reglab/housing_qa huggingface dataset:
HI Rev Stat § 342I-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342I. Special Wastes Recycling|342I-33 Enforcement.

  §342I-33 Enforcement. The department of health shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in circuit environmental court against persons who fail to comply with the requirements of this part. [L 2000, c 173, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 342I-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342I. Special Wastes Recycling|342I-34 Penalties.

  §342I-34 Penalties. (a) For each violation of this part, a violator shall be subject to a penalty of not more than $10,000 for each separate offense. However, the failure to post the notice required under section 342I-23, following a warning issued by an authorized employee of the department, shall be subject to a fine up to $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. The fines imposed pursuant to this section shall be cumulative.  (b) Remedies shall be by citations, by civil action, or as provided under sections 342H-10 and 342H-11. [L 2000, c 173, pt of §1]
HI Rev Stat § 342I-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342I. Special Wastes Recycling|342I-35 Disposition of collected fines and penalties.

  §342I-35 Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 2000, c 173, pt of §1]
HI Rev Stat § 342J-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-1 Legislative policy; program priorities.

  §342J-1 Legislative policy; program priorities. The legislature finds that hazardous waste must be managed in a manner that protects the health, safety, and welfare of the citizens of the State and protects and conserves the State €™s natural resources and environment. Accordingly, the hazardous waste management program of this State shall be a preventive as well as a regulatory program that gives priority to:  (1) The provision of technical assistance to generators to ensure the safe and proper handling of hazardous waste;  (2) The establishment of a public education program to promote awareness of what constitutes hazardous waste and the dangers of improper disposal of hazardous waste;  (3) The promotion of hazardous waste minimization, reduction, recycling, exchange, and treatment as the preferred methods of managing hazardous waste, with disposal to be used only as a last resort when all other hazardous waste management methods are ineffective or unavailable; and  (4) The coordination of hazardous waste management efforts among the counties of this State, taking into consideration the unique differences and needs of each county. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-3 Administration.

  §342J-3 Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-4 Powers; rulemaking; appointment of hearings officers.

 §342J-4 Powers; rulemaking; appointment of hearings officers. (a) The director may make, amend, and repeal state rules which govern the management of hazardous waste and which control and prohibit hazardous waste pollution. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.  (b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §5; am L 1991, c 259, §5; am L 2000, c 253, §150]
HI Rev Stat § 342J-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-5 Permits; procedures for.

  §342J-5 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the director.  (b) The director may require that applications for such permits shall be accompanied by plans, specifications, and information as the director deems necessary for the director to determine whether the proposed or existing hazardous waste management facility will be in compliance with applicable rules and standards.  (c) The director shall issue a permit for any term, not exceeding five years, if the director determines that the applicant and facility have complied with the provisions of this chapter. Each permit shall be reviewed five years after the date of issuance and shall be modified as necessary to assure that the facility and permittee continue to comply with applicable provisions of this chapter. Nothing in this subsection shall preclude the director from reviewing and modifying a permit at any time during its term. Each permit issued under this section shall contain such terms and conditions as the director determines are necessary to protect human health or the environment.  The director may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:  (1) There is a violation of any term or condition of the permit;  (2) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;  (3) There is a change in any circumstance that necessitates a modification, suspension, or revocation of the permit; or  (4) Such is in the public interest.  Public notice shall be given of proposed decisions respecting permit issuance, reissuance, denial, revocation, suspension, substantial modification to a permit requested by a permittee, and modifications to a permit initiated by the director. The director may hold a public hearing before issuing a final decision respecting a permit issuance, reissuance, denial, revocation, suspension, request by a permittee to substantially modify a permit, and any modification to a permit initiated by the director if the director determines that such a public hearing is in the public interest. The permit notice and public hearing requirements in this section shall not apply to used oil permits as provided for in section 342J-54.  (d) No applicant for a modification or reissuance of a permit shall be held in violation of this chapter during the pendency of the applicant's application so long as the applicant acts consistently and the facility is in compliance with the permit previously granted. [L 1989, c 212, pt of §5; am L 1991, c 259, §6; am L 2000, c 3, §1]
HI Rev Stat § 342J-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-6 Furnishing of information and entry and inspection of premises.

 §342J-6 Furnishing of information and entry and inspection of premises. (a) For purposes of enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall, upon request of any duly authorized representative of the director, furnish information relating to such wastes and permit such representative at all reasonable times to have access to, and to copy all records relating to such wastes.  (b) For purposes of enforcing the provisions of this chapter the authorized representative may:  (1) Enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from;  (2) Inspect and obtain samples of any such wastes and samples of any containers or labeling for such wastes; and  (3) Obtain any other information for purposes of determining compliance with the provisions of this chapter, including financial information. Each such inspection shall be commenced and completed with reasonable promptness. [L 1989, c 212, pt of §5; am L 1991, c 259, §7]
HI Rev Stat § 342J-6.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-6.5 Notification.

  §342J-6.5 Notification. (a) Not later than forty-five days after June 18, 1993, any person generating or transporting, or owning or operating a facility for treatment, storage, or disposal of, any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.  (b) Not later than forty-five days after the adoption pursuant to this chapter of any rule that lists or identifies by characteristics any substance as hazardous waste, any person generating or transporting the substance, or owning or operating a facility for treatment, storage, or disposal of the substance, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.  This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).  (c) Any person required by this section to provide notification to the department shall also advise the department, by January 31 of each year following initial notification, of the following changes:  (1) Location of business;  (2) Name of business;  (3) Mailing address;  (4) Name of person who owns the facility at which hazardous waste is handled or generated;  (5) Change of status from small quantity to large quantity generator; and  (6) Change of status from large quantity to small quantity generator.  (d) This section shall not apply to:  (1) Generators of less than one hundred kilograms of hazardous waste per month; or  (2) Any other person exempted from the notification requirements of this section pursuant to rules adopted by the department. [L 1993, c 267, §1] Revision Note  "June 18, 1993" substituted for "the effective date of this section".
HI Rev Stat § 342J-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-8 Emergency powers; procedures.

 §342J-8 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling, storage, treatment, transportation, or disposal of any hazardous waste or hazardous waste constituent may present an imminent and substantial endangerment to health or the environment, the governor or the director, without a public hearing, may secure or order such relief as may be necessary to abate the danger or threat. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. The governor or the director may also institute a civil action in any environmental court of competent jurisdiction to secure such relief as may be necessary to abate the danger or threat.  (b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §5; am L 1991, c 259, §9; am L 1995, c 201, §4; am L 2014, c 218, §8] Cross References  Environmental response law, see chapter 128D.
HI Rev Stat § 342J-9 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-9 Penalties.

 §342J-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 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 representative of the director, or fails to provide information requested by the representative under section 342J-6 or 342J-55 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.  (c) Any person who knowingly:  (1) Transports any hazardous waste to a storage, treatment, or disposal facility that does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;  (2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5, or who violates any term or condition of a permit or variance issued pursuant to this chapter;  (3) Transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil or used oil fuel in violation of any rules adopted pursuant to this chapter relating to used oil or used oil fuel;  (4) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, including compliance with any rules adopted pursuant to this chapter relating to used oil or used oil fuel; or  (5) Abandons or causes to be abandoned any hazardous waste, used oil, or used oil fuel; shall be subject to criminal penalties. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.  Violations of paragraphs (1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates paragraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.  For purposes of this subsection, €œabandon € means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c 157, §16 and c 259, §10; am L 1995, c 180, §26; am L 1996, c 82, §3; am L 1997, c 147, §3; am L 2001, c 21, §1; am L 2014, c 218, §8]
HI Rev Stat § 342J-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-10 Administrative penalties.

 §342J-10 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342J-9(a) and (b).  (b) Factors to be considered in imposing an administrative penalty include:  (1) The nature and history of the violation and of any prior violations;  (2) The economic benefit, if any, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply; and  (5) Any other matters that justice may require.  (c) It is presumed that the violator €™s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §5; am L 1995, c 180, §27]
HI Rev Stat § 342J-10.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-10.5 Disposition of collected fines and penalties. Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §5]

  §342J-10.5 Disposition of collected fines and penalties. Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §5]
HI Rev Stat § 342J-10.7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-10.7 REPEALED. L 1991, c 259, §19.

 §342J-10.7 REPEALED. L 1991, c 259, §19.
HI Rev Stat § 342J-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-11 Injunctive and other relief.

 §342J-11 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to:  (1) Address any release of hazardous waste or any hazardous waste constituent pursuant to section 342J-36;  (2) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit adopted pursuant to this chapter, without the necessity of a prior revocation of the permit; and  (3) Impose and collect civil penalties, to collect administrative penalties, and obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §5; am L 1991, c 259, §11; am L 1995, c 180, §28; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342J-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-12 Appeal.

  §342J-12 Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party €™s principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §5; am L 2014, c 218, §8]
HI Rev Stat § 342J-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-13 Fees.

 §342J-13 Fees. The director may establish reasonable fees for the issuance of permits to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund. [L 1989, c 212, pt of §5; am L 1990, c 298, §12] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342J-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-14 Public records; confidential information; penalties.

 §342J-14 Public records; confidential information; penalties. (a) For purposes of this chapter, chapter 92F applies to the determination of the types of information that should be made available to members of the public provided that any information that would be required to be disclosed under RCRA and the federal Freedom of Information Act, 5 United States Code §552, if these Acts were applicable, shall be open to the public notwithstanding any provisions to the contrary in chapter 92F. The legislature declares that disclosure of such information which RCRA and the federal Freedom of Information Act require to be disclosed for purposes of this chapter does not constitute an unwarranted invasion of privacy.  (b) Information concerning secret processes or methods of manufacture maintained by an agency pursuant to this chapter shall not be disclosed to the public unless disclosure of such information would be required under applicable provisions of RCRA, 42 United States Code, § §6901 to 6991i and the federal Freedom of Information Act, 5 United States Code §552.  (c) For purposes of this chapter, the department may adopt rules pertaining to both substantive and procedural aspects of information practices which are consistent with RCRA and the federal Freedom of Information Act. These rules shall govern information practices concerning all records maintained by any agency pursuant to this chapter or RCRA and shall supersede any inconsistent rules promulgated pursuant to chapter 92F. [L 1989, c 212, pt of §5; am L 1991, c 259, §12]
HI Rev Stat § 342J-14.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-14.5 Copy fee waiver. The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public. [L 1991, c 259, pt of §1]

  §342J-14.5  Copy fee waiver. The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public. [L 1991, c 259, pt of §1]
HI Rev Stat § 342J-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-15 Nonliability of department personnel.

  §342J-15 Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member €™s, officer €™s, or employee €™s duties; provided that this section shall not apply to violations of section 342J-14. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-16 Intervention.

 §342J-16 Intervention. Any individual shall have the right to intervene in any civil action to enforce the provisions of this chapter provided the individual has an interest which is, or may be, adversely affected. [L 1989, c 212, pt of §5; am L 1991, c 259, §13]
HI Rev Stat § 342J-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-17 Other action not barred.

  §342J-17 Other action not barred. No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-18 Enforcement by state and county authorities.

  §342J-18 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-19 Other powers of department not affected.

  §342J-19 Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-20 Effect of laws, ordinances, and rules.

  §342J-20 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 hazardous waste management which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to hazardous waste management shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1989, c 212, pt of §5]