reglab/housing_qa huggingface dataset:
HI Rev Stat § 174C-92 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-92 Registration of existing stream diversion works.

  §174C-92 Registration of existing stream diversion works. Any person owning or operating a stream diversion works within or outside of a water management area shall register such work with the commission. Registration shall be on the forms provided by the commission. Reporting requirements on the registration forms shall be reasonable. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-93 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-93 Permits for construction or alteration.

  §174C-93 Permits for construction or alteration. No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from the commission. The commission may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the State and the affected county. Nothing in this section shall be construed to be inconsistent with part IV.  A person proposing to construct or alter a stream diversion work shall apply to the commission for a permit authorizing such construction or alteration. The application shall contain the following:  (1) Name and address of the applicant;  (2) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;  (3) Location of the work;  (4) Engineering drawings showing the detailed plans of construction;  (5) Detailed specifications of construction;  (6) Name and address of the person who prepared the plans and specifications for construction;  (7) Name and address of the person who will construct the proposed work;  (8) General purpose of the proposed work; and  (9) Such other information as the commission may require. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-94 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-94 Completion report.

  §174C-94 Completion report. Within thirty days after the completion of construction or alteration of any stream diversion work, the permittee shall file a written statement of completion with the commission. The commission shall designate the form of such statement and such information as it shall require. [L 1987, c 45, pt of §2]
HI Rev Stat § 174C-95 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|174C. State Water Code|174C-95 Abandonment.

  §174C-95 Abandonment. Any owner of any stream diversion work wishing to abandon or remove such work shall first obtain a permit to do so from the commission. [L 1987, c 45, pt of §2]
HI Rev Stat § 179-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179. Flood Control and Flood Water Conservation|179-1 Declaration of purpose.

  §179-1 Declaration of purpose. It is declared:  (1) That floods caused by heavy rainstorms and abnormal tidal action are detrimental to the health, safety, and general welfare of the people of the State, resulting in jeopardy to and the loss of life and property, disruption of commerce, and interruption of transportation and communications; that the reduction of flood damage is therefore of primary importance to the people of the State; and the conservation and beneficial use of flood water is an essential adjunct to rainfall drainage and flood control.  (2) It is the purpose of this chapter to provide for the coordination by the State of all federal and state flood control projects undertaken in Hawaii and for such technical or financial assistance to its political subdivisions as may be desirable or necessary to assure maximum benefits to the people of the State from the expenditure of state funds for flood control purposes.  (3) Nothing in this chapter shall prevent any political subdivision through its proper officials from requesting federal aid on its own initiative and at its own expense without having to secure state approval. [L 1961, c 34, §1; am L 1963, c 148, pt of §1; Supp, §87C-1; HRS §179-1] Cross References  Participation in federal flood insurance program, see chapter 126. For county provisions, see §46-11.
HI Rev Stat § 179-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179. Flood Control and Flood Water Conservation|179-3 Statewide flood control agency and program.

  §179-3 Statewide flood control agency and program. (a) The board of land and natural resources, whose functions include under the existing laws of Hawaii, the management and administration of water resources of the State, is hereby designated as the state agency responsible for the accomplishment of the purposes of this chapter.  (b) All flood control and flood water conservation and related activities, and any attendant powers and duties, heretofore assigned to other state departments or agencies, but not including flood disaster operations, shall be transferred to the board upon the enactment of this law.  (c) It is declared that the general flood control plan is to be regarded as a general guide for the orderly and coordinated implementation of the statewide flood control program and the specific existing and planned flood control programs comprising the plan to be financed by state funds. This declaration is not to be construed so as to constitute approval of the specific flood control programs included in the plan. Nor shall this declaration be construed so as to prohibit the development of lands bordering watercourses or standing bodies of water. The board may, from time to time, modify the plan to the extent that it finds such to be necessary or desirable. [L 1961, c 34, §3; am L 1963, c 148, pt of §1; Supp, §87C-3; HRS §179-3]
HI Rev Stat § 179D-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-1 Short title.

Note Sections 179D-1 to 179D-9 designated as Part I by L 2007, c 262, §2.   §179D-1 Short title. This chapter shall be known and may be cited as the "Hawaii Dam and Reservoir Safety Act of 2007". [L 1987, c 199, pt of §1; am L 2007, c 262, §3]
HI Rev Stat § 179D-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-2 Declaration of purpose.

  §179D-2 Declaration of purpose. The purpose of this chapter is to provide for the inspection and regulation of construction, enlargement, repair, alteration, maintenance, operation, and removal of all dams or reservoirs to protect the health, safety, and welfare of the citizens of the State by reducing the risk of failure of the dams or reservoirs. The legislature finds and declares that the inspection and regulation of all dams or reservoirs are properly a matter of regulation under the police powers of the State, unless specifically exempted.  The board shall have jurisdiction of all dams and reservoirs until the department has completed its statewide inspections and has established and implemented rules and criteria for a five year dams and reservoirs inspection and classification processes and the board declares which dams or reservoirs are to be removed from its jurisdiction. [L 1987, c 199, pt of §1; am L 2007, c 262, §4]
HI Rev Stat § 179D-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-4 Liability for damages.

  §179D-4 Liability for damages. (a) Nothing contained in this chapter shall be construed to constitute a waiver of any immunity of the State and no action or failure to act under this chapter shall be construed to create any liability in the State, board, department, or its officers or employees, for the recovery of damages caused by the action or failure to act.  (b) Nothing in this chapter and no order, action, or advice of the State, board, department, or any representative thereof, shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of a dam or reservoir; provided that an owner or operator of a dam or reservoir shall not be liable for damages as a result of only natural causes such as earthquakes of an average recurrence interval of one thousand years, hurricanes, or extraordinary rains of an average recurrence interval in excess of two hundred fifty years.  (c) The State assumes no ownership obligations, responsibilities, or liability for any action pursuant to section 179D-24. [L 1987, c 199, pt of §1; am L 2007, c 262, §6]
HI Rev Stat § 179D-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-5 REPEALED.

  §179D-5 REPEALED. L 2007, c 262, §11.
HI Rev Stat § 179D-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-7 Administrative and judicial review.

  §179D-7 Administrative and judicial review. (a) The findings and order of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or otherwise, as to the safety of design, construction, enlargement, repair, alteration, removal, maintenance, and operation of any dam or reservoir. The board's approval of an application or a certificate of approval to impound shall not be considered final if it can be demonstrated to the board that the board's approval of the relevant application or certificate of approval was based on one or more misrepresentations.  (b) Any person who is aggrieved or adversely affected by an order or action of the board shall be entitled to administrative and judicial review in accordance with chapter 91; provided that the order or action shall remain in force until modified or set aside on appeal. [L 1987, c 199, pt of §1; am L 2007, c 262, §8]
HI Rev Stat § 179D-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-8 Violations; penalties.

 §179D-8 Violations; penalties. (a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter. The administrative penalty shall not exceed $25,000 per day of a violation, and each day during which the violation continues shall constitute an additional, separate, and distinct violation. The board shall effectuate rules, procedures, and fee schedules to carry out the purposes of this section.  (b) Any person who negligently or after written notice to comply, violates this chapter or any rule, order, or condition adopted, issued, or required under this chapter, or knowingly obstructs, hinders, or prevents the department's agents or employees from performing duties under this chapter, shall be guilty of a class C felony, and upon conviction thereof, shall be punished as follows:  (1) For a first conviction, by a mandatory fine of not less than $2,500 but not more than $25,000 per day of violation, imprisonment, or both; and  (2) For a second or subsequent conviction, by a mandatory fine of not less than $5,000 but not more than $50,000 per day of violation, imprisonment, or both.  (c) Any criminal action against a person for any violation of this chapter shall not preclude the State from pursuing civil legal action to recover administrative penalties, fees, and costs against that person. Any civil action against a person to recover administrative penalties, fees, and costs for any violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter shall not preclude the State from pursuing any criminal action against that person.  (d) With the assistance of the attorney general, the board may seek an injunction and damages in the enforcement of this chapter.  (e) All penalties, fees, and costs collected pursuant to this section or rules adopted by the board pursuant to this chapter, shall be deposited in the dam and reservoir safety special fund. [L 1987, c 199, pt of §1; am L 2007, c 262, §9]
HI Rev Stat § 179D-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-9 Enactment of rules.

  §179D-9 Enactment of rules. The department shall adopt the necessary rules not later than one and one-half years after July 1, 2007. [L 1987, c 199, pt of §1; am L 2007, c 262, §10]
HI Rev Stat § 179D-21 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-21 Certificate of approval to impound.

  §179D-21 Certificate of approval to impound. No owner of a dam or reservoir shall impound water without a valid certificate of approval to impound water at the dam or reservoir. [L 2007, c 262, pt of §1]
HI Rev Stat § 179D-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-22 Entry upon property.

  §179D-22 Entry upon property. (a) The department shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the agents or employees of the department or any authorized representatives may enter at reasonable times, without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam, reservoir, or other artificial barrier dealt with in this chapter; provided that if an emergency situation arises as determined by the department, the agents or employees of the department, or any authorized representatives shall have the right to enter without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam, reservoir, or other artificial barrier subject to this chapter, and to take any remedial actions, without a search warrant or liability for trespass.  (b) It shall be unlawful for any person to refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper, or interfere with any representative while in the process of carrying out the representative's official duties.  (c) Notwithstanding any other provision of law to the contrary, the board and its agents, engineers, and other employees, for the purposes of enforcing this chapter, may enter upon any land or water in the State that is the subject of an inspection, investigation, or remedial actions without a search warrant or liability for trespass. [L 2007, c 262, pt of §1]
HI Rev Stat § 179D-23 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-23 Injunctive relief.

  §179D-23 Injunctive relief. Whenever in the judgment of the department any person has engaged in or is about to engage in any act or practice that constitutes or will constitute an unlawful action under this chapter, the department may apply to the circuit environmental court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining the act or practice, or for an order requiring compliance with this chapter. Upon a showing by the department that a person has engaged in or is about to engage in any unlawful act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. [L 2007, c 262, pt of §1; L 2014, c 218, §8]
HI Rev Stat § 179D-24 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-24 Emergency actions.

  §179D-24 Emergency actions. (a) If, in the opinion of the department, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as to not permit time for issuance and enforcement of an order relative to construction, modification, maintenance, or repair of the dam or reservoir, or the dam or reservoir is threatened by any large flood or other natural disaster, the department may immediately employ remedial measures necessary to protect life and property.  (b) The department shall provide coordination and assistance to the proper state or county agency or agencies to maintain control of any dam or reservoir that, pursuant to subsection (a), has been determined to be dangerous to life or property until the dam or reservoir is deemed safe, or until any emergency conditions that precipitated taking control of the dam or reservoir, pursuant to subsection (a), have been abated. The department may determine the proper time at which to relinquish control of the dam or reservoir.  (c) Any necessary and reasonable costs and expenses incurred by the department in fulfilling the duties mandated by subsections (a) and (b) in connection with a remedial or emergency action shall be recoverable by the department from the owner of any dangerous or threatened dam or reservoir.  (d) Any owner failing or refusing, after written notice has been given, to pay the reasonable costs and expenses incurred by the department pursuant to subsection (c) shall be, upon complaint by the department to the attorney general, subject to reasonable attorney fees incurred in the recovery of the costs and expenses.  (e) All moneys collected by the department pursuant to subsection (c) shall be credited to the dam and reservoir safety special fund created in section 179D-25.  (f) If a condition arises that in the opinion of the department may pose a danger to the health and safety of persons or property and sufficient time permits, the board may issue orders reciting the existence of the condition and require any actions the board deems necessary. Any person to whom an order is directed, may challenge the order, but shall immediately comply with the order, pending disposition of the person's challenge. The board shall give precedence to a hearing on the challenge over all other pending matters.  (g) The legislature finds and declares that emergency actions under this section are in the public interest and for the public health, safety, and general welfare of the State, and authorizes the board to take any necessary actions. [L 2007, c 262, pt of §1]
HI Rev Stat § 179D-25 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-25 Establishment of dam and reservoir safety special fund.

  §179D-25 Establishment of dam and reservoir safety special fund. (a) There is established in the department a special fund, to be designated the dam and reservoir safety special fund. The fund shall be administered by the board. The following shall be deposited into the dam and reservoir safety special fund:  (1) Appropriations by the legislature;  (2) All fees and administrative charges collected under this chapter or any rule adopted thereunder;  (3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;  (4) Moneys derived from public or private sources to benefit dam and reservoir safety;  (5) Moneys collected in full or partial satisfaction of liens created under this chapter;  (6) Any moneys collected from the sale of retail items by the department relating to dam and reservoir safety;  (7) Any other moneys collected pursuant to this chapter or any rules adopted thereunder; and   (8) Moneys derived from interest, dividends, or other income from other sources.  (b) The board may expend moneys from the dam and reservoir safety special fund for:  (1) Conducting investigations, research, and the collection of data, including technological advances made in dam and reservoir safety practices elsewhere;  (2) Conducting investigations, monitoring, and inspection programs and activities, and enforcement;  (3) Preparing and disseminating information to the public concerning activities authorized under this chapter;  (4) Training and providing educational activities for department staff and dam and reservoir owners;  (5) Employing any necessary remedial measures to protect persons and property in accordance with this chapter;  (6) The costs and expenses of the coordination, assistance, control, regulation, abatement, and inspection provided by this chapter; and  (7) Other purposes for the administration of the dam and reservoir safety program under this chapter or any rule adopted thereunder, including but not limited to funding permanent or temporary positions that may be appointed without regard to chapter 76. The board shall provide coordination and assistance to the proper state or county agency or agencies to control any dam, reservoir, and appurtenances subject to section 179D-24 until they have been rendered safe or the emergency has terminated.  (c) Moneys on balance in the dam and reservoir safety special fund at the close of each fiscal year shall remain in that fund and shall not be transferred or lapsed to the credit of the general fund. [L 2007, c 262, pt of §1]
HI Rev Stat § 179D-26 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-26 Liens.

  §179D-26 Liens. (a) Costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall be considered prior and superior to all other mortgages, liens, or encumbrances of record even if those other mortgages, liens, or encumbrances were filed before the lien pursuant to this subsection becomes due.  (b) Liens pursuant to subsection (a) may be perfected and foreclosed in advance of construction, enlargement, repair, alteration, or removal or after completion of the construction, enlargement, repair, alteration, or removal. If perfected in advance, the lien shall be perfected by the filing of an affidavit of the board setting forth the estimate of the costs of construction, enlargement, repair, alteration, or removal within the county in which the dam or reservoir is located in the same manner as prescribed for mechanic's liens. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in that amount against all property of the owner. If the actual cost of construction, enlargement, repair, alteration, or removal exceeds the estimated cost, the board may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction, enlargement, repair, alteration, or removal at completion, the board shall file an amended affidavit at completion. If a lien is perfected in advance and the construction, enlargement, repair, alteration, or removal is not commenced within two years from the date of perfection, the lien shall be void. The board shall file a satisfaction of lien upon payment of the costs of construction, enlargement, repair, alteration, or removal by the owner. [L 2007, c 262, pt of §1]