reglab/housing_qa huggingface dataset:
HI Rev Stat § 128D-33 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-33 Eligibility.

  §128D-33 Eligibility. (a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except:  (1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);  (2) Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;  (3) A site where the United States Coast Guard has issued a federal Letter of Interest;  (4) A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and  (5) A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.  (b) The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.  (c) The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §2]
HI Rev Stat § 128D-34 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-34 Application.

  §128D-34 Application. (a) For each site at which a requesting party chooses to conduct a voluntary response action, an application and $1,000 nonrefundable processing fee shall be submitted. In the case of a requesting party that is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it to be in the public interest.  (b) The department shall review each application in a timely manner and approve or deny the application based upon the requirements in this section and sections 128D-33 and [128D-35].  (c) Each application shall include but not be limited to the following information:  (1) The requesting party's name, mailing address, telephone number, facsimile number, if applicable, or electronic mail address;  (2) The property owners' names, mailing addresses, telephone numbers, facsimile numbers, if applicable, or electronic mail addresses;  (3) The property location, mailing address, street or physical location address, latitude and longitude, tax map key numbers, and telephone number for the requesting party;  (4) A brief description of the site, its operational history, and any known or suspected contamination;  (5) A listing of any permits obtained by any facility on the property;  (6) A description of the intended scope of work;  (7) A description of any civil, criminal, or administrative actions relative to the environmental matters of the subject property;  (8) A written consent by the property owner supporting the proposed voluntary response action including any restrictions of property rights; and  (9) The signature of the requesting party.  (d) The requesting party shall provide the department with any and all reports and data pertaining to environmental investigations or response actions on the subject property.  (e) Within sixty days after initial approval of the application, the requesting party and the department shall negotiate an agreement for conducting the voluntary response action. The agreement shall contain guarantees of completion, such as letters of credit, personal guarantees, insurance, or similar measures of guarantee. If, after sixty days, an agreement cannot be negotiated in good faith, the department may deny the application.  (f) The department's decision on an application shall be final, with no right of appeal. [L 1997, c 377, pt of §2; am L 2005, c 133, §3]
HI Rev Stat § 128D-35 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-35 Denial of application.

  §128D-35 Denial of application. (a) The director may deny an application submitted under section 128D-34. In denying an application, the director may consider the following:  (1) The nature and extent of any past, current, or future actions by the department regarding the proposed site and the impact the voluntary response action might have on these past, current, or future actions;  (2) Site eligibility based on the criteria in section 128D-33;  (3) Completeness and accurateness of the application:  (A) If an application is denied because it is incomplete or inaccurate, the director, not later than forty-five days after receipt of the application, shall identify the omission or inaccuracy for the requesting party. A requesting party whose application has been denied because it is incomplete or inaccurate, may resubmit an application for the same response action without submitting an additional application fee; and  (B) If a requesting party's application is denied a second time, the director may require an additional $1,000 processing fee for any subsequent submittal;  (4) Inappropriate or inadequate scope of work;  (5) Pending litigation;  (6) The capacity of the requesting party or the requesting party's agent to carry out the response action properly;  (7) Whether the public will receive substantial benefit from the cleanup, including but not limited to environmental improvement and economic development;  (8) Whether the continued operation of the site or new site development, with the exercise of due care, will aggravate or contribute to the existing contamination or interfere with the department's response action;  (9) Whether the continued operation or new development of the property will pose health risks to the community and those persons likely to be present at the site; or  (10) The financial viability of the prospective purchaser.  (b) If the director finally denies the application, the director shall:  (1) Notify the requesting party that the application has been denied; and  (2) Explain the reasons for denial of the application. [L 1997, c 377, pt of §2; am L 1998, c 233, §3]
HI Rev Stat § 128D-36 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-36 Funding.

  §128D-36 Funding.  (a) The department shall establish an account, to be called the voluntary response action account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this part.  (b) The $1,000 nonrefundable application fee shall be deposited into the voluntary response action account.  (c) Upon initial approval of an application, the department may require a deposit of up to $5,000 to initiate a site-specific account. The department may require an additional deposit of up to $5,000, whenever the balance of the site-specific account falls below $1,000.  (d) If a site-specific account balance is inadequate to support oversight, the department may discontinue oversight on the voluntary response action. The department may pursue enforcement action against the requesting party and any other person liable under section 128D-6, pursuant to part I of this chapter, when an account balance is inadequate to support further oversight by the department.  (e) At the completion of the voluntary response action, or at the termination of the agreement, except when the voluntary response action requires continuing oversight, the department shall provide a final accounting of the site-specific account and return the balance to the requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §4]
HI Rev Stat § 128D-37 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-37 Oversight costs.

  §128D-37 Oversight costs. (a) The department's oversight costs shall be calculated at $100 for each hour of staff time plus actual expenses incurred or one hundred twenty-five per cent of actual cost when contracting for oversight services. If a requesting party is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it to be in the public interest.  (b) The department shall provide each requesting party or parties a summary of the oversight costs for the party's specific site on an annual basis. [L 1997, c 377, pt of §2; am L 2005, c 133, §5]
HI Rev Stat § 128D-38 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-38 Exempt positions.

 §128D-38 Exempt positions. There are established such positions as necessary to support the voluntary response program and other voluntary activities pursuant to this chapter. These positions shall be appointed by the director without regard to chapter 76. These positions shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1997, c 377, pt of §2; am L 2000, c 253, §150; am L 2005, c 133, §6]
HI Rev Stat § 128D-39 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-39 Letter of completion

  §128D-39 Letter of completion. (a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party.  (b) The letter of completion shall identify the specific hazardous substances, pollutants, contaminants, media, and land area addressed in the response action.  (c) If contamination is left on the site, the letter of completion shall specify terms and conditions necessary to protect the public health and environment.  (d) The letter of completion shall be noted on the property deed and shall be sent to the county agency that issues building permits. The exemption from future liability and other benefits and restrictions identified in the letter of completion shall run with the land and apply to all future owners of the property. The exemption from liability noted in section 128D-40 shall not apply to those persons who were liable pursuant to section 128D-6 prior to conducting the voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §4; am L 2005, c 133, §7]
HI Rev Stat § 128D-40 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-40 Exemption from liability.

 §128D-40 Exemption from liability. (a) To qualify for an exemption from liability, a requesting party that is also a prospective purchaser shall enter into a voluntary response agreement with the department prior to becoming the owner or operator of the property that is the subject of the agreement.  (b) Prospective purchasers who complete a voluntary response action and receive a letter of completion from the department are exempt from future liability to the department for those specific hazardous substances, pollutants, contaminants, media, and land area addressed in the voluntary response action and specified in a letter of completion from the department. Prospective purchasers of property for which an owner has completed a voluntary response action and received a letter of completion from the department are exempt from future liability to the department for those specific hazardous substances, pollutants, contaminants, media, and land area addressed in the voluntary response action and specified in the letter of completion issued to the party who conducted the voluntary response action.  (c) The exemption from future liability to the department referenced in subsection (b) applies only to those specific hazardous substances, pollutants, and contaminants cleaned up to a risk-based standard of not more than one total lifetime cancer risk per one million and only to the specific media and land area addressed in the voluntary response action; provided that the exemption only applies to the contamination which occurred prior to conducting the voluntary response action.  (d) A party who is exempt from future liability to the department under subsections (b) and (c) shall not be liable for claims for contribution or indemnity regarding matters addressed in the voluntary response action.  (e) The department reserves the right to take action consistent with this chapter against responsible parties.  (f) The exemption from liability shall not be effective:  (1) If a letter of completion is acquired by fraud, misrepresentation, or failure to disclose material information;  (2) Where transactions were made for the purpose of avoiding liability under part I; or  (3) If a prospective purchaser fails to comply with the terms and conditions specified in the letter of completion.  (g) There shall be no exemption from liability for other laws or requirements. [L 1997, c 377, pt of §2; am L 1998, c 233, §5; am L 2005, c 133, §8]
HI Rev Stat § 128D-41 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-41 Termination of voluntary response action

  §128D-41 Termination of voluntary response action. (a) An agreement under this part may be terminated by the requesting party at any time.  (b) The director may terminate an agreement pursuant to this section when:  (1) There is an imminent and substantial threat to public health, the environment, or natural resources;  (2) The requesting party is not acting in good faith;  (3) Inadequate funds remain in the site-specific account;  (4) An applicant becomes ineligible after initiating the action pursuant to sections [128D-33] and [128D-35];  (5) An applicant fails to comply with the terms of the agreement noted in section [128D-34(e)]; or  (6) The draft remedial action is inadequate.  (c) Termination of the agreement pursuant to this section does not affect any right the director may have under any law to recover costs or to take enforcement action.  (d) Nothing in this part prohibits the department from taking enforcement action prior to completion of the voluntary response action. Furthermore, the director may, at any time, use the director's authority under section 128D-4 when it is deemed necessary. [L 1997, c 377, pt of §2]
HI Rev Stat § 128E-3 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-3 Powers; rulemaking; appointment of hearing officers.

  §128E-3 Powers; rulemaking; appointment of hearing officers. (a) The commission may adopt rules in accordance with chapter 91 to implement this chapter. The rules shall include, but not be limited to, requirements for reporting releases. Any person heard at a public hearing on the adoption of any rule shall be given written notice of the action taken by the commission with respect to the rule.  (b) In addition to other specific powers provided in this chapter, the commission may appoint, without regard to chapter 76, hearing officers to conduct public participation activities, including public hearings and public informational meetings. [L 1993, c 300, pt of §1; am L 2000, c 253, §150]
HI Rev Stat § 128E-4 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-4 Establishment of emergency planning districts.

  §128E-4 Establishment of emergency planning districts. Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department shall be responsible for Kalawao county. [L 1993, c 300, pt of §1]
HI Rev Stat § 128E-7 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-7 Emergency notification requirements.

  §128E-7 Emergency notification requirements. The commission shall adopt rules in accordance with chapter 91 establishing the contents of hazardous substance release reports. The rules shall address, but are not limited to, the following:  (1) The quantities of designated hazardous substances that are deemed reportable pursuant to this chapter when released;  (2) The specific periods of time within which these quantities are deemed reportable pursuant to this chapter after being released;  (3) The agencies to which reports of releases must be made; and  (4) The format in which the release is to be reported. [L 1993, c 300, pt of §1]
HI Rev Stat § 128E-8 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-8 Funds for operation.

  §128E-8 Funds for operation. (a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this chapter.  (b) All moneys to meet the general operating needs and expenses of the emergency planning and community right-to-know program of the department shall be allocated by the legislature through appropriations out of the state general fund and the environmental response revolving fund; provided that the appropriations from the environmental response revolving fund shall not exceed the amount of moneys collected from the filing fees assessed in section 128E-9. The department shall include in its budgetary request for each upcoming fiscal period the amounts necessary to effectuate the purposes of this chapter.  (c) The department of health, with the assistance of the department of budget and finance and department of accounting and general services, shall prepare a report for the legislature concerning the amount of moneys collected during the preceding fiscal year, the amount of moneys collected to date during the current fiscal year, and the amount of moneys to be collected during the upcoming fiscal year, pursuant to sections 128E-9 and 128E-11. The department shall submit the foregoing report to the legislature not less than twenty days prior to the convening of each regular session of the legislature. [L 1993, c 300, pt of §1; am L 1997, c 260, §4]
HI Rev Stat § 128E-9 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-9 Filing fees.

  §128E-9 Filing fees. Facilities that are required to report according to section 128E-6(a)(2), shall remit $200 with each submission of chemical inventory forms or Tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this section shall be deposited in the state treasury and accrue to the credit of the environmental response revolving fund established in section 128D-2. [L 1993, c 300, pt of §1; am L 1997, c 260, §5; am L 2017, c 162, §2]
HI Rev Stat § 128E-10 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-10 Immunity from civil liability.

  §128E-10 Immunity from civil liability. (a) No employee, representative, or agent of a state or county agency, or persons requested by a state or county agency to engage in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site, shall be liable for the death of or any injury to persons, or the loss of or damage to property, resulting from that hazardous material release, except for any acts or omissions that constitute wilful misconduct.  (b) No commission or committee member shall be liable for the death of or any injury to persons, the loss of or damage to property, or any civil damages, resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the commission or a committee, except for acts or omissions that constitute wilful misconduct. [L 1993, c 300, pt of §1]
HI Rev Stat § 128E-11 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-11 Penalties and fines.

  §128E-11 Penalties and fines. (a) Any person who violates any of the emergency reporting, planning, or notification requirements of section 128E-6 or 128E-7, or fails to pay the fees required by section 128E-9, shall be subject to a civil penalty of not less than $1,000 but not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense.  (b) Any person who:  (1) Knowingly fails to report the release of a hazardous substance or extremely hazardous substance, as required by section 128E-7, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $1,000 but not more than $25,000 for each separate offense, or imprisoned for not more than one year, or both. For the purposes of this paragraph, each day of each violation shall constitute a separate offense; or  (2) Intentionally obstructs or impairs, by force, violence, physical interference, or obstacle, a representative of the department, a hazardous materials response team, or a committee attempting to perform the duties and functions set forth in section 128E-5, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $5,000 but not more than $25,000 for each separate offense, or be imprisoned for not more than one year, or both.  (c) All moneys collected under this section shall be deposited in the state treasury and accrue to the credit of the state general fund. [L 1993, c 300, pt of §1]
HI Rev Stat § 128E-12 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-12 Enforcement.

  §128E-12 Enforcement. If the commission determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the commission:  (1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable time during which the facility shall submit the required reports, forms, and notifications;  (2) May require the alleged violator or violators to appear before the commission for a hearing at a time and place specified in the notice or to be set later, and to answer the charges complained of; and  (3) May impose penalties as provided in section 128E-11 by sending a written notice describing the violation, either by certified mail or personal service, to the alleged violator or violators. [L 1993, c 300, pt of §1]
HI Rev Stat § 128E-13 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128E. Hawaii Emergency Planning and Community Right-to-Know Act|128E-13 Relationship to other laws.

  §128E-13 Relationship to other laws. (a) This chapter shall be read in conjunction with the federal statutes and regulations providing for the identification, labeling, and reporting of information concerning hazardous material releases, and any other health and safety provisions relating to hazardous materials, and is intended to supplement federal statutes and regulations in the interest of protecting the health and safety of the citizens of the State.  (b) Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other laws of the State.  (c) This chapter shall preempt any ordinances passed or adopted by any county that are effective on, before, or after June 21, 1993, to the extent that these ordinances conflict or are inconsistent with the provisions of this chapter. [L 1993, c 300, pt of §1] Revision Note  "June 21, 1993" substituted for "the effective date of this chapter".
HI Rev Stat § 128F-1 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128F. Emergency Management Assistance Compact|128F-1 Name.

  §128F-1 Name. This chapter may be cited as the Emergency Management Assistance Compact. [L 2006, c 55, pt of §2]