Haw. Code R. § 11-54-4

Current through November, 2024

Section 11-54-4 - Basic water quality criteria applicable to all waters

(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 materials;

(3) Substances in amounts sufficient to produce taste in the water or detectable off-flavor in the flesh of fish, or in amounts sufficient to produce objectionable color, turbidity or other conditions in the receiving waters;

(4) High or low temperatures, biocides, pathogenic organisms, toxic, radioactive, corrosive, or other deleterious substances at levels or in combinations sufficient to be toxic or harmful to human, animal, plant, or aquatic life, or in amounts sufficient to interfere with any beneficial use of the water;

(5) Substances or conditions or combinations thereof in concentrations which produce undesirable aquatic life; and

(6) Soil particles resulting from erosion on land involved in earthwork, such as the construction of public works; highways; subdivisions; recreational, commercial, or industrial developments; or the cultivation and management of agricultural lands.

(b) The director is authorized to impose by order the penalties and fines and corrective measures as specified in chapters 342D and 342E, HRS, against any person who discharges or otherwise causes or allows water pollutants to enter State waters and cause violation of this chapter, unless that person acted in compliance with a permit or variance issued by the director pursuant to chapters 342D, HRS, for that person's discharges. Each day that the person has caused each water quality standard not to be met shall constitute a separate offense.

(c) To ensure compliance with paragraph (a)(4), all State waters are subject to monitoring and to the following standards for acute and chronic toxicity and the protection of human health.

(1) As used in this section: "Acute Toxicity" means the degree to which a pollutant, discharge, or water sample causes a rapid adverse impact to aquatic organisms. The acute toxicity of a discharge or receiving water is measured using the methods in section 11-54-10, unless other methods are specified by the director.

"Chronic Toxicity" means the degree to which a pollutant, discharge, or water sample causes a long-term adverse impact to aquatic organisms, such as a reduction in growth or reproduction. The chronic toxicity of a discharge or receiving water is measured using the methods in section 11-54-10, unless other methods are specified by the director.

"Dilution" means, for discharges through submerged outfalls, the average and minimum values calculated using the models in the EPA publication, Initial Mixing Characteristics of Municipal Ocean Discharges (EPA/600/3-85/073, November, 1985), or in the EPA publication, Expert System for Hydrodynamic Mixing Zone Analysis of Conventional and Toxic Submerged Single Port Discharges (Cormix 1) {EPA/600/3-90/012), February, 1990.

"In-Stream Waste Concentration" (IWC) means the concentration of a toxicant in the receiving water, or for a discharge, the concentration of the effluent after minimum dilution authorized by the department. A discharge of one hundred divided by the minimum dilution is the IWC when the dilution is authorized by the director. A discharge of one hundred per cent effluent is the IWC when dilution is not authorized by the director.

"No Observed Effect Concentration" (NOEC), means the highest per cent concentration of a discharge or water sample, in dilution water, which causes no observable adverse effect in a chronic toxicity test. For example, an NOEC of 100 per cent indicates that an undiluted discharge or water sample causes no observable adverse effect to the organisms in a chronic toxicity test. "Test of Significant Toxicity" (TST) means the alternative statistical method for analyzing and interpreting valid whole effluent toxicity test data as described in the EPA publications, National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document, EPA 833-R-10-003 (June 2010), and National Pollutant Discharge Elimination System Test of Significant Toxicity Technical Document, EPA 833-R-10-004 (June 2010).

(2) Narrative toxicity and human health standards.

(A) Acute Toxicity Standards: All State waters shall be free from pollutants in concentrations which exceed the acute standards listed in paragraph (3). All State waters shall also be free from acute toxicity as measured using the toxicity tests listed in section 11-54-10, or other methods specified by the director.

(B) Chronic Toxicity Standards: All State waters shall be free from pollutants in concentrations which on average during any twenty-four hour period exceed the chronic standards listed in paragraph (3). All State waters shall also be free from chronic toxicity as measured using the toxicity tests listed in section 11-54-10, or other methods specified by the director.

(C) Human Health Standards: All State

waters shall be free from pollutants in concentrations which, on average during any thirty day period, exceed the "fish consumption" standards for non-carcinogens in paragraph (3). All State waters shall also be free from pollutants in concentrations, which on average during any 12 month period, exceed the "fish consumption" standards for pollutants identified as carcinogens in paragraph (3).

(3) Numeric standards for toxic pollutants applicable to all waters. The freshwater standards apply where the dissolved inorganic ion concentration is less than 0.5 parts per thousand; saltwater standards apply above 0.5 parts per thousand. Values for metals refer to the dissolved fraction. All values are expressed in micrograms per liter.

Pollutant	Freshwater		Saltwater		Fish Consumption
	Acute	Chronic	Acute	Chronic
Acenaphthene	570	ns	320	ns	ns
Acrolein	23	ns	18	ns	250
Acrylonitrile*	2,500	ns	ns	ns	0.21
Aldrin*	3.0	ns	1.3	ns	0.000026
Aluminum	750	260	ns	ns	ns
Antimony	3,000	ns	ns	ns	15,000
Arsenic	360	190	69	36	ns
Benzene*	1,800	ns	1,700	ns	13
Benzidine*	800	ns	ns	ns	0.00017
Beryllium*	43	ns	ns	ns	0.038
Cadmium	3+	3+	43	9.3	ns
Carbon tetrachloride*	12,000	ns	16,000	ns	2.3
Chlordane*	2.4	0.0043	0.09	0.004	0.00016
Chlorine	19	11	13	7.5	ns
Chloroethers-ethyl(bis-2)*	ns	ns	ns	ns	0.44
isopropyl	ns	ns	ns	ns	1,400
methyl(bis)*	ns	ns	ns	ns	0.00060
Chloroform*	9,600	ns	ns	ns	5.1
Chlorophenol(2)	1,400	ns	ns	ns	ns
Chlorpyrifos	0.083	0.041	0.011	0,0056	ns
Chromium (VI)	16	11	1,100	50	ns
Copper	6+	6+	2.9	2.9	ns
Cyanide	22	5.2	1	1	ns
DDT*	1.1	0.001	0.013	0.001	0.000008
metabolite TDE*	0.03	ns	1.2	ns	ns
Demeton	ns	0.1	ns	0.1	ns
Dichloro-
benzenes*	370	ns	660	ns	850
benzidine*	ns	ns	ns	ns	0,007
ethane(l,2)*	39,000	ns	38,000	ns	79
phenol(2,4)	670	ns	ns	ns	ns
propanes	7,700	ns	3,400	ns	ns
propene(1,3)	2,000	ns	260	ns	4.6
Dieldrin*	2,5	0.0019	0.71	0.0019	0.000025
Dinitro
o-cresol(4,6)	ns	ns	ns	ns	250
toluenes*	110	ns	200	ns	3.0
Dioxin*	0.003	ns	ns	ns	5.0x10-9
Diphenyl-
hydrazine(1,2)	ns	ns	ns	ns	0.018
Endosulfan	0.22	0.056	0.034	0.0087	52
Endrin	0.18	0.0023	0.037	0.0023	ns
Ethylbenzene	11,000	ns	140	ns	1,070
Fluoranthene	1,300	ns	13	ns	18
Guthion	ns	0.01	ns	0.01	ns
Heptachlor*	0.52	0.0038	0.053	0.0036	0.00009
Hexachloro-
benzene*	ns	ns	ns	ns	0.00024
butadiene*	30	ns	11	ns	16
cyclohexane-
alpha*	ns	ns	ns	ns	0.010
beta*	ns	ns	ns	ns	0.018
technical*	ns	ns	ns	ns	0.014
cyclopentadiene	2	ns	2	ns	ns
ethane*	330	ns	310	ns	2.9
Isophorone	39,000	ns	4,300	ns	170,000
Lead	29+	29+	140	5.6	ns
Lindane*	2.0	0,08	0.16	ns	0.020
Malathion	ns	0.1	ns	0.1	ns
Mercury	2.4	0.55	2.1	0.025	0. 047
Methoxychlor	ns	0.03	ns	0.03	ns
Mirex	ns	0.001	ns	0.001	ns
Naphthalene	770	ns	780	ns	ns
Nickel	5 +	5+	75	8.3	33
Nitrobenzene	9,000	ns	2,200	ns	ns
Nitrophenols*	77	ns	1,600	ns	ns
Nitrosamines*	1,950	ns	ns	ns	0.41
Nitroso
dibutylamine-N*	ns	ns	ns	ns	0.19
diethylamine-N*	ns	ns	ns	ns	0.41
dimethylamine-N*	ns	ns	ns	ns	5.3
diphenylamine-N*	ns	ns	ns	ns	5.3
pyrrolidine-N*	ns	ns	ns	ns	30
Parathion	0.065	0.013	ns	ns	ns
Pentachloro-
ethanes	2,400	ns	130	ns	ns
benzene	ns	ns	ns	ns	28
phenol	20	13	13	ns	ns
Phenol	3,400	ns	170	ns	ns
2,4-dimethyl	700	ns	ns	ns	ns
Phthalate esters
dibutyl	ns	ns	ns	ns	50,000
diethyl	ns	ns	ns	ns	590,000
di-2-ethylhexyl	ns	ns	ns	ns	16,000
dimethyl	ns	ns	ns	ns	950,000
Polychlorinated biphenyls*	2.0	0.014	10	0.03	0.000079
Polynuclear aromatic hydrocarbons*	ns	ns	ns	ns	0.01
Selenium	20	5	300	71	ns
Silver	1 +	1 +	2.3	ns	ns
Tetrachloro-
ethanes	3,100	ns	ns	ns	ns
benzene(1,2,4,5)	ns	ns	ns	ns	16
ethane(1,1,2,2)*	ns	ns	3,000	ns	3.5
ethylene*	1,800	ns	3,400	145	2.9
phenol(2,3,5,6)	ns	ns	ns	440	ns
Thallium	470	ns	710	ns	16
Toluene	5,800	ns	2,100	ns	140,000
Toxaphene*	0.73	0.0002	0.21	0.0002	0.00024
Tributyltin	ns	0.026	ns	0.01	ns
Trichloro-
ethane(1,1,1)	6,000	ns	10,400	ns	340,000
ethane(1, 1,2) *	6,000	ns	ns	ns	14
ethylene*	15,000	ns	700	ns	26
phenol(2,4,6)*	ns	ns	ns	ns	1.2
Vinyl chloride*	ns	ns	ns	ns	170
Zinc	22 +	22 +	95	86	ns

ns - No standard has been developed.

* - Carcinogen.

+ - The value listed is the minimum standard. Depending upon the receiving water CaCO₃ hardness, higher standards may be calculated using the respective formula in the U. S. Environmental Protection Agency publication Quality Criteria for Water (EPA 440/5-86-001, Revised May 1, 1987).

Note - Compounds listed in the plural in the "Pollutant" column represent complex mixtures of isomers.

Numbers listed to the right of these compounds refer to the total allowable concentration of any combination of isomers of the compound, not only to concentrations of individual isomers.

(4) The following are basic requirements applicable to discharges to State waters. These standards shall be enforced through effluent limitations or other conditions in discharge permits. The director may apply more stringent discharge requirements to any discharge if necessary to ensure compliance with all standards in paragraph (2).

(A) Continuous discharges through submerged outfalls.

(i) The No Observed Effect Concentration (NOEC), expressed as per cent effluent, of continuous discharges through submerged outfalls shall not be less than 100 divided by the minimum dilution; or,

(ii) The Test of Significant Toxicity' (TST), as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010), shall be used to demonstrate no unacceptable level of chronic toxicity at the In-stream Waste Concentration (IWC). The chronic toxicity criterion is expressed using a regulatory management decision (b value) of 0.75 for chronic toxicity where, a 0.25 effect level (or more) at the IWC demonstrates an unacceptable level of chronic toxicity.

(B) Continuous discharges through submerged outfalls shall not contain:

(i) Pollutants in twenty-four hour average concentrations greater than the values obtained by multiplying the minimum dilution by the standards in paragraph (3) for the prevention of chronic toxicity.

(ii) Non-carcinogenic pollutants in thirty day average concentrations greater than the values obtained by multiplying the minimum dilution by the standards in paragraph (3) for fish consumption.

(iii) Carcinogenic pollutants in twelve month average concentrations greater than the values obtained by multiplying the average dilution by the standards in paragraph (3) for fish consumption.

(C) Discharges without submerged outfalls.

(i) The survival of test organisms in an undiluted acute toxicity test of any discharge shall not be less than eighty per cent;

(ii) Compliance with the acute toxicity NPDES effluent limit is demonstrated by using the Test of Significant Toxicity (TST) as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010). The acute toxicity criterion is expressed using a regulatory management decision (b value) of 0.80 for acute toxicity test methods listed in 11-54-10, where, in an undiluted acute toxicity test, a 0.20 effect level (or more) at the IWC demonstrates an unacceptable level of acute toxicity; or,

(iii) The Test of Significant Toxicity (TST), as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010}, shall be used to demonstrate no unacceptable level of chronic toxicity at the IWC. The chronic toxicity criterion is expressed using a regulatory management decision (b value) of 0.75 for chronic toxicity where, a 0.25 effect level (or more) at the IWC demonstrates an unacceptable level of chronic toxicity. Toxicity is considered significant if the mean response in the IWC is greater than 0.75 multiplied by the mean response of the control.

No discharge shall contain pollutants in concentrations greater than the standards in paragraph (3) for the prevention of acute toxicity to aquatic life. The director may make a limited allowance for dilution for a discharge in this category if it meets the following criteria: the discharge velocity is greater than 3 meters per second; the discharge enters the receiving water horizontally, and; the receiving water depth at the discharge point is greater than zero.

(d) The requirements of paragraph (a)(6) shall be deemed met upon a showing that the land on which the erosion occurred or is occurring is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district and the director, and that a comprehensive conservation program is being actively pursued, or that the discharge has received the best degree of treatment or control, and that the severity of impact of the residual soil reaching the receiving body of water is deemed to be acceptable.

(e) In order to reduce a risk to public health or safety arising out of any violation or probable violation of this chapter, the director may post or order posted any State waters. Posting is the placement, erection, or use of a sign or signs warning people to stay out of, avoid drinking, avoid contact with, or avoid using the water. This posting authority shall not limit the director's authority to post or order posting in any other appropriate case or to take any enforcement action.

(f) Pesticide Application.

(1) As used in this section:

"Declared pest emergency situation" means an event defined by a public declaration by the President of the United States, state governor or, with the concurrence of the director, county mayor of a pest problem determined to require control through application of a pesticide beginning less than ten days after identification of the need for pest control.

"Pest" means any insect, rodent, nematode, fungus, weed, or

(A) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under 7 U.S.C. §136 w(c)(l).

"Pesticide" means

(A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest;

(B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

(C) Any nitrogen stabilizer, except that the term "pesticide" shall not include any article that is a "new animal drµg" within the meaning of 21 U.S.C. 321(w), that has been determined by the Secretary of Health and Human Services not to be a new animal drµg by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of 21 U.S.C. 321(x) bearing or containing a new animal drµg.

The term "pesticide" does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 201 of 21 U.S.C. §321. For purposes of the preceding sentence, the term "critical device" includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term 'semi-critical device" includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. The term "pesticide" applies to insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) including uses authorized under sections 3 (registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA).

Note: drµgs used to control diseases of humans or animals {such as livestock, fishstock and pets) are not considered pesticides; such drµgs are regulated by the Food and Drµg Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as birds or ladybµgs that eat insect pests, parasitic wasps, fish, etc.).

(2) Pesticide applications may be made to State waters if the pesticide applications are:

(A) Registered by the U.S. Environmental-Protection Agency and licensed by the state department of agriculture or other state agency regulating pesticides;

(B) Used for the purpose of controlling mosquito and other flying insect pests; controlling weed and algae pests; controlling animal pests; controlling forest canopy pests; or protecting public health or the environment in a declared pest emergency situation or as determined by the director;

(C) Applied in a manner consistent with the labeling of the pesticide under FIFRA;

(D) Applied under permits issued pursuant to HRS chapter 342D, if the director requires such permits under chapter 342D, HRS;

(E) Applied in a manner so applicable narrative and numeric state water quality criteria as required in chapter 11-54 are met.

Haw. Code R. § 11-54-4

[Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp 10/2/04; am and comp 06/15/09; am and comp 10/21/12; am and comp 12/6/13; am and comp 11/15/2014 ] (Auth: HRS §§ 342D-1, 342D-4, 342D-5, Ch. 342E) (Imp: HRS §§ 342D-4, 342D-5, Ch. 342E)