Haw. Code R. § 11-62-03

Current through August, 2024
Section 11-62-03 - Definitions

As used in this chapter:

"Activated sludge process" means a biological wastewater treatment process in which a mixture of wastewater and microorganisms is agitated with induced aeration. Aeration supplies dissolved oxygen and wastewater supplies the organic substrate necessary for microorganism growth. This process includes sedimentation units which follow the aeration and where settled solids are withdrawn for disposal or returned to the aeration unit.

"Aerobic treatment unit system" shall have the same meaning as defined in Chapter 23 5, HRS.

"Aerosol" means a solid suspended in air with or without preceding evaporation.

"Bedrock" means a continuous horizontal layer of hardened mineral deposits that does not support the growth of common plant life.

"Bedroom" means any room within a dwelling that is or might reasonably be used as a sleeping room. A room is presumed to be a bedroom if it has a superficial floor area not less than seventy square feet and is provided with windows or skylights with an area of not less than one-tenth of the floor area or ten square feet, whichever is greater.

"Best management practices" or "BMPs" means the most effective, practical schedules of activities, prohibitions of conduct, maintenance procedures, and other specifications of conduct to prevent or reduce the pollution. BMPs also include treatment requirements, operating procedures, and practices to site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage.

"BODs" means five days biochemical oxygen demand as measured by a standard test indicating the quantity of oxygen utilized by wastewater under controlled conditions of temperature and time.

"Building" means a structure, permanent or temporary, built, erected, and framed of component structural parts used or designed for the housing, shelter, workplace, enclosure or support of persons, animals or property of any kind.

"Building modification" means any change to an existing building's configuration that may result in the increase in wastewater flows or change in the wastewater characteristics.

"Cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, which receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharging therein, but permits the liquid to seep through its bottom or sides to gain access to the underground formation.

"Collection system" means the conveyance system, which includes the building and street sewer laterals, Interceptor sewer, sewage pump station, and force main, used to transport the sewage to the treatment unit.

"Composite sample" means sample(s) collected on regular intervals in proportion to the existing flow or volume and then combined to form a sample that represents the flow or volume over a period of time or space.

"Compost toilet" means a non-flush, waterless toilet that employs an aerobic composting process to treat toilet wastes.

"Confined work areas" means any area having a limited means of egress, which is subject to the accumulation of toxic or flammable contaminants or has an oxygen deficient atmosphere. Confined work areas include, but are not limited to, storage tanks, process vessels, bins, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, and open top spaces more than four feet in depth such as pits, tubs, vaults and vessels.

"Construction" in the context of a wastewater system means the building of the system in the ground; construction is not completed until the system has been fully installed so that it is ready for hookup.

"Contractor" means the installer of a wastewater system or any part of a wastewater system.

"County" means any county of the state.

"Critical Wastewater Disposal Area (CWDA)" means an area where the disposal of wastewater has or may cause adverse effects on human health or the environment due to existing hydrogeological conditions.

"Department" means the department of health.

"Director" means the director of health or the director's duly authorized agent, including a contractor of the director.

"Disinfection" means a process to destroy, neutralize, or inhibit the growth of pathogenic microbes.

"Disposal system" means any sewer, sewer outfall, sewer lateral, seepage pit, cesspool, injection well, soil absorption system, disposal trench, or other facility used in the disposal of wastewater or wastewater sludge, including any wastewater transmission lines, pumps, power, or other equipment associated with the ultimate disposal of wastewater or wastewater sludge.

"Distribution box" means a watertight chamber from which effluent from a treatment unit is distributed evenly to various portions of a disposal system.

"Drip irrigation" means application of water and wastewater, including recycled water, from emitters, either on the surface or subsurface, that are part of a piping system alongside the plants being irrigated and that discharges at a rate not to exceed two gallons per hour per emitter.

"Domestic sewage" is waste and wastewater from humans or household operations that is:

(1) Discharged to or otherwise enters a treatment works; or

(2) Of a type that is usually discharged to or otherwise enters a treatment works or an individual wastewater system.

"Domestic wastewater" has the same meaning as "domestic sewage".

"Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes, but is not limited to, apartment houses, single family houses, duplex houses, cluster houses, townhouses, and planned developments, but excludes hotels and lodging houses.

"Dwelling unit" means any habitable room or group of habitable rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping cooking, and eating.

"Engineer" means a professional engineer registered in the State of Hawaii.

"EPA" means the United States Environmental Protection Agency.

"EPA's methods for chemical analysis of water and wastes" means the 1979 edition of '"Methods for Chemical Analysis of Water and Wastes" as published by the EPA.

"Evapotranspiration system** means a subsurface disposal system which relies on soil capillarity and plant uptake to dispose of treated effluent through surface evaporation and plant transpiration.

"Exceptional quality sludge" means wastewater sludge that has been treated to a level specified in this chapter in which it may be used with little or no restrictions for land application.

"Existing" means constructed under a valid county permit or with written approval from the director before the effective date of this rule.

"Filter fabric" means a woven or spun-bonded sheet material used to impede or prevent the movement of sand, silt and clay through the filter material. This material shall be non-biodegradable, resistant to acids and alkalies within a pH range of 4 to 10, and resistant to common solvents.

"Grab sample" means a single discrete sample of wastewater collected at a particular time and place which represents the composition of the source at that time and place.

"Graywater" shall have the same meaning as defined in HRS section 342D-1.

"Haul" means the transport of an item by vehicle or boat.

"Holding tank" means a nonportable, watertight closed vault used or designed to temporarily hold domestic wastewater.

"Household aerobic unit" means an individual wastewater system which receives domestic wastewater from dwellings or from other sources generating wastewater of a similar volume and strength, and retains solids, aerobically digests organic matter over a period of time, and allows the clarified effluent to discharge outside the tank into a disposal system.

"Individual permit" means a document issued under this rule to a specific person for a specific facility, or practice to generate, treat, use, dispose, or discharge of wastewater and wastewater sludge at a specific location.

"Individual wastewater systems" means facilities, such as septic systems, aerobic treatment units, and cesspools, that are not connected to a sewer and are used and designed to receive and dispose of:

(1) No more than one thousand gallons per day of domestic wastewater; or

(2) Greater than one thousand gallons per day of domestic wastewater from buildings with highly variable flows.

"Injection well" has the same meaning as defined in chapter 11-23.

"Land application" means the spraying or spreading of wastewater sludge onto the land surface, the injection of wastewater sludge below the land surface, or the incorporation of wastewater sludge into the soil such that the wastewater sludge can either condition the soil or fertilize crops or vegetation grown in the soil.

"Large capacity cesspool" means a cesspool that serves more than one residential dwelling or, for a non-residential cesspool, has the capacity to serve twenty or more persons per day.

"'Living area" means the portion (s) of a dwelling unit including, but not limited to, the bedroom, kitchen, bathroom, living room, family room, covered lanai, den, and library, but excluding the garage, carport, open lanai, fence, and utility shed.

"Makai" means toward the sea or the area outside the Underground Injection Control (UIC) Line encircling the protected aquifer.

"Manual of Septic Tank Practice" means the United States Department of Health, Education and Welfare Publication No. (HSM) 72-10020, formerly known as "PHS Publication No. 526", revised in 1967.

"Modal time" means the amount of time elapsed between the time that a tracer, such as salt or dye, is injected into the influent at the entrance to a chamber and the time that the highest concentration of the tracer is observed in water where it is discharged from the chamber.

"Mound system" means a soil absorption system which is installed in or below an artificially created mound or earth.

"MPN" means most probable number.

"New" means constructed on or after the effective date of this chapter.

" Non-domestic wastewater" means all wastewater excluding domestic wastewater.

" Non-exceptional quality wastewater sludge" means wastewater sludge that is not exceptional quality wastewater sludge.

"Owner" means a person(s) who has legal title to a treatment works or individual wastewater system, or duly authorized representative of the owner.

"Pathogenic organisms" means disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

"Person" has the same meaning as defined in section 342D-1, HRS.

"Person who prepares wastewater sludge" means anyone who generates wastewater sludge during the treatment of wastewater in a wastewater treatment works, a person who derives a material from wastewater sludge, a person who provides treatment of wastewater sludge, or a person who changes the quality of wastewater sludge.

"pH" means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or measured at another temperature and then converted to an equivalent value at 25 degrees Celsius.

"Private" means not owned or operated by a federal, state, or county authority.

"Proposed" means put forward for consideration or suggested to the director. For the purposes of this chapter, "proposed" shall refer to the plans for a wastewater system or activity.

"Public" means, for issues of ownership, owned or operated by a federal, state, or county authority.

"Public water system" has the same meaning as defined in chapter 11-20.

"Qualified cesspool" shall have the same meaning as defined in Chapter 235, HRS.

"Qualified expenses" shall have the same meaning as defined in Chapter 235, HRS.

" R-1 water" means recycled water that has been oxidized, filtered, and disinfected to meet the corresponding standards set in this chapter.

" R-2 water" means recycled water that has been oxidized and disinfected to meet the corresponding standards set in this chapter.

" R-3 water" means recycled water that has been oxidized to meet secondary treatment standards as set forth by EPA.

"Recycled water" means treated wastewater that by design is intended or used for a beneficial purpose.

"Recycled water system" means a facility which conveys to users or uses recycled water. Recycled water systems are subdivided into distribution and use systems. Recycled water systems include all piping, storage, and repressurization facilities to deliver recycled water to users, but exclude treatment units.

"Residential large capacity cesspool" shall have the same meaning as defined in HRS section 342D-1.

"Reuse guidelines" means the "Guidelines for the treatment and use of reclaimed water", Hawaii State Department of Health, Wastewater Branch, November 23, 1993, revised January 2 016.

"Seepage pit" means an excavation in the ground whose depth is greater than its widest surface dimension and which receives the discharge from treatment units and permits the effluent to exit through its bottom or sides for gradual seepage into the ground which does not result in contamination of water-bearing formations or surface water.

"Septage" means either a liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives wastewater.

"Septic system" shall have the same meaning as defined in Chapter 235, HRS.

"Septic tank" means a watertight receptacle that receives the raw wastewater, retains after settling solid matter or sewage for treatment by bacteria, and discharges a partially treated effluent.

"Sewage sludge" means any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, septage, portable toilet pumping, Type III Marine Sanitation device pumpings (33 Code of Federal Regulations Part 159), and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge.

"Sewer" means a pipe or conduit or any other appurtenances that carry wastewater from a building or buildings to a specific point for treatment and disposal.

"Sewer system" shall have the same meaning as defined in Chapter 235, HRS.

"Soil absorption" means a process which uses the soil to treat and dispose of effluent from a treatment unit.

"Spray irrigation" means application of water and wastewater, including recycled water, to the land to maintain vegetation or support the growth of vegetation by spraying the water and wastewater above ground from sprinklers, micro-sprinklers, or orifices in piping,

"SS" means suspended solids and indicates the characteristic state of solids in wastewater.

"Standard methods" means the 22n<i edition, 2014, of 'Standard Methods for the Examination of Water and Wastewater" as published by the American Water Works Association, American Public Health Association and the Water Pollution Control Federation, unless another edition is specified by the director.

"State waters" shall have the same meaning as defined in section 342D-1, HRS.

"Subsurface disposal system" means a disposal system that allows the gradual seepage of effluent into the ground which does not result in contamination of water-bearing formations or surface water, such as a seepage pit, cesspool, soil absorption system, or other facility used in the disposal of wastewater, including any wastewater transmission lines, pumps, power, or other equipment associated with the disposal of wastewater.

"Siibsurface drip irrigation" means the application of water and wastewater, including recycled water, to the land to maintain vegetation or to support the growth of vegetation by discharging or emitting the water and wastewater from orifices in piping below the surface or finished grade.

"Suitable soil" means a soil which acts as an effective filter in the removal of organisms and suspended solids before the effluent reaches any highly permeable earth formations, bedrock, or groundwater.

"Surface disposal" means the placing of wastewater sludge on the land for final disposal and includes storage on land for two or more years.

"Surface irrigation" means the application of water and wastewater, including recycled water, by means other than spraying.

"Ten States Standards" means the 1980 edition of the Recommended Standards for Individual Sewage Systems, a report by the committee of the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers on the policies for review and approval of plans and specifications for individual wastewater systems.

"Theoretical detention time" means the value obtained by dividing the volume of a chamber, through which fluid flows, by the flow rate expressed in amount of fluid volume per unit of time.

"Treatment unit" means any plant, facility, or equipment used in the treatment of wastewater, including the necessary pumps, power equipment, blowers, motors, holding tanks, flow splitter, and other process equipment.

"Treatment works" means any treatment unit and its associated collection system and disposal system, excluding individual wastewater systems.

"Vector attraction" means the characteristic of wastewater sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

"Wastewater" means any liquid waste, whether treated or not, and whether animal, mineral, or vegetable, including agricultural, industrial, and thermal wastes.

"Wastewater sludge" has the same meaning as 'sewage sludge".

"Wastewater sludge facility" means a facility which collects, handles, stores, treats, or disposes of wastewater sludge. Wastewater sludge facilities shall exclude individual wastewater systems.

"Wastewater system" means the category of all wastewater and wastewater sludge treatment, use, and disposal systems, including all wastewater treatment works, collection systems, wastewater sludge facilities, recycled water systems, and individual wastewater systems.

"Water pollution" has the same meaning as defined in section 342D-1, HRS.

"Watertight" means constructed so that no water can enter and discharge except through the inlet and outlet pipe respectively.

Haw. Code R. § 11-62-03

[Eff 12/10/88; am 8/30/91; am and comp 12/09/2004;am and comp 3/21/2016] (Auth: HRS §§ 321-11, 328(a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§ 321-11, 322-1 to 322-4, 322-8, 342D-1, 342D-2, 342D-4, 342D-5, 342D-50, 342E-3; 40 CFR Parts 501, 503, 40 CFR §501.2)