HRS §342D-1 Definitions
342D-1. Definitions
As used in this chapter, unless the context otherwise requires:
"Available recycled water service"
means the existence of an operable recycled water distribution main within one
hundred feet of the property line.
"Coastal waters" means all waters
surrounding the islands of the State from the coast of any island to a point
three miles seaward from the coast, and, in the case of streams, rivers, and
drainage ditches, to a point three miles seaward from their point of discharge
into the sea and includes those brackish waters, fresh waters, and salt waters
that are subject to the ebb and flow of the tide.
"Complaint" means any written charge
filed with or by the department that a person is violating any provision of
this chapter or any rule or order adopted pursuant to this chapter.
"Department" means the department of
health.
"Director" means the director of
health.
"Domestic sewage" is waste and
wastewater from humans or household operations that:
(1) Is discharged to or otherwise enters a treatment
works; or
(2) Is of a type that is usually discharged to or
otherwise enters a treatment works or an individual wastewater system.
Individual wastewater systems include cesspools,
septic tanks, and household aerobic units. As used here "waste"
means any liquid, gaseous, and solid substance, whether treated or not, and
whether or not it pollutes or tends to pollute state waters, and "waste"
excludes industrial and agricultural substances that are not combined with
substances from humans or household operations. As used here "wastewater"
means any liquid "waste", as used above, whether treated or not.
"Drainage ditch" means that facility
used to carry storm runoff only.
"Effluent" means any substance
discharged into state waters, publicly owned treatment works, or sewerage
systems, including, but not limited to, sewage, waste, garbage, feculent
matter, offal, filth, refuse, any animal, mineral, or vegetable matter or
substance, and any liquid, gaseous, or solid substances.
"Effluent sources" include, but are
not limited to, sewage outfalls, refuse systems and plants, water systems and
plants, industrial plants, and contributors to publicly owned treatment works
or sewerage systems.
"Gray water" means any untreated
wastewater that has not come into contact with toilet waste. Gray water
includes used water from bathtubs, showers, and bathroom wash basins and water
from clothes washers and laundry tubs; provided that the water is not contaminated
with any household hazardous waste as defined in section 342G-1, hazardous
waste as defined in section 342J-2, or any contaminant the department deems
inappropriate. Gray water excludes wastewater from food preparation sinks or
dishwashers.
"Industrial user" means a source of
water pollutants into a publicly owned treatment works from any nondomestic
source regulated under section 307(b), (c), or (d) of the Federal Water
Pollution Control Act.
"Management practices" include
treatment, processing, storage, transport, use, and disposal.
"New source" means any source of
water pollution the construction of which is commenced after the adoption of
rules prescribing a standard of performance which will be applicable to such
source.
"Party" means each person or agency
named as party or properly entitled to be a party in any court or agency
proceeding.
"Permit" means written authorization
from the director to discharge waste or to construct, modify, or operate any
water pollution source. A permit authorizes the grantee to cause or discharge
waste or water pollution in a manner or amount, or to do an act, not forbidden
by this chapter or by rules adopted under this chapter, but requiring review by
the department.
"Person" means any individual,
partnership, firm, association, public or private corporation, federal agency,
the State or any of its political subdivisions, trust, estate, or any other
legal entity.
"Pollution" means water pollution.
"Recycled water" and "reclaimed
water" mean treated wastewater that by design is intended or used for a
beneficial purpose.
"Sewage sludge" means any solid,
semi-solid, or liquid residue removed during the treatment of municipal
wastewater or domestic sewage. Sewage sludge includes, but is not limited to,
solids removed during primary, secondary, or advanced wastewater treatment,
scum, septage, portable toilet pumping, Type III Marine Sanitation device
pumpings (33 Code of Federal Regulations Part 159), and sewage sludge
products. Sewage sludge does not include grit, screenings, or ash generated
during the incineration of sewage sludge.
"Sewerage system" means pipelines or
conduits, pumping stations, and force mains, and all other structures, devices,
appurtenances, and facilities used for collecting or conducting wastes to an
ultimate point for treatment or disposal.
"Standard of performance" means a
standard for the control of the discharge of water pollutants which reflects
the greatest degree of effluent reduction which the director determines to be
achievable through application of the best demonstrated control technology,
processes, operating methods, or other alternatives, including, where
practicable, a standard permitting no discharge of water pollutants.
"State waters" means all waters,
fresh, brackish, or salt, around and within the State, including, but not
limited to, coastal waters, streams, rivers, drainage ditches, ponds,
reservoirs, canals, ground waters, and lakes; provided that drainage ditches,
ponds, and reservoirs required as a part of a water pollution control system
are excluded.
"Treatment works" means any plant or
other facility used for the purpose of controlling water pollution.
"Variance" means special written
authorization from the director to cause or discharge waste or water pollution
in a manner or in an amount in excess of applicable standards, or to do an act
that deviates from the requirements of rules adopted under this chapter.
"Waste" means sewage, industrial and
agricultural matter, and all other liquid, gaseous, or solid substance,
including radioactive substance, whether treated or not, which may pollute or
tend to pollute the waters of this State.
"Wastewater" means any liquid waste,
whether treated or not, and whether animal, mineral, or vegetable including
agricultural, industrial, and thermal wastes.
"Water pollutant" means dredged
spoil, solid refuse, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical waste, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, soil, sediment, cellar dirt and
industrial, municipal, and agricultural waste.
"Water pollution" means:
(1) Such contamination or other alteration of the
physical, chemical, or biological properties of any state waters, including
change in temperature, taste, color, turbidity, or odor of the waters, or
(2) Such discharge of any liquid, gaseous, solid,
radioactive, or other substances into any state waters,
as will or is likely to create a nuisance or render
such waters unreasonably harmful, detrimental, or injurious to public health,
safety, or welfare, including harm, detriment, or injury to public water
supplies, fish and aquatic life and wildlife, recreational purposes and
agricultural and industrial research and scientific uses of such waters or as will
or is likely to violate any water quality standards, effluent standards,
treatment and pretreatment standards, or standards of performance for new
sources adopted by the department.
[L 1989, c 212, pt of §2; am L 1990, c 298,
§2; am L 1995, c 180, §5; am L 1999, c 193, §2 and c 288, §2; am L 2001, c 269,
§2; am L 2013, c 233, §2]