reglab/housing_qa huggingface dataset:
HI Rev Stat § 342D-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-11 Injunctive and other relief.

 §342D-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 §2; am L 1995, c 180, §11; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342D-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-12 Appeal.

  §342D-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 §2; am L 2014, c 218, §8]
HI Rev Stat § 342D-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-13 Fees.

  §342D-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 §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342D-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-14 Public records; confidential information; penalties.

  §342D-14 Public records; confidential information; penalties. Reports submitted to the department on discharges of waste 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 342D-8 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 §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342D-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-15 Nonliability of department personnel.

  §342D-15 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 342D-14. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-16 Remedies preserved.

  §342D-16 Remedies preserved. No existing civil or criminal remedy for any wrongful action that 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. No existing civil or criminal remedy shall exclude or impair the remedies provided in this chapter. [L 1989, c 212, pt of §2; am L 1999, c 193, §7]
HI Rev Stat § 342D-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-17 Enforcement by state and county authorities.

  §342D-17 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §2] Law Journals and Reviews  Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
HI Rev Stat § 342D-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-18 Other powers of department not affected.

  §342D-18 Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-19 Effect of laws, ordinances, and rules.

  §342D-19 Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.  (b) Any county may adopt ordinances and rules governing any matter relating to water pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to water pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof except as provided in subsection (c).  (c) Any county desiring to administer its own laws, ordinances, and rules on the design, construction, and operation of sewerage and treatment facilities may submit to the director a full and complete description of the program it proposes to establish and administer under county law. In addition, the county shall submit a statement from its corporation counsel or county attorney that the laws of the county provide adequate authority and the standards are equal to or more stringent than the standards of the department to carry out the described program. The director shall approve each such submitted program unless the director determines that either adequate authority does not exist or the proposed standards are less stringent than those of the department. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-20 Priority in courts.

  §342D-20 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 §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342D-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.

 §342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition. (a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed healthcare provider.  (b) No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021.  (c) For purposes of this section:  "Licensed healthcare provider" means a physician or osteopathic physician licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.  "Octinoxate" refers to the chemical (RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 5466-77-3; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.  "Oxybenzone" refers to the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 131-57-7; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.  "Prescription" means an order for medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in a hospital. "Prescription" includes an order for a sunscreen.  "Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face. [L 2018, c 104, §2]
HI Rev Stat § 342D-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-30 Civil penalties.

  §342D-30 Civil penalties. (a) Any person who violates this chapter, any rule, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 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 section shall be considered a civil action. In determining the amount of a civil penalty the environmental court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of these violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and any other matters that justice may require. It shall be presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof of the contrary is on the violator.  (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 that the officer or employee is authorized to enter and inspect shall be fined not more than $10,000 for each day of denial, obstruction, or hampering. 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 §2; am L 1991, c 157, §12; am L 1995, c 180, §12; am L 1997, c 147, §2; am L 1999, c 193, §8; am L 2014, c 218, §8]
HI Rev Stat § 342D-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-31 Administrative penalties.

 §342D-31 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 342D-30.  (b) Factors to be considered in imposing an administrative penalty include:  (1) The nature, circumstances, extent, gravity, and history of the violation and of any prior violations;  (2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply;  (5) Degree of culpability; and  (6) Such other matters as justice may require.  (c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator. [L 1989, c 212, pt of §2; am L 1994, c 269, §2; am L 1995, c 180, §13; am L 1999, c 193, §9]
HI Rev Stat § 342D-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-32 Negligent violations.

  §342D-32 Negligent violations. Any person who:  (1) Negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program under this chapter; or  (2) Negligently introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under this chapter; shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or by both. [L 1989, c 212, pt of §2; am L 1994, c 5, §2]
HI Rev Stat § 342D-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-33 Knowing violations.

  §342D-33 Knowing violations. Any person who:  (1) Knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program; or  (2) Knowingly introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under this chapter; shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than six years, or by both. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-34 Knowing endangerment.

  §342D-34 Knowing endangerment. (a) Any person who knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than fifteen years, or both.  (b) A person which is an organization, upon conviction of violating this section, shall be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this section, the maximum punishment shall be doubled with respect to both fine and imprisonment.  (c) For the purpose of this section, in determining whether a defendant who is an individual knew that the individual's conduct placed another person in imminent danger of death or serious bodily injury:  (1) The person is responsible only for actual awareness or actual belief that the person possessed; and  (2) Knowledge possessed by a person other than the defendant but not by the defendant may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself or herself from relevant information.  (d) It is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:  (1) An occupation, a business, or a profession; or  (2) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this section by a preponderance of the evidence.  (e) The term "organization" means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.  (f) The term "serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-35 False statements.

  §342D-35 False statements. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-36 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-36 Treatment of single operational upset.

  §342D-36 Treatment of single operational upset. For the purpose of this part, a single operational upset which leads to simultaneous violations of more than one water pollutant parameter shall be treated as a single violation. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-37 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-37 Responsible corporate officer as "person".

  §342D-37 Responsible corporate officer as "person". For the purpose of this chapter, the term "person" means, in addition to the definition contained in section 342D-1, any responsible corporate officer. [L 1989, c 212, pt of §2]
HI Rev Stat § 342D-38 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-38 Hazardous substance defined.

  §342D-38 Hazardous substance defined. For the purpose of this part, the term "hazardous substance" means:  (1) Any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act, as amended (FWPCA);  (2) Any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980;  (3) Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress);  (4) Any toxic pollutant listed under section 307(a) of the FWPCA; and  (5) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the Toxic Substances Control Act. [L 1989, c 212, pt of §2] Cross References  Environmental response law, see chapter 128D.  Hawaii emergency planning and community right-to-know act, see chapter 128E.
HI Rev Stat § 342D-39 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-39 Disposition of collected fines and penalties.

  §342D-39 Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §2]
HI Rev Stat § 342D-50 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-50 Prohibition.

  §342D-50 Prohibition. (a) No person, including any public body, shall discharge any water pollutant into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director.  (b) No person, including any public body, shall knowingly establish, extend, or alter any system of drainage, sewage, or water supply, or undertake any project in sewage outfall areas where there may be a possibility of alteration of currents depended upon for dilution without first securing approval in writing from the director.  (c) No person, including any industrial user, shall discharge any water pollutant or effluent into a publicly owned treatment works or sewerage system in violation of:  (1) A pretreatment standard established by the department or the publicly owned treatment works; or  (2) A pretreatment condition in a permit issued by the department or a publicly owned treatment works.  (d) No person, including any public body, shall violate any rule adopted pursuant to this chapter or any permit or variance issued or modified pursuant to this chapter. [L 1989, c 212, pt of §2; am L 1995, c 180, §14]
HI Rev Stat § 342D-50.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-50.5 Treated or raw sewage; prohibition.

  §342D-50.5 Treated or raw sewage; prohibition. (a) Notwithstanding any other law to the contrary, no person, including any public body, shall discharge any treated or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a sewage treatment plant that:  (1) Utilizes sewage to produce clean energy pursuant to section 196-10.5; and  (2) Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director.  (b) Nothing in this section shall be construed to:  (1) Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or  (2) Allow the discharge of treated or raw sewage into state waters in violation of any federal statute, rule, or regulation. [L 2016, c 248, §1]
HI Rev Stat § 342D-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342D. Water Pollution|342D-51 Affirmative duty to report discharges.

 §342D-51 Affirmative duty to report discharges. Any person who has caused an unlawful discharge under section 342D-50(a) has an affirmative duty to report the incident to the director within twenty-four hours of the discharge, unless a valid permit issued under section 342D-6 specifies another reporting period for the specific discharge. [L 1989, c 212, pt of §2; am L 1991, c 157, §13]