reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-9 Penalties.

§342J-9 Penalties.
(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, 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 subsection shall be considered a civil action.
(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized representative of the director, or fails to provide information requested by the representative under section 342J-6 or 342J-55 shall be fined not more than $10,000 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 subsection shall be considered a civil action.
(c) Any person who knowingly:
(1) Transports any hazardous waste to a storage, treatment, or disposal facility that does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;
(2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5, or who violates any term or condition of a permit or variance issued pursuant to this chapter;
(3) Transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil or used oil fuel in violation of any rules adopted pursuant to this chapter relating to used oil or used oil fuel;
(4) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, including compliance with any rules adopted pursuant to this chapter relating to used oil or used oil fuel; or
(5) Abandons or causes to be abandoned any hazardous waste, used oil, or used oil fuel;
shall be subject to criminal penalties. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.
Violations of paragraphs (1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates paragraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.
For purposes of this subsection, "abandon" means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c 157, §16 and c 259, §10; am L 1995, c 180, §26; am L 1996, c 82, §3; am L 1997, c 147, §3; am L 2001, c 21, §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-10 Administrative penalties.

§342J-10
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 342J-9(a) and (b).
(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 is 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 §5; am L 1995, c 180, §27]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-10.5 Disposition of collected fines and penalties. Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §5]

§342J-10.5
Disposition of collected fines and penalties.
Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2.
[L 1991, c 157, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-11 Injunctive and other relief.

§342J-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:
(1) Address any release of hazardous waste or any hazardous waste constituent pursuant to section 342J-36;
(2) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit adopted pursuant to this chapter, without the necessity of a prior revocation of the permit; and
(3) Impose and collect civil penalties, to collect administrative penalties, and 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 §5; am L 1991, c 259, §11; am L 1995, c 180, §28; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-12 Appeal.

§342J-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 §5; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-13 Fees.

§342J-13 Fees.
The director may establish reasonable fees for the issuance of permits to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (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 §5; am L 1990, c 298, §12]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-14 Public records; confidential information; penalties.

§342J-14 Public records; confidential information; penalties.
(a) For purposes of this chapter, chapter 92F applies to the determination of the types of information that should be made available to members of the public provided that any information that would be required to be disclosed under RCRA and the federal Freedom of Information Act, 5 United States Code §552, if these Acts were applicable, shall be open to the public notwithstanding any provisions to the contrary in chapter 92F. The legislature declares that disclosure of such information which RCRA and the federal Freedom of Information Act require to be disclosed for purposes of this chapter does not constitute an unwarranted invasion of privacy.
(b) Information concerning secret processes or methods of manufacture maintained by an agency pursuant to this chapter shall not be disclosed to the public unless disclosure of such information would be required under applicable provisions of RCRA, 42 United States Code, § §6901 to 6991i and the federal Freedom of Information Act, 5 United States Code §552.
(c) For purposes of this chapter, the department may adopt rules pertaining to both substantive and procedural aspects of information practices which are consistent with RCRA and the federal Freedom of Information Act. These rules shall govern information practices concerning all records maintained by any agency pursuant to this chapter or RCRA and shall supersede any inconsistent rules promulgated pursuant to chapter 92F. [L 1989, c 212, pt of §5; am L 1991, c 259, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-14.5 Copy fee waiver. The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public. [L 1991, c 259, pt of §1]

§342J-14.5
Copy fee waiver.
The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public.
[L 1991, c 259, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-15 Nonliability of department personnel.

§342J-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 342J-14. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-16 Intervention.

§342J-16 Intervention.
Any individual shall have the right to intervene in any civil action to enforce the provisions of this chapter provided the individual has an interest which is, or may be, adversely affected. [L 1989, c 212, pt of §5; am L 1991, c 259, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-17 Other action not barred.

§342J-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 §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-19 Other powers of department not affected.

§342J-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 §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-20 Effect of laws, ordinances, and rules.

§342J-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 hazardous waste management which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to hazardous waste management shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-21 Priority in courts.

§342J-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 §5]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-30 Prohibition.

§342J-30 Prohibition.
(a) No person, including any federal agency, the State, or any of its political subdivisions, shall own, operate, or construct a hazardous waste management facility without first securing a permit issued by the director. In addition, no person shall treat, store or dispose of hazardous waste at an unpermitted hazardous waste management facility, unless otherwise permitted by law.
(b) Any person who:
(1) Owns or operates a facility required to have a permit under this section which was in existence on November 19, 1980, or was in existence on the effective date of statutory or regulatory changes under RCRA that were made prior to the effective date of the first rules adopted under this chapter, and that rendered the facility subject to the requirement to have an RCRA permit, or is in existence on the effective date of statutory or regulatory changes under this chapter that are made after the effective date of the first rules adopted under this chapter and that render the facility subject to the requirement to have a permit under this section;
(2) Has complied with the requirements of section 3010(a) of RCRA, 42 United States Code §6930(a), or section 342J-6.5; and
(3) Has made an application for a permit under section 3005 of RCRA, 42 United States Code §6925, or section 342J-5;
shall be treated as having been issued a permit until final administrative disposition of an application has been made unless the director proves that final administrative disposition of the application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process that application. The facilities shall be deemed to have interim status. This subsection shall not apply to any facility which has been previously denied a permit under section 3005 of RCRA, 42 United States Code §6925 or section 342J-5 or if authority to operate the facility under section 3005 of RCRA, 42 United States Code §6925 or this section has been previously terminated.
(c) The director shall have the authority to publish schedules for the submission of permit applications and other information reasonably required and or requested in order to process that application. Failure to comply with such schedules shall be a basis for automatic termination of interim status. [L 1989, c 212, pt of §5; am L 1991, c 259, §14; am L 1992, c 154, §1; am L 1993, c 267, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-31 Duties; rules.

§342J-31 Duties; rules.
In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate hazardous waste pollution in this State. In the discharge of this duty the director may:
(1) Adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules;
(2) Administer and enforce this chapter, rules implementing this chapter, and orders and permits issued pursuant to this chapter;
(3) Establish by rule a list of hazardous wastes and a set of characteristics for identifying hazardous wastes;
(4) Prohibit land disposal of specified hazardous wastes;
(5) Inventory sites and locations in the State where hazardous wastes have been stored or disposed of at any time; and
(6) Promote industrial practices that minimize, recycle, reduce, avoid, or eliminate generation of hazardous waste. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-32 Standards for generators.

§342J-32 Standards for generators.
The director may establish by rule standards applicable to generators of hazardous waste identified under this chapter including, but not limited to, requirements regarding:
(1) Obtaining an identification number;
(2) Requiring a solid waste generator to determine whether the waste that that person has generated is hazardous waste;
(3) Using appropriate containers for hazardous waste;
(4) Packaging, labeling, marking, and placarding practices;
(5) Transporting and international shipping of hazardous waste;
(6) Developing a manifest system to track movements of hazardous wastes to designated facilities; and
(7) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-33 Standards for transporters.

§342J-33 Standards for transporters.
The director may establish by rule standards applicable to transporters of hazardous waste identified or listed under this chapter including, but not limited to, requirements regarding:
(1) Obtaining an identification number;
(2) Labeling practices;
(3) Transporting hazardous waste;
(4) Requiring action, including cleanup, if hazardous waste is discharged in transit;
(5) Using the manifest properly; and
(6) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5]
Cross References
Transportation of hazardous materials, see § §286-221 to 286-227.
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-34 Standards for treatment, storage, or disposal facilities.

§342J-34 Standards for treatment, storage, or disposal facilities.
The director may establish by rules standards applicable to owners and operators of facilities for treatment, storage, or disposal of hazardous waste, identified or listed under this chapter, including but not limited to, requirements regarding:
(1) Obtaining an identification number;
(2) Inspection, monitoring, submitting reports, and recordkeeping practices;
(3) Using the manifest properly;
(4) Designing, constructing, and locating of hazardous waste management facilities;
(5) Developing contingency plans to minimize unanticipated damage from treatment, storage, or disposal of hazardous waste;
(6) Maintaining and operating hazardous waste management facilities;
(7) Determining qualifications as to ownership, continuity of operation, training for personnel, closure and post-closure requirements, and financial responsibility (including financial responsibility for corrective action); and
(8) Issuing permits for hazardous waste management facilities. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-34.5 Standards for persons who deal with fuel.

§342J-34.5 Standards for persons who deal with fuel.
The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose of, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle any:
(1) Fuel from any hazardous waste; or
(2) Fuel from any hazardous waste and any other material; or
(3) Fuel which otherwise contains any hazardous waste.
[L 1991, c 259, pt of §1; am L 1996, c 82, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-34.6 Brokers; notification; and identification numbers.

§342J-34.6 Brokers; notification; and identification numbers.
(a) Not later than forty-five days after July 1, 1994, any person who acts as a hazardous waste broker, with respect to any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker.
(b) Not later than forty-five days after the adoption of any rule pursuant to this chapter that lists or identifies by characteristics any substance as hazardous waste, any person who acts as a hazardous waste broker with respect to such substance shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker. This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).
(c) Each hazardous waste broker shall be issued only one identification number.
(d) Any person required by this section to provide notification to the department shall advise the department of the following information, including any which may have changed during the prior year:
(1) Location of each business;
(2) Name of business;
(3) Mailing address of each business;
(4) Name of person who operates the facility at which hazardous waste is handled;
(5) Name of owner of the facility at which hazardous waste is handled;
(6) Name of owner of land at which hazardous waste is handled; and
(7) A copy of a notice sent by the broker to the facility owner, or owner's agent, of the facility or land used by the broker as the broker's principal place of business. The notice shall be mailed by certified mail to the owner, or owner's agent, and shall describe the broker's hazardous waste handling activities.
(e) This section shall not apply to owners or operators of hazardous waste treatment, storage, or disposal facilities. [L 1994, c 267, §2; am L 2001, c 8, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-36 Hazardous waste releases.

§342J-36 Hazardous waste releases.
(a) Whenever the director determines that there has been a release of hazardous waste or of a hazardous waste constituent into the environment from a facility handling hazardous wastes, the director may:
(1) Require the facility or site to undertake corrective action or such other response action as the director deems necessary to protect human health or the environment; and
(2) Require that corrective action be taken beyond the facility boundary where necessary to protect human health or the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the director that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action.
(b) Whenever the director determines that there is or has been a release of hazardous waste or of a hazardous waste constituent into the environment from a hazardous waste management facility or site, the director may issue an order requiring corrective action to protect human health or the environment, or the director may commence a civil action for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief. For purposes of enforcement, failure to comply with an order issued pursuant to this chapter shall constitute a violation of a requirement of this chapter.
(c) Any person to whom the order is issued may be required to submit to the director within thirty days a proposal for carrying out the required monitoring, testing, analysis, and reporting.
(d) If the director determines that the owner or operator is not able to conduct corrective action in a satisfactory manner, the director may dictate the conduct of such activity, the cost of which shall remain the responsibility of the owner or operator.
(e) Each permit issued by the director under this chapter shall require corrective action for all releases of hazardous waste or any hazardous waste constituent into the environment from the facility seeking the permit. Permits may contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit), and shall contain assurances of financial responsibility for completing such corrective action.
(f) If the action that results in a release otherwise constitutes a violation of this chapter, nothing in this section shall be construed to preclude the director from taking appropriate action under other provisions of this chapter.
(g) Public notice shall be given for proposed decisions on a final remedy. [L 1989, c 212, pt of §5; am L 1990, c 298, §13; am L 1991, c 259, §15; am L 1995, c 180, §29]
Cross References
Environmental response law, see chapter 128D.
Hawaii emergency planning and community right-to-know act, see chapter 128E.
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-37 Complaints; hearings; appointment of masters.

§342J-37 Complaints; hearings; appointment of masters.
The director may:
(1) Receive or initiate complaints, hold hearings, and institute legal proceedings in the name of the State for prevention, control, or abatement of hazardous waste pollution; and
(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-38 Public participation activities; appointment of hearings officers.

§342J-38 Public participation activities; appointment of hearings officers.
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 §5; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-39 Research programs.

§342J-39 Research programs.
The director may initiate, conduct, and support research, demonstration projects, and investigation, as the department's resources may allow, and coordinate state agency research programs pertaining to hazardous waste management. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-40 Receipt of funds for study and control of hazardous waste.

§342J-40 Receipt of funds for study and control of hazardous waste.
The director may cooperate with and receive money, with the approval of the governor, from the federal government, any political subdivision of the State, or from private sources for the study and control of hazardous waste. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-41 Technical assistance to generators.

§342J-41 Technical assistance to generators.
(a) The department shall establish a technical assistance program for generators of hazardous waste in the State. The program shall be designed to assist generators in obtaining information concerning hazardous waste management:
(1) To identify and apply methods of reducing the generation of hazardous wastes;
(2) To facilitate improved management of hazardous waste and compliance with the department's requirements; and
(3) For other similar purposes.
The program shall emphasize assistance to the smaller businesses and small quantity generators that have limited technical and financial resources for obtaining information, assessing hazardous waste management methods, and developing and applying hazardous waste reduction techniques. Information and techniques developed under this program shall be made available to all generators in the State.
(b) The assistance program shall include at least the following elements:
(1) Outreach programs, including on-site consultation at locations where hazardous waste is generated, seminars, workshops, training programs, and other similar activities designed to assist generators in evaluating their hazardous waste generation and management practices, identifying opportunities for waste reduction and improved management, and identifying subjects that require additional information and research;
(2) A program to assemble, catalog, and disseminate information about hazardous waste reduction and management methods, available commercial waste management facilities and consultant services, and regulatory programs;
(3) Evaluation and interpretation of information needed by generators to improve their management of hazardous waste; and
(4) Informational and technical research to identify alternative technical solutions that can be applied by specific generators to reduce the generation of hazardous waste.
(c) The program shall be coordinated with other public and private programs that provide management and technical assistance to smaller businesses and small quantity generators, including any program operated by a public or private educational institution. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-42 Public education program.

§342J-42 Public education program.
The department shall develop and implement a public education program, the objectives of which shall be to:
(1) Develop increased public awareness of and interest in environmentally sound hazardous waste management methods;
(2) Encourage better informed decisions on hazardous waste management issues by businesses, industries, local governments, and the public; and
(3) Disseminate practical information concerning methods in which households, other institutions, and organizations can improve the management of hazardous waste. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-51 Definitions.

§342J-51 Definitions.
Except as expressly defined in this part, terms that are defined in section 342J-2 have the same meanings when used in this part.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any used oil or used oil fuel into or on any land or water so that the used oil, used oil fuel, or any constituent thereof may enter the environment, be emitted into the air, or discharged into any waters, including ground waters.
"Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the handling of used oil or used oil fuel.
"Generator" means any person, by site, whose act or process produces used oil or used oil fuel or whose act first causes used oil or used oil fuel to become subject to regulation.
"Operator" means the person responsible for the overall operation of a facility as defined in this section.
"Owner" means the person who owns a facility or part of a facility as defined in this section.
"Permit" means written authorization from the director for a person to engage in the handling of used oil or used oil fuel.
"Pollution" means pollution by mismanagement or mishandling of used oil or used oil fuel.
"Specification fuel" means recycled oil which meets specific standards that are set by the director. These standards, at a minimum, shall comply with those set by the federal Environmental Protection Agency for specification fuel.
"Storage" means the containment of used oil or used oil fuel, temporarily or for a period of time, in a manner which does not constitute disposal.
"Transporter" means any person who transports used oil or used oil fuel, any person who collects used oil or used oil fuel from more than one generator and transports the collected used oil or used oil fuel, and owners and operators of used oil or used oil fuel transfer facilities.
"Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any used oil or used oil fuel.
"Used oil" means any oil (regardless of whether it is a hazardous waste) that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. [L 1996, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-52 Standards for persons who deal with used oil or used oil fuel.

§342J-52 Standards for persons who deal with used oil or used oil fuel.
(a) The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle used oil or used oil fuel, regardless of whether the used oil or used oil fuel is a hazardous waste.
(b) No new oil, used oil, or recycled oil shall be discharged or caused or allowed to enter into the sewers, drainage systems, surface or ground waters, watercourse, marine waters, or onto the ground. The prohibition shall not apply to inadvertent, normal discharges from vehicles and equipment, or maintenance and repair activities associated with vehicles; provided that appropriate measures are taken to minimize releases. Appropriate measures include, but are not limited to, use of drip pans, institution of structural catchment systems, use of absorbent materials, and other similar measures. [L 1996, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-53 Permit required.

§342J-53 Permit required.
No person shall transport, market, or recycle used oil or used oil fuel without first obtaining a permit from the department. The director may require any person who generates and burns the person's own used oil as specification fuel to notify the department of the person's activity. [L 1996, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-55 Furnishing of information and entry and inspection of premises.

§342J-55
Furnishing of information and entry and inspection of premises.
(a) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, any person who generates, transports, treats, stores, disposes of, processes, re-refines, burns (including burning for purposes of energy recovery), recycles, distributes, markets, or otherwise handles or has handled used oil or used oil fuel, upon the request of any duly authorized representative of the director, shall furnish information relating to the used oil or used oil fuel and permit the representative at all reasonable times to have access to, and to copy all records relating to the used oil or used oil fuel.
(b) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, the authorized representative may:
(1) Enter, at reasonable times, any establishment or other place where used oil or used oil fuel is or has been generated, transported from, treated, stored, disposed of, processed, re-refined, burned (including burning for purposes of energy recovery), recycled, distributed, marketed, or otherwise handled;
(2) Inspect and obtain samples of any used oil or used oil fuel and samples of any containers or labeling for used oil or used oil fuel; and
(3) Obtain any other information, including financial information, for purposes of determining compliance with this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter.
Each inspection shall be commenced and completed with reasonable promptness. [L 1996, c 82, pt of §1]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-4.2 Large capacity underground storage tank systems; prohibited.

§342L-4.2 Large capacity underground storage tank systems; prohibited.
(a) Beginning July 1, 2022, the department shall not issue a permit for a new large capacity underground storage tank system mauka of the underground injection control line.
(b) Beginning July 1, 2022, no person shall operate a large capacity underground storage tank system mauka of the underground injection control line, and no permit for a large capacity underground storage tank system mauka of the underground injection control line shall be renewed; provided that this subsection shall not apply to operations necessary to address maintenance required to safely support defueling, environmental requirements, any operations directly related to defueling, or requirements under section 342L-9.
(c) As used in this section:
"Large capacity underground storage tank system" means an underground storage tank system with any single tank with a capacity greater than fifty thousand gallons or with a total tank capacity greater than one hundred thousand gallons.
"Mauka" means toward the mountains or the encircled protected aquifer.
"Underground injection control line" means the underground injection control line represented by a dashed line on the department of health underground injection control program maps, made effective July 6, 1984, pursuant to section 340E-2 and identified as follows:
(1) For the island of Hawaii, quadrangles H-1 to H-74;
(2) For the island of Kauai, quadrangles K-1 to K-11;
(3) For the island of Lanai, quadrangles L-North and L-South;
(4) For the island of Maui, quadrangles M-1 to M-17;
(5) For the island of Molokai, quadrangles M-East and M-West; and
(6) For the island of Oahu, quadrangles O-1 to O-15. [L 2022, c 157, §1]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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.
2023 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]
2023 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
Section 342L-36.5 referred to in text is repealed.
The amendment made by L 2014, c 218, §8 is not included in this section.