reglab/housing_qa huggingface dataset:
HI Rev Stat § 342B-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-51 Enforcement by state and county authorities.

  §342B-51 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 1992, c 240, pt of §1]
HI Rev Stat § 342B-52 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-52 Nonliability of department personnel.

  §342B-52 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 342B-31. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-53 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-53 Other action not barred.

  §342B-53 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 1992, c 240, pt of §1]
HI Rev Stat § 342B-54 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-54 Priority in courts.

  §342B-54 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 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-55 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-55 Consent orders; settlement agreements.

 §342B-55 Consent orders; settlement agreements. Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director or the State is a party is final or filed with [an] environmental court, the director shall provide public notice and an opportunity for the public to comment. The director shall promptly consider any written comments and may withdraw or withhold consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this chapter. Nothing in this section shall apply to civil or criminal penalties under this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §10; am L 2014, c 218, §8]
HI Rev Stat § 342B-61 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-61 Small business assistance program.

  §342B-61 Small business assistance program. (a) The director shall establish within the department a small business assistance program to provide technical support and environmental compliance information to those small business stationary sources subject to the provisions of this chapter. The small business assistance program shall:  (1) Develop, collect, and coordinate information concerning compliance methods and technologies for small business stationary sources;  (2) Assist small business stationary sources with air pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution;  (3) Assist small business stationary sources in determining applicable requirements and in obtaining permits pursuant to this chapter in a timely and efficient manner;  (4) Assure that small business stationary sources receive in a timely manner notice of their rights and of any applicable rules or standards proposed or adopted pursuant to this chapter;  (5) Inform small business stationary sources of their obligations pursuant to this chapter;  (6) Develop procedures for referring small business stationary sources to qualified consultants in evaluating the operations of such sources and in determining compliance with this chapter; and  (7) Develop procedures to consider requests from small business stationary sources for modification of:  (A) Any work practice or technological compliance methods; or  (B) The milestones for implementing such work practice or compliance method;  based on the technological and financial capability of any such small business stationary source. No modification may be granted unless it is in compliance with the applicable requirements of this chapter and the Clean Air Act.  (b) The director, upon petition by a small business stationary source, after notice and opportunity for public comment, may include as a small business stationary source for purposes of this chapter any stationary source which does not meet the criteria for items (3), (4), or (5) of the definition of "small business stationary source" provided the stationary source does not emit more than one hundred tons per year of all regulated air pollutants.  (c) The director, in consultation with the administrator and the administrator of the federal Small Business Administration and after providing notice and opportunity for public comment, may exclude from the definition of "small business stationary source" any category or subcategory of sources that the administrator or the director determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the application of this part. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-62 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-62 Compliance advisory council; establishment; appointment, number, and term of members; duties.

  §342B-62 Compliance advisory council; establishment; appointment, number, and term of members; duties. (a) There is established within the department, for administrative purposes, an advisory council to be known as the compliance advisory council which shall:  (1) Render advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered, and the degree and severity of enforcement;  (2) Make periodic reports to the administrator concerning the compliance of the small business assistance program with the requirements of the federal Paperwork Reduction Act (44 United States Code subsection 3501 et seq.), the Regulatory Flexibility Act (5 United States Code subsection 601 et seq.), and the Equal Access to Justice Act (Public Law 96-354);  (3) Review information for small business stationary sources to assure such information is understandable by the layperson;  (4) Have the small business assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions; and  (5) Perform other duties as required by the director.  (b) The council shall be composed of seven voting members. The members shall be appointed in the manner provided in section 26-34, except as provided otherwise in this section.  (c) The members of the council shall be selected as follows:  (1) Two persons who are not owners, or representative of owners, of small business stationary sources selected by the governor to represent the general public;  (2) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the house of representatives, and one member selected by the minority leadership of the house of representatives;  (3) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the senate and one member selected by the minority leadership of the senate; and  (4) One member selected by the director to represent the department.  (d) The members shall serve for two-year terms. The council shall elect its officers, and four members shall constitute a quorum. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-71 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-71 Statewide greenhouse gas emissions limit, adoption.

  §342B-71 Statewide greenhouse gas emissions limit, adoption. A statewide greenhouse gas emissions limit to be achieved by 2020 is hereby established that is equal to or below the level of the statewide greenhouse gas emissions in 1990, as determined by section 3 of Act 234, Session Laws of Hawaii 2007; provided that for the purposes of this Act greenhouse gas emissions from airplanes shall not be included. [L 2007, c 234, pt of §8]
HI Rev Stat § 342B-72 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-72 Greenhouse gas emissions limits; rules.

  §342B-72 Greenhouse gas emissions limits; rules. (a) Before December 31, 2011, the director shall adopt rules pursuant to chapter 91:  (1) Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and  (2) Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part, to become operative beginning on January 1, 2012.  (b) The director, to the extent feasible to achieve the statewide greenhouse gas emissions limit, shall adopt rules pursuant to chapter 91 and this section based upon the recommendations and findings of the work plan created pursuant to section 6 of Act 234, Session Laws of Hawaii 2007.  (c) Any rule adopted by the director pursuant to this section shall ensure all of the following:  (1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the director; and  (2) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this part.  (d) The director shall periodically review and update state emission reporting requirements and endeavor to make the requirements consistent with the requirements of international, federal, and other states' greenhouse gas emission reporting programs, as necessary.  (e) After January 1, 2012, the director may revise rules adopted pursuant to this section and adopt additional rules to further this part. [L 2007, c 234, pt of §8] Law Journals and Reviews  What Can the Abolition of Slavery Teach Us About Climate Change? Local Action in the Liquefied Natural Gas Controversy. 35 UH L. Rev. 687 (2013).  Lorenzo's Answer. 41 UH L. Rev. 248 (2019).
HI Rev Stat § 342B-73 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-73 Schedule of fees; establishment.

  §342B-73 Schedule of fees; establishment. The director may adopt rules pursuant to chapter 91 that specify a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this part. The revenues collected pursuant to this section shall be deposited into the clean air special fund established under section 342B-32 to be used for the purposes thereof. [L 2007, c 234, pt of §8]
HI Rev Stat § 342C-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342C. Ozone Layer Protection|342C-1 Definitions.

 §342C-1 Definitions. As used in this chapter, unless the context otherwise requires:  "Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.  "Department" means the department of health.  "Director" means the director of health.  "Halon" means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402.  "Mobile air conditioner" means an air conditioner designed for installation in a motor vehicle.  "Ozone-depleting compound" means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound.  "Person" includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization.  "Portable" means capable of being carried in hand by one individual. [L 1990, c 316, pt of §2; am L 1992, c 264, §2]
HI Rev Stat § 342C-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342C. Ozone Layer Protection|342C-2 Prohibited acts.

 §342C-2 Prohibited acts. (a) Effective January 1, 1991, no person in this State shall sell or offer for sale any CFC refrigerant suitable for use in air conditioners or mobile air conditioners in containers that are smaller than fifteen pounds net.  (b) No person in this State shall wilfully cause or allow CFCs to be released into the air from any source or process regulated by this chapter, other than through common use of a product, or in the course of attempting to recover, recycle, or safely dispose of CFCs while exercising due care to prevent unnecessary releases of CFCs into the air to the extent practicable and in compliance with applicable rules.  (c) Effective July 1, 1993, no person in this State shall:  (1) Purchase, distribute, manufacture, import, sell, or offer for sale, any portable fire extinguisher that contains a halon or other ozone-depleting compound; or  (2) Repair, service, or perform maintenance on any portable fire extinguishing system or unit without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds. Exempted from this prohibition is the sale of portable halon fire extinguishers for use in aircraft, which may be sold to purchasing agents of airline companies, or to private individuals upon presentation of a pilots license. [L 1990, c 316, pt of §2; am L 1992, c 264, §3]
HI Rev Stat § 342C-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342C. Ozone Layer Protection|342C-3 Refrigerators and freezers.

  §342C-3 Refrigerators and freezers. Nothing in this chapter shall apply to refrigerators or freezers. [L 1990, c 316, pt of §2]
HI Rev Stat § 342C-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342C. Ozone Layer Protection|342C-4 Rules.

  §342C-4 Rules. The department shall adopt rules necessary for the purposes of this chapter. [L 1990, c 316, pt of §2]
HI Rev Stat § 342C-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342C. Ozone Layer Protection|342C-5 Penalties.

 §342C-5 Penalties. (a) Any person who violates the provisions of this chapter pertaining to ozone layer protection or any rule adopted by the department pursuant to this chapter shall be fined not more than $1,000 for each separate offense.  (b) Each unit of CFC refrigerant sold or offered for sale, and each wilful release of CFCs into the air, shall constitute a separate offense.  (c) Each portable fire extinguisher, containing a halon or other ozone-depleting compound, that is purchased, distributed, manufactured, imported, sold, or offered for sale, shall constitute a separate offense.  (d) Each portable fire extinguishing system or unit that is repaired, serviced, or upon which maintenance is performed, without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds, shall constitute a separate offense.  (e) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1990, c 316, pt of §2; am L 1992, c 264, §4]
HI Rev Stat § 342D-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-2 Administration.

  §342D-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 §2]
HI Rev Stat § 342D-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-3 Board membership.

  §342D-3 Board membership. Notwithstanding any law to the contrary, no individual, board, or body of this State which grants permits required under this chapter shall be or include, as a member, any person who receives or has during the previous two years received, a significant portion of the person's income directly or indirectly from permit holders or applicants for a permit; provided that for the purposes of this section, no agency, board, or body of the State shall be considered a permit holder or applicant for a permit. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-4 Duties; rules.

  §342D-4 Duties; rules. In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution. In the discharge of this duty, the director may 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. [L 1989, c 212, pt of §2; am L 1995, c 180, §6; am L 1999, c 193, §3]
HI Rev Stat § 342D-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-5 Rules; specific.

  §342D-5 Rules; specific. The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-6.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-6.5 Hawaiian loko i`a.

  §342D-6.5 Hawaiian loko i`a. (a) The department shall process applications for permits and water quality certifications for the reconstruction, restoration, repair, or reuse of any loko i`a, or Hawaiian fishpond as defined in section 183B-1, before all other permits and certifications. The director shall render a decision on the completeness of any application for that permit or water quality certification within thirty days of receipt. Applications for loko i`a reconstruction, restoration, or repair that are incomplete shall be denied without prejudice. The director shall render a decision on any complete application for a permit or water quality certification for any loko i`a within one hundred fifty days.  (b) The department shall waive the requirement to obtain water quality certification under this chapter for any person that has received notice of authorization to proceed from the department of land and natural resources office of conservation and coastal lands under the statewide programmatic general permit for the restoration, repair, maintenance, and operation of loko i`a.  (c) For purposes of this section:  "Water quality certification" means state certification pursuant to section 401 of the federal Clean Water Act. [L 1995, c 177, §3; am L 2015, c 230, §2]
HI Rev Stat § 342D-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-8 Inspection of premises.

 §342D-8 Inspection of premises. (a) The director, in accordance with law, may enter and inspect any building or place to:  (1) Investigate an actual or suspected source of water pollution;  (2) Investigate actual or suspected management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution;  (3) Ascertain compliance or noncompliance with this chapter, 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  (4) Make reasonable tests in connection therewith.  (b) The director may require any permittee or holder of a variance or person subject to pretreatment requirements to permit the director or the director's authorized representative upon the presentation of the director's or representative's credentials:  (1) To enter upon permittee's or variance holder's premises or premises of a person subject to pretreatment requirements in which an effluent source is located or in which any records are required to be kept under the terms and conditions of the permit or variance or pretreatment requirements;  (2) To inspect any monitoring equipment or method required in the permit or variance or by pretreatment requirements; and  (3) To sample any discharge of water pollutants or effluent.  (c) 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 water pollution shall be disclosed by the official or employee except as it relates directly to water 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 §2; am L 1995, c 180, §8; am L 1999, c 193, §5]
HI Rev Stat § 342D-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-10 Emergency powers; procedures.

 §342D-10 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 discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, 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. Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.  (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 §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6] Cross References  Environmental response law, see chapter 128D.