reglab/housing_qa huggingface dataset:
HI Rev Stat § 342J-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-21 Priority in courts.

  §342J-21 Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §5] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342J-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-30 Prohibition.

  §342J-30 Prohibition. (a) No person, including any federal agency, the State, or any of its political subdivisions, shall own, operate, or construct a hazardous waste management facility without first securing a permit issued by the director. In addition, no person shall treat, store or dispose of hazardous waste at an unpermitted hazardous waste management facility, unless otherwise permitted by law.  (b) Any person who:  (1) Owns or operates a facility required to have a permit under this section which was in existence on November 19, 1980, or was in existence on the effective date of statutory or regulatory changes under RCRA that were made prior to the effective date of the first rules adopted under this chapter, and that rendered the facility subject to the requirement to have an RCRA permit, or is in existence on the effective date of statutory or regulatory changes under this chapter that are made after the effective date of the first rules adopted under this chapter and that render the facility subject to the requirement to have a permit under this section;  (2) Has complied with the requirements of section 3010(a) of RCRA, 42 United States Code §6930(a), or section 342J-6.5; and  (3) Has made an application for a permit under section 3005 of RCRA, 42 United States Code §6925, or section 342J-5; shall be treated as having been issued a permit until final administrative disposition of an application has been made unless the director proves that final administrative disposition of the application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process that application. The facilities shall be deemed to have interim status. This subsection shall not apply to any facility which has been previously denied a permit under section 3005 of RCRA, 42 United States Code §6925 or section 342J-5 or if authority to operate the facility under section 3005 of RCRA, 42 United States Code §6925 or this section has been previously terminated.  (c) The director shall have the authority to publish schedules for the submission of permit applications and other information reasonably required and or requested in order to process that application. Failure to comply with such schedules shall be a basis for automatic termination of interim status. [L 1989, c 212, pt of §5; am L 1991, c 259, §14; am L 1992, c 154, §1; am L 1993, c 267, §2]
HI Rev Stat § 342J-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-31 Duties; rules.

  §342J-31 Duties; rules. In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate hazardous waste pollution in this State. In the discharge of this duty the director may:  (1) Adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules;  (2) Administer and enforce this chapter, rules implementing this chapter, and orders and permits issued pursuant to this chapter;  (3) Establish by rule a list of hazardous wastes and a set of characteristics for identifying hazardous wastes;  (4) Prohibit land disposal of specified hazardous wastes;  (5) Inventory sites and locations in the State where hazardous wastes have been stored or disposed of at any time; and  (6) Promote industrial practices that minimize, recycle, reduce, avoid, or eliminate generation of hazardous waste. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-32 Standards for generators.

  §342J-32 Standards for generators. The director may establish by rule standards applicable to generators of hazardous waste identified under this chapter including, but not limited to, requirements regarding:  (1) Obtaining an identification number;  (2) Requiring a solid waste generator to determine whether the waste that that person has generated is hazardous waste;  (3) Using appropriate containers for hazardous waste;  (4) Packaging, labeling, marking, and placarding practices;  (5) Transporting and international shipping of hazardous waste;  (6) Developing a manifest system to track movements of hazardous wastes to designated facilities; and  (7) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-33 Standards for transporters.

  §342J-33 Standards for transporters. The director may establish by rule standards applicable to transporters of hazardous waste identified or listed under this chapter including, but not limited to, requirements regarding:  (1) Obtaining an identification number;  (2) Labeling practices;  (3) Transporting hazardous waste;  (4) Requiring action, including cleanup, if hazardous waste is discharged in transit;  (5) Using the manifest properly; and  (6) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5] Cross References  Transportation of hazardous materials, see § §286-221 to 227.
HI Rev Stat § 342J-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-34 Standards for treatment, storage, or disposal facilities.

  §342J-34 Standards for treatment, storage, or disposal facilities. The director may establish by rules standards applicable to owners and operators of facilities for treatment, storage, or disposal of hazardous waste, identified or listed under this chapter, including but not limited to, requirements regarding:  (1) Obtaining an identification number;  (2) Inspection, monitoring, submitting reports, and recordkeeping practices;  (3) Using the manifest properly;  (4) Designing, constructing, and locating of hazardous waste management facilities;  (5) Developing contingency plans to minimize unanticipated damage from treatment, storage, or disposal of hazardous waste;  (6) Maintaining and operating hazardous waste management facilities;  (7) Determining qualifications as to ownership, continuity of operation, training for personnel, closure and post-closure requirements, and financial responsibility (including financial responsibility for corrective action); and  (8) Issuing permits for hazardous waste management facilities. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-34.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-34.5 Standards for persons who deal with fuel.

 §342J-34.5 Standards for persons who deal with fuel. The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose of, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle any:  (1) Fuel from any hazardous waste; or  (2) Fuel from any hazardous waste and any other material; or  (3) Fuel which otherwise contains any hazardous waste. [L 1991, c 259, pt of §1; am L 1996, c 82, §4]
HI Rev Stat § 342J-34.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-34.6 Brokers; notification; and identification numbers.

  §342J-34.6 Brokers; notification; and identification numbers. (a) Not later than forty-five days after July 1, 1994, any person who acts as a hazardous waste broker, with respect to any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker.  (b) Not later than forty-five days after the adoption of any rule pursuant to this chapter that lists or identifies by characteristics any substance as hazardous waste, any person who acts as a hazardous waste broker with respect to such substance shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker. This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).  (c) Each hazardous waste broker shall be issued only one identification number.  (d) Any person required by this section to provide notification to the department shall advise the department of the following information, including any which may have changed during the prior year:  (1) Location of each business;  (2) Name of business;  (3) Mailing address of each business;  (4) Name of person who operates the facility at which hazardous waste is handled;  (5) Name of owner of the facility at which hazardous waste is handled;  (6) Name of owner of land at which hazardous waste is handled; and  (7) A copy of a notice sent by the broker to the facility owner, or owner's agent, of the facility or land used by the broker as the broker's principal place of business. The notice shall be mailed by certified mail to the owner, or owner's agent, and shall describe the broker's hazardous waste handling activities.  (e) This section shall not apply to owners or operators of hazardous waste treatment, storage, or disposal facilities. [L 1994, c 267, §2; am L 2001, c 8, §1]
HI Rev Stat § 342J-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-35 Other rules.

  §342J-35 Other rules. The director may adopt other rules which are necessary to obtain and maintain authorization under the federal program. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-36 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-36 Hazardous waste releases.

 §342J-36 Hazardous waste releases. (a) Whenever the director determines that there has been a release of hazardous waste or of a hazardous waste constituent into the environment from a facility handling hazardous wastes, the director may:  (1) Require the facility or site to undertake corrective action or such other response action as the director deems necessary to protect human health or the environment; and  (2) Require that corrective action be taken beyond the facility boundary where necessary to protect human health or the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the director that, despite the owner or operator €™s best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action.  (b) Whenever the director determines that there is or has been a release of hazardous waste or of a hazardous waste constituent into the environment from a hazardous waste management facility or site, the director may issue an order requiring corrective action to protect human health or the environment, or the director may commence a civil action for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief. For purposes of enforcement, failure to comply with an order issued pursuant to this chapter shall constitute a violation of a requirement of this chapter.  (c) Any person to whom the order is issued may be required to submit to the director within thirty days a proposal for carrying out the required monitoring, testing, analysis, and reporting.  (d) If the director determines that the owner or operator is not able to conduct corrective action in a satisfactory manner, the director may dictate the conduct of such activity, the cost of which shall remain the responsibility of the owner or operator.  (e) Each permit issued by the director under this chapter shall require corrective action for all releases of hazardous waste or any hazardous waste constituent into the environment from the facility seeking the permit. Permits may contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit), and shall contain assurances of financial responsibility for completing such corrective action.  (f) If the action that results in a release otherwise constitutes a violation of this chapter, nothing in this section shall be construed to preclude the director from taking appropriate action under other provisions of this chapter.  (g) Public notice shall be given for proposed decisions on a final remedy. [L 1989, c 212, pt of §5; am L 1990, c 298, §13; am L 1991, c 259, §15; am L 1995, c 180, §29] Cross References  Environmental response law, see chapter 128D.  Hawaii emergency planning and community right-to-know act, see chapter 128E.
HI Rev Stat § 342J-37 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-37 Complaints; hearings; appointment of masters.

  §342J-37 Complaints; hearings; appointment of masters. The director may:  (1) Receive or initiate complaints, hold hearings, and institute legal proceedings in the name of the State for prevention, control, or abatement of hazardous waste pollution; and  (2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-38 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-38 Public participation activities; appointment of hearings officers.

  §342J-38 Public participation activities; appointment of hearings officers. 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 2000, c 253, §150]
HI Rev Stat § 342J-39 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-39 Research programs.

  §342J-39 Research programs. The director may initiate, conduct, and support research, demonstration projects, and investigation, as the department €™s resources may allow, and coordinate state agency research programs pertaining to hazardous waste management. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-40 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-40 Receipt of funds for study and control of hazardous waste.

  §342J-40 Receipt of funds for study and control of hazardous waste. The director may cooperate with and receive money, with the approval of the governor, from the federal government, any political subdivision of the State, or from private sources for the study and control of hazardous waste. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-41 Technical assistance to generators.

  §342J-41 Technical assistance to generators. (a) The department shall establish a technical assistance program for generators of hazardous waste in the State. The program shall be designed to assist generators in obtaining information concerning hazardous waste management:  (1) To identify and apply methods of reducing the generation of hazardous wastes;  (2) To facilitate improved management of hazardous waste and compliance with the department €™s requirements; and  (3) For other similar purposes. The program shall emphasize assistance to the smaller businesses and small quantity generators that have limited technical and financial resources for obtaining information, assessing hazardous waste management methods, and developing and applying hazardous waste reduction techniques. Information and techniques developed under this program shall be made available to all generators in the State.  (b) The assistance program shall include at least the following elements:  (1) Outreach programs, including on-site consultation at locations where hazardous waste is generated, seminars, workshops, training programs, and other similar activities designed to assist generators in evaluating their hazardous waste generation and management practices, identifying opportunities for waste reduction and improved management, and identifying subjects that require additional information and research;  (2) A program to assemble, catalog, and disseminate information about hazardous waste reduction and management methods, available commercial waste management facilities and consultant services, and regulatory programs;  (3) Evaluation and interpretation of information needed by generators to improve their management of hazardous waste; and  (4) Informational and technical research to identify alternative technical solutions that can be applied by specific generators to reduce the generation of hazardous waste.  (c) The program shall be coordinated with other public and private programs that provide management and technical assistance to smaller businesses and small quantity generators, including any program operated by a public or private educational institution. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-42 Public education program.

  §342J-42 Public education program. The department shall develop and implement a public education program, the objectives of which shall be to:  (1) Develop increased public awareness of and interest in environmentally sound hazardous waste management methods;  (2) Encourage better informed decisions on hazardous waste management issues by businesses, industries, local governments, and the public; and  (3) Disseminate practical information concerning methods in which households, other institutions, and organizations can improve the management of hazardous waste. [L 1989, c 212, pt of §5]
HI Rev Stat § 342J-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-51 Definitions.

  §342J-51 Definitions. Except as expressly defined in this part, terms that are defined in section 342J-2 have the same meanings when used in this part.  "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any used oil or used oil fuel into or on any land or water so that the used oil, used oil fuel, or any constituent thereof may enter the environment, be emitted into the air, or discharged into any waters, including ground waters.  "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the handling of used oil or used oil fuel.  "Generator" means any person, by site, whose act or process produces used oil or used oil fuel or whose act first causes used oil or used oil fuel to become subject to regulation.  "Operator" means the person responsible for the overall operation of a facility as defined in this section.  "Owner" means the person who owns a facility or part of a facility as defined in this section.  "Permit" means written authorization from the director for a person to engage in the handling of used oil or used oil fuel.  "Pollution" means pollution by mismanagement or mishandling of used oil or used oil fuel.  "Specification fuel" means recycled oil which meets specific standards that are set by the director. These standards, at a minimum, shall comply with those set by the federal Environmental Protection Agency for specification fuel.  "Storage" means the containment of used oil or used oil fuel, temporarily or for a period of time, in a manner which does not constitute disposal.  "Transporter" means any person who transports used oil or used oil fuel, any person who collects used oil or used oil fuel from more than one generator and transports the collected used oil or used oil fuel, and owners and operators of used oil or used oil fuel transfer facilities.  "Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any used oil or used oil fuel.  "Used oil" means any oil (regardless of whether it is a hazardous waste) that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. [L 1996, c 82, pt of §1]
HI Rev Stat § 342J-52 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-52 Standards for persons who deal with used oil or used oil fuel.

  §342J-52 Standards for persons who deal with used oil or used oil fuel. (a) The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle used oil or used oil fuel, regardless of whether the used oil or used oil fuel is a hazardous waste.  (b) No new oil, used oil, or recycled oil shall be discharged or caused or allowed to enter into the sewers, drainage systems, surface or ground waters, watercourse, marine waters, or onto the ground. The prohibition shall not apply to inadvertent, normal discharges from vehicles and equipment, or maintenance and repair activities associated with vehicles; provided that appropriate measures are taken to minimize releases. Appropriate measures include, but are not limited to, use of drip pans, institution of structural catchment systems, use of absorbent materials, and other similar measures. [L 1996, c 82, pt of §1]
HI Rev Stat § 342J-53 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-53 Permit required.

  §342J-53 Permit required. No person shall transport, market, or recycle used oil or used oil fuel without first obtaining a permit from the department. The director may require any person who generates and burns the person €™s own used oil as specification fuel to notify the department of the person €™s activity. [L 1996, c 82, pt of §1]
HI Rev Stat § 342J-55 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-55 Furnishing of information and entry and inspection of premises.

  §342J-55 Furnishing of information and entry and inspection of premises. (a) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, any person who generates, transports, treats, stores, disposes of, processes, re-refines, burns (including burning for purposes of energy recovery), recycles, distributes, markets, or otherwise handles or has handled used oil or used oil fuel, upon the request of any duly authorized representative of the director, shall furnish information relating to the used oil or used oil fuel and permit the representative at all reasonable times to have access to, and to copy all records relating to the used oil or used oil fuel.  (b) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, the authorized representative may:  (1) Enter, at reasonable times, any establishment or other place where used oil or used oil fuel is or has been generated, transported from, treated, stored, disposed of, processed, re-refined, burned (including burning for purposes of energy recovery), recycled, distributed, marketed, or otherwise handled;  (2) Inspect and obtain samples of any used oil or used oil fuel and samples of any containers or labeling for used oil or used oil fuel; and  (3) Obtain any other information, including financial information, for purposes of determining compliance with this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter. Each inspection shall be commenced and completed with reasonable promptness. [L 1996, c 82, pt of §1]