Hawaii Administrative Code

(a) If a building is to be used as part of a school, the local education agency shall include the building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the department of health. If t…

(a) Records required pursuant to this section shall be maintained in a centralized location in the administrative office of both the school and the local education agency as part of the management plan. For each homogeneous area where all ACBM has been removed, the local educatio…

(a) The local education agency shall attach a warning label immediately adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building. This shall include (1) Friable ACBM that w…

(a) The local education agency shall not be required to perform an inspection pursuant to section 11-502-5(a) in any homogeneous area of a school building where: (1) A certified inspector has determined that, based on sampling records, friable ACBM was identified in that homogene…

As used in this chapter: "Accessible" when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. "ACBM" means asbestos-containing building materials. "ACM" me…

The following references contain detailed information on asbestos-related work practices that are applicable to sections 11-502-7, 11-502-9, 11-502-10, and 11-502-11: (1)40 CFR Part 763 Subpart E, Appendix A, Interim Transmission Electron Microscopy Analytical Methods - Mandatory…

(a) Each local education agency shall: (1) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carri…

(a) Any building leased or acquired that is to be used as a school building shall be inspected by a certified inspector prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be insp…

(a) A certified inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows: (1) At least th…

(a) The local education agencies shall have bulk samples, collected pursuant to section 11-502-6 and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) and registered with the department o…

(a) For each inspection and reinspection conducted pursuant to section 11-502-5(a) and (c) and previous inspections specified pursuant to section 11-502-15, the local education agency shall have a certified inspector provide a written assessment of all friable known or assumed AC…

(a) The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted pursuant to section 11-502-8. The response actions selected shall be sufficient to protect human health and the e…

As used in this chapter: "ACM" means asbestos-containing material. "Asbestos-containing material" means any material or product which contains more than one per cent asbestos. "Asbestos contractor" means any person or contracting firm possessing a valid asbestos contractor licens…

(a) All entities performing demolition or renovation in facilities shall pay fees as set forth in § 11-503-3. (b) All workers, contractor/supervisors, inspectors, management planners, project designers, project monitors who become certified, training providers who become accredit…

(a) The fee schedule for demolition and renovation notifications shall be as follows: Quantity of RACM to be Disturbed Fee Demolition Only-No Asbestos $ 50 Greater than or equal to 260 linear, 160 square, or 35 cubic feet, but less than 500 linear, square, or cubic feet $ 100 Gre…

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 …

(a) Under the following circumstances, the director can revoke an issued certification without reissuance after holding a public hearing and notifying the federal licensing or permitting agency: (1) The federal license or permit or the federal licensing or permitting agency autho…

The director may, and upon request shall, provide federal licensing and permitting agencies with determinations, definitions, and interpretations of the meaning and content of state water quality standards. Notes Haw. Code R. § 11-53-11 [Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342…

(a) The director may determine activities that qualify for a certification waiver or that do not require a certification. Activities with a certification waiver or that do not require a certification must still comply with water quality standards. (b) Certification for an activit…

(a) If an activity is initiated without a certification, the director may issue or waive the certification for portions of the activity that were not initiated. No certification or waiver shall retroactively apply to any portion of an activity that has already occurred. (b) If an…

If any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end th…

(a) Section 401 of the Act provides that no license or permit can be issued to conduct any activity, including commencing construction or operation of a facility, that may result in a water pollutant discharge into state waters unless the State issues, waives, or does not require…

(a) Except as provided in subsection (c), the application shall include, at a minimum:(1) The certifying person's legal name, company or organization name, street or mailing address, telephone number, and email address; (2) The activity or facility name, location, island, and tax…

(a) The director shall act on an application within sixty days of acknowledging receipt of a complete application. Acting on an application means: (1) Issuing, reissuing, revoking and reissuing, modifying, denying, or initiating public notice of the certification; (2) Notifying t…

(a) The director may provide or require the applicant to provide opportunity for public comment or hearing(s), or both, to consider issuance of a certification. Public notice procedures shall include at least the following: (1) Notice shall be circulated within the geographical a…

(a) A certification issued by the director shall include:(1) The certifying person's legal name and street address, and the owner's and operator's corresponding information if different from the certifying person; (2) A statement that asserts that when all requirements and condit…

The owner and operator of an activity or facility for which a certification is issued shall comply with the following conditions: (1) Report to the federal licensing or permitting agency any non-compliance with the conditions of the issued certification; (2) Maintain records at t…

The department may enter and inspect any activity or facility in accordance with section 342D-8, HRS, before, during, or after, or any combination thereof, any activity, construction, or facility operation. Notes Haw. Code R. § 11-53-8 [Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D…

(a) At the request of the certifying person or at the director's initiative, the director may modify, revoke, or revoke and reissue an issued certification under the following circumstances: (1) Alterations or modifications to the activity or facility that will result in or have …

(a) A certification made by the department shall include: (1) The legal name(s), street address, contact person's name and position title, and telephone and fax numbers of the owner and, if applicable, its duly authorized representative; (2) A statement that the director has eith…

(a) The owner or its duly authorized representative shall submit a complete water quality certification application for the discharge resulting from an activity. The water quality certification application shall include at a minimum: (1) The legal name(s), street address, contact…

The director may provide the opportunity for public comment or hearing(s) or both to consider the issuance of a water quality certification. A notice shall be published in accordance with chapters 91 and 92, HRS. The director shall inform the owner or its duly authorized represen…

(a) If the director fails or refuses to act on a request for certification within one year after receipt of a complete water quality certification application, then the certification requirements of section 11-54-9.1 shall be waived with respect to the federal application. (b) If…

(a) The licensee or permittee shall comply with any new water quality standards as adopted by the department. (b) In any case where: (1) A certification or waiver was issued without applicable water quality standards; (2) Water quality standards applicable to the waters into whic…

Where any facility or activity has received certification or waiver pursuant to sections 11-54-9.1.01 to 11-54-9.1.09 in connection with the issuance of a license or permit for construction, and where the facility or activity is not required to obtain an operating license or perm…

If the director, after an inspection pursuant to section 11-54-9.1.06 determines that operation of the proposed facility or activity will violate applicable water quality standards, the director shall so notify the owner or, if applicable, its duly authorized representative and t…

Where a licensing or permitting agency, following a public hearing, suspends a license or permit after receiving the director's notice and recommendation pursuant to section 11-54-9.1.07 the owner or its duly authorized representative may submit evidence to the director, that the…

The director may, and upon request shall, provide licensing and permitting agencies with determinations, definitions, and interpretations to the meaning and content of state water quality standards. The director may, and upon request shall, also advise licensing and permitting ag…

As used in sections 11-54-9.1.01 to 11-54-9.1.10: "33 CFR" means the Code of Federal Regulations, Title 33, Corps of Engineers, Department of the Army, Department of Defense, revised as of July 1, 2011, unless otherwise specified. "40 CFR" means the Code of Federal Regulations, T…

(a) Laboratory analysis shall be performed by a laboratory approved by the department. (b) Where applicable, analysis to determine compliance with these rules shall be by: Parameter Reference Sample Collection (Phytoplankton and other Bioassays) Standard Methods for the Examinati…

(a) A schedule of compliance is an NPDES implementation tool that applies to the implementation of water quality standards through NPDES permits only. (b) The director may issue a schedule of compliance in an individual NPDES permit for the implementation of effluent limits deriv…

(a) An intake credit is an NPDES implementation tool that applies to the implementation of water quality standards through NPDES permits only. (b) As used in this section: "Background pollutant concentration" means the . water body concentration immediately upstream/upcurrent of …

These water quality criteria are based upon the best currently available data. Studies made in connection with the implementation program may suggest improvements to this chapter. For this reason, the chapter will be subject to periodic review and, where necessary, to change. Any…

If any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end th…

(a) This section authorizes field 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 34…

(a) Criteria for springs and seeps, ditches and flumes, natural freshwater lakes, reservoirs, low wetlands, coastal wetlands, saline lakes, and anchialine pools. Only the basic criteria set forth in section 11-54-4 apply to springs and seeps, ditches and flumes, natural freshwate…

(a) The following use categories classify inland and marine waters for purposes of applying the standards set forth in this chapter, and for the selection or definition of appropriate quality parameters and uses to be protected in these waters. Storm water discharge into State wa…

(a) All waters shall be free of substances attributable to domestic, industrial, or other controllable sources of pollutants, including: (1) Materials that will settle to form objectionable sludge or bottom deposits; (2) Floating debris, oil, grease, scum, or other floating mater…

Inland water areas to be protected are described in section 11-54-5.1, corresponding specific criteria are set forth in section 11-54-5.2; water body types are defined in section 11-54-1. Notes Haw. Code R. § 11-54-5 [Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am an…

(a) Embayments. (1) As used in this subsection: "Embayments" means land-confined and physically-protected marine waters with restricted openings to open coastal waters, defined by the ratio of total bay volume to the cross-sectional entrance area of seven hundred to one or greate…