Haw. Code R. § §§ 11-273.9

Current through November, 2024
Section 11-273.9 - Definitions

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Ampule means an airtight vial made of glass, plastic, metal, or any combination of these materials.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Circuit board means the part of an electronic device that mechanically supports and electrically connects electronic components (such as capacitors, diodes, power sources, resistors, sensors, switches, transducers, transistors, etc.) using conductive tracks.

Destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in § 273.13 and § 273.33. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).

Electronic item, also referred to as universal waste electronic item, means a device containing a circuit board, or other complex circuitry, or a video display. Indicators that a device likely contains a circuit board include the presence of a keypad, touch screen, any type of video or digital display, or common electronic ports or connectors, such as serial, parallel, Rj45 ("network"), or USB. Examples of common universal waste electronic items include, but are not limited to: computer central processing unit; computer monitor; portable computer (including notebook, laptop, and tablet computer); devices designed for use with computers (also known as computer peripherals) such as keyboard, mouse, desktop printer, scanner, and external storage drive; server; television; digital video disc (DVD) recorder or player; videocassette recorder or player (VCR); eBook reader; digital picture frame; fax machine; video game equipment; cellular telephone; answering machine; digital camera; portable music or video player; wireless paging device; remote control; and smoke detector. Electronic item does not include a device that is physically a part of, connected to, or integrated within a large piece of equipment that is not meant to be hand-carried by one person (for example, an automobile, large medical equipment, or white goods as defined in chapter 11-58.1). A device is considered physically a part of, connected to, or integrated within a large piece of equipment if the device cannot be easily disconnected from the large equipment by a layperson without specialized training. When a device containing a circuit board or a video display is removed, separated, or separate from the large piece of equipment that it is meant to be a part of, it is a universal waste electronic item.

Generator means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation.

Lamp, also referred to as ''universal waste lamp'' is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Large quantity handler of universal waste means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, aerosol cans, electronic items, or solar panels, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded.

Mercury-containing equipment means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

On-site means the same or geographically contiguous property which may be divided by public or private right-of way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered onsite property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w); or
(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or
(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Photovoltaic cell means a specialized semiconductor diode designed to convert solar radiation into electrical energy. Photovoltaic cells may be composed of, but are not limited to, monocrystalline silicon, polycrystalline silicon, amorphous silicon, cadmium telluride, copper indium gallium selenide, and gallium indium phosphide/gallium arsenide/gallium, and perovskite. Photovoltaic cells are managed as solar panels.

Small quantity handler of universal waste means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment, lamps, aerosol cans, electronic items, or solar panels, calculated collectively) at any time.

Solar panel or solar photovoltaic panel means a device consisting of one or more electrically connected photovoltaic cells that are designed to convert solar radiation into electrical energy. Solar panel includes integrated components that cannot be separated without breaking the solar panel glass. Examples of integrated components include, but are not limited to, protective glass, conductive metal contact, metal framing the photovoltaic cells, housing or pocket holding the photovoltaic cells, and top and back layer. Photovoltaic cells that are not electrically connected are managed as solar panels. Solar panel does not include solar thermal panels that do not contain photovoltaic cells.

Solar photovoltaic system means a set of components consisting of one or more solar panels and ancillary components such as, but not limited to, metal frames used to support the solar panels, connectors, junction boxes, batteries, inverters, wires, and cables that are connected to the solar panels. Ancillary components are those components of the system that can be manually separated from the solar panel without breaking the solar panel glass.

Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury containing ampules that have been removed from these temperature control devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 273.33(c)(2).

Universal waste means any of the following hazardous wastes that are subject to the universal waste requirements of this part:

(1) Batteries as described in § 273.2;
(2) Pesticides as described in § 273.3;
(3) Mercury-containing equipment as described in § 273.4;
(4) Lamps as described in § 273.5;
(5) Aerosol cans as described in § 273.6;
(6) Electronic items as described in 40 C.F.R. section 273.6.1, as incorporated and amended in this chapter; and
(7) Solar panels as described in 40 C.F.R. section 273.6.2, as incorporated and amended in this chapter.

Universal waste handler:

(1) Means:
(i) A generator (as defined in this section) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(2) Does not mean:
(i) A person who treats, disposes of, or recycles universal waste (except under the provisions of 40 C.F.R. section 273.13 or 273.33, as incorporated and amended in this chapter); or
(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

Universal waste transfer facility means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

Universal waste transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Video display means the part of an electronic device capable of presenting images electronically on a screen viewable by the device user. A video display may use cathode ray tube, liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.

Haw. Code R. §§ 11-273.9

[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35)
Am and Comp 9/30/2018
Comp 6/25/2020
Comp 6/7/2021
Comp 1/29/2024