reglab/housing_qa huggingface dataset:
HI Rev Stat § 342E-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342E. Nonpoint Source Pollution Management and Control|342E-1 Definitions.

  §342E-1 Definitions. As used in this chapter, unless the context clearly requires otherwise:  "Department" means the department of health.  "Director" means the director of health.  "Nonpoint source pollution" means water pollution that does not originate from a point source.  "Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity.  "Point source pollution" means pollution from any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.  "Pollution" means water pollution.  "Program" means the nonpoint source pollution management and control program established within the department pursuant to this chapter.  "State waters" means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. [L 1993, c 345, pt of §2]
HI Rev Stat § 342E-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342E. Nonpoint Source Pollution Management and Control|342E-2 Nonpoint source pollution management and control program; rules.

  §342E-2 Nonpoint source pollution management and control program; rules. (a) There is established within the department a nonpoint source pollution management and control program to administer, enforce, and carry out all laws, rules, and programs relating to nonpoint source pollution in the State. The program may request the assistance of the clean water branch staff of the department, whenever necessary, in administering this chapter and, upon request, shall assist in the implementation and enforcement of chapter 342D.  (b) The nonpoint source pollution management and control program shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1993, c 345, pt of §2]
HI Rev Stat § 342E-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342E. Nonpoint Source Pollution Management and Control|342E-4 Civil penalties.

 [ §342E-4] Civil penalties. (a) Any person who violates any rule adopted under this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.  (b) Any person who denies, obstructs, or hampers the entrance to and inspection by any duly authorized officer or employee of the department of any building, place, or vehicle shall be fined not more than $5,000 for each day of such a denial, obstruction, or hampering. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.  (c) Any fine or penalty collected shall be placed in the environmental response revolving fund pursuant to section 128D-2. [L 1993, c 345, pt of §2]
HI Rev Stat § 342F-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-1 Definitions.

  §342F-1 Definitions. As used in this chapter, unless the context otherwise requires:  "Complaint" means any written charge filed with or by the department that a person is violating any provision of this chapter or any rule or order adopted pursuant to this chapter.  "dBA" means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "A" weighting network.  "dBC" means the C-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "C" weighting network.  "Decibel" means the unit for measuring the volume of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (0.0002 dynes per square centimeter).  "Department" means the department of health.  "Director" means the director of health.  "Excessive noise" means the presence of sound as measured by standard testing devices as established by the noise rules adopted by the department of a volume or in quantities and for durations which endangers human health, welfare or safety, animal life, or property or which unreasonably interferes with the comfortable enjoyment of life and property in the State or in such areas of the State as are affected thereby.  "Off-hour roadwork" means any roadway construction between the hours of 6 p.m. and 7 a.m., which would require a variance from the committee on noise rules in the department of health.  "Party" means each person or agency named as party or properly entitled to be a party in any court or agency proceeding.  "Permit" means written authorization from the director to construct, modify, or operate any excessive noise source. A permit authorizes the grantee to cause or emit excessive noise in a manner or amount, or to do any act, not forbidden by this chapter or by rules adopted under this chapter, but requiring review by the department.  "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.  "Pollution" means excessive noise.  "Variance" means special written authorization from the director to cause or emit excessive noise in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules adopted under this chapter.  "Vehicle" means any device in, upon, or by which any person or property is or may be transported or drawn, including boats and ships. [L 1989, c 212, pt of §3; am L Sp 2009, c 25, §4] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342F-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-2 Administration.

  §342F-2 Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-3 Duties, rules, powers, appointment of hearings officers.

  §342F-3 Duties, rules, powers, appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate noise pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting noise pollution. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.  (b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §3; am L 2000, c 253, §150]
HI Rev Stat § 342F-4.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-4.5 Projects exempt from noise permit requirements.

  §342F-4.5 Projects exempt from noise permit requirements. (a) Except as provided in subsection (b), any construction project:  (1) For a dwelling; or  (2) With a total cost of less than $250,000 based on the value of the project listed on the building permit, shall be exempt from the noise permit requirements of section 342F-4; provided that written notification of the intent to construct shall be submitted to the department by the person responsible for the construction project. The notification shall include information concerning the person responsible for the construction project, type of construction, location, and estimated duration of the construction project. The notification also shall include an acknowledgment that the construction project shall be subject to operational times and a maximum noise level of seventy-eight decibels when measured at any point at or beyond the property line of the construction premises.  (b) The exemption in subsection (a) shall not apply to any construction project which:  (1) Emits noise in excess of the maximum permissible sound levels established under the state community noise code adopted by the department which occur:  (A) Before 7:00 a.m. and after 6:00 p.m. on Monday to Friday;  (B) Before 9:00 a.m. and after 6:00 p.m. on Saturday; and  (C) On Sunday and holidays; or  (2) Uses hoe-rams or pile drivers; provided that subsection (a) shall not apply to a construction project that emits noise exceeding seventy-eight decibels, regardless of the time of occurrence of the noise.  (c) Violation of this section shall be subject to a fine not exceeding $100 per violation; provided that each day of a violation shall constitute a separate offense; and provided further that a violation exceeding five days shall be subject to the penalties under section 342F-9(b).  (d) As used in this section:  "Construction" means any or all activities including those activities necessary or incidental to the erection, demolition, renovation, or alteration of buildings.  "Dwelling" means a room or rooms connected together constituting an independent housekeeping unit for an individual or a family, and containing facilities for bathing, cooking, or both.  "Notification" means a formal notice to the department of the intent to construct a project exempt from noise permit requirements under subsection (a). [L 1999, c 57, pt of §1]
HI Rev Stat § 342F-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-6 Inspection of premises.

  §342F-6 Inspection of premises. The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official €™s or employee €™s employment in the prevention, control, or abatement of excessive noise shall be disclosed by the official or employee except as it relates directly to excessive noise and then, only in connection with the official €™s or employee €™s official duties and within the scope and course of the official €™s or employee €™s employment. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-8 Emergency powers; procedures.

  §342F-8 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the director determines that an imminent peril to the public health and safety is or will be caused by excessive noise, which requires immediate action, the director, with the approval of the governor and without public hearing, may order any person causing or contributing to the excessive noise to immediately reduce or stop such emission, or the director may take any and all other actions as may be necessary. Such order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.  (b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-9 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-9 Penalties.

 §342F-9 Penalties. (a) Violation of the vehicular noise control rules adopted by the department pursuant to this chapter shall constitute a violation as defined in section 701-107 and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $2,500 for each separate offense. Each day of violation shall constitute a separate offense.  (b) Any person who violates this chapter, any rule adopted pursuant to this chapter, other than vehicular noise control rules, or any permit or variance issued pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection, other than the penalty imposed for violations of vehicular noise control rules, shall be considered a civil action.  (c) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §3; am L 1991, c 157, §14; am L 1995, c 180, §17; am L 2014, c 218, §8]
HI Rev Stat § 342F-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-10 Citation.

  §342F-10 Citation. Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation by any person authorized to enforce such rules, hereinafter referred to as enforcement officer. The summons or citation shall be printed in the form hereinafter described, warning such person to appear and answer to the charge against the person at a certain place and at a time within seven days after the issuance of such summons or citation.  The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.  The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.  Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.  In the event any person fails to comply with a summons or citation issued to such person, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person €™s arrest. Failure to comply with a summons or citation is a misdemeanor. [L 1989, c 212, pt of §3; am L 2014, c 218, §8]
HI Rev Stat § 342F-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-11 Administrative penalties.

 §342F-11 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342F-9(b) and (c).  (b) Factors to be considered in imposing an administrative penalty include:  (1) The nature and history of the violation and of any prior violations;  (2) The economic benefit, if any, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply; and  (5) Any other matters that justice may require.  (c) It is presumed that the violator €™s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §3; am L 1995, c 180, §18]
HI Rev Stat § 342F-11.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-11.5 Disposition of collected fines and penalties.

  §342F-11.5 Disposition of collected fines and penalties. Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §3]
HI Rev Stat § 342F-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-12 Injunctive and other relief.

 §342F-12 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §3; am L 1995, c 180, §19; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342F-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-13 Appeal.

  §342F-13 Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party €™s principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §3; am L 2014, c 218, §8]
HI Rev Stat § 342F-14.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-14.5 Fees for notification.

  §342F-14.5 Fees for notification. The director may establish reasonable fees for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community noise rules. [L 1999, c 57, pt of §1]
HI Rev Stat § 342F-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-14 Fees.

 §342F-14 Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). All fees collected pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7. [L 1989, c 212, pt of §3; am L 1994, c 169, § §5, 9; am L 1996, c 164, §1; am L 1998, c 311, § §16, 19] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342F-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-15 Public records; confidential information; penalties.

  §342F-15 Public records; confidential information; penalties. Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342F-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §3] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342F-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-16 Nonliability of department personnel.

  §342F-16 Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member €™s, officer €™s, or employee €™s duties; provided that this section shall not apply to violations of section 342F-15. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-17 Other action not barred.

  §342F-17 Other action not barred. No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-18 Enforcement by state and county authorities.

  §342F-18 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-19 Other powers of department not affected.

  §342F-19 Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §3]
HI Rev Stat § 342F-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-20 Effect of laws, ordinances, and rules.

  §342F-20 Effect of laws, ordinances, and rules. Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17. [L 1989, c 212, pt of §3; am L 1999, c 265, §3]
HI Rev Stat § 342F-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342F. Noise Pollution|342F-21 Priority in courts.

  §342F-21 Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §3] Note  The amendment made by L 2014, c 218, §8 is not included in this section.