Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING
Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS
Section 11-271-2 - Definitions
In addition to the definitions given in sections 11-270-2 and 11-260-10, the definitions below apply to this subchapter.
"Application" means the EPA standard national forms (see Appendix I of chapter 11-270) for applying for a permit. 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).
"Appropriate Act and regulations" means the federal Clean Water Act (CWA); the federal Solid Waste Disposal Act, as amended by the federal Resource Conservation and Recovery Act (RCRA); or the federal Safe Drinking Water Act (SDWA), whichever is applicable; applicable federal regulations promulgated under those statutes; HRS chapter 342J; rules promulgated pursuant to HRS chapter 342J; HRS chapters 340E and 342D and the rules promulgated thereunder.
"Department" means the Hawaii department of health.
"Director" means the director of the department of health or the director's authorized representative.
"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."
"Environmental Protection Agency" means the United States Environmental Protection Agency.
"EPA" means the United States Environmental Protection Agency.
"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.
"Major facility" means any facility or activity classified as such by the Regional Administrator in conjunction with the director.
"Owner" or "operator" means 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 (section 11-270-70 ), or any permit which has not yet been the subject of final department action, such as a "draft permit" or a "proposed permit."
"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.
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
"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 promulgated thereunder.
"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.
