For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Best Management Practices or BMPs. Pollution control measures, applied to nonpoint sources, on-site or off-site, to control erosion and the transport of sediments and other pollutants that have an adverse impact on waters of the State. BMPs may include a schedule of activities, the prohibition of practices, maintenance procedures, treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, or drainage from raw material storage.
Chief Engineer. The director and chief engineer of facility maintenance, or the director and chief engineer’s authorized representative.
City Standards. The storm drainage standards approved by the chief engineer, a copy of which shall be on file in the stormwater quality branch, department of facility maintenance. These standards are intended to be minimum standards only and are not to be construed as a guarantee to property owners adjacent to a drainage facility against flood or drainage damage.
Department. The department of facility maintenance of the City and County of Honolulu.
Developer. One who causes land to be developed.
Development. Land that is being developed or developed lands.
Discharge. The deposit, disposal, injection, dumping, spilling, leaking, or placing of any substance into a drainage facility or natural watercourse.
Domestic Wastewater. The water-carried wastes produced from noncommercial or nonindustrial activities and that result from normal human living processes.
Drainage Facility. Any city drainage structure or separate storm sewer system, including stream structures, constructed principally for the conveyance of storm and surface waters, street wash, or drainage.
Drainage Problem. The discharge of effluent or a pollutant onto a public right-of-way or into a drainage facility, or both, that causes the hydraulic capacity of that drainage facility to be exceeded and results in flooding. This definition includes the discharge of a pollutant that reduces the hydraulic capacity of a drainage facility by the deposit of solids therein.
Effluent. Any substance other than stormwater runoff that is discharged onto a public right-of-way or into a drainage facility, or both, including nonstormwater discharges that are not sources of pollutants, and any NPDES-permitted discharges.
Engineering Control Facility. Any drainage device such as a basin, well, pond, ditch, dam, or excavation used for the temporary or permanent storage of stormwater by means of detention, retention, divergence, or infiltration for the purpose of reducing stormwater volume or peak storm discharge flows, or both, and which may provide gravity settling of particulate pollutants. It includes but is not limited to detention ponds, retention ponds, infiltration wells or ditches, holding tanks, diversion ditches or swales, drainpipes, check dams, and debris basins.
Flood or Flooding. The inundation to a depth of 3 inches or more of any property not ordinarily covered by water. The terms shall not apply to inundation caused by tsunami wave action.
Hazardous Substance. Has the same meaning as defined in HRS § 342D-38.
Industrial Wastewater. All water-carried wastes and wastewater, excluding domestic wastewater.
Maximum Extent Practicable or MEP. Economically achievable measures for the control of the addition of pollutants from existing and new categories and classes of nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint source pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives.
National Pollutant Discharge Elimination System Permit or NPDES Permit. The permit issued to the city pursuant to Title 40 CFR Part 122, Subpart B, § 122.26(a)(1)(iii), for stormwater discharge from the city’s separate storm sewer systems; or the permit issued to a person or property owner for a stormwater discharge associated with industrial activity pursuant to Title 40 CFR Part 122, Subpart B, § 122.26(a)(1)(ii), or other applicable sections of Part 122; or the permit issued to a person or property owner for the discharge of any pollutant from a point source into State waters through the city’s separate storm sewer system pursuant to Hawaii Administrative Rules, Chapter 11-55, “Water Pollution Control.”
Person. Includes corporations, estates, associations, partnerships, and trusts, as well as one or more individuals.
Pollutant. Any waste, cooking or fuel oil, waste milk, waste juice, pesticide, paint, solvent, radioactive waste, hazardous substance, sewage, dredged spoils, chemical waste, rock, sand, biocide, toxic substance, construction waste and material, and soil sediment. The term also includes commercial FOG waste as defined under § 43-5A.1.
Pollution Problem. The discharge of any pollutant into State waters directly or by conveyance through a drainage facility that creates a nuisance or adversely affects the public health, safety, or welfare, or causes a drainage facility to violate the city National Pollutant Discharge Elimination System permit or violates any State water quality standards.
Private Storm Drain Connection. Any conveyance of stormwater, including but not limited to any drainage pipe, ditch, or swale connected to any drainage facility or separate storm sewer system, including any curb or gutter.
Property Owner. The fee simple owner of record, lessee of record, administrator, administratrix, executor, executrix, personal representative, receiver, trustee, property management agent, or any other individual, corporation, or unincorporated association who has the use, control or occupation of land with claim of ownership, whether the owner’s interest be in absolute fee or a lesser estate.
Redevelopment. Developed land which is subsequently subdivided or redeveloped or renovated.
Relief Drain. An additional drainage facility or an enlarged facility constructed in place of any existing drainage system.
Remedial Work. The construction or installation of catch basins or other devices to resolve localized drainage problems.
Separate Storm Sewer. A conveyance or system of conveyance including city roads and streets with drainage systems, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned by the city, and designated or used for collecting or conveying stormwater.
State Waters. Has the same meaning as defined in HRS § 342D-1.
Stormwater. Stormwater runoff, surface runoff, street wash, or drainage, and may include discharges from fire fighting activities.
Stormwater Runoff Associated with Industrial Activity. Stormwater discharge associated with industrial activity as defined in Title 40 CFR Part 122, Subpart B, § 122.26(b)(14).
Water Quality Standards. The State water quality standards adopted pursuant to HRS § 342D-5.
(Sec. 16-6.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 14, Art. 12, § 14-12.2) (Am. Ords. 92-122, 96-34, 02-14)