[§128E-1]  Definitions.  As used in thischapter, unless the context otherwise requires:

"Administrator" means theadministrator of the United States Environmental Protection Agency.

"CERCLA" means the ComprehensiveEnvironmental Response, Compensation and Liability Act of 1980, as amended, 42U.S.C. §§9601-9675.

"Commission" means the Hawaii stateemergency response commission.

"Committee" means the local emergencyplanning committee within each county responsible for preparing hazardousmaterial plans and performing other functions under the Emergency Planning andCommunity Right-to-Know Act of 1986 and [this chapter].

"County agency" means a county or anyofficer or agency thereof.

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"EPCRA" means the Emergency Planningand Community Right-to-Know Act of 1986, as amended, 42 U.S.C. §§11001-11050.

"Environment" means any waters,including surface water, ground water, or drinking water; any land surface orany subsurface strata; or any ambient air, within the State or under thejurisdiction of the State.

"Extremely hazardous substance" meansany substance listed in Appendix A of 40 Code of Federal Regulations Part 355,as amended, or as defined by rules adopted by the commission.

"Facility" means any building,structure, installation, equipment, pipe or pipeline (including any pipe into asewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment,ditch, landfill, storage container, motor carrier, rolling stock, aircraft,site, or area where a hazardous substance or pollutant or contaminant has beendeposited, stored, disposed of, or placed, or otherwise comes to be located. The term does not include any consumer product in consumer use.

"Hazardous material" or"hazardous substance" means any hazardous substance as defined inchapter 128D.

"HEPCRA" means the Hawaii EmergencyPlanning and Community Right-to-Know Act.

"Person" means an individual, firm,corporation, association, partnership, consortium, joint venture, commercialentity, state, county, commission, or, to the extent the United States or aninterstate body is subject to this chapter, the United States or the interstatebody.

"Release" means any spilling,leaking, pumping, pouring, emitting, emptying, discharging, injecting,escaping, leaching, dumping, or disposing of any hazardous substance, orpollutant or contaminant into the environment, including the abandonment ordiscarding of barrels, containers, and other closed receptacles containing ahazardous substance, or pollutant or contaminant.  The term does not include:

(1)  Any release that results in the exposure ofpersons solely within a workplace, with respect to claims that these personsmay assert against their employer;

(2)  Emissions from the engine exhaust of a motorvehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

(3)  Release of a source, byproduct, or specialnuclear material from a nuclear incident, as those terms are defined in theAtomic Energy Act of 1954, as amended, 42 U.S.C. §2011 et seq., if this releaseis subject to requirements with respect to financial protection established bythe Nuclear Regulatory Commission under 42 U.S.C. §2210;

(4)  Any release resulting from the normal applicationof fertilizer;

(5)  Any release resulting from the legal applicationof a pesticide product registered under the Federal  Insecticide, Fungicide,and Rodenticide Act, as amended; or

(6)  Any release from sewerage systems collecting andconducting primarily domestic wastewater.

"Reportable quantity" means thequantity of a hazardous material stated on the various lists of hazardoussubstances as defined in chapter 128D.

"Threshold planning quantity" meansthe threshold planning quantity for an "extremely hazardoussubstance" as defined in 40 Code of Federal Regulations Part 355.

"Toxic chemical" means a substanceappearing on the list of chemicals described in section 313 of the EmergencyPlanning and Community Right-to-Know Act of 1986, as set forth in 40 Code ofFederal Regulations Part 372. [L 1993, c 300, pt of §1]