Terms Used In Hawaii Revised Statutes 342D-101

  • Act: means the Clean Water Act (formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), P. See Hawaii Revised Statutes 342D-1
  • Commercial passenger vessel: means a vessel that carries passengers for hire. See Hawaii Revised Statutes 342D-101
  • Effluent: means any substance discharged into state waters, publicly owned treatment works, or sewerage systems, including, but not limited to, sewage, waste, garbage, feculent matter, offal, filth, refuse, any animal, mineral, or vegetable matter or substance, and any liquid, gaseous, or solid substances. See Hawaii Revised Statutes 342D-1
  • Passengers for hire: means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. See Hawaii Revised Statutes 342D-101
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342D-1
  • Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
  • Sewage: means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste. See Hawaii Revised Statutes 342D-101
  • Treated sewage: means sewage that meets all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same. See Hawaii Revised Statutes 342D-101
  • Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
  • Vessel: means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion. See Hawaii Revised Statutes 342D-101
  • Voyage: means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip. See Hawaii Revised Statutes 342D-101
  • waste: means any liquid, gaseous, and solid substance, whether treated or not, and whether or not it pollutes or tends to pollute state waters, and "waste" excludes industrial and agricultural substances that are not combined with substances from humans or household operations. See Hawaii Revised Statutes 342D-1

As used in this part:

“Commercial passenger vessel” means a vessel that carries passengers for hire. The term does not include a vessel:

(1) Authorized to carry fewer than fifty passengers;

(2) That does not provide overnight accommodations for at least fifty passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin; or

(3) Operated by the United States or a foreign government.

“Discharge” means any release, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.

“Hazardous substance” has the same meaning as defined in § 342D-38.

“Hazardous waste” has the same meaning as defined in § 342J-2.

“Large commercial passenger vessel” means a commercial passenger vessel that provides overnight accommodations for two hundred fifty or more passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin.

“Marine waters of the State” means those waters between the shoreline of the State and any point three nautical miles from the shoreline of the State.

“Offloading” means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works.

“Other wastewater” means sewage that is stored in or transferred to a ballast tank or other holding area on the vessel that may not be customarily used for storing sewage.

“Passengers for hire” means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

“Sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste.

“Small commercial passenger vessel” means a commercial passenger vessel that provides overnight accommodations for two hundred forty-nine or fewer passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin.

“Treated sewage” means sewage that meets all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same.

“Untreated sewage” means sewage that is not treated sewage.

“Vessel” means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion.

“Voyage” means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip. A vessel trip involving stops at more than one port of call is considered a single voyage so long as the majority of passengers for hire complete the entire trip.

“Wastewater” shall have the same meaning as “other wastewater”.