reglab/housing_qa huggingface dataset:
HI Rev Stat § 342J-56 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342J. Hazardous Waste|342J-56 Emergency powers; procedures.

  §342J-56 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling of any used oil or used oil fuel may present an imminent and substantial endangerment to health or the environment, the governor or the director, without a public hearing, may secure or order relief that may be necessary to abate the danger or threat. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. The governor or the director may also institute a civil action in any environmental court of competent jurisdiction to secure any relief that may be necessary to abate the danger or threat.  (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 the declaration, if the power is conferred by statute or constitutional provision, or inheres in the office. [L 1996, c 82, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 342L-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-2 Administration.

  §342L-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 §6]
HI Rev Stat § 342L-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-3 Powers; rulemaking; appointment of hearings officers.

 §342L-3 Powers; rulemaking; appointment of hearings officers. (a) The director may adopt, amend, and repeal state rules controlling and regulating underground storage tanks and tank systems. All rules shall be adopted pursuant to chapter 91.  (b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §6; am L 1992, c 259, §4; am L 2000, c 253, §150]
HI Rev Stat § 342L-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-4 Permits; procedures for.

 §342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department.  (b) The department may require that applications for such permits shall be accompanied by plans, specifications, and such other information as it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards.  (c) The director shall issue a permit for any term, not exceeding five years, if the director determines this to be protective of human health and the environment; provided that the permit may be subject to conditions as the director may prescribe. The director, on application, shall renew a permit from time to time for a term not to exceed five years if the director determines this to be protective of human health and the environment. The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.  The director, on the director €™s own motion or the application of any person, may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:  (1) There is a violation of any condition of the permit;  (2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or  (3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment.  (d) No applicant for a modification or renewal of a permit shall be held in violation of the requirement to obtain a permit during the pendency of the applicant €™s application so long as the applicant acts in compliance with the permit previously granted. [L 1989, c 212, pt of §6; am L 1992, c 259, §5]
HI Rev Stat § 342L-4.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-4.5 Permits near shoreline prohibited; exception.

  §342L-4.5 Permits near shoreline prohibited; exception. (a) The department shall not issue a permit for a new underground fuel storage tank within one hundred yards of the shoreline; provided that a permit may be issued by the department for purposes of repairing or replacing an existing underground fuel storage tank.  (b) Except as otherwise provided in subsection (c), the holder of a permit for an existing underground fuel storage tank within one hundred yards of the shoreline may renew the permit.  (c) Beginning January 1, 2045, no person shall operate an underground fuel storage tank within one hundred yards of the shoreline, and no permit for an underground fuel storage tank within one hundred yards of the shoreline shall be renewed. [L 2016, c 179, §2]
HI Rev Stat § 342L-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-5 Variances allowed.

 §342L-5 Variances allowed. Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the department, when the variance results in an equivalent degree of human health and environmental protection and does not present a greater danger to human health or the environment. [L 1989, c 212, pt of §6; am L 1992, c 259, §6]
HI Rev Stat § 342L-7.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-7.5 Record maintenance.

  §342L-7.5 Record maintenance. The department, pursuant to chapter 91, shall adopt requirements for the establishment and maintenance of records relating to underground storage tanks and tank systems. [L 1992, c 259, pt of §1]
HI Rev Stat § 342L-9 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-9 Emergency powers; procedures.

 §342L-9 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to human health and safety or the environment is or will be caused by:  (1) A release;  (2) Any action taken in response to a release from an underground storage tank or tank system; or  (3) The installation or operation of an underground storage tank or tank system; that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the peril to immediately reduce or stop the release or activity, 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.  (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 §6; am L 1992, c 259, §11; am L 1995, c 201, §5] Cross References  Environmental response law, see chapter 128D.
HI Rev Stat § 342L-10 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-10 Penalties.

 §342L-10 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each individual tank for each day of each violation. Each day of each violation shall constitute a separate offense. In addition, any person who fails to comply with an order issued under this chapter within the time specified in the order shall be fined not more than $25,000 for each day of noncompliance with the order. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.  (b) Any person who:  (1) Denies, obstructs, or hampers the entrance, inspection, or conduct of release response activities by any duly authorized representative of the department at any building, place, site, facility, vehicle, or structure that the representative is authorized to enter, inspect, or at which the representative is authorized to conduct release response activities; or  (2) Fails to provide information requested by the representative as required under section 342L-7; shall be fined not more than $500 per day of denial, obstruction, hindrance, or failure. 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 §6; am L 1991, c 157, §17; am L 1992, c 259, §12; am L 1995, c 180, §31; am L 2014, c 218, §8]
HI Rev Stat § 342L-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-11 Administrative penalties.

 §342L-11 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 may impose by order the penalties specified in section 342L-10.  (b) Factors to be considered in imposing an administrative penalty include:  (1) The nature and history of the violation and of any prior violations;  (2) The economic benefit, if any, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply; and  (5) Any other matters that justice may require.  (c) It shall be presumed that the violator €™s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §6; am L 1992, c 259, §13; am L 1995, c 180, §32]
HI Rev Stat § 342L-11.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-11.5 REPEALED.

  §342L-11.5 REPEALED. L 1992, c 259, §34.
HI Rev Stat § 342L-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-12 Injunctive and other relief.

 §342L-12 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 or stop any violation of this chapter, any rule adopted pursuant to this chapter, or any 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 may grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §6; am L 1992, c 259, §14; am L 1995, c 180, §33; am L 2014, c 218, §8] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 342L-12.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-12.5 Intervention.

  §342L-12.5 Intervention. Any person may intervene in any civil action to enforce this chapter if the person has an interest that is, or may be, adversely affected. [L 1992, c 259, pt of §1]
HI Rev Stat § 342L-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-13 Appeal.

 §342L-13 Appeal. If any party is aggrieved by an order 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 an order shall not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §6; am L 1992, c 259, §15; am L 2014, c 218, §8]
HI Rev Stat § 342L-14 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-14 Fees.

 §342L-14 Fees. Notwithstanding section 342L-36.5 to the contrary, the director may establish reasonable fees for the registration of underground storage tanks or tank systems, for the issuance, renewal, and modification 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 including inspections and necessary site visits (not including court costs or other costs associated with any formal enforcement action), and for the review, evaluation, and approval of plans regarding release response activities. The fees shall be deposited to the credit of the general fund. [L 1989, c 212, pt of §6; am L 1992, c 259, §16] Note  The amendment made by L 2014, c 218, §8 is not included in this section.  Section 342L-36.5 referred to in text is repealed.
HI Rev Stat § 342L-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-15 Public records; confidential information.

 §342L-15 Public records; confidential information. Reports and records submitted to the department by any person on the ownership, installation, or operation of underground storage tanks or tank systems shall be made available for inspection by the public during established office hours except as provided in this section. Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, to which the department's representative has access to under this section would divulge information entitled to protection under chapter 92F, the department shall consider the information or a particular portion thereof to be confidential. No confidential information secured pursuant to this section by any official or employee of the department within the scope of and [course] of the official's or employee's employment in the prevention, control, or abatement of releases from underground storage tanks or tank systems, 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 county government entities, who have been charged with carrying out this chapter or Subtitle I of the federal Resource Conservation and Recovery Act, or when relevant in any proceeding under this chapter. [L 1989, c 212, pt of §6; am L 1992, c 259, §17]
HI Rev Stat § 342L-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-16 Nonliability of department personnel.

 §342L-16 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 342L-7(d). [L 1989, c 212, pt of §6; am L 1992, c 259, §18]
HI Rev Stat § 342L-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-17 Other action not barred.

  §342L-17 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 1989, c 212, pt of §6]
HI Rev Stat § 342L-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-18 Enforcement by state and county authorities.

  §342L-18 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 §6]
HI Rev Stat § 342L-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-19 Other powers of department not affected.

  §342L-19 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 §6]
HI Rev Stat § 342L-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-20 Effect of laws, ordinances, and rules.

 §342L-20 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 underground storage tanks or tank systems that are governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to underground storage tanks or tank systems shall be void and of no effect if inconsistent with a rule of the department upon the adoption thereof. [L 1989, c 212, pt of §6; am L 1992, c 259, §19]
HI Rev Stat § 342L-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-21 Priority in courts.

  §342L-21 Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §6] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 342L-22 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-22 REPEALED.

 §342L-22 REPEALED. L 1992, c 259, §35.
HI Rev Stat § 342L-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-31 Permit requirements and transfer of permit.

 §342L-31 Permit requirements and transfer of permit. (a) No person shall install or operate an underground storage tank or tank system brought into use after the effective date of the tank or tank system standards established in section 342L-32 unless a permit is obtained from the department and upon payment of a fee.  (b) No permit to own or operate an underground storage tank or tank system shall be transferred to any person without prior written approval of the director.  (c) The department shall prepare a form for an application to request the director €™s approval to transfer a permit of ownership or operation of an underground storage tank or tank system. A person wishing to accept the obligations of a transferred permit to own or operate an underground storage tank or tank system from the previous owner or operator shall complete an application form and submit the form to the director. The director shall review the application and issue an approval of the transfer if the applicant proves to the satisfaction of the director that the applicant is able to comply with the conditions of the permit. [L 1989, c 212, pt of §6; am L 1992, c 259, §21]
HI Rev Stat § 342L-32 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-32 Standards for tanks and tank systems.

 §342L-32 Standards for tanks and tank systems. (a) The department shall adopt standards under chapter 91 which shall apply to underground storage tanks and tank systems.  (b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications:  (1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system;  (2) The material used in the construction or lining of the tank or tank system is compatible with the substance to be stored; and  (3) Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998, to prevent releases for their operating life. [L 1989, c 212, pt of §6; am L 1992, c 259, §22]
HI Rev Stat § 342L-32.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-32.5 Delivery, deposit, and acceptance prohibition.

  §342L-32.5 Delivery, deposit, and acceptance prohibition. No person shall deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility that has been identified by the department to be ineligible for such delivery, deposit, or acceptance. The delivery prohibition may go into effect at a facility before a hearing is conducted by the director. [L 2009, c 7, §2]
HI Rev Stat § 342L-33 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-33 Release detection.

 §342L-33 Release detection. The department, pursuant to chapter 91, shall adopt standards of performance for maintaining a release detection system, including, but not limited to, inventory control, tightness testing, and any other methods designed to identify releases from the underground storage tank or tank system in a manner consistent with the protection of human health and the environment. [L 1989, c 212, pt of §6; am L 1992, c 259, §23]
HI Rev Stat § 342L-34 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-34 Reporting of releases.

 §342L-34 Reporting of releases. The department, pursuant to chapter 91, shall adopt requirements for reporting suspected or confirmed releases and action taken in response to a suspected or confirmed release from an underground storage tank or tank system. [L 1989, c 212, pt of §6; am L 1992, c 259, §24]
HI Rev Stat § 342L-35 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-35 Response to suspected or confirmed releases.

 §342L-35 Response to suspected or confirmed releases. The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:  (1) Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;  (2) Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;  (3) Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department; and  (4) Requirement to notify those members of the public directly affected by the release and the proposed response to the release. [L 1989, c 212, pt of §6; am L 1992, c 259, §25]
HI Rev Stat § 342L-36.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342L. Underground Storage Tanks|342L-36.5 REPEALED.

  §342L-36.5 REPEALED. L 1992, c 259, §33.