reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-50 - Cleaning of equipment and utensils

Current through June, 2024
(a) Equipment,
				  food-contact surfaces, nonfood-contact surfaces, and utensils-objective.
(1) Equipment food-contact surfaces and
				  utensils shall be clean to sight and touch;
(2) The food-contact surfaces of cooking
				  equipment and pans shall be kept free of encrusted grease deposits and other
				  soil accumulations;
(3)
				  Nonfood-contact surfaces of equipment shall be kept free of an accumulation of
				  dust, dirt, food residue, and other debris.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-51 - Sanitization of equipment and utensils

Current through June, 2024
(a) Equipment
				  food-contact surfaces and utensils shall be sanitized.
(b) Utensils and food-contact surfaces of
				  equipment shall be sanitized before use after cleaning.
(c) After being cleaned, equipment
				  food-contact surfaces and utensils shall be sanitized in:
(1) Hot water manual operations by immersion
				  for at least thirty seconds and as specified in section
				  11-50-49(j);
(2)Hot water mechanical operations by being
				  cycled through equipment that is set up as specified in section
				  11-50-49(d), (k), and
				  (l) and achieving a utensil surface
				  temperature of one hundred sixty degrees Fahrenheit as measured by an
				  irreversible registering temperature indicator; or
(3) Chemical manual or mechanical operations,
				  including the application of sanitizing chemicals by immersion, manual
				  swabbing, brushing, or pressure spraying methods, using a solution as specified
				  in section
				  11-50-49(m).
				  Contact times shall be consistent with those on EPA-registered label use
				  instructions by providing:
(A) Except as
				  specified in subparagraph (B), a contact time of at least ten seconds for a
				  chlorine solution specified in section
				  11-50-49(m)(1);
(B) A contact time of at least seven seconds
				  for a chlorine solution of fifty mg/L that has a pH of ten or less and a
				  temperature of at least one hundred degrees Fahrenheit or a pH of 8.0 or less
				  and a temperature of at least seventy-five degrees Fahrenheit;
(C) A contact time of at least thirty seconds
				  for other chemical sanitizing solutions; or
(D) A contact time used in relationship with
				  a combination of temperature, concentration, and pH that, when evaluated for
				  efficacy, yields sanitization as defined in section
				  11-50-2.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-52 - Laundering

Current through June, 2024
(a) Clean linens shall be free from food
				  residues and other soiling matter.
(b) Specifications.
(1) Linens that do not come in direct contact
				  with food shall be laundered between operations if they become wet, sticky, or
				  visibly soiled;
(2) Cloth gloves
				  used as specified in section
				  11-50-32(n)(4)
				  shall be laundered before being used with a different type of raw animal food
				  such as beef, fish, lamb, pork or poultry;
(3) Linens and napkins that are used as
				  specified in section
				  11-50-32(1) and
				  cloth napkins shall be laundered between each use;
(4) Wet wiping cloths shall be laundered
				  daily;
(5) Dry wiping cloths shall
				  be laundered as necessary to prevent contamination of food and clean serving
				  utensils.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-53 - Protection of clean items

Current through June, 2024
(a) After cleaning
				  and sanitizing, equipment and utensils:
(1)
				  Shall be air-dried or used after adequate draining as specified in the first
				  paragraph of
				  40
				  CFR 180.940, entitled "Tolerance exemptions
				  for active and inert ingredients for use in antimicrobial formulations
				  (food-contact surface sanitizing solutions)", before contact with food;
				  and
(2) May not be cloth dried
				  except that utensils that have been air-dried may be polished with cloths that
				  are maintained clean and dry.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 5 - WATER, PLUMBING, AND WASTE › Section 11-50-60 - Water

Current through June, 2024
(a) Drinking water shall be obtained from an
				  approved source that is:
(1) A public water
				  system; or
(2) A nonpublic water
				  system that is constructed, maintained, and operated according to
				  law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 5 - WATER, PLUMBING, AND WASTE › Section 11-50-61 - Plumbing system

Current through June, 2024
(a) Approved.
(1) A plumbing system and hoses conveying
				  water shall be constructed and repaired with approved materials according to
				  law;
(2) A water filter shall be
				  made of safe materials.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 5 - WATER, PLUMBING, AND WASTE › Section 11-50-63 - Sewage, other liquid waste, and rainwater

Current through June, 2024
(a) A sewage
				  holding tank in a mobile food establishment shall be:
(1) Sized fifteen per cent larger in capacity
				  than the water supply tank; and
(2)
				  Provided with a tank bottom that is sloped down to an outlet with a shut-off
				  valve to permit complete drainage of the tank, except for those tanks that are
				  readily removable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 5 - WATER, PLUMBING, AND WASTE › Section 11-50-64 - Refuse, recyclables, and returnables

Current through June, 2024
(a) If located
				  within the food establishment, a storage area for refuse, recyclables, and
				  returnables shall meet the requirements specified in sections
				  11-50-70 and
				  11-50-71(a) to (g), (1), and
				  (m).
(b) An outdoor storage surface for refuse,
				  recyclables, and returnables shall be constructed of nonabsorbent material such
				  as concrete or asphalt and shall be smooth, durable, and sloped to
				  drain.
(c) If used, an outdoor
				  enclosure for refuse, recyclables, and returnables shall be constructed of
				  durable and cleanable materials.
(d) Receptacles.
(1) Except as specified in paragraph (2),
				  receptacles and waste handling units for refuse, recyclables, and returnables
				  and for use with materials containing food residue shall be durable, cleanable,
				  insect- and rodent-resistant, leakproof, and nonabsorbent;
(2) Plastic bags and wet strength paper bags
				  may be used to line receptacles for storage inside the food establishment, or
				  within closed outside receptacles.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 6 - PHYSICAL FACILITIES › Section 11-50-70 - Materials for construction and repair

Current through June, 2024
Materials for indoor floor, wall, and ceiling surfaces
					 under conditions of normal use shall be:
(1) Smooth, durable, and easily cleanable for
				  areas where food establishment operations are conducted;
(2) Closely woven and easily cleanable carpet
				  for carpeted areas; and
(3)
				  Nonabsorbent for areas subject to moisture such as food preparation areas,
				  walk-in refrigerators, warewashing areas, toilet rooms, mobile food
				  establishment servicing areas, and areas subject to flushing or spray cleaning
				  methods.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 6 - PHYSICAL FACILITIES › Section 11-50-71 - Design, construction, and installation

Current through June, 2024
(a) Except as
				  specified in subsection (d) and except for antislip floor coverings or
				  applications that may be used for safety reasons, floors, floor coverings,
				  walls, wall coverings, and ceilings shall be designed, constructed, and
				  installed so they are smooth and easily cleanable,
(b) Floors, walls, and ceilings, utility
				  lines.
(1) Utility service lines and pipes
				  may not be unnecessarily exposed;
(2) Exposed utility service lines and pipes
				  shall be installed so they do not obstruct or prevent cleaning of the floors,
				  walls, or ceilings;
(3) Exposed
				  horizontal utility service lines and pipes may not be installed on the
				  floor.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 6 - PHYSICAL FACILITIES › Section 11-50-72 - Numbers and capacities

Current through June, 2024
(a) Handwashing
				  sinks shall be provided as specified in section
				  11-50-61(g).
(b) Each handwashing sink or group of two
				  adjacent handwashing sinks shall be provided with a supply of hand cleaning
				  liquid, powder, or bar soap.
(c)
				  Each handwashing sink or group of adjacent handwashing sinks shall be provided
				  with:
(1) Individual, disposable
				  towels;
(2) A continuous towel
				  system that supplies the user with a clean towel; or
(3) A heated-air hand drying device;
				  or
(4) A hand drying device that
				  employs an air-knife system that delivers high velocity, pressurized air at
				  ambient temperatures.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 6 - PHYSICAL FACILITIES › Section 11-50-73 - Location and placement

Current through June, 2024
(a) Handwashing
				  sinks shall be conveniently located as specified in section
				  11-50-61(1).
(b) Toilet rooms shall be conveniently
				  located and accessible to employees during all hours of operation
(c) Designated areas.
(1) Areas designated for employees to eat,
				  drink, and use tobacco shall be located so that food, equipment, linens, and
				  single-service and single-use articles are protected from
				  contamination;
(2) Lockers or other
				  suitable facilities shall be located in a designated room or area where
				  contamination of food, equipment, utensils, linens, and single-service and
				  single-use articles cannot occur,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 6 - PHYSICAL FACILITIES › Section 11-50-74 - Maintenance and operation

Current through June, 2024
(a) Physical
				  facilities shall be maintained in good repair.
(b) Cleaning, frequency and restrictions.
(1) Physical facilities shall be cleaned as
				  often as necessary to keep them clean;
(2) Except for cleaning that is necessary due
				  to a spill or other accident, cleaning shall be done during periods when the
				  least amount of food is exposed such as after closing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 7 - POISONOUS OR TOXIC MATERIALS › Section 11-50-80 - Labeling and identification

Current through June, 2024
(a) Containers of
				  poisonous or toxic materials and personal care items shall bear a legible
				  manufacturer's label.
(b) Working
				  containers used for storing poisonous or toxic materials such as cleaners and
				  sanitizers taken from bulk supplies shall be clearly and individually
				  identified with the common name of the material.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 7 - POISONOUS OR TOXIC MATERIALS › Section 11-50-81 - Operational supplies and applications

Current through June, 2024
(a) Poisonous or
				  toxic materials shall be stored so they cannot contaminate food, equipment,
				  utensils, linens, and single-service and single-use articles by:
(1) Separating the poisonous or toxic
				  materials by spacing or partitioning; and
(2) Locating the poisonous or toxic materials
				  in an area that is not above food, equipment, utensils, linenS/ and
				  single-service or single-use articles. This paragraph does not apply to
				  equipment and utensil cleaners and sanitizers that are stored in warewashing
				  areas for availability and convenience if the materials are stored to prevent
				  contamination of food, equipment, utensils, linens, and single-service and
				  single-use articles,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 7 - POISONOUS OR TOXIC MATERIALS › Section 11-50-82 - Stock and retail sale

Current through June, 2024
Poisonous or toxic materials shall be stored and displayed
					 for retail sale so they cannot contaminate food, equipment, utensils, linens,
					 and single-service and single-use articles by:
(1) Separating the poisonous or toxic
				  materials by spacing or partitioning; and
(2) Locating the poisonous or toxic materials
				  in an area that is not above food, equipment, utensils, linens, and
				  single-service or single-use articles.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 8 - REPEALED › Section 11-50-88 - Single-service restrictions

Current through June, 2024
(a) Food shall be
				  served to customers in, or on, single-service or single-use containers
				  only.
(b) Only single-service
				  utensils shall be provided to customers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-1.1 - General policy of water quality antidegradation

Current through June, 2024
(a)
				Existing uses and the level of water quality necessary to protect the existing
				uses shall be maintained and protected.
(b) Where the quality of the waters exceed
				levels necessary to support propagation of fish, shellfish, and wildlife and
				recreation in and on the water, that quality shall be maintained and protected
				unless the director finds, after full satisfaction of the intergovernmental
				coordination and public participation provisions of the state's continuing
				planning process, that allowing lower water quality is necessary to accommodate
				important economic or social development in the area in which the waters are
				located. In allowing such degradation or lower water quality, the director
				shall assure water quality adequate to protect existing uses fully. Further,
				the director shall assure that there shall be achieved the highest statutory
				and regulatory requirements for all new and existing point sources and all
				cost-effective and reasonable best management practices for nonpoint source
				control.
(c) Where existing high
				quality waters constitute an outstanding resource, such as waters of national
				and state parks and wildlife refuges and waters of exceptional recreational or
				ecological significance, that water quality shall be maintained and
				protected.
(d) In those areas where
				potential water quality impairment associated with a thermal discharge is
				involved, the antidegradation policy and implementing method shall be
				consistent with section 316 of the Clean Water Act.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-2 - Classification of State waters

Current through June, 2024
(a) State waters
				are classified as either inland waters or marine waters.
(b) Inland waters may be fresh, brackish, or
				saline.
(1) All inland fresh waters are
				classified as follows, based on their ecological characteristics and other
				natural criteria:
(A) Flowing waters.
(i) Streams (perennial and
				intermittent);
(ii) Flowing springs
				and seeps; and
(iii) Ditches and
				flumes that discharge into any other waters of the State;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-3 - Classification of water uses

Current through June, 2024
(a) The following
				use categories classify inland and marine waters for purposes of applying the
				standards set forth in this chapter, and for the selection or definition of
				appropriate quality parameters and uses to be protected in these waters. Storm
				water discharge into State waters shall be allowed provided it meets the
				requirements specified in this section and the basic water quality criteria
				specified in section
				11-54-4.
(b) Inland waters.
(1) Class 1.
It is the objective of class 1 waters that these waters
				  remain in their natural state as nearly as possible with an absolute minimum of
				  pollution from any human-caused source. To the extent possible, the wilderness
				  character of these areas shall be protected. Waste discharge into these waters
				  is prohibited, except as provided in section
				  11-54-4 (e)
				  . Any conduct which results in a demonstrable increase in levels of point or
				  nonpoint source contamination in class 1 waters is prohibited.
(A) Class 1.a.
The uses to be protected in class l.a waters are scientific
				  and educational purposes, protection of native breeding stock, baseline
				  references from which human-caused changes can be measured, compatible
				  recreation, aesthetic enjoyment, and other nondegrading uses which are
				  compatible with the protection of the ecosystems associated with waters of this
				  class;
(B) Class 1.b.
The uses to be protected in class l.b waters are domestic
				  water supplies, food processing, protection of native breeding stock, the
				  support and propagation of aquatic life, baseline references from which
				  human-caused changes can be measured, scientific and educational purposes,
				  compatible recreation, and aesthetic enjoyment. Public access to these waters
				  may be restricted to protect drinking water supplies;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-4 - Basic water quality criteria applicable to all waters

Current through June, 2024
(a)
				All waters shall be free of substances attributable to domestic, industrial, or
				other controllable sources of pollutants, including:
(1) Materials that will settle to form
				objectionable sludge or bottom deposits;
(2) Floating debris, oil, grease, scum, or
				other floating materials;
(3)
				Substances in amounts sufficient to produce taste in the water or detectable
				off-flavor in the flesh of fish, or in amounts sufficient to produce
				objectionable color, turbidity or other conditions in the receiving
				waters;
(4) High or low
				temperatures, biocides, pathogenic organisms, toxic, radioactive, corrosive, or
				other deleterious substances at levels or in combinations sufficient to be
				toxic or harmful to human, animal, plant, or aquatic life, or in amounts
				sufficient to interfere with any beneficial use of the water;
(5) Substances or conditions or combinations
				thereof in concentrations which produce undesirable aquatic life; and
(6) Soil particles resulting from erosion on
				land involved in earthwork, such as the construction of public works; highways;
				subdivisions; recreational, commercial, or industrial developments; or the
				cultivation and management of agricultural lands.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-5 - Uses and specific criteria applicable to inland waters

Current through June, 2024
Inland water areas to be protected are described in section
				  11-54-5.1, corresponding specific
				  criteria are set forth in section
				  11-54-5.2; water body types are
				  defined in section
				  11-54-1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-5.1 - Inland water areas to be protected

Current through June, 2024
(a) Freshwaters.
(1) Flowing waters: perennial streams and
				rivers, intermittent streams, springs and seeps, and man-made ditches and
				flumes that discharge into any other waters of the State.
(A) Class l.a.:
(i) All flowing waters within the natural
				reserves, preserves, sanctuaries, and refuges established by the department of
				land and natural resources under chapter
				195, HRS, or similar reserves for the
				protection of aquatic life established under chapter
				195, HRS.
(ii) All flowing waters in national and state
				parks.
(iii) All flowing waters in
				state or federal fish and wildlife refuges.
(iv) All flowing waters which have been
				identified as a unique or critical habitat for threatened or endangered species
				by the U.S. Fish and Wildlife Service.
(v) All flowing waters in Waimanu National
				Estuarine Research Reserve (Hawaii). As listed in Appendix A dated July 1,
				2014, entitled "Class 1, Inland Waters", located at the end of this
				chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-7 - Uses and specific criteria applicable to marine bottom types

Current through June, 2024
(a) Sand beaches.
(1) As used in this subsection:
"Sand beaches" means shoreline composed of the weathered
				  calcareous remains of marine algae and animals (white sand), the weathered
				  remains of volcanic tuff (olivine), or the weathered remains of lava (black
				  sand). Associated animals are largely burrowers and are related to particle
				  grain size, slope, and color of the beach.
(2) Water areas to be protected:
(A) Class I - All beaches on the Northwestern
				Hawaiian Islands. These islands comprise that portion of the Hawaiian
				archipelago which lies northwest of the island of Kauai and is part of the
				State of Hawaii; including Nihoa Island, Necker Island, French Frigate Shoals,
				Brooks Banks, Gardiner Pinnacles, Dowsett and Maro Reef, Laysan Island,
				Lisianski Island, Pearl and Hermes Atoll, Gambia Shoal, and Kure
				Atoll.
(B) Class II - All beaches
				not in Class I.
(3) The
				following criteria are specific to sand beaches:
(A) Episodic deposits of flood-borne sediment
				shall not occur in quantities exceeding an equivalent thickness of ten
				millimeters (0.40 inches) twenty-four hours after a heavy rainstorm.
(B) Oxidation - reduction potential (EH) in
				the uppermost ten centimeters (four inches of sediment shall not be less than
				+100 millivolts
(C) No more than
				fifty per cent of the grain size distribution of sediment shall be smaller than
				0.125 millimeters in diameter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-8 - Recreational criteria for all State waters

Current through June, 2024
(a) These criteria
				are designed to protect the public from exposure to harmful levels of pathogens
				while participating in water-contact activities. The specific criteria for
				enterococcus shall be expressed in colony forming units (CFU) per one hundred
				milliliters or as a most probable number (MPN) per one hundred milliliters, as
				specified by the analytical method used.
(b) Enterococcus content shall not exceed a
				geometric mean of 35 colony forming units per one hundred milliliters over any
				thirty day interval.
(c) A
				Statistical Threshold Value (STV) of 130 per one hundred milliliters shall be
				used for enterococcus. The STV shall not be exceeded by more than ten percent
				of samples taken within the same thirty day interval in which the geometric
				mean is calculated.
(d) State
				waters in which enterococcus content does not exceed the standard shall not be
				lowered in quality.
(e) Raw or
				inadequately treated sewage, sewage for which the degree of treatment is
				unknown, or other pollutants of public health significance, as determined by
				the director of health, shall not be present in natural public swimming,
				bathing or wading areas. Warning signs shall be posted at locations where human
				sewage has been identified as temporarily contributing to the enterococcus
				count.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.01 - Water quality certification; contents of certification

Current through June, 2024
(a) A certification made by the department
				shall include:
(1) The legal name(s), street
				address, contact person's name and position title, and telephone and fax
				numbers of the owner and, if applicable, its duly authorized
				representative;
(2) A statement
				that the director has either:
(A) Examined
				the application made by the owner or its duly authorized representative to the
				licensing or permitting agency (specifically identifying the number or code
				affixed to the application) and bases its certification upon an evaluation of
				the information contained in the application which is relevant to water quality
				considerations; or
(B) Examined
				other information provided by the owner or its duly authorized representative
				sufficient to permit the director to make the statement described in paragraph
				(a) (3);
(3) A statement
				that there is reasonable assurance that the activity will be conducted in a
				manner which will not violate applicable water quality standards;
(4) A statement of any conditions which the
				director considers necessary or desirable with respect to the discharge
				resulting from an activity; and
(5)
				Other information the director determines to be appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.02 - Water quality certification; contents of water quality certification application

Current through June, 2024
(a) The owner or
				its duly authorized representative shall submit a complete water quality
				certification application for the discharge resulting from an activity. The
				water quality certification application shall include at a minimum:
(1) The legal name(s), street address,
				contact person's name and position title, and telephone and fax numbers of the
				owner and, if applicable, its duly authorized representative;
(2) The company or organization name, contact
				person's name and position title, and telephone and fax numbers of the
				emergency contact (s);
(3) The
				name, street address, contact person's name and position title, telephone and
				fax numbers, island, and tax map key number(s) for the project;
(4) Associated existing or pending federal
				and environmental permits and corresponding file numbers;
(5) The name(s) of the navigable water where
				the discharge occurs, the latitude and longitude of the discharge point(s), the
				classification of the navigable water, and the associated existing recreational
				uses;
(6) The scope of work or a
				description of the overall project including: the construction or operation of
				facilities which may result in discharges into navigable waters; the proposed
				discharge resulting from an activity; and specific biological, chemical,
				physical, thermal, and other pertinent characteristics of the discharge
				resulting from an activity;
(7) If
				applicable, a description of the function and operation of equipment or
				facilities to control discharges, including specification of the methods of
				control to be used;
(8) The
				estimated dates on which the activity will begin and end and the date or dates
				on which the discharge(s) will take place;
(9) If applicable, a description of the
				methods and means being used or proposed to monitor the quality and
				characteristics of the discharge and the operation of equipment or facilities
				employed in the control of the proposed discharges and a map showing the
				location(s) of the monitoring point(s);
(10) The statement of assurance, statement of
				choice for publication, and if applicable, an authorization statement, with the
				owner's original signature. Any signatures required for the water quality
				certification application shall be provided as described in
				40
				CFR Section
				122.22(a);
(11) Supporting documentation (e.g. maps,
				plans, specifications, copies of associated federal permits or licenses,
				federal applications, Environmental Assessments or Environmental Impact
				Statements, as applicable, etc.);
(12) Additional information regarding any
				irregularities or unique features of the project; and
(13) Additional information as required by
				the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.03 - Water quality certification; notice and hearing

Current through June, 2024
The director may provide the opportunity for public comment
				  or hearing(s) or both to consider the issuance of a water quality
				  certification. A notice shall be published in accordance with chapters
				  91 and
				  92, HRS. The director shall inform the
				  owner or its duly authorized representative in writing that the action has been
				  taken. All publication and mailing costs associated with the public
				  notification of the director's tentative determinations with respect to the
				  water quality certification application shall be paid by the owner to the
				  appropriate newspaper agency or agencies determined by the director. Failure to
				  provide and pay for public notification, as considered appropriate by the
				  director, may result in a delay in the certification process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.04 - Water quality certification; waiver

Current through June, 2024
(a) If the director
				fails or refuses to act on a request for certification within one year after
				receipt of a complete water quality certification application, then the
				certification requirements of section
				11-54-9.1
				shall be waived with respect to the federal application.
(b) If the discharge resulting from an
				activity receives a determination to be covered under a nationwide permit
				authorization, thereby fulfilling specific conditions of that permit pursuant
				to
				33 CFR sections
				330.4,
				330.5,
				and
				330.6,
				then the director will determine, on a case-by-case basis, which projects are
				considered minor and non-controversial. Certification requirements of section
				11-54-9.1
				shall be waived for minor and non-controversial activities within one year of
				receipt of a complete water quality certification application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.05 - Water quality certification; adoption of new water quality standards

Current through June, 2024
(a) The licensee or permittee shall comply
				with any new water quality standards as adopted by the department.
(b) In any case where:
(1) A certification or waiver was issued
				without applicable water quality standards;
(2) Water quality standards applicable to the
				waters into which the activity may discharge are subsequently established
				before the activity is completed; or
(3) The director determines that the activity
				is violating new water quality standards;
The director shall then notify the licensee or permittee and
				  the licensing or permitting agency of the violation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.06 - Water quality certification; inspection of facility or activity before operation

Current through June, 2024
Where any facility or activity has received certification or
				  waiver pursuant to sections
				  11-54-9.1.01 to
				  11-54-9.1.09 in connection with
				  the issuance of a license or permit for construction, and where the facility or
				  activity is not required to obtain an operating license or permit, the
				  director, prior to the initial operation of the facility or activity, shall be
				  afforded the opportunity to inspect the facility or activity for the purpose of
				  determining if the manner in which the facility or activity will be operated or
				  conducted will violate applicable water quality standards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.07 - Water quality certification; notification to licensing or permitting agency

Current through June, 2024
If the director, after an inspection pursuant to section
				  11-54-9.1.06 determines that
				  operation of the proposed facility or activity will violate applicable water
				  quality standards, the director shall so notify the owner or, if applicable,
				  its duly authorized representative and the licensing or permitting
				  agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.08 - Water quality certification; termination or suspension

Current through June, 2024
Where a licensing or permitting agency, following a public
				  hearing, suspends a license or permit after receiving the director's notice and
				  recommendation pursuant to section
				  11-54-9.1.07 the owner or its duly
				  authorized representative may submit evidence to the director, that the
				  facility or activity has been modified so as not to violate applicable water
				  quality standards. If the director determines that the applicable water quality
				  standards have not been and will not be violated, the director shall so notify
				  the licensing or permitting agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1.09 - Water quality certification; review and advice

Current through June, 2024
The director may, and upon request shall, provide licensing
				  and permitting agencies with determinations, definitions, and interpretations
				  to the meaning and content of state water quality standards. The director may,
				  and upon request shall, also advise licensing and permitting agencies of the
				  status of compliance by the owner(s) of a water quality certification with the
				  conditions and requirements of applicable water quality
				  standards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-10 - Water quality analyses

Current through June, 2024
(a) Laboratory
				analysis shall be performed by a laboratory approved by the
				department.
(b) Where applicable,
				analysis to determine compliance with these rules shall be by:
Parameter
Reference
Sample Collection (Phytoplankton and other
							 Bioassays)
Standard Methods for the Examination of Water and
							 Waste Water, twenty first edition, APHA
Sample Preservation and Holding Time,.
							 Bacteriological and Chemical Methodology
"Guidelines Establishing Test Procedures for the
							 Analysis of Pollutants," Federal Register, July 1, 2011 ( 40 CFR 136 )
"A Manual of Chemical and Biological Methods for
							 Seawater Analysis" T.R. Parsons, Y. Maita, and CM. Lalli, 1984, Pergamon Press,
							 New York.
"Methods of Seawater Analysis", 2nd, Revised and
							 Extended Edition, ed. by K. Grashof, M. Erhardt, K. Kremling, 1983. Verlag
							 Chemie, Weinheim, Germany.
Toxicity Test
EPA 821-R-02-031, Short-Term Methods For Estimating
							 the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,
							 4th edition, October 2002.
or:
EPA 821-R-02-012, Methods For Measuring the Acute
							 Toxicity of Effluents and Receiving waters to Freshwater and Marine Organisms,
							 5th edition, October 2002.
or:
EPA 821-R-02-014, Short-Term Methods For Estimating
							 the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine
							 Organisms, 3rd edition, October 2002.
or:
EPA 833-R-10-003, National Pollutant Discharge
							 Elimination System Test of Significant Toxicity Implementation Document, June
							 2010.
or:
EPA 833-R-10-004, National Pollutant
							 Discharge
Elimination System Test of Significant Toxicity
							 Technical Document, June 2010.
or:
EPA/600/R-12/022, Tropical Collector Urchin,
Tripneustes gratilla,
Fertilization Test Method, April
							 2012.
Quality Control
(Bacteriological and Biology) and Chemistry
EPA/600/4-79-019, Handbook
for Analytical Quality
Control in Water and
Wastewater Laboratories,
March 1979.
Kona Coast Area Specific Standards
Rationale for the Development of Area-Specific Water
							 Quality Criteria for the West Coast of The Island of Hawaii and Procedures for
							 Their Use. Hawaii State Department of Health. March 1997.
or as otherwise previously specified or approved by the
				  director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-11 - Schedule of compliance

Current through June, 2024
(a) A schedule of
				compliance is an NPDES implementation tool that applies to the implementation
				of water quality standards through NPDES permits only.
(b) The director may issue a schedule of
				compliance in an individual NPDES permit for the implementation of effluent
				limits derived from the water quality criteria in this chapter if the director
				makes a finding that the discharger cannot immediately comply with the water
				quality based effluent limitations upon the effective grant of the
				permit.
(c) A schedule of
				compliance may be included in an individual NPDES permit issued by the director
				pursuant to chapter
				342D, HRS.
(d) A schedule of compliance in an NPDES
				permit is allowed only for water quality-based effluent limits based upon a
				new, revised, or newly interpreted water quality standard and must:
(1) Comply with the provisions in
				40 CFR section
				122.47, revised as of July 1, 2014,
				and;
(2) Include an enforceable
				final effluent limitation that is within the timeframe allowed as specified in
				sections 11-55-08(a)(2)(B), 11-55-15(d), 11-55-21, 11-55-22, 11-55-23(10), and
				11-55-34.07(3)(B).
(3) Require
				compliance as soon as possible.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-12 - Intake credits

Current through June, 2024
(a) An intake
				credit is an NPDES implementation tool that applies to the implementation of
				water quality standards through NPDES permits only.
(b) As used in this section:
"Background pollutant concentration" means the . water body
				  concentration immediately upstream/upcurrent of a permitted discharge,
				  regardless of whether those pollutants are natural or result from anthropogenic
				  upstream activity.
"Intake pollutant" means the background pollutant
				  concentration that is present in the intake water body, which must be the same
				  water body as the receiving water for the discharge at the time it is withdrawn
				  from such waters.
"Same body of water" means an intake pollutant is considered
				  to be from the 'same body of water" as the discharge if the department finds
				  that the intake pollutant would have reached the vicinity of the outfall point
				  in the receiving water within a reasonable period of time had it not been
				  removed by the permittee. This finding may be deemed established if:
(1) The background pollutant concentration in
				the receiving water (excluding any amount of the pollutant in the facility's
				discharge) is similar to that in the intake water; and
(2) There is a direct hydrologic connection
				between the intake and discharge points; and
(3) Water quality characteristics (e.g.
				temperature, pH, hardness) are similar in the intake and receiving waters.
The department may consider other site-specific factors
				  relevant to the transport and fate of the pollutant in deciding whether a
				  pollutant would or would not have reached the vicinity of the outfall point in
				  the receiving water within a reasonable period had it not been removed by the
				  permittee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-13 - Revision

Current through June, 2024
These water quality criteria are based upon the best
				  currently available data. Studies made in connection with the implementation
				  program may suggest improvements to this chapter. For this reason, the chapter
				  will be subject to periodic review and, where necessary, to change. Any change
				  will be made only after public hearing, held in compliance with chapter
				  91, HRS and the rules of practice and
				  procedures of the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-14 - Severability

Current through June, 2024
If any provisions of this chapter, or the application
				  thereof to any person or circumstances, is held invalid, the invalidity does
				  not affect other provisions or application of this chapter which can be given
				  effect without the invalid provision or application, and to this end the
				  provisions of this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-15 - Field citations; non-compliance

Current through June, 2024
(a) This section
				authorizes field citations to effectively and quickly settle easily verifiable
				violations of chapter
				342D, HRS, and this chapter.
				Settlements under this section are an additional remedy and do not supplant the
				director's authority to issue orders under section
				342D-9,
				HRS.
(b) Offer to settle.
(1) A field citation is an offer to settle an
				administrative case against a specific violation on a specific day. Instead of
				issuing a formal notice and finding of violation and order, the director may,
				in the director's sole discretion, through any authorized employee, issue a
				field citation by personal service or certified mail to:
(A) Any person who discharges or otherwise
				causes or allows water pollutants to enter State waters and cause violation of
				this chapter, unless that person acted in compliance with a permit or variance
				issued by the director pursuant to chapter
				342D for that person's
				discharges;
(B) Any person who
				fails to correctly install, implement, maintain, or repair site best management
				practices as called for in this chapter;
(C) Any person who violates monitoring
				requirements as required by the director;
(D) Any person who violates record keeping
				requirements as required by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Appendix B

Current through June, 2024
Class AA, Marine Waters and Embayraents
Hawaii
Puako Bay Waiulua Bay Anaehoomalu Bay Kiholo Bay Kailua
				  Harbor Kealakekua Bay Honaunau Bay
Oahu
Waialua Bay Kahana Bay Kaneohe Bay Hanauma Bay
Kauai
Hanalei Bay
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Appendix C

Current through June, 2024
Class A, Marine Waters and Embayments
Hawaii
Hilo Bay (inside breakwater) Kawaihae Boat Harbor Honokohau
				  Boat Harbor Keauhou Bay
Maui
Kahului Bay Lahaina Boat Harbor Maalaea Boat Harbor
Lanai
Manele Boat Harbor Kaumalapau Harbor
Molokai
Hale o Lono Harbor Kaunakakai Harbor Kaunakakai Boat
				  Harbor
Qahu
Kaiaka Bay
Paiko Peninsula to.Koko Head
Ala Wai Boat Harbor
Kewalo Basin
Honolulu Harbor
Keehi Lagoon
Barbers Point Harbor
Pokai Bay
Heeia Kea Boat Harbor
Waianae Boat Harbor
Haleiwa Boat Harbor
Ko Olina
Kauai
Hanamaulu Bay
Nawiliwili Bay
Kukuiula Bay
Wahiawa Bay
Hanapepe Bay (inside breakwater)
Kikiaola Boat Harbor
Port Allen Boat Harbor
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Appendix D

Current through June, 2024
Class AA, Open Coastal Waters Measured in a clockwise
				  direction from the first-named to the second-named location, where
				  applicable):
Hawaii
The open coastal waters from Leleiwi Point to
Waiulaula Point.
Maui
The open coastal waters between Nakalele Point and Waihee
				  Point and between Huelo Point and Puu Olai.
Kahoolawe
All open coastal water surrounding the island.
Lanai
All open coastal waters surrounding the island.
Molokai
The open coastal waters between the westerly boundary of
				  Hale o Lono Harbor to Lamaloa Head. Also, the open coastal waters from Cape
				  Halawa to the easterly boundary of Kaunakakai Harbor.
Oahu
Waimanalo Bay from the southerly boundary of Kaiona Beach
				  Park, and including the waters surrounding Manana and Kaohikaipu Islands, to
				  Makapuu Point. Also, Waialua Bay from Kaiaka Point to Puaena Point, and the
				  open coastal waters along Kaena Point between a distance of 5.6 kilometers (3.5
				  miles) from Kaena Point towards Makua and 5.6 kilometers (3.5 miles) from Kaena
				  Point toward Mokuleia.
Kauai
The open coastal waters between Hikimoe Valley and Makahoa
				  Point. Also, the open coastal waters between Makahuena Point and the westerly
				  boundary of Hoai Bay.
Niihau
All open coastal waters surrounding the island.
All other islands of the
				  state
All open coastal waters surrounding the islands not
				  classified in Appendix D or
				  11-54-6(b)(2)(A).