For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Act. See definition of “federal act” in this section.
Advanced Primary Treatment. An intermediate form of wastewater treatment that provides for removal of generally 75 percent of the suspended solids and 45 percent of the biochemical oxygen demand (BOD5 ).
Assessment or Sewer Assessment. A compulsory levy or charge on selected property for a particular sewer improvement undertaken in the interests of the public and which benefits the lessees or owners of the selected property.
Authorized Representative. Pursuant to 40 CFR § 403.12(1), an authorized representative of the industrial user is defined as and shall be any one or more of the following:
(1) A responsible corporate officer if the industrial user submitting the statement or report is a corporation. For the purposes of this definition, a “responsible corporate officer” means:
(A) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(B) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(2) A general partner or proprietor if the industrial user submitting the statement or report is a partnership or sole proprietor, respectively;
(3) A duly authorized representative of the individual designated in subdivision (1)(A) or (1)(B) of this definition if:
(A) The authorization is made in writing by the individual described in subdivision (1)(A) or (1)(B) of this definition;
(B) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(C) The written authorization is submitted to the department; or
(4) If an authorization under subdivision (3) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subdivision (3) of this definition shall be submitted to the department before or together with any other reports to be signed by an authorized representative.
Backup Facilities. The wastewater conveyance system (interceptors, trunk sewers, mains, and pumping stations); the wastewater treatment plant; and the ocean outfall or wastewater disposal system. Specifically excluded are sewer laterals, in-tract facilities, and main extensions, for which the costs have been contributed by users of the system.
Benefited or Special Benefited Property. That property or portion of a property provided with a direct or indirect connection to the public sewer, deriving therefrom the direct and indirect advantages and benefits of sewer service.
Biochemical Oxygen Demand (BOD5 ). A standard test used in assessing sewage strength and is the measure of decomposable organic material in domestic or industrial wastewater as represented by the oxygen used over a period of five days at 20 degrees Celsius and as determined by the appropriate procedure in “Standard Methods.”
Building Sewer or House Sewer. That portion of a pipe or conduit carrying sanitary sewage or industrial wastes, or both, from a building to the public sewer or a common sewer.
Bypass. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
Categorical Industrial User. An industrial user who is subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits adopted by the U.S. Environmental Protection Agency in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
Cesspool. A covered lined or partially lined pool, pit, or deep hole in the ground to receive the untreated discharges of sewage and from which the liquids seep into the surrounding soil through the bottom or sides.
Combined Sewer. A sewer receiving a mixture of stormwater and sanitary sewage with or without industrial wastes.
Commercial Cooking Oil Waste. Has the same meaning as defined in § 43-5A.1.
Commercial FOG Waste. Has the same meaning as defined in § 43-5A.1.
Composite Sampling. A collection of a number of discrete sample aliquots obtained through flow-proportional samples, at constant time intervals between samples and composites for analysis. Composite sampling techniques shall be performed in accordance with Appendix E to 40 CFR Part 403.
Connection. Any connection made or to be made to a public sewer at a manhole, in a new manhole, at the end of a stub, wye, saddle wye, lateral, or main.
DOH. The State department of health.
Days. Calendar days, including weekends and holidays, unless otherwise indicated.
Department. The department of environmental services of the City and County of Honolulu.
Director. The director of the department of environmental services or the director’s authorized representatives.
Discharge. See definition of “indirect discharge” in this section.
Domestic Wastewater. The water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.
Drain, Storm. A pipe, conduit, or channel used for conveying stormwater, surface water, wash water, or other similar discharges, but excludes sewage and polluted industrial wastes.
Dry Weather Flow. Wastewater flow during periods of little or no rainfall. Rates of flow exhibit hourly, daily, and seasonal variations. A certain amount of infiltration may also be present.
Dwelling Unit. A room or rooms connected together constituting an independent living unit with independent exterior access that includes a food preparation area. The existence of separate rental/lease agreements, addresses, and mailboxes can be used in determining dwelling unit counts for sewer service charge assessment purposes.
Effluent. Sewage, water, or other liquid flowing out of any basin treatment device or facility.
Entitlement. The amount of sewage capacity reserved for the property.
EPA. The United States Environmental Protection Agency.
Equivalent Single-Family Dwelling Unit (ESDU). The fundamental unit that will be used to express the imputed seasonal average wastewater volume for new applicants for service and for existing users of the city’s wastewater system. One “ESDU” is equal to about 305 gallons per day in Honolulu, or about 9,000 gallons per month.
Extension or Extension Sewer. The continuation of an existing public sewer through public or private property not owned, in whole or in part, by the applicant or owner of the particular property or subdivision to be served.
Federal Act, Act, or the Federal Water Pollution Control Act. Refers to P.L. 92-500, also known as the Clean Water Act, and amendments thereto, 33 USC §§ 1251 et seq., as well as regulations and standards adopted by the EPA, or successor, pursuant to the act.
Food Preparation Area. An area containing fixtures, appliances, or devices for:
(1) Heating, preparing, or cooking food;
(2) Refrigerating food; and
(3) Washing utensils used for dining and food preparation or for washing and preparing food, or both.
The permanent removal of both elements (1) and (2) above, or element (3) above is required to eliminate a food preparation area for sewer service charge assessment purposes.
Force Main. A pipeline on the discharge end of a pump carrying flow under pressure.
40 CFR. Title 40 of the Code of Federal Regulations relating to the protection of the environment.
Grab Sampling. A method of obtaining an individual sample collected over a period of time not exceeding 15 minutes. Grab sampling may be employed where the pollutants being evaluated are those that may not be held for an extended period because of biological, chemical, or physical interaction that takes place after sample collection and affects the results.
Grease. Any material that is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in “Standard Methods.”
House Connection. The sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.
House Sewer. See definition of “building sewer” in this section.
Indirect Discharge or Discharge. The introduction of pollutants into a POTW from any nondomestic source regulated under § 307(b), (c), or (d) of the Federal Water Pollution Control Act, also known as the Clean Water Act.
Individual Wastewater Disposal System. Any system of storing, treating, or disposing of wastewater on the property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a city wastewater system. Individual wastewater disposal systems include but are not limited to cesspools, septic tanks, and household aerobic units. Excluded are wastewater treatment plants.
Industrial Connection Sewer. The sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
Industrial User or User. A source of indirect discharge.
Industrial Wastewater. All water-carried wastes and wastewater excluding sanitary wastewater.
Industrial Wastewater Discharge Permit or Permit. A document issued by the department authorizing discharge of industrial waste, unless otherwise indicated.
Infiltration. The unintentional entry of water into the wastewater collection system from the surrounding soil. Common points of entry include broken pipe and defective joints in the pipe or walls of manholes. Infiltration may result from sewers being laid below the groundwater table or from saturation of the soil by rain or irrigation water, seepage of groundwater into a sewer system, including service connections. Seepage frequently occurs through defective or cracked pipes, pipe joints, connections, or manhole walls.
Inflow. Water discharged into the sewer system and service connections from such sources as but not limited to roof leaders, cellars, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, and around manhole covers or through holes in the covers, cross connections from storm and combined sewer systems, catch basins, stormwaters, surface runoff, street wash waters, or drainage. Inflow differs from infiltration in that it is a direct discharge into the sewer rather than a leak into the sewer itself.
Influent. Sewage, water, or other liquid flowing into any basin treatment device or facility.
Interceptor. A sewer that is laid transversely to the general sewer system that receives flow from sewer mains and lateral sewers and conducts such flow to a plant for treatment and disposal.
Interference. Any discharge that, alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; or
(2) Is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder: § 405 of the Federal Water Pollution Control Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulation contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
Lateral or Lateral Sewer. A branch or side sewer of a minimum 6-inch inside diameter in size from a public sewer main to serve one or more lots.
Local Limits. Prohibitive discharge limits developed by the city pursuant to 40 CFR § 403.5 and are deemed pretreatment standards for the purposes of § 307(d) of the act.
Main. A sewer into which several laterals or other sewer lines may discharge.
Manhole. An opening in a sewer constructed for the purpose of permitting a person to enter or leave the sewer.
May. Is permissive.
NPDES Permit (National Pollutant Discharge Elimination System Permit). Refers to the written requirements established by DOH, which govern the quality and quantity of wastewater discharged from a POTW.
National Pretreatment Standard, Pretreatment Standard, or Standard. Any regulation containing pollutant discharge limits adopted by the EPA in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, as amended, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR § 403.5, categorical pretreatment standards, and local limits provided in the sewer ordinance.
New Source. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commences after the publication of proposed pretreatment standards under § 307(c) of the act that will be applicable to such source if such standards are thereafter adopted in accordance with that section. Specific location and construction criteria for determining a new source are as defined in 40 CFR § 403.3(k), as revised.
Noncompliance. Any violation of Articles 1 through 10, the local limits, the industrial wastewater discharge permit, or National Categorical Standards.
Ocean Outfall. A conveyance system whereby treated wastewater is discharged to the marine receiving waters for final disposal.
Order or Director’s Order. A written determination, revocation, authorization, permission, direction, or document, including but not limited to a permit issued by the director pursuant to this chapter.
Owner. Includes a holder in fee, life tenant, executor, administrator, trustee, guardian, or other fiduciary, lessee, or licensee holding under any government lease or license of real property.
Pass Through or Pass-Through. A discharge that exits the POTW into the waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the district’s NPDES permit, including an increase in the magnitude or duration of a violation, or that causes water quality standards established by the State or EPA to be exceeded.
Permit. See definition of “industrial wastewater discharge permit” in this section.
Person or Words Importing Persons, for Instance, Another, Others, Any, Anyone, Anybody, and the Like. Signifies not only individuals, but corporations, trusts, partnerships, limited liability companies, firms, associations, societies, communities, assemblies, inhabitants of a district or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense, and connection in which such words are used, that such construction is intended.
pH. The reciprocal of the logarithm of the hydrogen ion concentration. It indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity.
Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW. See definition of “publicly owned treatment works” in this section.
Pretreatment Requirement. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, applicable to an industrial user.
Pretreatment Standard. See definition of “national pretreatment standard” in this section.
Pretreatment System or Device. Any control equipment that performs the process of pretreatment.
Primary Treatment. A basic form of wastewater treatment that provides for removal of generally 30 percent of the suspended solids and 30 percent of the BOD5.
Private Sewer. A sewer, privately owned, which is not directly controlled by the department.
Public Sewer. A sewer directly controlled by the department.
Publicly Owned Treatment Works (POTW). A treatment works as defined by § 212 of the Federal Water Pollution Control Act, which is owned by a state or municipality (as defined by § 502(4) of the Federal Water Pollution Control Act). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the municipality as defined in § 502(4) of the Federal Water Pollution Control Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
Relief Sewer. A sewer constructed to relieve an existing line or lines determined to be structurally defective or inadequate and of insufficient capacity.
SADWF. See definition of “seasonal average dry weather flow” in this section.
Sanitary Sewer. A sewer the specific purpose of which is to carry only sanitary sewage.
Seasonal Average Dry Weather Flow (SADWF). The average daily flow during the month of maximum wastewater discharge for each seasonal discharger.
Secondary Treatment. An advanced form of wastewater treatment that provides for removal of 85 percent of the suspended solids and 85 percent of the BOD5, minimum.
Self-Monitoring. Wastewater sampling performed by an industrial user in accordance with the municipality’s pretreatment program. Self-monitoring requirements will be specified in the industrial wastewater discharge permit.
Septic Tank. A watertight settling tank in which settled sludge is in immediate contact with the sewage flowing through the tank and the organic solids are decomposed by an aerobic bacterial action.
Sewage. The waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer, a private sewer, or by means of a household sewage disposal system.
Sewage Pump Station. Any arrangement of devices within a structure used for lifting and forcing out sewage.
Sewage Treatment Plant. Any arrangement of devices and structures for treating sanitary sewage and industrial wastes excluding cesspools, individual household septic tank systems, and individual household aerobic units.
Sewer. A pipe or conduit for carrying sewage.
Sewer, Building or House. That portion of a pipe or conduit carrying sanitary sewage or industrial wastes, or both, from a building to the public sewer or a common sewer.
Sewer, Private. A sewer, privately owned, which is not directly controlled by the department.
Sewer, Public. A sewer directly controlled by the department.
Sewer System. A system of piping, with appurtenances, for collecting and conveying sewage from source to discharge.
Shall. Is mandatory.
Significant Industrial User. Defined as:
(1) All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) Any other industrial user that:
(A) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(B) Contributes to a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; and
(C) Is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
Significant Noncompliance. A significant industrial user (or any industrial user that violates 40 CFR § 403.8(f)(2)(viii)(C),(D), or (H)) is in significant noncompliance, as defined in 40 CFR § 403.8(f)(2)(viii), if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(l);
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by CFR § 403.3(l), multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement, as defined by 40 § CFR 403.3(l), (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, or to the environment, or has resulted in the POTW’s exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B) and § 43-1.4 to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation of BMPs, that the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
Slug. Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge as defined under 40 CFR § 403.8(f)(2)(vi) that has a reasonable potential to cause interference or pass-through, or in any other way violate the city's regulations, local limits, or permit conditions.
Storm Drain. A slotted opening leading to an underground pipe or an open ditch for carrying surface runoff.
Storm Sewer. A sewer that carries only stormwater.
Stormwater. Runoff from a storm event, and surface runoff and drainage.
Subdivision. A division of a piece of property into two or more lots.
Suspended Solids. Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids; and which are largely removable by laboratory filtering and as determined by the appropriate procedure in “Standard Methods.”
Toxic Pollutant. Any pollutant listed as toxic under § 307(a)(1) of the Federal Water Pollution Control Act.
Toxic Substances. Any substance whether gaseous, liquid, or solid, which when discharged to the sewer system in sufficient quantities may tend to interfere with any sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant.
User. An individual, establishment, or industry using any part of the public sewer.
Waste Hauler. Any person carrying on or engaging in any one of more of the following: the collection, vehicular transport, or disposal of wastewater.
Wastewater. Any liquid waste of any kind, whether treated or not, and whether animal, mineral, or vegetable, including sewage, agricultural, industrial, and thermal wastes.
Wastewater System Facility Charge. A fee levied against:
(1) A new applicant for service, for the privilege of connecting its property to the city’s wastewater system; and
(2) An existing user of the city’s wastewater system, for the privilege of increasing its prior use of the city’s wastewater system or for any enlargement of existing structures.
Wastewater System Facility Charge Increment. The fee levied against the applicant who increases the applicant’s entitlement. The fee is determined by subtracting the applicant’s current ESDU from the applicant’s future ESDU.
(Sec. 11-1.2, R.O. 1978 (1983 Ed.) (1990 Code, Ch. 14, Art. 1, § 14-1.2) (Am. Ords. 90-80, 91-86, 91-93, 93-04, 93-32, 94-46, 94-73, 96-58, 01-64, 02-14, 12-7, 21-28)