reglab/housing_qa huggingface dataset:
HI Rev Stat § 342H-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-15 Nonliability of department personnel.

  §342H-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 342H-14. [L 1989, c 212, pt of §4]
HI Rev Stat § 342H-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-16 Other action not barred.

  §342H-16 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 §4]
HI Rev Stat § 342H-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-17 Enforcement by state and county authorities.

  §342H-17 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department. [L 1989, c 212, pt of §4]
HI Rev Stat § 342H-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-18 Other powers of department not affected.

  §342H-18 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 §4]
HI Rev Stat § 342H-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-19 Effect of laws, ordinances, and rules.

 §342H-19 Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.  (b) Except as provided in section 342H-30(c), any county may adopt ordinances and rules governing any matter relating to solid waste management that is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to solid waste management shall be void and of no effect as to any matter regulated by a rule of the department upon its adoption. [L 1989, c 212, pt of §4; am L 1994, c 210, §5]
HI Rev Stat § 342H-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-20 Priority in courts.

  §342H-20 Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §4] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342H-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-21 Unauthorized removal of recyclable materials.

  §342H-21 Unauthorized removal of recyclable materials. No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials that have been segregated from solid waste and placed at designated collection sites for the purposes of collection and recycling. [L 1992, c 81, §1]
HI Rev Stat § 342H-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-30 Prohibition; civil.

  §342H-30 Prohibition; civil. (a) No person, including any public body, shall engage in the operation of an open dump.  (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director.  (c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. Each day of violation shall constitute a separate offense. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance. [L 1989, c 212, pt of §4; am L 1994, c 210, §6; am L 1997, c 268, §3; am L 1998, c 226, §2; am L 2004, c 143, §2 and c 145, §2; am L 2005, c 105, §2]
HI Rev Stat § 342H-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-31 Rules; specific.

 §342H-31 Rules; specific. The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems. [L 1989, c 212, pt of §4; am L 1998, c 226, §3]
HI Rev Stat § 342H-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-32 Plans and reports.

 §342H-32 Plans and reports. The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the form prescribed by the director. The plans or reports shall be made by a competent person acceptable to the director and at the expense of such applicant or owner. [L 1989, c 212, pt of §4; am L 1998, c 226, §4]
HI Rev Stat § 342H-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-33 Appointment of masters.

  §342H-33 Appointment of masters. The director may appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §4]
HI Rev Stat § 342H-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-34 Consultation and advice.

  §342H-34 Consultation and advice. The director may consult with and advise any person engaged or intending to be engaged in the management of solid waste. [L 1989, c 212, pt of §4]
HI Rev Stat § 342H-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-35 Research, educational, and training programs.

  §342H-35 Research, educational, and training programs. The director may:  (1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution associated with solid waste management systems;  (2) With the approval of the governor, cooperate with, and receive money from the federal government or any political subdivision of the State, or from private sources for the study and control of solid waste pollution; and  (3) Conduct and supervise state educational and training programs on solid waste management systems, including the preparation and distribution of information relating to solid waste pollution. [L 1989, c 212, pt of §4; am L 1998, c 226, §5]
HI Rev Stat § 342H-36 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-36 Recycling for agricultural purposes; encouraged.

 §342H-36 Recycling for agricultural purposes; encouraged. The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and by-products for agricultural and horticultural purposes. The use of treated sludge effluent for fertilizer and other agricultural purposes shall also be encouraged. Composting of agricultural secondary organic resources under approved methods shall also be encouraged. [L 1989, c 212, pt of §4; am L 1993, c 281, §4]
HI Rev Stat § 342H-36.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-36.5 Leaf blower debris.

  §342H-36.5 Leaf blower debris. (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained.  (b) It shall be unlawful for any person to use or operate a leaf blower in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes.  (c) For purposes of this section:  "Leaf blower" shall have the same meaning as defined in section 342F-30.8.  "Parcel" means a legal lot of record. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. [L 2010, c 206, §2]
HI Rev Stat § 342H-37 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-37 Felony disposal of solid waste.

  §342H-37 Felony disposal of solid waste. (a) A person commits the offense of felony disposal of solid waste if the person:  (1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;  (2) After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the written approval of the director; or  (3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.  (b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.  (c) Felony disposal of solid waste is a class C felony for which a maximum fine of $50,000 for each separate offense may be imposed. [L 2004, c 143, pt of §1; am L 2005, c 105, §3]
HI Rev Stat § 342H-38 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-38 Felony disposal of solid waste; deferred prosecution agreement.

  §342H-38 Felony disposal of solid waste; deferred prosecution agreement. First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all of the terms of a deferred prosecution agreement shall be subject to prosecution under this section.  For the purposes of this section, a deferred prosecution agreement shall mean an agreement offered by the prosecutor, in the prosecutor's discretion, to the person cited that would defer prosecution during the statute of limitations period, subject to renewed prosecution if the defendant violates the conditions of the agreement. The agreement, if one is offered, shall contain provisions reasonably calculated to deter future violations. No person shall be offered a deferred prosecution agreement under this section more than once. If all terms of the agreement are met, all records of the person's arrest, indictment, or plea shall be cleared. Entering into a deferred prosecution agreement shall not be considered an admission of guilt. [L 2004, c 143, pt of §1]
HI Rev Stat § 342H-39 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-39 Petty misdemeanor disposal of solid waste.

  §342H-39 Petty misdemeanor disposal of solid waste. (a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director.  (b) Petty misdemeanor disposal of solid waste is punishable by:  (1) A fine of not more than $25,000 for each separate offense;  (2) Not more than thirty days imprisonment for each offense; or  (3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission. Each day of violation shall constitute a separate offense.  (c) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.  (d) This section shall not apply to solid waste consisting solely of green waste. For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof. [L 2005, c 105, §1] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342H-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-41 Definitions.

  §342H-41 Definitions. As used in this part, unless the context otherwise requires:  "Label" means a molded imprint or raised symbol on or near the bottom of a plastic product.  "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.  "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.  "Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons. [L 1990, c 318, pt of §1] Revision Note  "Part" substituted for "chapter". Cross References  Plastic connecting devices prohibition, see §339-22.
HI Rev Stat § 342H-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-42 Prohibition.

  §342H-42 Prohibition. On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid plastic container unless the product has a label indicating the plastic resin used to produce the plastic bottle or rigid plastic container. The label shall consist of a number placed within a triangle of arrows and letters placed below the triangle. The triangle shall be equilateral, formed by three arrows curved at their midpoints and depicting a clockwise path around the code number. The numbers and letters used shall be as follows:  (1) For polyethylene terephthalate, the letters €œPETE € and the number 1;  (2) For high density polyethylene, the letters €œHDPE € and the number 2;  (3) For vinyl, the letter €œV € and the number 3;  (4) For low density polyethylene, the letters €œLDPE € and the number 4;  (5) For polypropylene, the letters €œPP € and the number 5;  (6) For polystyrene, the letters €œPS € and the number 6; and  (7) For any other, the letters €œOTHER € and the number 7. [L 1990, c 318, pt of §1]
HI Rev Stat § 342H-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-51 Definitions.

  §342H-51 Definitions. Unless otherwise explicitly stated, the definitions provided in section 342H-1 shall control the meaning of the terms used in this part. As used in this part, unless the context otherwise requires:  "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.  "Existing municipal solid waste landfill unit" means any municipal solid waste landfill unit that is receiving solid waste on October 9, 1993.  "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.  "Household waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).  "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from electric power generation, water treatment, and the manufacture of the following products: fertilizers and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel; leather and leather products; nonferrous metals; organic chemicals; plastics and resins; pulp and paper products; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles; and transportation equipment. This term does not include mining waste or oil and gas waste.  "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit.  "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household waste and is not a land application unit, surface impoundment, injection well, or waste pile. A municipal solid waste landfill unit also may receive other types of waste regulated under Subtitle D of RCRA, such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion.  "New municipal solid waste landfill unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993.  "Operator" means the person responsible for the overall operation of a facility or part of a facility.  "Owner" means the person who owns a facility or part of a facility.  "RCRA" means the federal Resource Conservation and Recovery Act, as amended, 42 United States Code, § §6901 to 6991i. [L 1992, c 245, pt of §1]
HI Rev Stat § 342H-52 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-52 Prohibitions; buffer zones.

  §342H-52 Prohibitions; buffer zones.  (a) No person, including the State or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.  (b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.  For the purposes of this subsection:  "Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.  "Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers. [L 1992, c 245, pt of §1; am L 2020, c 73, §2]
HI Rev Stat § 342H-53 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-53 Applicability and requirements.

  §342H-53  Applicability and requirements. (a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991.  (b) Municipal solid waste landfill units that receive waste after October 9, 1991, but stop receiving waste before October 9, 1993, are exempt from the requirements of this part except the final cover requirement prescribed by rules adopted pursuant to this part. The final cover shall be installed within six months of the last receipt of wastes. Owners and operators of municipal solid waste landfill units subject to this subsection that fail to complete cover installation within six months from the date of the last receipt of wastes shall be subject to all the requirements of this part, and rules adopted pursuant to this part, subject to such exemptions as may be provided by those rules.  (c) The provisions of this part apply to owners and operators of new municipal solid waste landfill units, existing municipal solid waste landfill units, and lateral expansions, except as otherwise provided in this part or otherwise exempted by rules adopted pursuant to this part.  (d) Following closure of a municipal solid waste landfill unit, or a component of a municipal solid waste landfill unit, the owner or operator of the unit shall conduct post-closure care for a period of thirty years. The director may increase the length of the post-closure care period if the director determines that the lengthened period is necessary to protect human health and the environment. The director may decrease the length of the post-closure care period if the owner or operator of the closed municipal solid waste landfill unit demonstrates to the satisfaction of the director that the reduced period is sufficient to protect human health and the environment.  (e) Owners and operators of municipal solid waste landfill units that receive waste on or after October 9, 1993, shall comply with the financial assurance criteria that the director shall establish by rules adopted pursuant to this part. Such rules shall be effective no later than April 9, 1994.  (f) Municipal solid waste landfill units containing sewage sludge shall comply with the provisions of this part and the rules adopted pursuant to this part.  (g) In addition to compliance with the provisions of this part and rules adopted pursuant to this part, owners and operators of a municipal solid waste landfill unit shall comply with any other applicable state and federal law. [L 1992, c 245, pt of §1]