Haw. Code R. § 11-451-3
"Alternative water supplies" includes, but is not limited to, drinking water and household water supplies.
"Applicable requirements" means those federal, state, and local requirements that are legally applicable to a hazardous substance or pollutant or contaminant, response action, location, or other circumstance found at a facility, vessel, or site. However, pursuant to section 128D-23, HRS, no state or county permit shall be required for the portion of any removal or remedial action conducted entirely on site where such response action is carried out in compliance with chapter 128D, HRS.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , P.L. 96-510 ( 42 U.S.C. §§9601 - 9675 ), as amended.
"Clean Water Act" means the Federal Water Pollution Control Act of 1972 , P.L. 92-500 ( 33 U.S.C. §§1251 - 1387 ), as amended.
"Consent agreement" means an agreement which the department and a potentially responsible party enter into pursuant to this chapter.
"Consumer product" shall have the meaning stated in 15 U.S.C. §2052.
"Department" means the department of health.
"Director" means the director of health.
"Drinking water supply" means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act) or as drinking water by one or more individuals.
"Environment" means any waters, including surface water, groundwater, or drinking water supply, any land surface or any subsurface strata, or any ambient air within the State of Hawaii or under the jurisdiction of the State.
"EPA" means the U.S. Environmental Protection Agency.
"Facility" means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works plant), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance, pollutant, or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located; but does not include any consumer product in consumer use.
"Fund" means the environmental response revolving fund established pursuant to section 128D-2, HRS.
"Ground water" means water in a saturated zone or stratum beneath the surface of land or water.
"Hazardous substance" means hazardous substance as defined in section 128D-1, HRS, and designated in section 11-451-5.
"Interim remedial action" means a discrete remedial action or series of remedial actions that comprises an incremental step toward comprehensively addressing a release or threat of release of a hazardous substance or pollutant or contaminant. This discrete portion of a remedial action manages migration, or eliminates or mitigates a release, threat of a release, or pathway of exposure. The cleanup of a facility or vessel can be divided into a number of interim remedial actions, depending on the complexity of the problems associated with the facility or vessel. Interim remedial actions may address geographical portions of a site, specific facility or vessel problems, or initial phases of a remedial action, or may consist of any set of actions performed over time or any actions that are concurrent but located in different parts of a site. Interim remedial actions should not conflict with, be inconsistent with nor preclude implementation of the expected final remedial action.
"Natural resources" means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Hawaii, any county, or by the United States to the extent that the latter is subject to state law.
"Navigable water" means the waters of the United States including the territorial seas.
The term includes:
(1) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;
(2) interstate waters, including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters:
(A) That are or could be used by interstate or foreign travelers for recreational or other purposes;
(B) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce;
(C) That are used or could be used for industrial purposes by industries in interstate commerce;
(4) All impoundments of waters otherwise defined as navigable waters under this section;
(5) Tributaries of waters identified in paragraphs (1) through (4) of this definition, including adjacent wetlands; and
(6) Wetlands adjacent to waters identified in paragraphs (1) through (5) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States.
"Oil" means crude oil and any fraction or residue thereof, in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes.
"On-Scene-Coordinator" means the state official designated by the department to coordinate and direct state response actions under this chapter.
"Order" means administrative, compliance, director's, or any other orders as may be issued by the department pursuant to chapter 128D, HRS, these rules, or judicial proceedings.
"Owner or operator" means
(1) in the case of a vessel, any person owning, operating, bareboat chartering, or chartering by demise the vessel,
(2) in the case of an onshore facility or an offshore facility, any person owning or operating the facility, and
(3) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of a state or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand. "Owner" or "operator" does not include a person or financial institution that holds or held a lien, encumbrance, security interest, or loan agreement that attaches or is attached to the facility, vessel, or real property; provided that the person or financial institution makes or made no decision or takes or took no action that causes or caused or contributes or contributed to a release or threatened release of a hazardous substance, pollutant, or contaminant from or at a facility, vessel, or real property.
"Person" means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, and to the extent they are subject to this chapter, the United States or any interstate body.
"Petroleum" means any petroleum, including crude oil and any fraction thereof that is liquid at standard temperature and pressure (60 degrees fahrenheit and 14.7 pounds per square inch absolute),
"Pollutant or contaminant" means any element, substance, compound, or mixture, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
"Potentially responsible party" means persons potentially liable under Chapter 128D, HRS.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance, pollutant, or contaminant into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes:
(1) Any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against their employer;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;
(3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 ( 42 U.S.C. §2011) , if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 42 U.S.C. §2210;
(4) Any release resulting from the normal application of fertilizer;
(5) Any release resulting from the legal application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act;
(6) Releases from sewerage systems collecting and conducting primarily domestic wastewater; or
(7) Any release permitted by any federal, state, or county permit or other legal authority, if such release is specifically addressed by the permit and is in compliance with the permit.
"Remedy" or "remedial action" means those actions consistent with permanent correction taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance, pollutant, or contaminant into the environment, to prevent or minimize the release of hazardous substances, pollutants, or contaminants, so that they do not migrate to cause substantial danger to present or future public health or welfare, the environment, or natural resources.
(1) The term includes, but is not limited to, actions at the location of a release such as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous substances, pollutants, contaminants, or associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health or welfare, the environment, or natural resources.
(2) The term includes the costs of permanent relocation of residents and businesses and community facilities where the department determines that, alone or in combination with other measures, such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances, pollutants, or contaminants, or may otherwise be necessary to protect the public health or welfare.
(3) The term does not include the off site transport of hazardous substances, pollutants, or contaminants, or the storage, treatment, destruction, or secure disposition offsite of such hazardous substances, pollutants, or contaminants or contaminated materials unless the department determines that such actions:
(A) Are more cost-effective than other remedial actions;
(B) Win create new capacity to manage hazardous substances, in addition to those located at the affected facility or vessel; or
(C) Are necessary to protect public health or welfare, the environment, or natural resources from a present or potential risk which may be created by further exposure to the continued presence of such hazardous substances, pollutants or contaminants.
"Remove" or "removal action" means:
1) action taken when a release constitutes an emergency and the director or an on-scene coordinator has determined that actions are immediately required to prevent, limit, or mitigate an emergency; or
2) the cleanup of released hazardous substances, pollutants, or contaminants from the environment, such actions as may be necessary to take in the event of the threat of release of hazardous substances, pollutants, or contaminants into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, pollutants, or contaminants, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, and any emergency assistance. Removal actions may include any of those types of actions contained in the definition of "remedy" or "remedial action".
"Reportable quantity" means reportable quantity as defined in section 11-451-6.
"Respond" or "response action" means remove, removal, remedy, or remedial action; and all such terms including government enforcement activities related thereto.
"Site" means the areal extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action.
"Sheen" means an iridescent appearance of any petroleum on the surface of any surface water, ground water, or any navigable water of the State which is caused by the release of such petroleum.
"Source control action" means the construction or installation and start-up of those actions necessary to prevent the continued release of hazardous substances, pollutants, or contaminants (primarily from a source on top of or within the ground, or in buildings or other structures) into the environment.
"State Contingency Plan" means Hawaii Administrative Rules title 11, Hawaii state department of health, chapter 451.
"State Priority List" means the list compiled by the department pursuant to section 128D-7, HRS.
"Surface water" means both contained surface water - that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction - and diffused surface water - that is, water upon the surface of the ground other than in contained waterbodies. Water from natural springs is surface water when it exits from the spring onto the earth's surface.
"Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
Haw. Code R. § 11-451-3