Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 270 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM
Subchapter A - GENERAL INFORMATION
Section 11-270-2 - Definitions
The following definitions apply to chapters 11-270 and 11-271. Terms not defined in this section have the meaning given by HRS chapter 342J and chapter 11-260 of the Hawaii Administrative Rules.
"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
"Any state" means any of the fifty states, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
"Application" means the EPA standard national forms for applying for a permit (see Appendix I). Application also includes the information required by the director under sections 11-270-14 through 11-270-29 (contents of Part B of the hazardous waste management permit application).
"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 chapter 11-264.
"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 chapter 11-264 subchapter S, for the purpose of implementing corrective action requirements under section 11-264-101 and HRS section 342J-36. 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 federal 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 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 section 11-271-6 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 section 11-271-5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in section 11-271-5 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 section 11-261-22, or are listed in subchapter D of chapter 11-261 only for this reason; and
(b) Meets the definition of tank, tank system, container, transport vehicle, or vessel in section 11-260-10.
"Emergency permit" means a hazardous waste management permit issued in accordance with section 11-270-61.
"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.
"EPA" means the United States Environmental Protection Agency.
"Existing hazardous waste management facility" or "existing facility" means a facility which: was in operation or for which construction commenced on or before November 19, 1980, or was in operation or for which construction commenced on or before the effective date of statutory or rule changes under RCRA that were made prior to the effective date of the first rules adopted under HRS chapter 342J, and that rendered the facility subject to the requirement to have a RCRA permit, or is in operation or for which construction has begun on or before the effective date of statutory or rule changes under HRS chapter 342J that are made after the effective date of the first rules adopted under HRS chapter 342J and that render the facility subject to the requirement to have a permit under HRS section 342J-30. A facility has commenced construction if:
(a) The owner or operator has obtained the federal, State and County 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 the department in accordance with section 11-271-10(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 HRS chapter 342J and the rules adopted thereunder.
"Federal, State and County approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State, or County hazardous waste control statutes, regulations, rules 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 chapter 11-261.
"Ground water" means water below the land surface in a zone of saturation.
"HWM facility" means a hazardous waste management facility.
"Hazardous waste" means a hazardous waste as defined in section 11-261-3.
"Hazardous waste management facility" or "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).
"Hazardous waste management permit" means a permit required under HRS section 342J-30(a).
"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 subchapter B of chapter 11-262.
"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 federal CWA. The term includes an approved program.
"NPDES" means National Pollutant Discharge Elimination System.
"New HWM facility" means a hazardous waste management facility which began operation or for which construction commenced after November 19, 1980, and which is not included in the definition of "existing facility". (See also "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 HRS chapter 342J and the rules adopted thereunder.
"Permit" means an authorization, license, or equivalent control document issued by EPA or the State to implement the requirements of 40 CFR Parts 270, 271 and 124 or chapters 11-270 and 11-271. Permit includes permit by rule (section 11-270-60 ), and emergency permit (section 11-270-61 ). Permit does not include hazardous waste management interim status (subchapter G of this chapter), 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 hazardous waste management 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, or an agent or employee thereof.
"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" 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 the State or a county. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"RCRA" means the federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, as amended by the Hazard and Solid Waste Amendments of 1984 ( Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq. (1984)).
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
"SIC code" means standard industrial classification code.
"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 HRS chapter 342J and the rules adopted thereunder.
"SDWA" means the federal 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" means the State of Hawaii.
"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 federal Safe Drinking Water Act, including an approved program.
"Underground injection" means a well injection. "Underground source of drinking water" or "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 ten-thousand 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 federal Clean Water Act; and
(b) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in section 11-261-3, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in section 11-261-3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in section 11-261-3; and
(c) Meets the definition of tank or tank system in section 11-260-10.
