reglab/housing_qa huggingface dataset:
HI Rev Stat § 128D-5 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-5 Recovery of costs.

  §128D-5 Recovery of costs. (a) Except for costs incurred in responding to a release or threatened release of any pollutant or contaminant and except for costs incurred in accordance with section 128D-4(c)(4), and (5), and except for costs incurred in accordance with section 128D-4(c)(3) for natural resources damage occurring wholly prior to July 1990, any costs incurred and payable from the fund shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any costs which may be recovered pursuant to this section for a remedial or removal action paid from the fund shall include the amount paid from the fund and legal interest.  (b) Moneys recovered by the attorney general pursuant to this section shall be deposited into the account of the fund.  (c) Any action for recovery of response costs referred to in section 128D-6(a)(4)(A) and (C) must be commenced within six years after the date of completion of all response actions.  (d) Any action for recovery of natural resource damages referred to in section 128D-6(a)(4)(B) must be commenced within three years after the later of the following: (1) the date of the discovery of the loss and its connection with the release in question; or (2) the date on which the final regulations are promulgated under section 301(c) of CERCLA. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §6]
HI Rev Stat § 128D-6.5 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-6.5 Limitation of liability for heavy fuel oil releases.

  §128D-6.5 Limitation of liability for heavy fuel oil releases. (a) Notwithstanding any law to the contrary, the liability of any person under section 128D-6 for any release of heavy fuel oil from a tank barge carrying heavy fuel oil interisland shall not exceed $700,000,000.  (b) For the purposes of subsection (a):  "Heavy fuel oil" includes petroleum that is no. 6 technical grades of fuel oil and other grades such as navy special fuel oil and bunker C.  "Release of heavy fuel oil" means a release subject to the federal Oil Pollution Act of 1990.  "Tank barge" means any vessel that carries oil in bulk as cargo or in residue and is not equipped with a means of self propulsion. [L 1996, c 315, §1]
HI Rev Stat § 128D-8 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-8 Civil penalties.

  §128D-8 Civil penalties. (a) Any person who is liable for a release, or threat of a release, of hazardous substances, and who fails, without sufficient cause, to properly provide removal or remedial action pursuant to an administrative order issued by the director, may be liable to the department for punitive damages up to three times the amount of any costs incurred by the fund pursuant to this chapter as a result of the failure to perform the actions specified in the order. The director is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 128D-5.  (b) In addition to liability for costs incurred by the State for the investigation, assessment, containment, and removal of a release or a threat of a release of hazardous substances, any person who wilfully, knowingly, or recklessly violates or fails or refuses to comply with any provision of this chapter, or any order issued, or rule adopted under this chapter, shall be subject to a civil penalty not to exceed $50,000 for each separate violation. Each day a violation continues shall constitute a separate violation. The director is authorized to commence a civil action in the appropriate circuit environmental court to recover such penalties.  (c) Any rule issued pursuant to this chapter shall be adopted in accordance with chapter 91.  (d) Civil penalties collected under this chapter shall be paid to the department for deposit into the revolving fund and may be recovered in a civil action in [an] environmental court of competent jurisdiction where the violation is alleged to have occurred.  (e) In determining the amount of any civil penalty assessed pursuant to this section, the environmental court shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit of savings, if any, resulting from the violation, and such other matters as justice may require. The director may compromise and settle any claim for a penalty pursuant to this chapter. [L 1990, c 298, pt of §17; am L 1991, c 280, § §9, 10; am L 2014, c 218, §8]
HI Rev Stat § 128D-9 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-9 Injunctive relief.

  §128D-9 Injunctive relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive relief to prevent any violation of this chapter, of any rule adopted pursuant to this chapter, or of any order issued pursuant to this chapter. The environmental court shall grant relief in accordance with the Hawaii rules of civil procedure. [L 1990, c 298, pt of §17; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 128D-10 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-10 Knowing releases.

  §128D-10  Knowing releases. Any person who knowingly releases a hazardous substance into the environment in an amount above the reportable quantity established in the rules (other than a permitted release pursuant to and in accord with a federal, state, or county permit), shall be subject to prosecution for a class C felony or shall be punished by a civil penalty of not more than $100,000 per day of violation. [L 1990, c 298, pt of §17; am L 1991, c 280, §11]
HI Rev Stat § 128D-11 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-11 Recordkeeping requirements.

  §128D-11 Recordkeeping requirements.  No person, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any investigative action or request made under this chapter, or any enforcement action taken under this chapter, shall remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any record, report, or information that is the subject of or who has reason to believe that they may be the subject of any investigative action or request under section 128D-4(a) and (b). [L 1990, c 298, pt of §17; am L 1991, c 280, §12]
HI Rev Stat § 128D-12 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-12 Confidentiality of information.

  §128D-12 Confidentiality of information.  (a) Any record, report, or information obtained from any persons under section 128D-4(a) and (b) shall be available to the public, except as provided in subsection (b).  (b) Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, obtained by the department, its personnel or contractors pursuant to this chapter, would divulge commercial or financial information entitled to protection under state or federal law, the department shall consider such information to be confidential and not a public record open to disclosure.  (c) 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 proceeding, 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.  (d) No confidential information, obtained pursuant to this chapter by any official or employee of the department within the scope and cause of this official's or employee's employment in the prevention, control, or cleanup of releases of hazardous substances or pollutants or contaminants into the environment, shall be disclosed by the official or employee with the following exception: the document or information may be disclosed to officers, employees, or authorized representatives of the State or of the United States, including local government entities, who have been charged with carrying out this chapter, including a cost recovery or an enforcement action, or to comply with any state law, CERCLA, or the Clean Water Act, or when relevant in any proceeding under this chapter. Persons receiving information pursuant to this subsection shall maintain the confidentiality of the information which is provided in this section to the maximum extent allowed by law. [L 1990, c 298, pt of §17; am L 1991, c 280, §13]
HI Rev Stat § 128D-13 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-13 Reporting requirements.

  §128D-13 Reporting requirements. The department shall submit to the legislature an annual report, including a comprehensive budget to implement remedial action plans requiring funding by the environmental response revolving fund. This report shall identify those sites eligible for remedial action under CERCLA, including a statement as to any appropriation that may be necessary to pay the State's share of the plan. [L 1990, c 298, pt of §17]
HI Rev Stat § 128D-14 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-14 Public participation.

  §128D-14 Public participation. Public participation activities may be implemented by the department and required of responsible parties, in accordance with the state contingency plan, or any other state rule. [L 1990, c 298, pt of §17]
HI Rev Stat § 128D-15 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-15 Employee protection.

  §128D-15 Employee protection. No person shall terminate from employment or in any other way discriminate against, or cause to be eliminated from employment or discriminated against, any person on the grounds that the person has provided information to the State, filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this chapter, or has refused to act because of the good faith belief that one would be acting in violation of this chapter. No criminal penalty shall be imposed under this chapter upon any person for action taken in the course and scope of the person's employment if the person does not possess managerial or supervisory authority. [L 1990, c 298, pt of §17; am L 1991, c 280, §14; gen ch 2011]
HI Rev Stat § 128D-16 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-16 REPEALED.

  §128D-16 REPEALED. L 1991, c 280, §16.
HI Rev Stat § 128D-19 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-19 Administrative review of orders.

  §128D-19 Administrative review of orders. (a) Any person who receives and complies with the terms of any order issued under this chapter, within sixty days after completion of the required order, may petition the director to appoint a hearings officer for review of the order and for reimbursement from the fund or the State for the reasonable costs of complying with the order, including interest.  (b) Within thirty days of receipt of the petition, the hearings officer shall commence a contested case hearing in compliance with chapter 91, and, within thirty days of the completion of the hearing, grant in whole or in part, or deny the petition.  (c) In the contested case hearing, in order to obtain reimbursement, the petitioner shall establish by clear and convincing evidence that the petitioner is not liable under this chapter and that the costs for which the petitioner seeks reimbursement are reasonable in light of the action required by the order.  (d) A petitioner who is liable under this chapter may recover the petitioner's reasonable costs of compliance with the order from the fund, or, if there are not sufficient moneys in the fund to satisfy the claims, then from the State, to the extent that the petitioner can demonstrate, on the administrative record, that the director's decision in selecting the action ordered was arbitrary and capricious or was otherwise not in accordance with the law. Reimbursement awarded under this subsection shall include all costs incurred by the petitioner pursuant to the order. If only a portion of the order is found to be arbitrary and capricious or otherwise not in accordance with law, reimbursement awarded under this paragraph shall include all costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with the law.  (e) Reimbursement awarded under subsections (c) and (d) may include appropriate costs, fees, and other expenses, including reasonable attorney's fees. [L 1991, c 280, pt of §1]
HI Rev Stat § 128D-20 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-20 De minimis settlements.

  §128D-20 De minimis settlements. (a) Whenever practicable and in the public interest, the director, in consultation with the attorney general, as promptly as possible, shall reach a final settlement with a potentially responsible party in any administrative or civil action brought under this chapter, provided that the settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the director, the conditions in either paragraph (1) or (2) are met:  (1) Both the amount of the hazardous substances contributed by that party to the facility and the toxic or other hazardous effects of the substances contributed by that party to the facility are minimal in comparison to other hazardous substances at the facility; or  (2) The potentially responsible party is the owner of the real property on or in which the facility is located, and did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the facility, and did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omission. This subsection shall not apply if the potentially responsible party purchases the real property with actual or constructive knowledge that the property was used for the generation, storage, treatment, or disposal of any hazardous substance.  (b) The director may provide a covenant not to sue with respect to the facility concerned to any party who has entered into a settlement under this section unless such a covenant would be inconsistent with the public interest.  (c) The director shall reach any such settlement or grant such covenant not to sue as soon as possible after the director has available the information necessary to reach such a settlement or grant such a covenant.  (d) A settlement under this section shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. Any [environmental court] with jurisdiction may enforce any such consent decree or administrative order.  (e) A party who has resolved its liability to the State under this section shall not be liable for claims for contribution or indemnity regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.  (f) Nothing in this section shall be construed to affect the authority of the director to reach settlements with other potentially responsible parties. [L 1991, c 280, pt of §1; am L 2014, c 218, §8] Revision Note  "State court", as amended by L 2014, c 218, §8, changed to "environmental court" pursuant to §23G-15.
HI Rev Stat § 128D-21 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-21 Citizen's suits.

  §128D-21 Citizen's suits. (a) Except as provided in subsections (c) and (d) and in section 128D-17, any person may commence a civil action in the circuit environmental court on the person's own behalf against:  (1) Any person, including the State and any other governmental instrumentality or agency, who is alleged to be in violation of any rule, requirement, or order that has become effective pursuant to this chapter; or  (2) The director, where there is alleged a failure of the director to perform any act or duty under this chapter, that is not discretionary with the director.  (b) The circuit environmental court shall have jurisdiction in actions brought under subsection (a)(1) to enforce the rule, requirement, or order concerned, to order such action as may be necessary to correct the violation, and to impose any civil penalty provided for the violation. The circuit environmental court shall have jurisdiction in actions brought under subsection (a)(2) to order the director to perform the act or duty concerned.  (c) The following shall apply to actions brought pursuant to subsection (a)(1):  (1) No action may be commenced before sixty days after the plaintiff has given notice in accordance with rules adopted under chapter 91 of the violation to:  (A) The director; and  (B) Any alleged violator of the rule, requirement, or order concerned; and  (2) No action may be commenced if the director has issued a notice letter to the violator concerning the violation or has undertaken a response action, including investigation, with respect to the violation.  (d) No action may be commenced under subsection (a)(2) before the sixtieth day following the date on which the plaintiff gives notice to the director that the plaintiff will commence the action. Notice under this subsection shall be given in such manner as the director shall adopt by rule.  (e) The environmental court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the environmental court determines such an award is appropriate.  (f) The State, if not a party to any action under this section, may intervene as a matter of right.  (g) This chapter does not affect or otherwise impair the rights of any person under federal, state, or common law, except with respect to the timing of review as provided in section 128D-17.  (h) No action shall be brought under this section for two years following June 17, 1991. [L 1991, c 280, pt of §1; am L 2014, c 218, §8] Revision Note  "June 17, 1991" substituted for "the effective date of this Act".
HI Rev Stat § 128D-22 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-22 Exemption from duplicative regulation.

  §128D-22 Exemption from duplicative regulation. When there has been a response to a release pursuant to an order issued under federal law, the director may use this chapter to address the same release provided that:  (1) The release creates an imminent and substantial harm to the public health or welfare; and  (2) The federal law has not provided a remedy consistent with the state contingency plan. In those circumstances, the director shall avoid actions in conflict with federal law. A single release may be addressed either by CERCLA or by this chapter, but not both, except in the case of a joint enforcement. Nothing in this chapter shall prevent the director from taking action pursuant to the common law or other statutory provisions necessary to protect the public health and welfare, safety, or the environment. [L 1991, c 280, pt of §1]
HI Rev Stat § 128D-23 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-23 Exemption from state and county permits.

  §128D-23 Exemption from state and county permits. No state or county permit shall be required for the portion of any removal or remedial action conducted entirely on site where such response action is carried out in compliance with this chapter, or where such removal or remedial action is in response to a release of a hazardous substance or pollutant or contaminant that occurred in or on the coastal waters of the State and such removal or remedial action is carried out in compliance with this chapter, the National Contingency Plan, or at the direction of a federal or state on-scene coordinator. [L 1991, c 280, pt of §1; am L 1993, c 324, §3]
HI Rev Stat § 128D-31 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-31 General provisions.

  §128D-31 General provisions. (a) Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part. All voluntary response actions, where an exemption from liability may be granted by the department, shall follow the public participation requirements of the remedial process as described in rules adopted pursuant to part I.  (b) Additionally, within ten days of receiving an application and processing fee, the department shall:  (1) Post a sign at the site notifying the public of participation in the voluntary response program, the public's opportunity to comment, and how a copy of the application may be obtained; and  (2) Send a brief summary of the application to the office of planning and sustainable development for publication in the office's bulletin along with instructions for obtaining a copy of the application and commenting procedures to the department. The comment period shall run concurrently with and shall not delay the application process.  (c) This part shall apply to any person who chooses to conduct a voluntary response action. However, the exemption from liability in section 128D-40 shall only apply to prospective purchasers. [L 1997, c 377, pt of §2; am L 1998, c 233, §1; am L 2021, c 152, §16 and c 153, §9]
HI Rev Stat § 128D-32 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|128D. Environmental Response Law|128D-32 Definitions.

  §128D-32 Definitions. As used in this part, unless the context otherwise requires:  "Prospective purchaser" means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under section 128D-6, prior to a voluntary response action being conducted.  "Requesting party" means the person or persons submitting an application to conduct a voluntary response action.  "Voluntary response action" means a response conducted voluntarily by a requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §2]