reglab/housing_qa huggingface dataset:
HI Rev Stat § 342L-37 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-37 Underground storage tank and tank system change in service and closure requirements.

 §342L-37 Underground storage tank and tank system change in service and closure requirements. Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed from the ground of any responsibility to comply with the release response provisions in this chapter and any other requirements applicable to these owners and operators prior to the removal of the underground storage tanks or tank systems. The department, pursuant to chapter 91, shall adopt requirements for the change in service and temporary or permanent closure of underground storage tanks and tank systems, including requirements to prevent future releases of regulated substances into the environment. [L 1989, c 212, pt of §6; am L 1992, c 259, §28]
HI Rev Stat § 342L-50 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-50 Definitions.

Cross References Environmental response law, see chapter 128D.  §342L-50 Definitions. For the purpose of this part:  "Exposure assessment" means a determination regarding the extent of exposure of, or potential for exposure of, individuals to petroleum from a release from an underground storage tank or tank system. This assessment shall be based on factors such as the nature and extent of contamination, the existence of or potential for pathways of human exposure (including ground or surface water contamination, air emissions, dermal exposure, soil ingestion, and food chain contamination), the size of the community or communities within the likely pathways of exposure, an analysis of expected human exposure levels with respect to short-term and long-term health effects associated with identified contaminants, and any available recommended exposure or tolerance limits for the contaminants.  "Facility" means, with respect to any owner or operator, a single parcel of property (or any contiguous or adjacent property), including improvements, in or upon which all underground storage tanks or tank systems used for the storage of petroleum that are owned or operated by the owner or operator are located.  "Fund" means the leaking underground storage tank fund.  "Owner" means any person who falls within the definition of owner contained within part I but excluding a person who does not participate in the management of an underground storage tank or tank system and is otherwise not engaged in petroleum production, refining, and marketing but holds indicia of ownership primarily to protect a security interest in the tank or tank system. [L 1989, c 212, pt of §6; am L 1992, c 259, §29]
HI Rev Stat § 342L-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-51 Leaking underground storage tank fund.

 §342L-51 Leaking underground storage tank fund. (a) The department shall establish a revolving fund within the department which shall consist of moneys appropriated to the fund through federal grants, moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, and moneys given to the fund from other sources.  (b) Moneys from the fund shall be expended by the department for the sole purpose of responding to petroleum releases from underground storage tanks or tank systems in a manner consistent with this chapter.  (c) Moneys in the fund, which were appropriated to the fund through a federal grant and which have been collected by the department as part of its cost recovery efforts pursuant to section 342L-53, may be paid to the federal government when such repayment is required by a condition in the relevant federal grant. [L 1989, c 212, pt of §6; am L 1992, c 259, §30]
HI Rev Stat § 342L-53 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-53 Cost recovery.

 §342L-53 Cost recovery. (a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system shall be liable to the federal government or the department for these costs. The liability under this subsection shall be construed to be the standard of liability that obtains under section 311 of the Federal Water Pollution Control Act.  (b) In seeking cost recovery, the department may consider the amount of financial responsibility required to be maintained pursuant to section 342L-36 and the factors considered in establishing the amount of financial responsibility pursuant to section 342L-36.  (c) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any underground storage tank or tank system or from any person who may be liable for a release or threat of release under this section, to any other person, the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such an agreement for any liability under this section. Nothing in this chapter shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a provider of financial assurance, has or would have, by reason of subrogation or otherwise against any person.  (d) Moneys collected by the department as part of the cost recovery efforts pursuant to this section shall be deposited in the leaking underground storage tank fund established in section 342L-51. [L 1989, c 212, pt of §6; am L 1992, c 259, §32]
HI Rev Stat § 342L-61 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-61 Fuel tank advisory committee; established; composition.

Note Transfer of rights, powers, etc. of the task force to study fuel tank leaks to the fuel tank advisory committee. L 2016, c 244, §3.  §342L-61 Fuel tank advisory committee; established; composition. (a) There is established in the department of health the fuel tank advisory committee, which shall consist of up to fourteen ex officio members and at least two public members.  (b) The ex officio members of the committee shall be:  (1) The director of health, who shall serve as the committee's chair;  (2) The four members of Hawaii's congressional delegation, or their designees;  (3) The president of the Hawaii senate, or a senator appointed by the president of the senate;  (4) The speaker of the Hawaii house of representatives, or a representative appointed by the speaker of the house;  (5) The chairperson of the board of land and natural resources, or the chairperson's designee;   (6) The chairperson of the board of water supply of a county with a population of five hundred thousand or more, or the chairperson's designee; and  (7) The chairperson of the commission on water resource management, or the chairperson's designee.   (c) The following persons shall be invited to participate on the advisory committee as ex officio members:  (1) The Commanding General of the United States Army, Pacific, or the Commanding General's designee;  (2) The Commander of the Pacific Fleet of the United States Navy, or the Commander's designee;  (3) The Commander of the Pacific Air Forces, or the Commander's designee; and  (4) A representative from the United States Environmental Protection Agency, or the representative's designee.  (d) The governor shall appoint at least two public members from the community at large in accordance with section 26-34; provided that the advice and consent of the senate shall not be necessary.  (e) The public members of the advisory committee shall receive no salary, but shall be entitled to reimbursement for necessary expenses, including travel expenses. [L 2016, c 244, pt of §2]
HI Rev Stat § 342L-62 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-62 Duties.

  §342L-62 Duties. (a) The advisory committee shall study issues related to leaks of field-constructed underground fuel storage tanks at the Red Hill Bulk Fuel Storage Facility, Kuahua Peninsula, Pacific Missile Range Facility Barking Sands, Hickam Pol Annex, and Schofield Barracks Military Reservation. The advisory committee shall consider:  (1) The short- and long-term effects of leaks of the fuel tanks, including effects relating to the health of residents, safe drinking water, and the environment;  (2) Response strategies to mitigate the effects of leaks from fuel tanks;  (3) Methods to improve communication between the United States Navy, Air Force, and Army; the State; any local board of water supply; and the public in the event of a leak of any fuel tank;  (4) Groundwater test results in relation to the surrounding areas of fuel tank facilities, with a particular emphasis on the groundwater near the Red Hill Bulk Fuel Storage Facility;  (5) The implications of shutting down any fuel tank facility; and  (6) Updates on progress toward meeting goals of agreement between the State, the affected county, and the federal government.  (b) No later than twenty days before the convening of each regular session, the advisory committee shall submit a report of its findings, including groundwater test results, and recommendations, including any proposed legislation, to the legislature. [L 2016, c 244, pt of §2]
HI Rev Stat § 342P-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-1 Definitions.

  §342P-1 Definitions. As used in this chapter, unless the context otherwise requires:  "Abatement" means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to removal, enclosure, encapsulation, or disposal.  "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite.  "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 or issued pursuant to this chapter.  "Department" means the department of health.  "Director" means the director of health or a duly authorized agent, officer, or inspector.  "Emission" means the act of releasing or discharging asbestos into the ambient air from any source.  "Facility" means any institutional, commercial, public, private, or industrial structure, installation or building.  "Party" means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding.  "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.  "Renovation" means altering in any way one or more facilities or structural components of a facility.  "Repair" means the restoration of asbestos-containing material that has been damaged to seal exposed areas where asbestos fibers may be released, including the repair of enclosures around asbestos-containing materials. The term, as it relates to the repair of previously encapsulated asbestos-containing materials, includes filling damaged areas with asbestos substitute and re-encapsulating.  "Variance" means the act of deviating from the requirements of rules adopted under this chapter or a license granted by the director to deviate from these rules. [L 1991, c 219, pt of §1; am L 1998, c 242, §4] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342P-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-2 Administration.

  §342P-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 1991, c 219, pt of §1]
HI Rev Stat § 342P-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-3 Duties, rules, powers, appointment of hearings officers.

 §342P-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 provide for the review of asbestos and lead abatement plans and the inspection of abatement projects within the State.  (b) The director may make, amend, and repeal state rules controlling and prohibiting asbestos pollution and lead-based paint hazards and regulating asbestos and lead abatement. All rules shall be adopted pursuant to chapter 91. Any person heard at a public hearing to adopt these rules shall be given written notice of the action taken by the department with respect to the same.  (c) The director, without regard to chapter 76, may appoint hearings officers to conduct public participation activities, including public hearings and public informational meetings. [L 1991, c 219, pt of §1; am L 1998, c 242, §5; am L 2000, c 253, §150]
HI Rev Stat § 342P-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-4 Inspection of premises.

 §342P-4  Inspection of premises. The director, in accordance with any law, may enter and inspect any building or place to investigate an actual or suspected source, use, or presence of asbestos or lead to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, any permit or other approval granted by the department pursuant to this chapter, or any order issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. Nothing in this section shall be construed to permit a warrantless search of a single family residence, unless the owner or occupier of the dwelling has consented to such a warrantless search.  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 asbestos or lead, shall be disclosed by the official or employee except as it relates directly to asbestos or lead 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 1991, c 219, pt of §1; am L 1998, c 242, §6]
HI Rev Stat § 342P-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-6 Emergency powers; procedures.

 §342P-6  Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by an emission of asbestos or the presence of lead hazards that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the emission or lead hazards to immediately reduce or stop the emission or creating the lead hazard, and may take any and all other actions as may be necessary. The 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 that the governor or any other officer may have to declare an emergency or to act on the basis of such a declaration, if the power is conferred by statute or constitutional provision or inheres in the office. [L 1991, c 219, pt of §1; am L 1995, c 201, §7; am L 1998, c 242, §8]
HI Rev Stat § 342P-7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-7 Noise, radiation, and indoor air quality special fund; established.

  §342P-7 Noise, radiation, and indoor air quality special fund; established. (a) There is established within the department of health a noise, radiation, and indoor air quality special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and review, pursuant to sections 342F-14, 342P-28, 466J-4, and 466J-5.  (b) Moneys in the fund shall be expended by the department to:  (1) Partially fund the operating costs of the program mandated activities and functions;  (2) Fund statewide education, demonstration, and outreach programs;  (3) Provide training opportunities to ensure the maintenance of professional competence among staff and administrators; and  (4) Plan for future growth and expansion to meet emerging needs. [L 1998, c 311, pt of §18]
HI Rev Stat § 342P-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-8 Asbestos and lead abatement special fund.

  §342P-8 Asbestos and lead abatement special fund. (a) There is established within the department of health an asbestos and lead abatement special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and reviews.  (b) Moneys in the asbestos and lead abatement special fund shall be expended by the department to:  (1) Partially fund the operating costs of the asbestos and lead abatement program's mandated activities and functions;  (2) Fund statewide education, demonstration, and outreach programs;  (3) Provide for the accreditation of training programs;  (4) Provide training opportunities to ensure the maintenance of professional competence among staff and administrators; and  (5) Plan for future growth and expansion to meet emerging needs. [L 1998, c 242, pt of §1]
HI Rev Stat § 342P-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-20 Civil penalties.

  §342P-20 Civil penalties. (a) Any person who violates this chapter, any rule adopted by the department under this chapter, or any condition in a permit or variance issued 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 in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.  (b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building or place that the officer or employee is authorized to enter and inspect, shall be fined not more than $5,000. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1991, c 219, pt of §1; am L 1995, c 180, §39; am L 1998, c 242, §9; am L 2014, c 218, §8]
HI Rev Stat § 342P-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-21 Administrative penalties.

 §342P-21 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20.  (b) Factors to be considered in imposing an administrative penalty shall include:  (1) The nature and history of the violation and 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 shall be presumed that the violator's economic and financial conditions allow payment of the penalty; the burden of proof to the contrary shall be on the violator.  (d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:  (1) Notice was given;  (2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;  (3) The administrative penalty was imposed; and  (4) The penalty remains unpaid. [L 1991, c 219, pt of §1; am L 1995, c 180, §40]
HI Rev Stat § 342P-22 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-22 Negligent violations.

 §342P-22  Negligent violations. Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day for each violation or imprisoned for not more than one year, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, punishment shall be a fine of not more than $50,000 per day for each violation or imprisonment of not more than two years, or both. [L 1991, c 219, pt of §1; am L 1998, c 242, §10]
HI Rev Stat § 342P-23 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-23 Criminal penalties.

 §342P-23  Criminal penalties. Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, the person shall be fined not more than $100,000 per day for each violation or imprisoned for not more than six years, or both. [L 1991, c 219, pt of §1; am L 1998, c 242, §11]