reglab/housing_qa huggingface dataset:
HI Rev Stat § 342G-113 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-113 Redemption of empty deposit beverage containers.

 §342G-113 Redemption of empty deposit beverage containers. (a) Except as provided in subsection (b), a dealer shall:  (1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value;  (2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and  (3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119 or rules adopted under this part.  (b) Subsection (a) shall not apply to any dealer:  (1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently of a dealer;  (2) Who is located in a rural area as defined by rule;  (3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;  (4) Whose sales of deposit beverage containers are only via vending machines;  (5) Whose place of business is less than five thousand square feet of interior space;  (6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or  (7) Who meets other criteria established by the director. Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience.  (c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.  (d) If there is no redemption center within the two-mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.  (e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center. [L 2002, c 176, pt of §2; am L 2004, c 241, §7; am L 2005, c 206, §3]
HI Rev Stat § 342G-114 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-114 Redemption centers.

  §342G-114 Redemption centers. (a) Prior to operation, redemption centers shall be certified by the department.  (b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department.  (c) The department, at any time, may review the certification of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the department, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw the certification of the center if it finds that there has not been compliance with applicable laws, rules, permit conditions, or certification requirements.  (d) Redemption centers shall:  (1) Accept all types of empty deposit beverage containers for which a deposit has been paid;  (2) Verify that all containers to be redeemed bear a valid Hawaii refund value;  (3) Pay to the redeemer the full refund value in either cash or a redeemable voucher for all deposit beverage containers, except as provided in section 342G-116;  (4) Ensure each deposit beverage container collected is recycled through a contractual agreement with an out-of-state recycler or an in-state recycling facility permitted by the department; provided that this paragraph shall not apply if the redemption center is operated by a recycler permitted by the department;  (5) Remain open at least thirty hours per week in high density population areas, of which at least five hours shall be on Saturday or Sunday; and  (6) Forward the documentation necessary to support claims for payment as stated in section 342G-119.  (e) Redemption centers' redemption areas shall be maintained in full compliance with applicable laws and with the orders and rules of the department, including permitting requirements, if deemed necessary, under chapter 342H.  (f) The department shall develop procedures to facilitate the exchange of information between deposit beverage container manufacturers, distributors, and retailers and certified redemption centers, including but not limited to universal product code information for reverse vending machine purposes. The procedures developed by the department shall allow for a reasonable time period between the introduction of a new deposit beverage product and the deadline for submitting universal product code information to certified redemption centers operating reverse vending machines. [L 2002, c 176, pt of §2; am L 2004, c 241, §8; am L 2005, c 227, §2; am L 2007, c 285, §7]
HI Rev Stat § 342G-114.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-114.5 REPEALED.

 §342G-114.5 REPEALED. L 2006, c 231, §2.
HI Rev Stat § 342G-115 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-115 Reverse vending machine requirements.

  §342G-115 Reverse vending machine requirements. Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G-113. Reverse vending machines shall accept any type of empty deposit beverage container and pay out the full refund value in either cash or a redeemable voucher for those containers that bear a valid Hawaii refund value. If the reverse vending machine is unable to read the barcode then the reverse vending machine shall reject the container. The reverse vending machine shall be routinely serviced to ensure proper operation and continuous acceptance of empty deposit beverage containers and payment of the refund value. [L 2002, c 176, pt of §2; am L 2004, c 241, §9; am L 2005, c 206, §4; ree L 2007, c 285, §8]
HI Rev Stat § 342G-116 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-116 Refusal of refund value payment for a deposit beverage container.

  §342G-116 Refusal of refund value payment for a deposit beverage container. Redemption centers shall refuse to pay the refund value on any broken, corroded, or dismembered deposit beverage container, or any deposit beverage container that:  (1) Contains a free-flowing liquid;  (2) Does not properly indicate a refund value;  (3) Contains a significant amount of foreign material; or  (4) Exhibits characteristics of having been previously processed and baled. [L 2002, c 176, pt of §2; am L 2005, c 206, §5; am L 2007, c 285, §9]
HI Rev Stat § 342G-117 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-117 Handling fees and refund values for certified redemption centers.

  §342G-117 Handling fees and refund values for certified redemption centers. (a) The department shall pay to each certified redemption center a handling fee of not less than the prevailing deposit beverage container fee for each deposit beverage container redeemed by a consumer that is:  (1) Transported out-of-state;  (2) Received by an approved in-state company for an approved end use for recycling; or  (3) Received by a department-permitted recycling facility; provided that the deposit beverage container is physically received by the redemption center.  (b) The department shall evaluate the handling fee at least once per year. If the department changes the amount of the handling fee, the department shall publish notice of the change within thirty days of its determination.  (c) The handling fee shall be paid in addition to the refund value of each empty deposit beverage container. Payments for handling fees shall be based on redemption center reports submitted to the department; provided that there is no discrepancy in the reports. The department may choose to pay the handling fee and refund value on the basis of the total weight of the containers received by material type and the average weight of each container type; provided that the deposit beverage container is physically received by the redemption center.  (d) A handling fee and refund value may only be paid once for each container redeemed by a consumer and claimed by a redemption center in accordance with section 342G-119. [L 2002, c 176, pt of §2; am L 2004, c 241, §10; am L 2007, c 285, §10]
HI Rev Stat § 342G-118 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-118 Reserved.

 §342G-118 Reserved.
HI Rev Stat § 342G-119 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-119 Redemption center reporting.

  §342G-119 Redemption center reporting. The department shall pay certified redemption centers handling fees and refund values as described in section 342G-117, based on collection reports submitted by the redemption centers. All redemption centers shall submit to the department the following information on forms prescribed by the department, which information shall include at a minimum:  (1) The number or weight of deposit beverage containers of each material type accepted at the redemption center for the reporting period;  (2) The amount of refunds paid out by material type;  (3) The number or weight of deposit beverage containers of each material type transported out-of-state or to a permitted recycling facility; and  (4) Copies of out-of-state transport and weight receipts or acceptance receipts from permitted recycling facilities. If the redemption center and the recycling facility are the same entity, copies of out-of-state transport and weight receipts, or documentation of end use accepted by the department, shall also be included. The requests for payment shall be no less than two times per month. [L 2002, c 176, pt of §2; am L 2004, c 241, §11; am L 2005, c 227, §3]
HI Rev Stat § 342G-120 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-120 Recycling facility reporting.

 §342G-120 Recycling facility reporting. Recycling facilities, in addition to any requirements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. [L 2002, c 176, pt of §2]
HI Rev Stat § 342G-121 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-121 Audit authority.

  §342G-121 Audit authority. The records of the deposit beverage distributor, dealer, redemption center, and recycling facility shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the auditor. Any proprietary information obtained by them shall be kept confidential and shall not be disclosed to any other person, except:  (1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or  (2) Under an order issued by a court or administrative agency hearings officer. [L 2002, c 176, pt of §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342G-122 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-122 Advisory committee.

 §342G-122 Advisory committee. The department shall convene an advisory committee to assist it in developing any rules needed to implement this chapter. The department shall select members of the committee so as to obtain input on the state level as well as assess the impact on each individual county, consumers, recyclers, and the beverage industry. Members of the committee shall be appointed by the director and shall serve at the director's pleasure. A simple majority of the committee members shall constitute a quorum for the purposes of recommending rules and providing input to the director. [L 2002, c 176, pt of §2]
HI Rev Stat § 342G-123 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342G. Integrated Solid Waste Management|342G-123 REPEALED.

 §342G-123 REPEALED. L 2006, c 231, §2.
HI Rev Stat § 342H-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-2 Administration.

  §342H-2 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 §4] Cross References  Regulation of nondegradable solid waste, see § §339-21 to 24.
HI Rev Stat § 342H-2.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-2.5 Department of health; delegation of enforcement powers.

  §342H-2.5 Department of health; delegation of enforcement powers. The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested in the department to investigate alleged violations of section 342H-30(c). [L 1994, c 210, §2]
HI Rev Stat § 342H-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-3 Duties; rules; appointment of hearings officers.

  §342H-3 Duties; rules; appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting solid waste. 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 §4; am L 2000, c 253, §150]
HI Rev Stat § 342H-4.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-4.5 REPEALED.

  §342H-4.5 REPEALED. L 2007, c 25, §1.
HI Rev Stat § 342H-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-6 Inspection of premises.

  §342H-6 Inspection of premises. The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, any permit or variance issued 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 solid waste pollution shall be disclosed by the official or employee except as it relates directly to solid waste 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 1989, c 212, pt of §4]
HI Rev Stat § 342H-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-8 Emergency powers; procedures.

 §342H-8 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 disposal of solid waste or any combination of discharges of other waste that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the disposal of solid waste or discharge of other waste to immediately reduce or stop the disposal or discharge, 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 declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §4; am L 1995, c 201, §3] Cross References  Environmental response law, see chapter 128D.
HI Rev Stat § 342H-9 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-9 Penalties.

 §342H-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter 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.  (b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle which the officer or employee is authorized to enter and inspect shall be fined not more than $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §4; am L 1991, c 157, §15; am L 1995, c 180, §21; am L 2014, c 218, §8]
HI Rev Stat § 342H-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-10 Administrative penalties.

 §342H-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 342H-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 §4; am L 1995, c 180, §22]
HI Rev Stat § 342H-10.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-10.5 Disposition of collected fines and penalties. Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows: (1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and (2) One half to the environmental response revolving fund established in section 128D-2. [L 1991, c 157, §4; am L 1994, c 210, §4]

 §342H-10.5 Disposition of collected fines and penalties. Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:  (1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and  (2) One half to the environmental response revolving fund established in section 128D-2. [L 1991, c 157, §4; am L 1994, c 210, §4]
HI Rev Stat § 342H-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-11 Injunctive and other relief.

 §342H-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 prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §4; am L 1995, c 180, §23; am L: 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342H-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-12 Appeal.

  §342H-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 §4; am L 2014, c 218, §8]
HI Rev Stat § 342H-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-13 Fees.

  §342H-13 Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund. [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-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342H. Solid Waste Pollution|342H-14 Public records; confidential information; penalties.

  §342H-14 Public records; confidential information; penalties. Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342H-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §4] Note  The amendment made by L 2014, c 218, §8 is not included in this section.