Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL
Subchapter 1 - GENERAL
Section 11-58.1-03 - Definitions
When used in this chapter, the following terms have the meanings given below:
"Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities in accordance with section 11-58.1-17(a).
"Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with section 11-58.1-17(a).
"Agricultural waste" means wastes resulting from the production of agricultural products including but not limited to manures, and carcasses of dead animals.
"Airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.
"Appendix I" means Appendix I as it appears in 40 CFR 258.
"Appendix II" means Appendix II as it appears in 40 CFR 258.
"Aquifer" means a geological formation, group of formations, or part of a formation capable of yielding a significant quantity of ground water to wells or springs.
"Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the municipal solid waste landfill unit, because of natural or artificial events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.
"Ashes" means the residue including any air pollution flue dusts or bottom ash from combustion or incineration of material including solid wastes.
"Best practicable technology" means current state of the art methods and/or procedures which consider the economic capabilities of the owner and/or operator.
"Bird hazard" means an increase in the likelihood of aircraft collisions with birds that may cause damage to the aircraft or injury to its occupants.
"Bioconversion" means the processing of the organic fraction of the waste stream through biological or chemical means to perform composting or generate products including, but not limited to, fertilizers, feeds, methane, alcohols, tars, and other products. This term includes, but is not limited to, biogassification, acid hydrolysis, pyrolysis, and fermentation. This term does not include any form of incineration or methane gas extraction from a municipal waste landfill.
"Buffer zone" means that part of a facility that lies between the active area and the property boundary.
"Bulky waste" means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into reusable or disposable containers.
"CFR" means Code of Federal Regulations.
"Clean Air Act" means the federal Clean Air Act, 42 U.S.C. sections 7401 to 7671 q.
"Clean Water Act" means the federal Clean Water Act, 33 U.S.C. sections 1251 to 1387.
"Clear and grub material" means material consisting of any rock, coral, sand, gravel, and soil in conjunction with a maximum of twenty per cent vegetation which includes trees, timber shrubbery, and plants dislodged or uprooted from the ground.
"Closure" means those actions taken by the owner or operator of a solid waste site or facility to cease disposal operations and to ensure that all such facilities are closed in conformance with applicable rules at the time of such closures and to prepare the site for the post-closure period.
"Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
"Common water pollutants" means those industrial discharges that are point sources subject to permits under 33 U.S.C. section 1342.
"Compliance schedule" means a written schedule of required measures in a permit including an enforceable sequence leading to compliance with these rules.
"Composting" means a process in which organic solid wastes, such as biosolids (sewage sludge), green or yard waste materials, manures, and non-treated wood chips and shavings, are biologically decomposed and stabilized under controlled conditions to produce a stable humus-like mulch or soil amendment. This term includes the processing of organic and non-treated wood waste materials for the generation of wood chips or other materials that can be used as soil amendment, planting mixes, mulches for horticultural and agricultural applications, landfill cover, and land reclamation. The process of composting under methods approved by the department is a recycling activity. Land application of uncomposted organic solid waste shall not be considered an approved solid waste management activity except as a portion of the United States Department of Agriculture-Soil Conservation Service approved Land Improvement, Soil Stabilization or Reclamation Plan.
"Construction and demolition waste" means solid waste, largely inert waste, resulting from the demolition or razing of buildings, of roads, or other structures, such as concrete, rock, brick, bituminous concrete, wood, and masonry, composition roofing and roofing paper, steel, plaster, and minor amounts of other metals, such as copper. Construction and demolition waste does not include cleanup materials contaminated with hazardous substances, friable asbestos, waste paints, solvents, sealers, adhesives, or similar materials.
"Container" means a device used for the collection, storage, or transportation of solid waste, including but not limited to, reusable containers, disposable containers, detachable containers, and tanks, whether fixed or detachable.
"Contaminate" means to allow to discharge a substance into ground water that would cause the concentration of that substance in the ground water to exceed the maximum contaminant level.
"Convenience center" means waste handling facilities performing limited transfer station operation located at convenient areas receiving less than forty tons per day of only household or residential solid waste.
"Cover material" means soil or other suitable material that has been approved by the department as cover for wastes.
"Department" means the state department of health.
"Director" means the director of health or the director's authorized representative.
"Disease vectors" means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.
"Displacement" means the relative movement of any two sides of a fault measured in any direction.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste onto any land or water so that such solid waste, or any constituent thereof, may enter the environment, be emitted into the air, or discharged into any water, including ground waters.
"Disposal facility" means a solid waste management facility or part of one at which solid waste is intentionally placed into or on any land or water, and at which solid waste will remain after closure.
"Disposal site" means the location where any final treatment, utilization, processing, or deposition of solid waste occurs.
"Energy recovery" means the recovery of energy in a useable form from mass burning or refuse derived fuel incineration, pyrolysis, or any other means of using the heat of combustion or solid waste that involves high temperature (over twelve hundred degrees Fahrenheit) processing.
"Existing facility" means a facility which is owned or leased, and in operation, or for which construction has begun, on or before the effective date of this chapter and the owner or operator has obtained permits or approvals necessary under federal, state, and local statutes, regulations, rules, and ordinances. This term does not include existing MSWLF units.
"Existing MSWLF unit" means any municipal solid waste landfill unit that is receiving solid waste as of October 9, 1993. Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management.
"Facility" means all contiguous land including buffer zones and structures, other appurtenances, and improvements on the land used for the handling of solid waste.
"Facility structures" means, but is not limited to, buildings, sheds, utility lines, and drainage pipes on the facility.
"Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.
"Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the one hundred-year flood.
"Foreign waste" means garbage generated by carriers which left foreign ports and their first port of entry to the U.S. is Hawaii.
"Free liquids" means liquids from any solid waste which produces measurable liquids as defined by the Paint Filter Liquids Test, Method 90 95 of EPA Publication Number SW-846.
"Garbage" means, but is not limited to, putrescible solid waste including animal and vegetable wastes resulting from the handling, storage, sale, preparation, cooking, or serving of food. Garbage originates primarily in home kitchens, stores, markets, restaurants, and other places where food is stored, prepared, or served.
"Gas condensate" means the liquid generated as a result of gas recovery processes at the MSWLF unit.
"Green waste" means solid waste that includes leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and/or prunings.
"Ground water or "ground-water" means water below the land surface in a zone of saturation.
"Hazardous waste" means regulated hazardous waste as defined in 40 CFR 261 or the State of Hawaii's rules or statutes, whichever is more stringent.
"Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
"Household waste" means any solid waste, including garbage and trash, and sanitary waste in septic tanks derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.
"Incineration" means the destruction of solid waste by burning in a furnace designed for that purpose where solid waste is essentially reduced to ash, carbon dioxide, and water vapor.
"Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under subtitle C of RCRA. The waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer or agricultural chemicals; food and related products or by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
"Inert wastes" means wastes which are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, and material which will not cause a leachate of environmental concern.
"Infectious waste" means any waste which may contain pathogens capable of causing an infectious disease and shall include, but not be limited to, wastes categorized in section 11-104-4 of the Hawaii Administrative Rules.
"Karst terranes" means areas where karst topography, with its characteristic surface and subterranean features, are developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.
"Landfill" means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading facility.
"Landspreading facility" means a facility that applies sludges or other solid wastes onto or incorporates solid waste into the soil surface at greater than vegetative utilization and soil conditioner and or immobilization rates.
"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSWLF unit.
"Leachate" means water or other liquid that has percolated or passed through or emerged from solid waste and contains dissolved, soluble, suspended, or miscible materials removed from the waste or due to contact with solid waste or gases therefrom.
"Lift" means a compacted layer of solid waste and its overlying earth cover in a landfill.
"Limited purpose landfill" means a landfill that receives solid waste of limited types, known and consistent composition, other than woodwastes, garbage, inert waste, and demolition waste.
"Liquid" means a substance that flows readily and assumes the form of its container but retains its independent volume.
"Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical Chemical Methods" (EPA Pub. No. SW-846).
"Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include artificial materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
"Lower explosive limit" means the lowest per cent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees centigrade and atmospheric pressure.
"Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety per cent or greater probability that the acceleration will not be exceeded in two hundred fifty years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
"Medical waste" means all the infectious and injurious waste originating from a medical, veterinary, or intermediate care facility.
"Monofill" means a landfill which accepts only one type of solid waste.
"Municipal solid waste landfill unit" or "MSWLF unit" means a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR section 257.2. A MSWLF unit also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. The landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion.
"New MSWLF unit" means any municipal solid waste landfill unit that has not received waste before October 9, 1993.
"Nuisance" consists of an act or an omission of an act which annoys, injures, or endangers the comfort, health, or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, any public park, square, street, or highway; or in any way renders other persons insecure in life, or in the use of property.
"One hundred-year flood" means a flood that has a one per cent or greater chance of recurring in any given year or a flood occurring of a magnitude equalled or exceeded once in one hundred years on the average over a significantly long period.
"Open burning" means the combustion of solid waste without:
(1) Control of combustion air to maintain adequate temperature for efficient combustion;
(2) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(3) Control of the emission of the combustion products.
"Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.
"Owner" means the person(s) who has legal title to a facility or part of a facility.
"Performance standard" means the criteria for the performance of solid waste handling facilities.
"Permeability" means the ease with which a porous material allows liquid or gaseous fluids to flow through it. For water, this is usually expressed in units of centimeters per second and termed hydraulic conductivity. Soils and synthetic liners with a permeability for water of 1 x 10-7 cm/sec or less may be considered impermeable.
"Permit" means written authorization from the director to construct, modify, and operate any solid waste disposal system or any component of any solid waste disposal system. A permit authorizes the grantee to construct, modify, and operate any solid waste disposal system in a manner or amount, not forbidden by this chapter, or by rules adopted pursuant to HRS 342 but requiring review by the department.
"Permit by rule" means an abbreviated procedure by which "limited impact" solid waste facilities may begin operations in accordance with section 11-58.1-04(i).
"Person" means an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
"Petroleum" means a regulated substance which includes crude oil or any fraction thereof which is liquid at standard temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute.)
"Pile" means any noncontainerized accumulation of solid waste that is used for treatment or storage.
"Plan of operation" means the written plan developed by an owner or operator of a facility detailing how a facility is to be operated during its active life and during closure and post-closure.
"Poor foundation conditions" means those areas where features exist which indicate that a natural or artificial event may result in inadequate foundation support for the structural components of an MSWLF unit.
"Post-closure" means the requirements placed upon landfill disposal sites after closure to ensure their environmental safety for a thirty-year period.
"Premises" means a tract or parcel of land with or without habitable buildings.
"Processing" means an operation to convert solid waste into a useful product or to prepare it for disposal.
"Putrescible waste" means solid waste which contains material capable of being decomposed by micro-organisms.
"Pyrolysis" means the process in which solid waste is heated in an enclosed device in the absence of oxygen to vaporize, producing a hydrocarbon-rich gas capable of being burned for recovery of energy.
"Qualified ground-water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and who has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding ground-water monitoring, contaminant fate and transport, and corrective action.
"RCRA" means the federal Resource Conservation and Recovery Act, 42 U.S.C. sections 6901 to 6992 k.
"Reclamation facility" means a location used for the handling, processing, or storage of recoverable material, including but not limited to composting and remediation facilities.
"Recoverable material" means material that can be diverted from disposal for recycling or bioconversion. This term does not include those materials that are generated and normally used on-site for manufacturing purposes.
"Recycling" means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material.
"Recycling drop-off facility" means a structure or site designated for collection and small scale (low technology) segregation of recyclable materials. The manned or unmanned site will receive and temporarily store recyclables "dropped-off" and no payment is made to the participants depositing recyclables.
"Recycling processing or materials recovery facility" means a facility which collects and bales, shreds, crushes, melts, sorts, or otherwise treats, temporarily stores, and brokers, or transports recyclable materials for reuse or re-manufacture.
"Refuse" means anything putrescible or non-putrescible that is discarded or rejected.
"Regulated hazardous waste" means a solid waste that is a hazardous waste, as defined in 40 CFR section 261.3, that is not excluded from regulation as a hazardous waste under 40 CFR section 261.4(b) or was not generated by a conditionally exempt small quantity generator as defined in 40 CFR section 261.5.
"Remediation" means a process utilizing physical, chemical, or biological conversion to mitigate or eliminate undesireable or unsafe constituents within the waste material.
"Reserved" means a section having no requirements and which is set aside for future possible rulemaking as a note to the regulated community.
"Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
"Salvage" means the incidental removal of solid waste for reuse under the control of the facility owner or operator.
"Saturated zone" means that part of the earth's crust in which all voids are filled with water.
"Scavenging" means the removal of materials at a disposal site, or interim solid waste handling site without the approval of the owner or operator and the department of health.
"Secondary Resources" means postconsumer material collected and processed for feedstock in a manufacturing process.
"Seismic impact zone" means an area with a ten per cent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a per cent of the earth's gravitational pull(g), will exceed 0.10g in two hundred fifty years.
"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, industrial process, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Sole source aquifer" means an aquifer designated by the Environmental Protection Agency pursuant to section 1424e of the Safe Drinking Water Act ( P.L. 93-523 ).
"Solid waste" or "waste" means garbage, refuse, and other discarded materials, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, sludge from waste treatment plants and water supply treatment plants, and residues from air pollution control facilities and community activities, but does not include solid or dissolved materials in domestic sewage or other substances in water sources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants, or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).
"Solid waste disposal facility" means any facility which receives solid waste for ultimate disposal through landfilling or incineration. This term does not include facilities utilized for transfer, storage, processing, or remanufacturing for recycling or reuse, or bioconversion.
"Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes, or the conversion of the energy in such wastes to more useful forms or combinations thereof.
"Solid waste management" means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.
"Source separation" means dividing solid waste into some or all of its component parts at the point of generation.
"Special wastes" means any solid waste which, because of its source or physical, chemical, or biological characteristics, require special consideration for its proper processing or disposal, or both. This term includes, but is not limited to, asbestos, used oil, lead acid batteries, municipal waste combustion ash, sewage sludge that is non-hazardous, medical wastes, tires, white goods, and derelict vehicles.
"Storage" means the holding of solid waste materials for a temporary period.
"Stream" means the point at which any confined freshwater body of surface water reaches a mean annual flow rate of twenty cubic feet per second.
"Structural components" means liners, leachate collection systems, final covers, run-on or run-off systems, and any other component used in the construction and operation of the MSWLF that is necessary for protection of human health and the environment.
"Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen material (although it may be lined with man-made materials), and which is designed to hold an accumulation of liquids or sludges. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.
"Surface water" means all lakes, rivers, ponds, streams, inland waters, salt waters, and all other water and water courses within the jurisdiction of the State of Hawaii.
"Table 1" means Table 1 as it appears in 40 CFR 258.
"Transfer station" means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a solid waste handling facility. Transfer stations may also include recycling activities.
"Treatment" means the physical, chemical, or biological processing of solid waste to make such solid wastes safer for storage or disposal, amenable for energy or material resource recovery, or reduced in volume.
"Twenty-five year storm" means a storm of a particular duration and of such intensity that it has a four per cent probability of being equalled or exceeded in any year.
"Twenty-four hour, twenty-five year storm" means a twenty-five year storm of twenty-four hours duration.
"Unstable area" means a location that is susceptible to natural or artificial events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.
"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
"Used oil transporter" means a person who transports more than five hundred gallons of used oil annually, except a person who transports used oil obtained solely from sources owned and operated by the person to a storage facility owned and operated by the same person.
"Washout" means the carrying away of solid waste by waters of the base flood.
"Waste management unit boundary" means a vertical surface located at the hydraulically downgradient limit of the unit. This vertical surface extends down into the uppermost aquifer.
"Waste recycling" means reusing waste materials and extracting materials from a waste stream.
"Waste reduction" means reducing the amount or type of waste generated.
"Water quality standard" means a standard set for maximum allowable contamination in surface waters.
"Wetlands" means those areas that are defined in 40 CFR section 232.2(r). It includes those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, estuaries, and similar areas.
"White goods" means electrical and mechanical appliances made primarily of metal parts such as refrigerators, clothes washers, and dryers. Appliances of less than three cubic feet in volume before crushing shall not be included in this definition.
