reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-37 Underground storage tank and tank system change in service and closure requirements.

§342L-37 Underground storage tank and tank system change in service and closure requirements.
Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed from the ground of any responsibility to comply with the release response provisions in this chapter and any other requirements applicable to these owners and operators prior to the removal of the underground storage tanks or tank systems. The department, pursuant to chapter 91, shall adopt requirements for the change in service and temporary or permanent closure of underground storage tanks and tank systems, including requirements to prevent future releases of regulated substances into the environment. [L 1989, c 212, pt of §6; am L 1992, c 259, §28]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-50 Definitions.

Cross References
Environmental response law, see chapter 128D.
§342L-50 Definitions.
For the purpose of this part:
"Exposure assessment" means a determination regarding the extent of exposure of, or potential for exposure of, individuals to petroleum from a release from an underground storage tank or tank system. This assessment shall be based on factors such as the nature and extent of contamination, the existence of or potential for pathways of human exposure (including ground or surface water contamination, air emissions, dermal exposure, soil ingestion, and food chain contamination), the size of the community or communities within the likely pathways of exposure, an analysis of expected human exposure levels with respect to short-term and long-term health effects associated with identified contaminants, and any available recommended exposure or tolerance limits for the contaminants.
"Facility" means, with respect to any owner or operator, a single parcel of property (or any contiguous or adjacent property), including improvements, in or upon which all underground storage tanks or tank systems used for the storage of petroleum that are owned or operated by the owner or operator are located.
"Fund" means the leaking underground storage tank fund.
"Owner" means any person who falls within the definition of owner contained within part I but excluding a person who does not participate in the management of an underground storage tank or tank system and is otherwise not engaged in petroleum production, refining, and marketing but holds indicia of ownership primarily to protect a security interest in the tank or tank system. [L 1989, c 212, pt of §6; am L 1992, c 259, §29]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-51 Leaking underground storage tank fund.

§342L-51 Leaking underground storage tank fund.
(a) The department shall establish a revolving fund within the department which shall consist of moneys appropriated to the fund through federal grants, moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, and moneys given to the fund from other sources.
(b) Moneys from the fund shall be expended by the department for the sole purpose of responding to petroleum releases from underground storage tanks or tank systems in a manner consistent with this chapter.
(c) Moneys in the fund, which were appropriated to the fund through a federal grant and which have been collected by the department as part of its cost recovery efforts pursuant to section 342L-53, may be paid to the federal government when such repayment is required by a condition in the relevant federal grant. [L 1989, c 212, pt of §6; am L 1992, c 259, §30]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-53 Cost recovery.

§342L-53 Cost recovery.
(a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system shall be liable to the federal government or the department for these costs. The liability under this subsection shall be construed to be the standard of liability that obtains under section 311 of the Federal Water Pollution Control Act.
(b) In seeking cost recovery, the department may consider the amount of financial responsibility required to be maintained pursuant to section 342L-36 and the factors considered in establishing the amount of financial responsibility pursuant to section 342L-36.
(c) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any underground storage tank or tank system or from any person who may be liable for a release or threat of release under this section, to any other person, the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such an agreement for any liability under this section. Nothing in this chapter shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a provider of financial assurance, has or would have, by reason of subrogation or otherwise against any person.
(d) Moneys collected by the department as part of the cost recovery efforts pursuant to this section shall be deposited in the leaking underground storage tank fund established in section 342L-51. [L 1989, c 212, pt of §6; am L 1992, c 259, §32]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-61 Fuel tank advisory committee; established; composition.

Note
Transfer of rights, powers, etc. of the task force to study fuel tank leaks to the fuel tank advisory committee. L 2016, c 244, §3.
§342L-61 Fuel tank advisory committee; established; composition.
(a) There is established in the department of health the fuel tank advisory committee, which shall consist of up to fourteen ex officio members and at least two public members.
(b) The ex officio members of the committee shall be:
(1) The director of health, who shall serve as the committee's chair;
(2) The four members of Hawaii's congressional delegation, or their designees;
(3) The president of the Hawaii senate, or a senator appointed by the president of the senate;
(4) The speaker of the Hawaii house of representatives, or a representative appointed by the speaker of the house;
(5) The chairperson of the board of land and natural resources, or the chairperson's designee;
(6) The chairperson of the board of water supply of a county with a population of five hundred thousand or more, or the chairperson's designee; and
(7) The chairperson of the commission on water resource management, or the chairperson's designee.
(c) The following persons shall be invited to participate on the advisory committee as ex officio members:
(1) The Commanding General of the United States Army, Pacific, or the Commanding General's designee;
(2) The Commander of the Pacific Fleet of the United States Navy, or the Commander's designee;
(3) The Commander of the Pacific Air Forces, or the Commander's designee; and
(4) A representative from the United States Environmental Protection Agency, or the representative's designee.
(d) The governor shall appoint at least two public members from the community at large in accordance with section 26-34; provided that the advice and consent of the senate shall not be necessary.
(e) The public members of the advisory committee shall receive no salary, but shall be entitled to reimbursement for necessary expenses, including travel expenses. [L 2016, c 244, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342L. Underground Storage Tanks › 342L-62 Duties.

§342L-62 Duties.
(a) The advisory committee shall study issues related to leaks of field-constructed underground fuel storage tanks at the Red Hill Bulk Fuel Storage Facility, Kuahua Peninsula, Pacific Missile Range Facility Barking Sands, Hickam Pol Annex, and Schofield Barracks Military Reservation. The advisory committee shall consider:
(1) The short- and long-term effects of leaks of the fuel tanks, including effects relating to the health of residents, safe drinking water, and the environment;
(2) Response strategies to mitigate the effects of leaks from fuel tanks;
(3) Methods to improve communication between the United States Navy, Air Force, and Army; the State; any local board of water supply; and the public in the event of a leak of any fuel tank;
(4) Groundwater test results in relation to the surrounding areas of fuel tank facilities, with a particular emphasis on the groundwater near the Red Hill Bulk Fuel Storage Facility;
(5) The implications of shutting down any fuel tank facility; and
(6) Updates on progress toward meeting goals of agreement between the State, the affected county, and the federal government.
(b) No later than twenty days before the convening of each regular session, the advisory committee shall submit a report of its findings, including groundwater test results, and recommendations, including any proposed legislation, to the legislature. [L 2016, c 244, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-1 Definitions.

§342P-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Abatement" means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to removal, enclosure, encapsulation, or disposal.
"Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite.
"Complaint" means any written charge filed with or by the department that a person is violating any provision of this chapter or any rule or order adopted or issued pursuant to this chapter.
"Department" means the department of health.
"Director" means the director of health or a duly authorized agent, officer, or inspector.
"Emission" means the act of releasing or discharging asbestos into the ambient air from any source.
"Facility" means any institutional, commercial, public, private, or industrial structure, installation or building.
"Party" means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding.
"Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity.
"Renovation" means altering in any way one or more facilities or structural components of a facility.
"Repair" means the restoration of asbestos-containing material that has been damaged to seal exposed areas where asbestos fibers may be released, including the repair of enclosures around asbestos-containing materials. The term, as it relates to the repair of previously encapsulated asbestos-containing materials, includes filling damaged areas with asbestos substitute and re-encapsulating.
"Variance" means the act of deviating from the requirements of rules adopted under this chapter or a license granted by the director to deviate from these rules. [L 1991, c 219, pt of §1; am L 1998, c 242, §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-2 Administration.

§342P-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 1991, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-3 Duties, rules, powers, appointment of hearings officers.

§342P-3
Duties, rules, powers, appointment of hearings officers.
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall provide for the review of asbestos and lead abatement plans and the inspection of abatement projects within the State.
(b) The director may make, amend, and repeal state rules controlling and prohibiting asbestos pollution and lead-based paint hazards and regulating asbestos and lead abatement. All rules shall be adopted pursuant to chapter 91. Any person heard at a public hearing to adopt these rules shall be given written notice of the action taken by the department with respect to the same.
(c) The director, without regard to chapter 76, may appoint hearings officers to conduct public participation activities, including public hearings and public informational meetings. [L 1991, c 219, pt of §1; am L 1998, c 242, §5; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-4 Inspection of premises.

§342P-4
Inspection of premises.
The director, in accordance with any law, may enter and inspect any building or place to investigate an actual or suspected source, use, or presence of asbestos or lead to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, any permit or other approval granted by the department pursuant to this chapter, or any order issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. Nothing in this section shall be construed to permit a warrantless search of a single family residence, unless the owner or occupier of the dwelling has consented to such a warrantless search.
No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of asbestos or lead, shall be disclosed by the official or employee except as it relates directly to asbestos or lead and then only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1991, c 219, pt of §1; am L 1998, c 242, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-6 Emergency powers; procedures.

§342P-6
Emergency powers; procedures.
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by an emission of asbestos or the presence of lead hazards that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the emission or lead hazards to immediately reduce or stop the emission or creating the lead hazard, 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 that the governor or any other officer may have to declare an emergency or to act on the basis of such a declaration, if the power is conferred by statute or constitutional provision or inheres in the office. [L 1991, c 219, pt of §1; am L 1995, c 201, §7; am L 1998, c 242, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-7 Noise, radiation, and indoor air quality special fund; established.

§342P-7 Noise, radiation, and indoor air quality special fund; established.
(a) There is established within the department of health a noise, radiation, and indoor air quality special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and review, pursuant to sections 342F-14, 342P-28, 466J-4, and 466J-5.
(b) Moneys in the fund shall be expended by the department to:
(1) Partially fund the operating costs of the program mandated activities and functions;
(2) Fund statewide education, demonstration, and outreach programs;
(3) Provide training opportunities to ensure the maintenance of professional competence among staff and administrators; and
(4) Plan for future growth and expansion to meet emerging needs. [L 1998, c 311, pt of §18]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-8 Asbestos and lead abatement special fund.

§342P-8
Asbestos and lead abatement special fund.
(a) There is established within the department of health an asbestos
and
lead abatement special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and reviews.
(b) Moneys in the asbestos and lead abatement special fund shall be expended by the department to:
(1) Partially fund the operating costs of the asbestos and lead abatement program's mandated activities and functions;
(2) Fund statewide education, demonstration, and outreach programs;
(3) Provide for the accreditation of training programs;
(4) Provide training opportunities to ensure the maintenance of professional competence among staff and administrators; and
(5) Plan for future growth and expansion to meet emerging needs.
[L 1998, c 242, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-20 Civil penalties.

§342P-20 Civil penalties.
(a) Any person who violates this chapter, any rule adopted by the department under this chapter, or any condition in a permit or variance issued under this chapter, 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.
(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building or place that the officer or employee is authorized to enter and inspect, shall be fined not more than $5,000. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1991, c 219, pt of §1; am L 1995, c 180, §39; am L 1998, c 242, §9; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-21 Administrative penalties.

§342P-21 Administrative penalties.
(a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20.
(b) Factors to be considered in imposing an administrative penalty shall include:
(1) The nature and history of the violation and 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; the burden of proof to the contrary shall be on the violator.
(d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid. [L 1991, c 219, pt of §1; am L 1995, c 180, §40]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-22 Negligent violations.

§342P-22
Negligent violations.
Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day for each violation or imprisoned for not more than one year, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, punishment shall be a fine of not more than $50,000 per day for each violation or imprisonment of not more than two years, or both. [L 1991, c 219, pt of §1; am L 1998, c 242, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-23 Criminal penalties.

§342P-23
Criminal penalties.
Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, the person shall be fined not more than $100,000 per day for each violation or imprisoned for not more than six years, or both. [L 1991, c 219, pt of §1; am L 1998, c 242, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-24 Knowing endangerment.

§342P-24
Knowing endangerment.
(a) Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, upon conviction, shall be fined not more than $250,000 or imprisoned for not more than fifteen years, or both.
(b) A person that is an organization, upon conviction of violating this section, shall be fined not more than $1,000,000.
(c) For the purpose of this section, in determining whether a defendant who is an individual knew that the individual's conduct placed another person in imminent danger of death or serious bodily injury:
(1) The person shall be responsible only for actual awareness or actual belief that the person possessed; and
(2) Knowledge possessed by a person other than the defendant but not by the defendant, may not be attributed to the defendant, except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself or herself from relevant information.
(d) It shall be an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:
(1) An occupation, a business, or a profession; or
(2) Medical treatment or medical or scientific experimentation conducted by professionally-approved methods and the other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this section by a preponderance of the evidence.
(e) As used in this section:
"Organization" means a legal entity, other than a government, established or organized for any purpose. The term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
"Serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [L 1991, c 219, pt of §1; am L 1998, c 242, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-25 False statements.

§342P-25
False statements.
(a) Any person who knowingly makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a misdemeanor.
(b) A person that is an organization, upon conviction of violating this section, shall be fined not more than $20,000. [L 1991, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-26 Injunctive and other relief.

§342P-26 Injunctive and other relief.
The director may institute a civil action for injunctive and other relief in any environmental court of competent jurisdiction to prevent the violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court may grant relief in accordance with the Hawaii rules of civil procedure. L 1991, c 219, pt of §1; am L 1995, c 180, §41; am L 2014, c 218, §8
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-27 Appeal.

§342P-27
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 shall not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1991, c 219, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-28 Fees.

§342P-28 Fees.
The director may establish reasonable fees for the issuance of notifications, certificates, licenses, permits, and variances to cover the cost of issuance thereof, and for the implementation and enforcement of the terms and conditions of permits and variances not including court costs or other costs associated with any formal enforcement action. The fees shall be deposited to the credit of the asbestos and lead abatement special fund or noise, radiation, and indoor air quality special fund. [L 1991, c 219, pt of §1; am L 1998, c 242, §13 and c 311, §20; am L 1999, c 18, §7]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-29 Public records; confidential information; penalties.

§342P-29 Public records; confidential information; penalties.
Asbestos or lead abatement applications and reports on emissions or lead violations submitted to the department shall be made available for inspection by the public during established office hours unless the reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department, acquiring confidential information from the inspection authorized by section 342P-4, who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or any rule or standard adopted pursuant to this chapter, shall be fined not more than $1,000. [L 1991, c 219, pt of §1; am L 1998, c 242, §14]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-30 Other action not barred.

§342P-30
Other action not barred.
No existing civil or criminal remedy for any wrongful action that is in violation of any statute or any rule of the department or ordinance of any county, shall be excluded or impaired by this chapter. [L 1991, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-31 Enforcement by state and county authorities.

§342P-31 Enforcement by state and county authorities.
All state and county health authorities and police officers shall enforce this chapter and the rules, orders, permits, and variances of the department. [L 1991, c 219, pt of §1; am L 1998, c 242, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-32 Other powers of department not affected.

§342P-32
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 1991, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-33 Effect of laws, ordinances, and rules.

§342P-33
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 asbestos or lead abatement that are not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to asbestos or lead abatement shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1991, c 219, pt of §1; am L 1998, c 242, §16]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-34 Priority in courts.

§342P-34
Priority in courts.
All actions brought pursuant to this chapter, the rules adopted under this chapter, or the conditions of a permit issued under this chapter, at the discretion of the court, shall receive priority in the courts of the State. [L 1991, c 219, pt of §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-40 Prohibition.

Note
Part heading amended by L 1998, c 242, pt of §3.
§342P-40 Prohibition.
No person, including any public body, shall engage in any activity that causes a violation of this chapter. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-41 Powers and duties; specific.

§342P-41 Powers and duties; specific.
The director may:
(1) Establish emission and lead hazard exposure standards for the State as a whole or for any part thereof, including an indoor nonoccupational exposure standard;
(2) Establish a model accreditation program as recommended by the United States Environmental Protection Agency for training for provider certification and accreditation requirements;
(3) Establish work practice standards and notification requirements for the demolition and renovation of facilities containing asbestos and for lead-based abatement activities in dwellings and child-occupied facilities; and
(4) Establish procedures for issuance of reasonable fees for notifications, certifications, and licenses. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-42 Recordkeeping and monitoring requirements.

§342P-42 Recordkeeping and monitoring requirements.
The director may require the owner or operator of any asbestos or lead abatement activity to:
(1) Establish and maintain such records;
(2) Make such reports;
(3) Install, use, and maintain such monitoring equipment or methods;
(4) Monitor hazards;
(5) Sample such emissions; and
(6) Provide such other information;
as the department may require. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-43 Complaints; hearings; appointment of masters.

§342P-43 Complaints; hearings; appointment of masters.
The director may:
(1) Receive or initiate complaints on asbestos pollution or lead hazard violations, hold hearings in connection with asbestos pollution or lead hazards violations, and institute legal proceedings in the name of the State for the prevention, control, or abatement of asbestos pollution or lead hazards; and
(2) Appoint a master or masters to conduct investigations and hearings. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342P. Asbestos and Lead › 342P-44 Research, education, and training programs.

§342P-44 Research, education, and training programs.
The director may:
(1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of asbestos pollution or lead hazards;
(2) With the approval of the governor, cooperate with, and receive money from, the federal government, or any political subdivision of the State, or private sources, for the study and control of asbestos pollution or lead hazards; and
(3) Conduct and supervise statewide educational and training programs on asbestos pollution or lead hazards prevention, control, and abatement, including the preparation and distribution of information relating to asbestos pollution or lead hazards. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 343. Environmental Impact Statements › 343-1 Findings and purpose.

§343-1 Findings and purpose.
The legislature finds that the quality of humanity's environment is critical to humanity's well being, that humanity's activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole.
It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations. [L 1979, c 197, §1(1); am L 1983, c 140, §4]
Case Notes
Cited: 134 H. 86 (App.), 332 P.3d 688 (2014).
2023 Hawaii Revised Statutes › Title 19. Health › 343. Environmental Impact Statements › 343-3 Public records and notice.

§343-3 Public records and notice.
(a) All statements, environmental assessments, and other documents prepared under this chapter shall be made available for inspection by the public during established office hours.
(b) The office shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that statements are required or not required, of the availability of statements for review and comments, and of the acceptance or nonacceptance of statements.
(c) The office shall inform the public of:
(1) A public comment process or public hearing if a federal agency provides for the public comment process or public hearing to process a habitat conservation plan, safe harbor agreement, or incidental take license pursuant to the federal Endangered Species Act;
(2) A proposed habitat conservation plan or proposed safe harbor agreement, and availability for inspection of the proposed agreement, plan, and application to enter into a planning process for the preparation and implementation of the habitat conservation plan for public review and comment;
(3) A proposed incidental take license as part of a habitat conservation plan or safe harbor agreement; and
(4) An application for the registration of land by accretion pursuant to section 501-33 or 669-1(e) for any land accreted along the ocean.
(d) The office shall inform the public by the publication of a periodic bulletin to be available to persons requesting this information. The bulletin shall be available through the office and public libraries. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(3); am L 1983, c 140, §6; am L 1992, c 241, §1; am L 1997, c 380, §8; am L 1998, c 237, §7; am L 2003, c 73, §3]
Case Notes
Where there was no evidence that the city department of planning and permitting filed a notice with the office of environmental quality control pursuant to HAR §11-200-11.1 of its determination that a supplemental environmental impact statement was not required, there was no date from which to measure the thirty day limitation prescribed by §343-7(b) and §343-7(b) was thus inapplicable; in addition, given the plain and unambiguous language of §343-7 and this section, coupled with the related administrative rules, actual knowledge cannot be substituted for the public notice requirement. 123 H. 150, 231 P.3d 423 (2010).
2023 Hawaii Revised Statutes › Title 19. Health › 343. Environmental Impact Statements › 343-5.5 Exception to applicability of chapter.

§343-5.5 Exception to applicability of chapter.
(a) Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter; provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.
(b) As used in this section:
"Discretionary consent" means:
(1) An action as defined in section 343-2; or
(2) An approval from a decision-making authority in an agency, which approval is subject to a public hearing.
"Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.
"Primary action" means an action outside of the highway or public right-of-way that is on private property.
"Secondary action" means an action involving infrastructure within the highway or public right-of-way. [L 2012, c 312, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 343. Environmental Impact Statements › 343-8 Severability.

§343-8 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application; and to this end, the provisions of this chapter are declared to be severable. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(9)]