reglab/housing_qa huggingface dataset:
HI Rev Stat § 342P-24 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-24 Knowing endangerment.

 §342P-24  Knowing endangerment. (a) Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, upon conviction, shall be fined not more than $250,000 or imprisoned for not more than fifteen years, or both.  (b) A person that is an organization, upon conviction of violating this section, shall be fined not more than $1,000,000.  (c) For the purpose of this section, in determining whether a defendant who is an individual knew that the individual's conduct placed another person in imminent danger of death or serious bodily injury:  (1) The person shall be responsible only for actual awareness or actual belief that the person possessed; and  (2) Knowledge possessed by a person other than the defendant but not by the defendant, may not be attributed to the defendant, except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself or herself from relevant information.  (d) It shall be an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:  (1) An occupation, a business, or a profession; or  (2) Medical treatment or medical or scientific experimentation conducted by professionally-approved methods and the other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this section by a preponderance of the evidence.  (e) As used in this section:  "Organization" means a legal entity, other than a government, established or organized for any purpose. The term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.  "Serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [L 1991, c 219, pt of §1; am L 1998, c 242, §12]
HI Rev Stat § 342P-25 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-25 False statements.

  §342P-25  False statements. (a) Any person who knowingly makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a misdemeanor.  (b) A person that is an organization, upon conviction of violating this section, shall be fined not more than $20,000. [L 1991, c 219, pt of §1]
HI Rev Stat § 342P-26 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-26 Injunctive and other relief.

 §342P-26 Injunctive and other relief. The director may institute a civil action for injunctive and other relief in any environmental court of competent jurisdiction to prevent the 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 may grant relief in accordance with the Hawaii rules of civil procedure. L 1991, c 219, pt of §1; am L 1995, c 180, §41; am L 2014, c 218, §8 Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342P-27 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-27 Appeal.

  §342P-27  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 shall not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1991, c 219, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 342P-28 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-28 Fees.

 §342P-28 Fees. The director may establish reasonable fees for the issuance of notifications, certificates, licenses, 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. The fees shall be deposited to the credit of the asbestos and lead abatement special fund or noise, radiation, and indoor air quality special fund. [L 1991, c 219, pt of §1; am L 1998, c 242, §13 and c 311, §20; am L 1999, c 18, §7] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342P-29 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-29 Public records; confidential information; penalties.

 §342P-29 Public records; confidential information; penalties. Asbestos or lead abatement applications and reports on emissions or lead violations submitted to the department shall be made available for inspection by the public during established office hours unless the 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 342P-4, 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 any rule or standard adopted pursuant to this chapter, shall be fined not more than $1,000. [L 1991, c 219, pt of §1; am L 1998, c 242, §14] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342P-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-30 Other action not barred.

  §342P-30  Other action not barred. No existing civil or criminal remedy for any wrongful action that is in violation of any statute or any rule of the department or ordinance of any county, shall be excluded or impaired by this chapter. [L 1991, c 219, pt of §1]
HI Rev Stat § 342P-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-31 Enforcement by state and county authorities.

 §342P-31 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, permits, and variances of the department. [L 1991, c 219, pt of §1; am L 1998, c 242, §15]
HI Rev Stat § 342P-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-32 Other powers of department not affected.

  §342P-32  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 1991, c 219, pt of §1]
HI Rev Stat § 342P-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-33 Effect of laws, ordinances, and rules.

 §342P-33  Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.  (b) Any county may adopt ordinances and rules governing any matter relating to asbestos or lead abatement that are not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to asbestos or lead abatement shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1991, c 219, pt of §1; am L 1998, c 242, §16]
HI Rev Stat § 342P-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-34 Priority in courts.

  §342P-34  Priority in courts. All actions brought pursuant to this chapter, the rules adopted under this chapter, or the conditions of a permit issued under this chapter, at the discretion of the court, shall receive priority in the courts of the State. [L 1991, c 219, pt of §1] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342P-40 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-40 Prohibition.

Note Part heading amended by L 1998, c 242, pt of §3.  §342P-40 Prohibition. No person, including any public body, shall engage in any activity that causes a violation of this chapter. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
HI Rev Stat § 342P-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-41 Powers and duties; specific.

  §342P-41 Powers and duties; specific. The director may:  (1) Establish emission and lead hazard exposure standards for the State as a whole or for any part thereof, including an indoor nonoccupational exposure standard;  (2) Establish a model accreditation program as recommended by the United States Environmental Protection Agency for training for provider certification and accreditation requirements;  (3) Establish work practice standards and notification requirements for the demolition and renovation of facilities containing asbestos and for lead-based abatement activities in dwellings and child-occupied facilities; and  (4) Establish procedures for issuance of reasonable fees for notifications, certifications, and licenses. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
HI Rev Stat § 342P-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-42 Recordkeeping and monitoring requirements.

 §342P-42 Recordkeeping and monitoring requirements. The director may require the owner or operator of any asbestos or lead abatement activity to:  (1) Establish and maintain such records;  (2) Make such reports;  (3) Install, use, and maintain such monitoring equipment or methods;  (4) Monitor hazards;  (5) Sample such emissions; and  (6) Provide such other information; as the department may require. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
HI Rev Stat § 342P-43 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-43 Complaints; hearings; appointment of masters.

  §342P-43 Complaints; hearings; appointment of masters. The director may:  (1) Receive or initiate complaints on asbestos pollution or lead hazard violations, hold hearings in connection with asbestos pollution or lead hazards violations, and institute legal proceedings in the name of the State for the prevention, control, or abatement of asbestos pollution or lead hazards; and  (2) Appoint a master or masters to conduct investigations and hearings. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
HI Rev Stat § 342P-44 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342P. Asbestos and Lead|342P-44 Research, education, and training programs.

  §342P-44 Research, education, and training programs. The director may:  (1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of asbestos pollution or lead hazards;  (2) With the approval of the governor, cooperate with, and receive money from, the federal government, or any political subdivision of the State, or private sources, for the study and control of asbestos pollution or lead hazards; and  (3) Conduct and supervise statewide educational and training programs on asbestos pollution or lead hazards prevention, control, and abatement, including the preparation and distribution of information relating to asbestos pollution or lead hazards. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
HI Rev Stat § 343-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-1 Findings and purpose.

 §343-1 Findings and purpose. The legislature finds that the quality of humanity's environment is critical to humanity's well being, that humanity's activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole.  It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations. [L 1979, c 197, §1(1); am L 1983, c 140, §4] Case Notes  Cited: 134 H. 86 (App.), 332 P.3d 688 (2014).
HI Rev Stat § 343-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-3 Public records and notice.

 §343-3 Public records and notice. (a) All statements, environmental assessments, and other documents prepared under this chapter shall be made available for inspection by the public during established office hours.  (b) The office shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that statements are required or not required, of the availability of statements for review and comments, and of the acceptance or nonacceptance of statements.  (c) The office shall inform the public of:  (1) A public comment process or public hearing if a federal agency provides for the public comment process or public hearing to process a habitat conservation plan, safe harbor agreement, or incidental take license pursuant to the federal Endangered Species Act;  (2) A proposed habitat conservation plan or proposed safe harbor agreement, and availability for inspection of the proposed agreement, plan, and application to enter into a planning process for the preparation and implementation of the habitat conservation plan for public review and comment;  (3) A proposed incidental take license as part of a habitat conservation plan or safe harbor agreement; and  (4) An application for the registration of land by accretion pursuant to section 501-33 or 669-1(e) for any land accreted along the ocean.  (d) The office shall inform the public by the publication of a periodic bulletin to be available to persons requesting this information. The bulletin shall be available through the office and public libraries. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(3); am L 1983, c 140, §6; am L 1992, c 241, §1; am L 1997, c 380, §8; am L 1998, c 237, §7; am L 2003, c 73, §3] Case Notes  Where there was no evidence that the city department of planning and permitting filed a notice with the office of environmental quality control pursuant to HAR §11-200-11.1 of its determination that a supplemental environmental impact statement was not required, there was no date from which to measure the thirty day limitation prescribed by §343-7(b) and §343-7(b) was thus inapplicable; in addition, given the plain and unambiguous language of §343-7 and this section, coupled with the related administrative rules, actual knowledge cannot be substituted for the public notice requirement. 123 H. 150, 231 P.3d 423 (2010).
HI Rev Stat § 343-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-4 REPEALED.

 §343-4 REPEALED. L 1983, c 140, §7.
HI Rev Stat § 343-5.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-5.5 Exception to applicability of chapter.

  §343-5.5 Exception to applicability of chapter. (a) Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter; provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.  (b) As used in this section:  "Discretionary consent" means:  (1) An action as defined in section 343-2; or  (2) An approval from a decision-making authority in an agency, which approval is subject to a public hearing.  "Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.  "Primary action" means an action outside of the highway or public right-of-way that is on private property.  "Secondary action" means an action involving infrastructure within the highway or public right-of-way. [L 2012, c 312, §1]
HI Rev Stat § 343-6.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-6.5 Waiahole water system; exemption.

  §343-6.5 Waiahole water system; exemption. The purchase of the assets of the Waiahole water system shall be specifically exempt from the requirements of chapter 343. [L 1998, c 111, §4]
HI Rev Stat § 343-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|343. Environmental Impact Statements|343-8 Severability.

 §343-8 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application; and to this end, the provisions of this chapter are declared to be severable. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(9)]
HI Rev Stat § 344-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|344. State Environmental Policy|344-1 Purpose.

  §344-1 Purpose. The purpose of this chapter is to establish a state policy which will encourage productive and enjoyable harmony between people and their environment, promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humanity, and enrich the understanding of the ecological systems and natural resources important to the people of Hawaii. [L 1974, c 247, pt of §1; gen ch 1993]
HI Rev Stat § 344-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|344. State Environmental Policy|344-2 Definitions.

  §344-2 Definitions. As used in this chapter unless the context otherwise requires:  "Agency" means any department, office, board, or commission of the State or county government that is a part of the executive branch of that government.  "Environment" means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. [L 1974, c 247, pt of §1] Revision Note  Numeric designations deleted.
HI Rev Stat § 344-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|344. State Environmental Policy|344-3 Environmental policy.

  §344-3 Environmental policy. It shall be the policy of the State, through its programs, authorities, and resources to:  (1) Conserve the natural resources, so that land, water, mineral, visual, air and other natural resources are protected by controlling pollution, by preserving or augmenting natural resources, and by safeguarding the State €™s unique natural environmental characteristics in a manner which will foster and promote the general welfare, create and maintain conditions under which humanity and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of the people of Hawaii.  (2) Enhance the quality of life by:  (A) Setting population limits so that the interaction between the natural and artificial environments and the population is mutually beneficial;  (B) Creating opportunities for the residents of Hawaii to improve their quality of life through diverse economic activities which are stable and in balance with the physical and social environments;  (C) Establishing communities which provide a sense of identity, wise use of land, efficient transportation, and aesthetic and social satisfaction in harmony with the natural environment which is uniquely Hawaiian; and  (D) Establishing a commitment on the part of each person to protect and enhance Hawaii €™s environment and reduce the drain on nonrenewable resources. [L 1974, c 247, pt of §1; gen ch 1993] Case Notes  Cited: 134 H. 86 (App.), 332 P.3d 688 (2014).
HI Rev Stat § 346-1.7 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-1.7 REPEALED.

  §346-1.7 REPEALED.  L 2012, c 178, §7.
HI Rev Stat § 346-2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-2 Appointment of personnel.

 §346-2 Appointment of personnel. The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of human services shall be appointed subject to any civil service law relating to state employees; in the event there is no civil service law in effect, then in accordance with a merit system meeting applicable federal requirement; provided that in the event of any conflict between applicable mandatory federal requirements and any state civil service law or regulations, the former requirements shall prevail. [L 1941, c 296, §1(3); RL 1945, §4803; RL 1955, §107-3; HRS §346-2; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4] Cross References  Civil service law, see chapter 76.