reglab/housing_qa huggingface dataset:
HI Rev Stat § 342B-27 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-27 Other permit action.

  §342B-27 Other permit action. (a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:  (1) The permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit;  (2) Permit action is required to assure compliance with the applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;  (3) Permit action is required to address additional applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;  (4) There is a violation of any condition of the permit;  (5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;  (6) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;   (7) More frequent monitoring or reporting by the permittee is required;  (8) It is necessary to incorporate into the permit the requirements from pre-construction review permits or exemptions authorized under an approved new source review program in the applicable implementation plan; or  (9) Such is in the public interest. In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.  (b) The director may revise a permit administratively if the revision:  (1) Corrects typographical errors;  (2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;  (3) Allows for a change in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the department; or  (4) Makes any other change that the department determines to be similar to those in paragraphs (1) to (3). [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-28 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-28 Recordkeeping and monitoring requirements.

  §342B-28 Recordkeeping and monitoring requirements. The director may require an owner or operator of any source on a continuous, periodic, or one-time basis to:  (1) Establish, maintain, and submit records;  (2) Draft reports;  (3) Install, use, and maintain monitoring equipment, and use audit procedures or methods;  (4) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during periods, and in the manner prescribed by the director;  (5) Keep records on the source and the control equipment parameters, production variables, or other indirect data when direct monitoring is impractical;  (6) Sample and analyze the composition of the fuel, waste, or other products being burned or incinerated;  (7) Submit compliance certifications; and  (8) Provide other information as the department may require. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-29 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-29 Fees.

  §342B-29 Fees. (a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department.  (b) Fees for covered sources shall adequately cover the direct and indirect costs required to develop, support, and administer the permit program, including the reasonable costs of:  (1) Reviewing and acting upon any application for or renewal of a permit;  (2) Implementing and enforcing the terms and conditions of any permit, including legal support;  (3) Monitoring emissions and ambient air quality, including resources to audit and inspect source-operated monitoring programs at least once a year;  (4) Preparing generally applicable rules or guidance;  (5) Performing or reviewing modeling, analyses, and demonstrations;  (6) Preparing inventories and tracking emissions;   (7) Providing support to the small business assistance program; and  (8) Administering the fund.  (c) Fees for covered sources shall be based on the number of tons of regulated air pollutant, excluding carbon monoxide, allowed or emitted by the permitted source and shall not be less than $25 per ton per year.  (d) Unless changed by rules, fees for covered sources shall be changed in December of each year only by the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year.  (e) Nothing in the cost-per-ton fee provisions of subsections (c) and (d) shall restrict the director from assessing more or less than the amount determined under subsections (c) and (d) from any one covered source or any class or category of covered sources, as designated by the director; provided the department collects a total amount of fees sufficient to cover the costs of the permit program. [L 1992, c 240, pt of §1; am L 2009, c 42, §2]
HI Rev Stat § 342B-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-30 Judicial review.

  §342B-30 Judicial review. The applicant and any person who participated in the public comment process may obtain judicial review in [environmental court] of the final action on a permit issuance or renewal. This is in addition to judicial review otherwise available. [L 1992, c 240, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 342B-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-31 Government records; confidential information.

  §342B-31 Government records; confidential information. (a) The department shall make all government records maintained pursuant to this chapter open to public inspection in accordance with chapter 92F unless access is restricted or closed by law.  (b) Except as provided in subsection (c), the following permit program documents are deemed to be government records:  (1) Permit applications and all supporting information;  (2) Compliance plans (including schedules of compliance);  (3) Emissions or compliance monitoring reports;  (4) Certifications;  (5) Permits; and  (6) Any other information submitted to the department pursuant to the permit program.  (c) Upon a showing satisfactory to the director by any person that records, reports, or information, or particular part thereof (other than emission data), to which the director has access pursuant to this chapter, contain information of a confidential nature concerning secret processes or methods of manufacture, these records, reports, or information shall be kept confidential except that such record, report, or information may be disclosed to other officers or employees of the department and EPA concerned with carrying out this chapter or when relevant in any proceeding pursuant to this chapter. The contents of the permit itself shall not be entitled to confidentiality protection.  (d) No records, reports, or information for which confidentiality is claimed by the person from whom they are obtained shall be disclosed until such person has received reasonable notice under the procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et seq. and has had the opportunity to demonstrate why these should not be disclosed, including a reasonable opportunity to obtain judicial relief. In any such proceedings, confidentiality shall be accorded to any documents which satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any rules adopted by the department pursuant to chapter 91.  (e) Any officer, employee, or agent of the department acquiring confidential information from any inspection authorized by section 342B-41 who divulges the 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 of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000.  (f) The provisions of sections 92F-16 and 92F-17 shall apply to any officer, employee, or agent of the department acquiring any confidential information as defined in this section. [L 1992, c 240, pt of §1] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342B-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-32 Clean air special fund.

  §342B-32 Clean air special fund. (a) There is created in the state treasury a special fund to be designated as the clean air special fund. The proceeds in the fund shall be used solely to pay for all reasonable direct and indirect costs required to develop, support, and administer the permit program requirements of this chapter including reasonable costs of:  (1) Reviewing and acting upon any application for or renewal of a permit;  (2) Implementing and enforcing the terms and conditions of any permit, including legal support as defined by rules;  (3) Monitoring emissions and ambient air quality including resources to audit and inspect source-operated monitoring requirements at least once a year;  (4) Preparing generally applicable rules or guidelines;  (5) Performing or reviewing modeling, analyses, and demonstrations;  (6) Preparing emissions inventories and tracking systems;  (7) Providing support to the small business assistance program; and  (8) Administering the fund.  (b) All moneys collected as fees pursuant to section 342B-29 shall be deposited into the clean air special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-33 Minimum permit conditions.

 §342B-33 Minimum permit conditions. At a minimum, each permit shall require the permittee to:  (1) Submit to the director, no less than every six months, the results of any required monitoring and, no less than annually, a compliance certification; and  (2) Disclose the annual emissions of hazardous air pollutants. [L 1992, c 240, pt of §1; am L 1994, c 268, §3]
HI Rev Stat § 342B-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-34 Exceptions.

  §342B-34 Exceptions. This part does not apply to open burning and fugitive dust which shall be regulated by rules adopted by the department. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-35 Crematoriums.

  §342B-35 Crematoriums. Crematoriums of human remains operating within the State shall be subject to the permit requirements of this chapter; provided that the owners or operators of any crematoriums constructed before March 20, 1972, and operating within the State without a permit shall submit permit applications to the department no later than December 31, 2013. [L 2012, c 278, §2]
HI Rev Stat § 342B-36 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-36 Use of coal for electricity generation.

  §342B-36 Use of coal for electricity generation. The department may issue or renew a permit to an owner or operator of a covered source that will burn or consume coal to generate electricity; provided that as a condition of the permit, all coal burning shall cease on December 31, 2022. Beginning after December 31, 2022, the department shall not issue or renew any permit to an owner or operator of a covered source which will burn or consume coal to generate electricity. [L 2020, c 23, §3] Cross References  Coal power purchase agreements; prohibited, see §269-48.
HI Rev Stat § 342B-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-41 Inspection of premises.

  §342B-41 Inspection of premises. The director, in accordance with the law, may enter and inspect any building or place to investigate an actual or suspected source of air pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval granted by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of air pollution shall be disclosed by the official or employee except as it relates directly to air pollution and then only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-43 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-43 Emergency powers; procedures.

 §342B-43 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the release of any air pollutant or combination of air pollutants that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the release of the air pollutant to immediately reduce or stop the release, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.  (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 a declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1992, c 240, pt of §1; am L 1993, c 261, § §2, 4; am L 1995, c 201, §1] Cross References  Environmental response law, see chapter 128D.  Hawaii emergency planning and community right-to-know act, see chapter 128E.
HI Rev Stat § 342B-44 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-44 Injunctive and other relief.

 §342B-44 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted, condition of a permit, or variance issued pursuant to this chapter, without the necessity of prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or obtain other relief. The environmental court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1992, c 240, pt of §1; am L 1995, c 180, §3; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342B-45 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-45 Citation.

 §342B-45 Citation. (a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation. Violations of vehicular smoke emission rules and open burning control rules shall constitute a violation as defined in section 701-107 and shall be enforced by police officers. The summons or citation shall be printed in the form hereinafter described, warning the person to appear and answer the charge against the person at a certain place and at a time within seven days of the issuance of the summons or citation.  (b) The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.  (c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.  (d) Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.  (e) If any person fails to comply with a summons or citation, the person who issued the summons or citation shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation is a misdemeanor. [L 1992, c 240, pt of §1; am L 1997, c 27, §1; am L 2014, c 218, §8]
HI Rev Stat § 342B-46 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-46 Appeal.

 [ §342B-46] Appeal. If any party is aggrieved by a 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 1992, c 240, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 342B-47 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-47 Civil penalties.

 §342B-47 Civil penalties. (a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than $25 nor more than $2,500 for each separate offense. Each day of each violation constitutes a separate offense.  (b) Any person who violates the open burning control rules adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation constitutes a separate offense.  (c) Any person who violates this chapter, any rule adopted pursuant to this chapter, other than vehicular smoke emission control and open burning control rules, any condition of a permit issued or variance granted pursuant to this chapter, or any fee or filing requirement, shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.  (d) Any person who denies, obstructs, or hampers the entrance, inspection, or monitoring by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.  (e) State of mind shall not be an element of proof for civil violations. [L 1992, c 240, pt of §1; am L 1993, c 208, §8]
HI Rev Stat § 342B-48 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-48 Administrative penalties.

 §342B-48 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director is authorized to impose by order the penalties specified in section 342B-47.  (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 to the violator, or anticipated by the violator, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply; and  (5) Such other matters as 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 is on the violator.  (d) In any judicial proceeding to recover the administrative penalty imposed, the director need only show that:  (1) Notice was given;  (2) A hearing was held or the time granted for requesting a hearing has run without such a request;  (3) The administrative penalty was imposed; and  (4) The penalty remains unpaid. [L 1992, c 240, pt of §1; am L 1994, c 268, §4]
HI Rev Stat § 342B-49 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-49 Criminal penalties.

 §342B-49 Criminal penalties. (a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment not to exceed five years, or both.  (b) Any person who knowingly makes any false statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any monitoring device or method required by the department to be maintained by the person pursuant to this chapter, or who fails to report as required by this chapter, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment for not more than two years, or both.  (c) Any person who negligently releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who at the time negligently places another person in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than one year, or both. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment.  (d) Any person who knowingly releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who knows at the time that another person is thereby placed in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than fifteen years, or both. Any organization which violates this subsection shall be subject to a fine of not more than $1,000,000. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment. [L 1992, c 240, pt of §1; am L 1993, c 208, §9]
HI Rev Stat § 342B-50 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-50 Disposition of collected fines and penalties.

  §342B-50 Disposition of collected fines and penalties. Fines and penalties collected under sections 342B-47, 342B-48, and 342B-49 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1992, c 240, pt of §1]