HAR §11-451-3. by one or more individuals

"Environment" means any waters, including surface water, groundwater, or drinking water supply, any land surface or any subsurface strata, or any ambient air within the State of Hawaii or under the jurisdiction of the State. "EPA" means the U.S. Environmental Protection Agency. "Facility" means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works plant), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance, pollutant, or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located; but does not include any consumer product in consumer use. "Fund" means the environmental response revolving fund established pursuant to section 128D-2, HRS. "Ground water" means water in a saturated zone or stratum beneath the surface of land or water. "Hazardous substance" means hazardous substance as defined in section 128D-1, HRS, and designated in section 11-451-5. "Interim remedial action" means a discrete remedial action or series of remedial actions that comprises an incremental step toward comprehensively addressing a release or threat of release of a hazardous substance or pollutant or contaminant. This discrete portion of a remedial action manages migration, or eliminates or mitigates a release, threat of a release, or pathway of exposure. The cleanup of a facility or vessel can be divided into a number of interim remedial actions, depending on the complexity of the problems associated with the facility or vessel. Interim remedial actions may address geographical portions of a site, specific facility or vessel problems, or initial phases of a remedial action, or may consist of any set of actions performed over time or any actions that are concurrent but located in different parts of a site. Interim remedial actions should not conflict with, be inconsistent with nor preclude implementation of the expected final remedial action. "Natural resources" means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Hawaii, any county, or by the United States to the extent that the latter is subject to state law. "Navigable water" means the waters of the United States including the territorial seas. The term includes: 451-5 1853 §11-451-3 (1) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (2) Interstate waters, including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (A) That are or could be used by interstate or foreign travelers for recreational or other purposes; (B) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; (C) That are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as navigable waters under this section; (5) Tributaries of waters identified in paragraphs (1) through (4) of this definition, including adjacent wetlands; and (6) Wetlands adjacent to waters identified in paragraphs (1) through (5) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. "Oil" means crude oil and any fraction or residue thereof, in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes. "On-Scene-Coordinator" means the state official designated by the department to coordinate and direct state response actions under this chapter. "Order" means administrative, compliance, director's, or any other orders as may be issued by the department pursuant to chapter 128D, HRS, these rules, or judicial proceedings. "Owner or operator" means (1) in the case of a vessel, any person owning, operating, bareboat chartering, or chartering by demise the vessel, (2) in the case of an onshore facility or an offshore facility, any person owning or operating the facility, and (3) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or 451-6 1853 :