Haw. Code R. § 11-53-1

Current through September, 2024
Section 11-53-1 - Definitions

As used in this chapter:

"33 CFR" means the Code of Federal Regulations, Title 33, Navigation and Navigable Waters, revised as of July 1, 2018, unless otherwise specified.

"40 CFR" means the Code of Federal Regulations, Title 40, Protection of the Environment, revised as of July 1, 2018, unless otherwise specified.

"Act" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217, Public Law 95-483 and Public Law 97-117, 33 U.S.C. section 1251 et. seq.

"Activity" means any activity or project that may result in a water pollutant discharge and that requires a certification.

"Applicant" means the owner or operator, as applicable, who requests a certification from the director by applying in accordance with this chapter.

"Application" means any forms provided by the department for use in obtaining the certification.

"Best management practices" or "BMPs" means schedules of activities, prohibitions or designations of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of state waters. Best management practices include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Best management practices also include methods, measures, or practices to meet nonpoint source pollution control needs, and structural and nonstructural controls. BMPs can be applied before, during, and after pollution-producing activities to reduce or eliminate the introduction of pollutants into receiving state waters.

"Blanket section 401 WQC" is a certification issued to the U.S. Army Corps of Engineers, Honolulu District, for the purpose of certifying regional or nationwide permits, in accordance with 33 CFR Parts 325 and 330.

"Certification" or "WQC" means a statement which asserts that a proposed discharge resulting from an activity or facility will not violate applicable water quality standards and the applicable provisions of sections 301, 302, 303, 306 and 307 of the Act.

"Certifying person" is a person described in section 11-55-07(a).

"Department" means state department of health.

"Director" means the director of health or any person to whom the director has legally delegated such power and authority vested in the director in chapter 342D, HRS.

"Discharge" means the same thing as defined in section 502(16) of the Act.

"Discharge of a pollutant" means the same thing as defined in section 502(12) of the Act.

"Existing uses" means those uses actually attained in the water body on or after November 28, 1975 whether or not they are included in the water quality standards.

"Facility" means any facility that may result in a water pollutant discharge and that requires a certification.

"License or permit" means any permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission granted by an agency of the federal government to conduct any activity which may result in any discharge.

"Licensing or permitting agency" means any agency of the federal government to which a federal application is made for a license or permit.

"Owner" or "operator" means the person who owns or operates any facility or activity that requires a certification.

"Pollutant" means the same thing as defined in section 502(6) of the Act.

"Pre-approved SOP" means standard operating procedures pre-approved by the department for use in activities.

"State waters" means the same thing as defined in section 342D-1, HRS.

"Water pollutant" means the same thing as defined in section 502(12) of the Act.

"Water quality standards" means state-adopted and U.S. Environmental Protection Agency-approved water quality standards in chapter 11-54.

Haw. Code R. § 11-53-1

[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)