, Molokai) or as low-island closed lagoons (Lake
				  Laysan, Laysan). They are usually, but not always, fed by seawater seepage and
				  may be diluted by rainwater, overland runoff, or ground water, or concentrated
				  by evaporation.
"Schedule of compliance" means a schedule of remedial
				  measures including an enforceable sequence of actions or operations leading to
				  compliance with an effluent limitation, other limitation, prohibition, or
				  standard.
"Springs and seeps" means small, perennial, relatively
				  constant freshwater flow not in distinct channels, such as wet films or
				  trickles over rock surfaces, in which the water emanates from elevated
				  aquifers. Springs and seeps may be either stream associated, occurring in
				  deeply cut valleys and contributing to stream flow; or coastal, occurring on
				  coastal cliffs and usually flowing into the ocean.
"Standing waters" refers to waters of variable size, depth,
				  and salinity, that have little or no flow and that are usually contained in
				  well-defined basins. Standing water bodies include natural freshwater lakes,
				  reservoirs or impoundments, saline lakes, and anchialine pools.
"State waters", as defined by section
				  342D-1, HRS, means
				  all waters, fresh, brackish, or salt around and within the State, including,
				  but not limited to, coastal waters, streams, rivers, drainage ditches, ponds,
				  reservoirs, canals, ground waters, and lakes; provided that drainage ditches,
				  ponds, and reservoirs required as part of a water pollution control system are
				  excluded. This chapter applies to all State waters, including wetlands, subject
				  to the following exceptions:
(1) This chapter does not apply to groundwater, except the
				  director may in the director's discretion take appropriate actions when the
				  director believes that the discharge of pollutants to the ground or groundwater
				  has adversely affected, is adversely affecting, or will adversely affect the
				  quality of any State water other than groundwater.
(2) This chapter does not apply to drainage ditches, flumes,
				  ponds and reservoirs that are required as part of a water pollution control
				  system.
(3) This chapter does not apply to drainage ditches, flumes,
				  ponds, and reservoirs that are used solely for irrigation and do not overflow
				  into or otherwise adversely affect the quality of any other State waters,
				  unless such ditches, flumes, ponds, and reservoirs are waters of the United
				  States as defined in
				  40
				  C.F.R. section 122.2. The State of Hawaii has
				  those boundaries stated in the Hawai'i Constitution, art. XV, §1.
"Streams" means seasonal or continuous water flowing
				  unidirectionally down altitudinal gradients in all or part of natural or
				  modified channels as a result of either surface water runoff or ground water
				  influx, or both. Streams may be either perennial or intermittent and include
				  all natural or modified watercourses.
"Stream channel" means a natural or modified watercourse
				  with a definite bed and banks which periodically or continuously contains
				  flowing water.
"Stream system" means the aggregate of water features
				  comprising or associated with a stream, including the stream itself and its
				  tributaries, headwaters, ponds, wetlands, and estuary. A stream system is
				  geographically delimited by the boundaries of its drainage basin or
				  watershed.
"Surface water" means both contained surface water (that is,
				  water upon the surface of the earth in well-defined basins created naturally or
				  artificially including, but not limited to, streams, other watercourses, lakes,
				  and reservoirs) and diffused surface water (that is, water occurring upon the
				  surface of the ground other than in contained basins). Water from natural
				  springs and seeps is surface water when it exits from the spring onto the
				  earth's surface.
"Water pollution control system" means a system designed and
				  constructed specifically for the purpose of collecting, handling, storing,
				  treating, or disposing of storm water, domestic wastewater, and/or industrial
				  wastewater, to prevent water pollution.
"Wetlands" means land that is transitional between
				  terrestrial and aquatic ecosystems where the water table is usually at or near
				  the surface or the land is covered by shallow water. A wetland shall have one
				  or more of the following attributes:
(1) At least periodically the land supports predominantly
				  hydrophytic vegetation;
(2) The substratum is predominantly undrained hydric soil;
				  or
(3) The substratum is nonsoil (gravel or rocks) and is at
				  least periodically saturated with water or covered by shallow water.
Wetlands may be fresh, brackish, or saline and generally
				  include swamps, marshes, bogs, and associated ponds and pools, mud flats,
				  isolated seasonal ponds, littoral zones of standing water bodies, and alluvial
				  floodplains. For the purpose of applying for water quality certifications,
				  under Clean Water Act Section 401, and for National Pollutant Discharge
				  Elimination System (NPDES) permit purposes, the identification and delineation
				  of wetland boundaries shall be done following the procedures described in the
				  U.S. Army Corps of Engineers' Wetlands Delineation Manual (USACE
				  1987).