reglab/housing_qa huggingface dataset:
HI Rev Stat § 180-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-13 Powers of districts and directors.

  §180-13 Powers of districts and directors. A district organized under this chapter, and the directors thereof, shall have, in addition to other powers granted in this chapter, the power to:  (1) Provide for and encourage surveys, investigations, and research relating to soil and water conservation, and publish and disseminate information concerning such subjects;  (2) Provide for and encourage demonstrations relative to control and prevention of erosion and conservation of soil and water resources, and carry out preventive and control measures, on publicly owned lands within the district with the consent of the agency having jurisdiction thereof, and on other lands with the consent of the occupier of the lands;  (3) Cooperate or enter into agreements with, and furnish financial or other aid, including machinery, equipment, fertilizer, seeds, and other material, to any agency or any occupier of lands within the district, for carrying on soil and water control conservation and operations, subject to such conditions as the directors may deem necessary;  (4) Acquire property, real or personal, or rights or interest therein; maintain, administer, and improve the property, receive income from it, and expend the income in carrying out the purposes of this chapter; and sell, lease, or otherwise dispose of any of such property;  (5) Construct, improve, and maintain any structures necessary for carrying out the purposes of this chapter;  (6) Develop plans for conservation of soil and water resources and control and prevention of erosion within the district, and publish or otherwise bring them to the attention of district land occupiers;  (7) Accept contributions in money, services, materials or otherwise from any source, and use or expend them in carrying out its operations;  (8) Sue and be sued; have a seal, which seal shall be judicially noticed; and make and execute any necessary contracts or other instruments;  (9) As a condition to the extending of benefits, or the performance of work upon lands under this chapter, require land occupiers to contribute money, services, materials, or otherwise to any operations conferring such benefits, and impose any other reasonable conditions therefor;  (10) Form associations to coordinate their policies, objectives, and actions, with power to create staffs, set policies, obtain and administer soil and water conservation district program funds, provide surety bonds, coordinate soil and water conservation district projects, and conduct director training. Other powers shall require the approval of the districts; and  (11) Appoint associate directors to aid districts, but without director voting powers. [L 1947, c 191, §7; RL 1955, §28-16; HRS §180-13; am L 1991, c 94, §4]
HI Rev Stat § 180-14 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-14 State agencies to cooperate.

  §180-14 State agencies to cooperate. Agencies of the state government, or other governmental subdivisions of the State, which have jurisdiction over publicly owned lands lying within any soil and water conservation district, may cooperate with the district in the effectuation of programs and operations of the district. District directors shall be given access to enter and perform work upon the lands. [L 1947, c 191, §8; RL 1955, §28-17; am L 1961, c 53, §1; HRS §180-14] Attorney General Opinions  Cooperative agreement with Hawaii county held authorized. Att. Gen. Op. 63-9.
HI Rev Stat § 180-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-15 Discontinuance of districts.

  §180-15 Discontinuance of districts. At any time after five years after the organization of a district under this chapter, any occupiers of land representing twenty-five or more votes lying within the district may petition the department of land and natural resources to terminate the existence of the district. The department may conduct such meetings and hearings upon the petition as may be necessary and, within sixty days after the filing of such a petition, shall hold a referendum upon the proposal. All occupiers of lands within the district shall be eligible to vote in the referendum.  After such referendum the department shall determine whether the continued operation of the district is necessary or practicable and feasible. The department shall not have authority to determine in favor of the continued operation of the district unless a majority of the votes cast in the referendum were in favor of the continued operation. If the department determines in favor of the discontinuance of the district, it shall certify such determination to the district directors and to the lieutenant governor. The lieutenant governor shall issue to the directors a certificate of dissolution and record a copy of the certificate in the lieutenant governor's office. Upon receipt of the certificate the directors shall terminate the affairs of the district. The directors shall dispose of all property belonging to the district at public auction and pay over the proceeds into the state treasury, and render to the department, a full accounting of the properties and proceeds of the sale. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in the contracts. The department shall be substituted for the district as party to the contracts. The department shall not entertain petitions for the discontinuance of any district more often than once in five years. [L 1947, c 191, §9; RL 1955, §28-18; am L Sp 1959 2d, c 1, § §9, 22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-15; gen ch 1985]
HI Rev Stat § 180-16 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-16 Budget.

  §180-16 Budget. The department of land and natural resources shall submit to the director of finance, annually the budgetary estimates and information required by chapter 37, and shall include therein estimates of the financial requirements of the department. All contributions, moneys, and funds received by any district shall be deposited to the credit of the state general fund. [L 1947, c 191, §10; RL 1955, §28-19; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; am L 1967, c 145, § §1, 2; HRS §180-16; am L 1993, c 280, §51]
HI Rev Stat § 180-17 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-17 REPEALED.

  §180-17 REPEALED. L 1993, c 280, §52.
HI Rev Stat § 180C-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180C. Soil Erosion and Sediment Control|180C-1 Definitions.

  §180C-1 Definitions. "Conservation plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity.  "Conservation standards" or "standards" means standards adopted within ninety days of the passage of this chapter by the department of health.  "County" means all the county governments of Honolulu, Maui, Kauai, or Hawaii.  "Department of health" or "department" shall mean the department of health of the State of Hawaii.  "Land disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sediment into state waters or onto lands in the State including, but not limited to, tilling, clearing, grading, excavating, transporting, and filling of land other than federal lands, except that the term shall not include such minor land disturbing activities as home gardens and individual home landscaping, repairs, and maintenance work.  "Persons" means any individual, partnership, firm, association, joint-venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, and other political subdivisions of the State, any interstate body or any other legal entity.  "Soil and water conservation districts" or "district" means a governmental subdivision of this State, and a public body corporate and politic, organized under chapter 180.  "State waters" means all waters, fresh, brackish or salt, around and within the State, including, but not limited to, coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a pollution control system are excluded. [L 1974, c 249, pt of §2] Revision Note  Numeric designations deleted and definitions rearranged.
HI Rev Stat § 180C-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180C. Soil Erosion and Sediment Control|180C-2 Erosion and sediment control.

  §180C-2 Erosion and sediment control. (a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.  (b) The ordinance for erosion and sediment control shall include but not be limited to the following:  (1) Be based on relevant physical and developmental information concerning the watersheds and drainage basins of the county and/or State including but not limited to data relating to land use, soil, hydrology and geology, size of land area being disturbed, approximate water bodies and their characteristics, transportation, and public facilities and services.  (2) Include such survey of land and waters as may be deemed appropriate by the county or required by any applicable law to identify areas including multi-jurisdictional and watershed areas with critical erosion and sediment problems.  (3) Contain standards for various types of soil and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land disturbing activities.  (4) Include a provision whereby standards shall be deemed met if it can be shown that the land is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district directors, and that a comprehensive conservation program is being actively pursued. [L 1974, c 249, pt of §2] Case Notes  The public trust duties imposed on the State under article XI, §1 of the Hawaii constitution also applied to the county, as a political subdivision of the State; article XI, §1 mandates that the county has an obligation to conserve and protect the State's natural resources; the county's power under the general laws with respect to its public trust duty to protect the natural resources of the State can be found in this chapter; thus, the county had a duty to protect the waters located adjacent to defendant's property. 111 H. 205, 140 P.3d 985.
HI Rev Stat § 180C-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180C. Soil Erosion and Sediment Control|180C-3 Limitation of enactment of ordinances.

  §180C-3 Limitation of enactment of ordinances. The counties shall enact ordinances within one year from June 15, 1974. [L 1974, c 249, pt of §2] Revision Note  "June 15, 1974" substituted for "the date of this law".
HI Rev Stat § 180C-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180C. Soil Erosion and Sediment Control|180C-4 Department of health.

  §180C-4 Department of health. The department of health shall adopt conservation standards within ninety days after passage of this chapter. Upon the failure of any county or counties to enact soil erosion and sediment control ordinances within one year from the date of this bill, the department of health shall then, promulgate rules and regulations within one hundred eighty days, to be effective within those counties failing to enact such ordinances. [L 1974, c 249, pt of §2]
HI Rev Stat § 181-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-1 Definitions.

  §181-1 Definitions. Whenever used in this chapter, unless a different meaning is plainly required by the context:  "Board" means the board of land and natural resources.  "Mineral" or "minerals" means any or all of the oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits whether solid, gaseous, or liquid, in, on, or under any land; but does not include sand, rock, gravel, and other materials suitable for use and used in road construction.  "Operator" means an individual, firm, or corporation engaged in strip mining operations.  "Pit" means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining.  "Strip mining" means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process.  Definitions and rules of construction stated in chapter 1 apply. [L 1957, c 161, §2; am L 1959, c 20, §1; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-2; HRS §181-1] Cross References  General authority, see §26-15.
HI Rev Stat § 181-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-2 Powers of board.

  §181-2 Powers of board. (a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The board shall also have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead.  (b) The board on its own motion whenever it has reason to believe cause therefor exists may, and upon the sworn complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension, revocation, or cancellation of a permit, shall investigate the acts or omissions of any person holding or claiming to hold a permit under this chapter or any acts or omissions of any person constituting a violation of this chapter.  (c) The board may enter upon the lands of any operator at any time for the purpose of inspection to determine whether this chapter has been complied with. For such purpose the board shall have access to all parts of the land upon which the pit is located and may use any right-of-way or easement available to the operator over any adjoining land.  (d) This chapter shall apply to the public lands of the State to the extent that they are not inconsistent with the laws of Hawaii relating to public lands. Nothing contained in this chapter shall be construed to limit, restrict, or otherwise affect the powers of the board over the public lands of the State as provided by the laws of Hawaii relating to public lands.  (e) Notwithstanding any act relating to forest reserves and water reserves, this chapter shall apply to mineral lands in such reserves. No act hereafter approved shall be deemed to repeal any provision of this chapter unless so specifically provided. [L 1957, c 161, §3; am L 1959, c 20, §2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-3; HRS §181-2] Cross References  Public lands, see chapter 171.
HI Rev Stat § 181-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-3 Prohibitions.

  §181-3 Prohibitions. (a) It shall be unlawful for any person to engage in strip mining without first obtaining from the board of land and natural resources a permit so to do, in the form hereinafter provided.  (b) It shall be unlawful for any operator to cause or permit any poisonous or noxious matter to be discharged into any stream or shore water in such manner as to constitute a public nuisance. [L 1957, c 161, §4; am L 1959, c 20, §3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-4; HRS §181-3]
HI Rev Stat § 181-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-4 Application for permit; fee.

  §181-4 Application for permit; fee. (a) Any operator desiring to engage in strip mining shall make written application to the board of land and natural resources for a permit. Application for the permit shall be made upon the form furnished by the board, which form shall require a description of the pit with such particularity as the board may require, the approximate number of acres of mineral land that will be mined annually, the approximate date upon which mining operations shall commence and such other information as the board may require. The application shall be accompanied by an annual fee determined by the number of acres to be stripped in one year, as follows:  Less than ten acres................................... $100  Ten to twenty-four acres............................... 200  Twenty-five to forty-nine acres........................ 300  Fifty to ninety-nine acres............................. 400  One hundred acres..................................... 500 The application together with the proper fee shall also be accompanied by a bond meeting the requirements of section 181-5.  Upon receipt of the application, fee, and bond, the board shall issue a permit to the applicant which, upon the applicant's filing the plan required by subsection (a) of section 181-6 shall entitle the applicant for a period of one year next following to engage in strip mining of the land identified in the application in the manner and subject to the provisions set forth in the plan. The board shall refuse to issue a permit if the application is not in proper form or is not accompanied by the correct amount of the fee or if the bond does not meet the requirements of section 181-5.  (b) Each permit shall be renewed each year by the board upon receipt by it of the required annual fee and the filing of the bond required by section 181-5. The permit, whether originally issued or renewed, shall remain in effect until terminated through lapse of time, or suspended, revoked, or canceled by the board following a hearing as provided in subsection (b) of section 181-7, for failure of the operator to comply with the terms thereof or the requirements of this chapter. [L 1957, c 161, §5; am L 1959, c 20, §4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-5; HRS §181-4; gen ch 1985]
HI Rev Stat § 181-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-5 Bond.

  §181-5 Bond. Contemporaneously with and as a condition precedent to the issuance of the permit, the operator shall file with the board of land and natural resources and thereafter shall keep in full force and effect until the operator shall be released therefrom as hereinafter provided, a bond payable to the State, conditioned that the operator shall faithfully and fully perform all duties and requirements to be performed and observed by the operator as provided in the permit and by this chapter. The bond shall be signed by the operator as principal and by a surety company authorized to do business in the State. The penalty of the bond shall be in an amount fixed by the board based on the reasonable cost of restoring and rehabilitating the land covered by the permit but not to exceed $300 an acre of land proposed thereafter by the operator to be subjected to strip mining for the ensuing year. The penalty of the bond shall from time to time be increased or reduced by the board pro tanto in accordance with the number of acres added to the land for strip mining operations or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of the operator's performance of the operator's obligations subsequent to the issuance of the permit.  Any operator may execute the bond without surety if the operator deposits with the board cash in the amount of the bond fixed by the board as provided in this section covering the land proposed by the operator to be stripped in the ensuing year and the permit issued shall therefor be limited to the number of acres for which the deposit is made or may be increased later by the board on receipt by it of additional deposits. The deposits shall be retained by the board as a guaranty by the operator for the faithful performance of the operator's bond. Should the operator fail to carry out the requirements set forth in section 181-6 or to carry out the plan of reclamation, the board may cause them to be carried out and may use the funds deposited or may proceed against the bond to pay therefor. The board shall release any bond and shall repay any deposits no longer necessary to be maintained for the purposes of this chapter, upon showing by the operator that this chapter has been complied with. [L 1957, c 161, §6; am L 1959, c 20, §5; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-6; HRS §181-5; gen ch 1985]
HI Rev Stat § 181-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-7 Termination, revocation of permit; release.

  §181-7 Termination, revocation of permit; release. (a) Any unexpired permit shall be effective only so long as the operator possesses the legal right and power by legal estate owned to strip mine from the land described in the permit. All authority of the board of land and natural resources to enforce the requirements prescribed in section 181-6 shall terminate within ten years after the end of the permit year in which strip mining was completed or abandoned upon the land unless before the end of the period he has served upon the operator written directions to comply therewith. The board shall release from the effect of this chapter, either by reason of compliance or limitation of time, all or any part of the land affected by this chapter by filing in the bureau of conveyances of the State, or in the office of the assistant registrar of the land court, or both, as appropriate, a written release in form prepared by the board.  (b) No permit shall be refused, modified, suspended, canceled, or revoked by the board until after a hearing on written charges has been had before the board after not less than ten days' written notice, fixing date and place of the hearing, has been given to the operator. [L 1957, c 161, §8; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-8; HRS §181-7; am L 1998, c 219, §4] Note  The amendment made by L 2014, c 218, §8 is not included in this section. Cross References  Administrative hearings generally, see chapter 91.