Hawaii Administrative Code

This section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS.…

(a) Zones of mixing are defined and authorized for use in discharge permits in section 11-54-1. Zones of mixing allow for dilution of wastes before compliance with the applicable water quality criteria must be met. Zones of initial dilution are a subset of zones of mixing that ar…

(a) An intake credit is an NPOES implementation tool that applies to the implementation of water quality standards through NPOES permits only. (b) As used in this section: "Background pollutant concentration" means the water body concentration, regardless of whether those polluta…

As used in this chapter, unless the context clearly requires otherwise: "40 CFR" means the Code of Federal Regulations, Title 40, Protection of Environment, revised as of July 1, 2018 unless otherwise specified. "Activity" means the performance of functions, assumptions of risks,…

(a) In accordance with chapter 92F, HRS, the director shall ensure that any Water Pollution Prevention Plan developed under section 11-56-6 or information required, kept, or submitted under this chapter shall be available to the public for inspection and copying during establishe…

(a) A person regulated under this chapter shall allow the director to: (1) Enter and inspect any area to investigate an actual or suspected source of water pollution, to ascertain compliance or noncompliance with this chapter or any Nonpoint Source Order issued pursuant to this c…

(a) If the director determines that any person has violated or is violating this chapter, any requirement of this chapter, or any Nonpoint Source Order issued pursuant to this chapter, the director:(1) Shall cause written notice to be served upon the alleged violator or violators…

(a) Hearings before the director on any violations of this chapter and appeals from any of the director's decisions at the hearings shall comply with chapter 91, HRS, the department's rules of practice and procedure, and this chapter. (b) If any party is aggrieved by the decision…

(a) This chapter does not limit the director's or department's authority to enforce any other statute, rule, or other law that the director or department administers. (b) This chapter does not limit the authority of any federal, other state, or county agency. Notes Haw. Code R. §…

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the application of the provision to other persons or circumstances, and the remainder of this chapter, shall not be affected. Notes Haw. Code R. § 11-56-15 [Eff 6/25/2021] (Auth: …

This section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342E, HRS, and this chapter. (1) Offer to settle; penalties. (A) A field citation is an offer to settle an administrative case against a specific violation on a specific da…

(a) The owner or operator, any interested agency, person, or group of persons may request or petition for a public hearing with respect to the determinations of persons subject to this chapter. Any request or petition for public hearing shall be submitted within thirty days of re…

(a) Any certifications associated with submissions to the director under this chapter shall be signed as follows: (1) For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:(A) A president, secretary, treasure…

It is the department's policy: (1) To conserve State waters; (2) To protect, maintain, and restore the quality of State waters: (A) For recreational uses; (B) For the growth, support, and propagation of shellfish, fish, and other desirable species of aquatic life; (C) For marine,…

(a) This chapter applies to person(s) as identified below:(1) Publicly-owned entities owning land and conducting the activities below, as identified in Appendices A through C of this chapter:(A) Agriculture (Appendix A); (B) Forestry (Silviculture) (Appendix B); and (C) Marinas a…

If any discharge of a pollutant to State waters subject to this chapter is otherwise subject to regulation as a point source under an NPDES permit, the requirements in this chapter shall not apply to that discharge. Notes Haw. Code R. § 11-56-4 [Eff 6/25/2021] (Auth: HRS §§ 342D-…

(a) All persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall register with the department. The purpose of the registration is to notify the department of person (s) subject to this regulation and that a Water Pollution Prevention Plan under secti…

(a) Any person subject to this chapter as defined in section 11-56-3(a) through (c) must develop, submit, and implement a Water Pollution Prevention Plan, in writing, and in accordance with the requirements contained in this section and in Appendices A through C of this chapter:(…

(a) Persons required to develop and implement a Water Pollution Prevention Plan under section 11-56-6 shall submit an annual report to the director documenting on-going compliance with their Water Pollution Prevention Plans. At a minimum, annual reports shall include the followin…

(a) Persons for which a Water Pollution Prevention Plan is required under this chapter must: (1) Maintain a complete copy of the Water Pollution Prevention Plan, including any amendments to the Water Pollution Prevention Plan, on-site or at a nearby office; (2) Have the Water Pol…

(a) Compliance with this chapter shall be based on development and implementation of Water Pollution Prevention Plans that minimize negative impacts on water quality to the maximum extent practicable. In determining whether a person subject to this chapter is minimizing negative …

The purpose of this chapter is to establish minimum standards governing the design, construction, installation, operation, and maintenance of solid waste disposal, recycling, reclamation, and transfer systems. Such standards are intended to: (1) Prevent pollution of the drinking …

These rules are applicable to all persons as defined in this chapter who propose, own, operate, or maintain a solid waste recycling, reclamation, salvage, transfer, or disposal facility; and are applicable to medical waste treatment, foreign waste treatment, used oil transport an…

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" me…

(a) Requirement. It shall be unlawful for any person to establish, modify, or operate any solid waste management facility or a part thereof or any extension or addition thereto without a permit issued in accordance with this chapter, Hawaii Revised Statutes, chapter 342H, and the…

The director, in accordance with the law may enter and inspect the facility for the purpose of investigating an actual or suspected source of solid waste, or other pollution; ascertaining compliance or non-compliance with any rule, or standard promulgated by the department; and m…

Variance and variance applications shall comply with Hawaii Revised Statutes, section 342H-5. Notes Haw. Code R. § 11-58.1-06 [Eff JAN 13 1994] (Auth: HRS §§ 342H-3, 342H-5) (Imp: HRS §§ 342H-3, 342H-5342H-52)

Notes Haw. Code R. §§ 11-58.1-07 to 11-58.1-10

(a) The purpose of sections 11-58.1-11 through 11-58.1-18 is to establish minimum state criteria for all municipal solid waste landfill (MSWLF) units including municipal solid waste landfills that are used to dispose of sewage sludge. These minimum state criteria ensure the prote…

(a) All municipal solid waste landfills (MSWLF) require a permit and shall comply with the requirements of section 11-58.1-04. (b) Permit notification. The director shall ensure that the public receives notice of each application for a new municipal solid waste landfill permit or…

(a) Airport safety. (1) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that are located within ten thousand feet (3,048 meters) of any airport runway end used by turbojet aircraft or within five thousand feet (1,524 meters) of any airport run…

(a) The design of new MSWLF units and lateral expansions shall be approved by the director before commencement of construction. (b) The design shall either: (1) Ensure that the concentration values listed in Table 1, which is incorporated by reference, or Hawaii Administrative Ru…

(a) Procedures for excluding the receipt of hazardous waste. Owners or operators of all MSWLF units must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes as defined in 40 CFR Part 261 and polychlorinated biphenyls (PCB) w…

(a) Applicability. (1) The requirements in sections 11-58.1-11 through 11-58.1-18 apply to MSWLF units, except as provided in paragraph (2). (2) Ground water monitoring requirements under subsections (b) through (e) may be suspended by the director for a MSWLF unit if the owner o…

(a) Closure criteria. (1) Owners or operators of all MSWLF units must install a final cover system that is designed to minimize infiltration and erosion. The final cover system must be comprised of an erosion layer underlain by an infiltration layer as follows: (A) Have a permeab…

(a) Applicability and effective date. (1) The requirements of this section apply to owners and operators of all MSWLF units, except owners or operators who are state or federal government entities whose debts and liabilities are the debts and liabilities of a state or the United …

(a) Applicability. This section is applicable to the landfilling of all construction and demolition solid wastes. The landfill shall be designed, constructed, and operated to properly dispose of construction and demolition wastes. "Construction and demolition waste" is solid wast…

(a) Applicability. This section regulates facilities designed to reduce volume of solid waste by the use of an enclosed device using controlled combustion. Solid waste used for incineration must not include materials contaminated with hazardous waste as defined in these rules. In…

Notes Haw. Code R. §§ 11-58.1-21 to 11-58.1-30

(a) Applicability. All solid waste transfer stations are subject to the requirements set forth in this subchapter. (b) Permit requirements. In order to obtain a permit to construct and operate, each transfer station shall submit the following: (1) Site analysis. A site plan and a…

(a) Applicability. This Subpart regulates the construction and operation of recyclables handling and recovery facilities including but not limited to the following: (1) Recycling centers which process only source separated materials such as batteries, motor oil, and metal sludges…

(a) Applicability. This subchapter regulates the construction and operation of materials recovery facilities. This includes, but is not limited to, automobile dismantlers, scrap metal, and white goods processors, and junkyards. (1) Exemptions. The following facilities are exempt …

Notes Haw. Code R. §§ 11-58.1-34 to 11-58.1-40

(a) Applicability. This section regulates the construction and operation of composting facilities for sewage sludge, green waste (yard waste), and other solid wastes. (A) Exemption. Composting facilities processing less than three thousand tons of green wastes (yard wastes) per y…

(a) Applicability. This subchapter regulates the construction and operation of off-site remedial facilities. It will include, but not be limited to facilities utilizing the physical, chemical, and biological conversion processes in the recovery of waste materials. Each process wi…

Notes Haw. Code R. §§ 11-58.1-43 to 11-58.1-50

(a) Applicability. Solid wastes which do not fall under the categories contained in subchapter 3 or 4 are termed special wastes and the landfill shall comply to these requirements (when disposal is by landfill). A permit will be required for the landfill. (b) Permit requirements.…