reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-12 Confidentiality of information.

§128D-12 Confidentiality of information.
(a) Any record, report, or information obtained from any persons under section 128D-4(a) and (b) shall be available to the public, except as provided in subsection (b).
(b) Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, obtained by the department, its personnel or contractors pursuant to this chapter, would divulge commercial or financial information entitled to protection under state or federal law, the department shall consider such information to be confidential and not a public record open to disclosure.
(c) No records, reports, or information for which confidentiality is claimed by the person from whom they are obtained shall be disclosed until such person has received reasonable notice under the procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et seq. and has had the opportunity to demonstrate why these should not be disclosed, including a reasonable opportunity to obtain judicial relief. In any such proceeding, confidentiality shall be accorded to any documents which satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any rules adopted by the department.
(d) No confidential information, obtained pursuant to this chapter by any official or employee of the department within the scope and cause of this official's or employee's employment in the prevention, control, or cleanup of releases of hazardous substances or pollutants or contaminants into the environment, 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 local government entities, who have been charged with carrying out this chapter, including a cost recovery or an enforcement action, or to comply with any state law, CERCLA, or the Clean Water Act, or when relevant in any proceeding under this chapter. Persons receiving information pursuant to this subsection shall maintain the confidentiality of the information which is provided in this section to the maximum extent allowed by law. [L 1990, c 298, pt of §17; am L 1991, c 280, §13]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-13 Reporting requirements.

§128D-13 Reporting requirements.
The department shall submit to the legislature an annual report, including a comprehensive budget to implement remedial action plans requiring funding by the environmental response revolving fund. This report shall identify those sites eligible for remedial action under CERCLA, including a statement as to any appropriation that may be necessary to pay the State's share of the plan. [L 1990, c 298, pt of §17]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-15 Employee protection.

§128D-15 Employee protection.
No person shall terminate from employment or in any other way discriminate against, or cause to be eliminated from employment or discriminated against, any person on the grounds that the person has provided information to the State, filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this chapter, or has refused to act because of the good faith belief that one would be acting in violation of this chapter. No criminal penalty shall be imposed under this chapter upon any person for action taken in the course and scope of the person's employment if the person does not possess managerial or supervisory authority. [L 1990, c 298, pt of §17; am L 1991, c 280, §14; gen ch 2011]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-19 Administrative review of orders.

§128D-19 Administrative review of orders.
(a) Any person who receives and complies with the terms of any order issued under this chapter, within sixty days after completion of the required order, may petition the director to appoint a hearings officer for review of the order and for reimbursement from the fund or the State for the reasonable costs of complying with the order, including interest.
(b) Within thirty days of receipt of the petition, the hearings officer shall commence a contested case hearing in compliance with chapter 91, and, within thirty days of the completion of the hearing, grant in whole or in part, or deny the petition.
(c) In the contested case hearing, in order to obtain reimbursement, the petitioner shall establish by clear and convincing evidence that the petitioner is not liable under this chapter and that the costs for which the petitioner seeks reimbursement are reasonable in light of the action required by the order.
(d) A petitioner who is liable under this chapter may recover the petitioner's reasonable costs of compliance with the order from the fund, or, if there are not sufficient moneys in the fund to satisfy the claims, then from the State, to the extent that the petitioner can demonstrate, on the administrative record, that the director's decision in selecting the action ordered was arbitrary and capricious or was otherwise not in accordance with the law. Reimbursement awarded under this subsection shall include all costs incurred by the petitioner pursuant to the order. If only a portion of the order is found to be arbitrary and capricious or otherwise not in accordance with law, reimbursement awarded under this paragraph shall include all costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with the law.
(e) Reimbursement awarded under subsections (c) and (d) may include appropriate costs, fees, and other expenses, including reasonable attorney's fees. [L 1991, c 280, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-20 De minimis settlements.

§128D-20 De minimis settlements.
(a) Whenever practicable and in the public interest, the director, in consultation with the attorney general, as promptly as possible, shall reach a final settlement with a potentially responsible party in any administrative or civil action brought under this chapter, provided that the settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the director, the conditions in either paragraph (1) or (2) are met:
(1) Both the amount of the hazardous substances contributed by that party to the facility and the toxic or other hazardous effects of the substances contributed by that party to the facility are minimal in comparison to other hazardous substances at the facility; or
(2) The potentially responsible party is the owner of the real property on or in which the facility is located, and did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the facility, and did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omission.
This subsection shall not apply if the potentially responsible party purchases the real property with actual or constructive knowledge that the property was used for the generation, storage, treatment, or disposal of any hazardous substance.
(b) The director may provide a covenant not to sue with respect to the facility concerned to any party who has entered into a settlement under this section unless such a covenant would be inconsistent with the public interest.
(c) The director shall reach any such settlement or grant such covenant not to sue as soon as possible after the director has available the information necessary to reach such a settlement or grant such a covenant.
(d) A settlement under this section shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. Any [environmental court] with jurisdiction may enforce any such consent decree or administrative order.
(e) A party who has resolved its liability to the State under this section shall not be liable for claims for contribution or indemnity regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.
(f) Nothing in this section shall be construed to affect the authority of the director to reach settlements with other potentially responsible parties. [L 1991, c 280, pt of §1; am L 2014, c 218, §8]
Revision Note
"State court", as amended by L 2014, c 218, §8, changed to "environmental court" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-21 Citizen's suits.

§128D-21
Citizen's suits.
(a) Except as provided in subsections (c) and (d) and in section 128D-17, any person may commence a civil action in the circuit environmental court on the person's own behalf against:
(1) Any person, including the State and any other governmental instrumentality or agency, who is alleged to be in violation of any rule, requirement, or order that has become effective pursuant to this chapter; or
(2) The director, where there is alleged a failure of the director to perform any act or duty under this chapter, that is not discretionary with the director.
(b) The circuit environmental court shall have jurisdiction in actions brought under subsection (a)(1) to enforce the rule, requirement, or order concerned, to order such action as may be necessary to correct the violation, and to impose any civil penalty provided for the violation. The circuit environmental court shall have jurisdiction in actions brought under subsection (a)(2) to order the director to perform the act or duty concerned.
(c) The following shall apply to actions brought pursuant to subsection (a)(1):
(1) No action may be commenced before sixty days after the plaintiff has given notice in accordance with rules adopted under chapter 91 of the violation to:
(A) The director; and
(B) Any alleged violator of the rule, requirement, or order concerned; and
(2) No action may be commenced if the director has issued a notice letter to the violator concerning the violation or has undertaken a response action, including investigation, with respect to the violation.
(d) No action may be commenced under subsection (a)(2) before the sixtieth day following the date on which the plaintiff gives notice to the director that the plaintiff will commence the action. Notice under this subsection shall be given in such manner as the director shall adopt by rule.
(e) The environmental court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the environmental court determines such an award is appropriate.
(f) The State, if not a party to any action under this section, may intervene as a matter of right.
(g) This chapter does not affect or otherwise impair the rights of any person under federal, state, or common law, except with respect to the timing of review as provided in section 128D-17.
(h) No action shall be brought under this section for two years following June 17, 1991. [L 1991, c 280, pt of §1; am L 2014, c 218, §8]
Revision Note
"June 17, 1991" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-22 Exemption from duplicative regulation.

§128D-22 Exemption from duplicative regulation.
When there has been a response to a release pursuant to an order issued under federal law, the director may use this chapter to address the same release provided that:
(1) The release creates an imminent and substantial harm to the public health or welfare; and
(2) The federal law has not provided a remedy consistent with the state contingency plan.
In those circumstances, the director shall avoid actions in conflict with federal law. A single release may be addressed either by CERCLA or by this chapter, but not both, except in the case of a joint enforcement. Nothing in this chapter shall prevent the director from taking action pursuant to the common law or other statutory provisions necessary to protect the public health and welfare, safety, or the environment. [L 1991, c 280, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-23 Exemption from state and county permits.

§128D-23 Exemption from state and county permits.
No state or county permit shall be required for the portion of any removal or remedial action conducted entirely on site where such response action is carried out in compliance with this chapter, or where such removal or remedial action is in response to a release of a hazardous substance or pollutant or contaminant that occurred in or on the coastal waters of the State and such removal or remedial action is carried out in compliance with this chapter, the National Contingency Plan, or at the direction of a federal or state on-scene coordinator. [L 1991, c 280, pt of §1; am L 1993, c 324, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-31 General provisions.

§128D-31 General provisions.
(a) Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part. All voluntary response actions, where an exemption from liability may be granted by the department, shall follow the public participation requirements of the remedial process as described in rules adopted pursuant to part I.
(b) Additionally, within ten days of receiving an application and processing fee, the department shall:
(1) Post a sign at the site notifying the public of participation in the voluntary response program, the public's opportunity to comment, and how a copy of the application may be obtained; and
(2) Send a brief summary of the application to the office of planning and sustainable development for publication in the office's bulletin along with instructions for obtaining a copy of the application and commenting procedures to the department.
The comment period shall run concurrently with and shall not delay the application process.
(c) This part shall apply to any person who chooses to conduct a voluntary response action. However, the exemption from liability in section 128D-40 shall only apply to prospective purchasers. [L 1997, c 377, pt of §2; am L 1998, c 233, §1; am L 2021, c 152, §16 and c 153, §9]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-32 Definitions.

§128D-32 Definitions.
As used in this part, unless the context otherwise requires:
"Prospective purchaser" means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under section 128D-6, prior to a voluntary response action being conducted.
"Requesting party" means the person or persons submitting an application to conduct a voluntary response action.
"Voluntary response action" means a response conducted voluntarily by a requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-33 Eligibility.

§128D-33 Eligibility.
(a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except:
(1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
(2) Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;
(3) A site where the United States Coast Guard has issued a federal Letter of Interest;
(4) A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and
(5) A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.
(b) The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.
(c) The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-34 Application.

§128D-34 Application.
(a) For each site at which a requesting party chooses to conduct a voluntary response action, an application and $1,000 nonrefundable processing fee shall be submitted. In the case of a requesting party that is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it to be in the public interest.
(b) The department shall review each application in a timely manner and approve or deny the application based upon the requirements in this section and sections 128D-33 and [128D-35].
(c) Each application shall include but not be limited to the following information:
(1) The requesting party's name, mailing address, telephone number, facsimile number, if applicable, or electronic mail address;
(2) The property owners' names, mailing addresses, telephone numbers, facsimile numbers, if applicable, or electronic mail addresses;
(3) The property location, mailing address, street or physical location address, latitude and longitude, tax map key numbers, and telephone number for the requesting party;
(4) A brief description of the site, its operational history, and any known or suspected contamination;
(5) A listing of any permits obtained by any facility on the property;
(6) A description of the intended scope of work;
(7) A description of any civil, criminal, or administrative actions relative to the environmental matters of the subject property;
(8) A written consent by the property owner supporting the proposed voluntary response action including any restrictions of property rights; and
(9) The signature of the requesting party.
(d) The requesting party shall provide the department with any and all reports and data pertaining to environmental investigations or response actions on the subject property.
(e) Within sixty days after initial approval of the application, the requesting party and the department shall negotiate an agreement for conducting the voluntary response action. The agreement shall contain guarantees of completion, such as letters of credit, personal guarantees, insurance, or similar measures of guarantee. If, after sixty days, an agreement cannot be negotiated in good faith, the department may deny the application.
(f) The department's decision on an application shall be final, with no right of appeal. [L 1997, c 377, pt of §2; am L 2005, c 133, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-35 Denial of application.

§128D-35 Denial of application.
(a) The director may deny an application submitted under section 128D-34. In denying an application, the director may consider the following:
(1) The nature and extent of any past, current, or future actions by the department regarding the proposed site and the impact the voluntary response action might have on these past, current, or future actions;
(2) Site eligibility based on the criteria in section 128D-33;
(3) Completeness and accurateness of the application:
(A) If an application is denied because it is incomplete or inaccurate, the director, not later than forty-five days after receipt of the application, shall identify the omission or inaccuracy for the requesting party. A requesting party whose application has been denied because it is incomplete or inaccurate, may resubmit an application for the same response action without submitting an additional application fee; and
(B) If a requesting party's application is denied a second time, the director may require an additional $1,000 processing fee for any subsequent submittal;
(4) Inappropriate or inadequate scope of work;
(5) Pending litigation;
(6) The capacity of the requesting party or the requesting party's agent to carry out the response action properly;
(7) Whether the public will receive substantial benefit from the cleanup, including but not limited to environmental improvement and economic development;
(8) Whether the continued operation of the site or new site development, with the exercise of due care, will aggravate or contribute to the existing contamination or interfere with the department's response action;
(9) Whether the continued operation or new development of the property will pose health risks to the community and those persons likely to be present at the site; or
(10) The financial viability of the prospective purchaser.
(b) If the director finally denies the application, the director shall:
(1) Notify the requesting party that the application has been denied; and
(2) Explain the reasons for denial of the application. [L 1997, c 377, pt of §2; am L 1998, c 233, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-36 Funding.

§128D-36 Funding.
(a) The department shall establish an account, to be called the voluntary response action account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this part.
(b) The $1,000 nonrefundable application fee shall be deposited into the voluntary response action account.
(c) Upon initial approval of an application, the department may require a deposit of up to $5,000 to initiate a site-specific account. The department may require an additional deposit of up to $5,000, whenever the balance of the site-specific account falls below $1,000.
(d) If a site-specific account balance is inadequate to support oversight, the department may discontinue oversight on the voluntary response action. The department may pursue enforcement action against the requesting party and any other person liable under section 128D-6, pursuant to part I of this chapter, when an account balance is inadequate to support further oversight by the department.
(e) At the completion of the voluntary response action, or at the termination of the agreement, except when the voluntary response action requires continuing oversight, the department shall provide a final accounting of the site-specific account and return the balance to the requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-37 Oversight costs.

§128D-37 Oversight costs.
(a) The department's oversight costs shall be calculated at $100 for each hour of staff time plus actual expenses incurred or one hundred twenty-five per cent of actual cost when contracting for oversight services. If a requesting party is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it to be in the public interest.
(b) The department shall provide each requesting party or parties a summary of the oversight costs for the party's specific site on an annual basis. [L 1997, c 377, pt of §2; am L 2005, c 133, §5]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-38 Exempt positions.

§128D-38 Exempt positions. There are established such positions as necessary to support the voluntary response program and other voluntary activities pursuant to this chapter. These positions shall be appointed by the director without regard to chapter 76. These positions shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1997, c 377, pt of §2; am L 2000, c 253, §150; am L 2005, c 133, §6]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-39 Letter of completion

§128D-39 Letter of completion
. (a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party.
(b) The letter of completion shall identify the specific hazardous substances, pollutants, contaminants, media, and land area addressed in the response action.
(c) If contamination is left on the site, the letter of completion shall specify terms and conditions necessary to protect the public health and environment.
(d) The letter of completion shall be noted on the property deed and shall be sent to the county agency that issues building permits. The exemption from future liability and other benefits and restrictions identified in the letter of completion shall run with the land and apply to all future owners of the property. The exemption from liability noted in section 128D-40 shall not apply to those persons who were liable pursuant to section 128D-6 prior to conducting the voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §4; am L 2005, c 133, §7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-40 Exemption from liability.

§128D-40 Exemption from liability. (a) To qualify for an exemption from liability, a requesting party that is also a prospective purchaser shall enter into a voluntary response agreement with the department prior to becoming the owner or operator of the property that is the subject of the agreement.
(b) Prospective purchasers who complete a voluntary response action and receive a letter of completion from the department are exempt from future liability to the department for those specific hazardous substances, pollutants, contaminants, media, and land area addressed in the voluntary response action and specified in a letter of completion from the department. Prospective purchasers of property for which an owner has completed a voluntary response action and received a letter of completion from the department are exempt from future liability to the department for those specific hazardous substances, pollutants, contaminants, media, and land area addressed in the voluntary response action and specified in the letter of completion issued to the party who conducted the voluntary response action.
(c) The exemption from future liability to the department referenced in subsection (b) applies only to those specific hazardous substances, pollutants, and contaminants cleaned up to a risk-based standard of not more than one total lifetime cancer risk per one million and only to the specific media and land area addressed in the voluntary response action; provided that the exemption only applies to the contamination which occurred prior to conducting the voluntary response action.
(d) A party who is exempt from future liability to the department under subsections (b) and (c) shall not be liable for claims for contribution or indemnity regarding matters addressed in the voluntary response action.
(e) The department reserves the right to take action consistent with this chapter against responsible parties.
(f) The exemption from liability shall not be effective:
(1) If a letter of completion is acquired by fraud, misrepresentation, or failure to disclose material information;
(2) Where transactions were made for the purpose of avoiding liability under part I; or
(3) If a prospective purchaser fails to comply with the terms and conditions specified in the letter of completion.
(g) There shall be no exemption from liability for other laws or requirements. [L 1997, c 377, pt of §2; am L 1998, c 233, §5; am L 2005, c 133, §8]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128D. Environmental Response Law › 128D-41 Termination of voluntary response action

§128D-41 Termination of voluntary response action
. (a) An agreement under this part may be terminated by the requesting party at any time.
(b) The director may terminate an agreement pursuant to this section when:
(1) There is an imminent and substantial threat to public health, the environment, or natural resources;
(2) The requesting party is not acting in good faith;
(3) Inadequate funds remain in the site-specific account;
(4) An applicant becomes ineligible after initiating the action pursuant to sections [128D-33] and [128D-35];
(5) An applicant fails to comply with the terms of the agreement noted in section [128D-34(e)]; or
(6) The draft remedial action is inadequate.
(c) Termination of the agreement pursuant to this section does not affect any right the director may have under any law to recover costs or to take enforcement action.
(d) Nothing in this part prohibits the department from taking enforcement action prior to completion of the voluntary response action. Furthermore, the director may, at any time, use the director's authority under section 128D-4 when it is deemed necessary. [L 1997, c 377, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-3 Powers; rulemaking; appointment of hearing officers.

§128E-3 Powers; rulemaking; appointment of hearing officers.
(a) The commission may adopt rules in accordance with chapter 91 to implement this chapter. The rules shall include, but not be limited to, requirements for reporting releases. Any person heard at a public hearing on the adoption of any rule shall be given written notice of the action taken by the commission with respect to the rule.
(b) In addition to other specific powers provided in this chapter, the commission may appoint, without regard to chapter 76, hearing officers to conduct public participation activities, including public hearings and public informational meetings. [L 1993, c 300, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-4 Establishment of emergency planning districts.

§128E-4 Establishment of emergency planning districts.
Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department shall be responsible for Kalawao county.
[L 1993, c 300, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-7 Emergency notification requirements.

§128E-7 Emergency notification requirements.
The commission shall adopt rules in accordance with chapter 91 establishing the contents of hazardous substance release reports. The rules shall address, but are not limited to, the following:
(1) The quantities of designated hazardous substances that are deemed reportable pursuant to this chapter when released;
(2) The specific periods of time within which these quantities are deemed reportable pursuant to this chapter after being released;
(3) The agencies to which reports of releases must be made; and
(4) The format in which the release is to be reported.
[L 1993, c 300, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-8 Funds for operation.

§128E-8 Funds for operation.
(a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this chapter.
(b) All moneys to meet the general operating needs and expenses of the emergency planning and community right-to-know program of the department shall be allocated by the legislature through appropriations out of the state general fund and the environmental response revolving fund; provided that the appropriations from the environmental response revolving fund shall not exceed the amount of moneys collected from the filing fees assessed in section 128E-9. The department shall include in its budgetary request for each upcoming fiscal period the amounts necessary to effectuate the purposes of this chapter.
(c) The department of health, with the assistance of the department of budget and finance and department of accounting and general services, shall prepare a report for the legislature concerning the amount of moneys collected during the preceding fiscal year, the amount of moneys collected to date during the current fiscal year, and the amount of moneys to be collected during the upcoming fiscal year, pursuant to sections 128E-9 and 128E-11. The department shall submit the foregoing report to the legislature not less than twenty days prior to the convening of each regular session of the legislature. [L 1993, c 300, pt of §1; am L 1997, c 260, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-9 Filing fees.

§128E-9 Filing fees.
Facilities that are required to report according to section 128E-6(a)(2), shall remit $200 with each submission of chemical inventory forms or Tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this section shall be deposited in the state treasury and accrue to the credit of the environmental response revolving fund established in section 128D-2. [L 1993, c 300, pt of §1; am L 1997, c 260, §5; am L 2017, c 162, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-10 Immunity from civil liability.

§128E-10 Immunity from civil liability.
(a) No employee, representative, or agent of a state or county agency, or persons requested by a state or county agency to engage in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site, shall be liable for the death of or any injury to persons, or the loss of or damage to property, resulting from that hazardous material release, except for any acts or omissions that constitute wilful misconduct.
(b) No commission or committee member shall be liable for the death of or any injury to persons, the loss of or damage to property, or any civil damages, resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the commission or a committee, except for acts or omissions that constitute wilful misconduct.
[L 1993, c 300, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-11 Penalties and fines.

§128E-11 Penalties and fines.
(a) Any person who violates any of the emergency reporting, planning, or notification requirements of section 128E-6 or 128E-7, or fails to pay the fees required by section 128E-9, shall be subject to a civil penalty of not less than $1,000 but not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense.
(b) Any person who:
(1) Knowingly fails to report the release of a hazardous substance or extremely hazardous substance, as required by section 128E-7, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $1,000 but not more than $25,000 for each separate offense, or imprisoned for not more than one year, or both. For the purposes of this paragraph, each day of each violation shall constitute a separate offense; or
(2) Intentionally obstructs or impairs, by force, violence, physical interference, or obstacle, a representative of the department, a hazardous materials response team, or a committee attempting to perform the duties and functions set forth in section 128E-5, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $5,000 but not more than $25,000 for each separate offense, or be imprisoned for not more than one year, or both.
(c) All moneys collected under this section shall be deposited in the state treasury and accrue to the credit of the state general fund.
[L 1993, c 300, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-12 Enforcement.

§128E-12 Enforcement.
If the commission determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the commission:
(1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable time during which the facility shall submit the required reports, forms, and notifications;
(2) May require the alleged violator or violators to appear before the commission for a hearing at a time and place specified in the notice or to be set later, and to answer the charges complained of; and
(3) May impose penalties as provided in section 128E-11 by sending a written notice describing the violation, either by certified mail or personal service, to the alleged violator or violators.
[L 1993, c 300, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 128E. Hawaii Emergency Planning and Community Right-to-Know Act › 128E-13 Relationship to other laws.

§128E-13 Relationship to other laws.
(a) This chapter shall be read in conjunction with the federal statutes and regulations providing for the identification, labeling, and reporting of information concerning hazardous material releases, and any other health and safety provisions relating to hazardous materials, and is intended to supplement federal statutes and regulations in the interest of protecting the health and safety of the citizens of the State.
(b) Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other laws of the State.
(c) This chapter shall preempt any ordinances passed or adopted by any county that are effective on, before, or after June 21, 1993, to the extent that these ordinances conflict or are inconsistent with the provisions of this chapter. [L 1993, c 300, pt of §1]
Revision Note
"June 21, 1993" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 130. Emergency Seat of Government › 130-1 Emergency seat of state government.

§130-1 Emergency seat of state government.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in Honolulu, city and county of Honolulu, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without the State as the governor may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to the emergency temporary location, or locations. The emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location. [L 1959, c 16, §1; Supp, §359A-1; HRS §130-1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 130. Emergency Seat of Government › 130-2 Effect of official state acts.

§130-2 Effect of official state acts.
During such time as the seat of government remains at an emergency temporary location, or locations, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of the State, including the convening and meeting of the legislature in any kind of session, shall be as valid and binding when performed at the emergency temporary location, or locations, as if performed at the normal location of the seat of government. [L 1959, c 16, §2; Supp, §359A-2; HRS §130-2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 130. Emergency Seat of Government › 130-3 Emergency seat of county government.

§130-3 Emergency seat of county government.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of county government at the regular or usual place or places thereof, the governing body of each county may meet at any place within or without the territorial limits of the county on the call of the presiding officer or any two members of the governing body, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. The sites or places may be within or without the territorial limits of the county and may be within or without the State. [L 1959, c 16, §3; Supp, §359A-3; HRS §130-3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 130. Emergency Seat of Government › 130-4 Effect of official county acts.

§130-4 Effect of official county acts.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a county shall have and possess and shall exercise, at the location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon the body and officers by or under the laws of the State. The powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their county. [L 1959, c 16, §4; Supp, §359A-4; HRS §130-4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 130. Emergency Seat of Government › 130-5 Applicability.

§130-5 Applicability.
This chapter shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith. [L 1959, c 16, §5; Supp, §359A-5; HRS §130-5]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-1 County fire chiefs; powers and duties.

§132-1 County fire chiefs; powers and duties.
(a) Records. The fire chief of each county shall keep in the county fire chief's office a record of all fires occurring in the county and of all facts concerning the same, and shall make such compilations and statistical investigations as the fire chief may deem proper, all of which shall be kept as permanent records in the fire chief's office. All records shall be public, except that any evidence in any investigation may, in the discretion of the county fire chief, be withheld from the public.
(b) Investigations, generally. The fire chief of each county shall:
(1) Investigate the cause, origin, and circumstances of fires;
(2) Supervise and make or cause to be made periodically a thorough inspection of all property which might constitute a fire hazard within the county;
(3) Summon and compel the attendance of witnesses and production of evidence and hold hearings and make orders in any matter under the fire chief's jurisdiction;
(4) Cooperate with any and all other governmental officers or agencies having jurisdiction in the matters. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(1, 3, 9); RL 1945, §8525; RL 1955, §184-1; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §132-1; am L 1978, c 241, §2(1); gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-2 General power to make rules.

§132-2 General power to make rules.
Subject to chapter 91, the fire chief of each county may adopt rules which shall not be inconsistent with the provisions of any ordinance relating to the protection of persons and property against fire. Such rules may relate to:
(1) Prevention of fires, and the inspection of property, periodically or otherwise, or for the prevention of or reduction of loss by fire, or to promote the safety of persons in case of fire;
(2) Manufacture, storage, sale, and use of combustibles and explosives;
(3) Installation and maintenance of automatic, or other fire alarm systems, and fire extinguishing equipment;
(4) Fire escape and other means of exits from or access to buildings or parts of buildings or other property in case of fire including the exterior approaches to exits of places of assembly. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(2); RL 1945, §8526; am L 1949, c 364, §1; RL 1955, §184-2; am L 1965, c 96, §125; HRS §132-2; am L 1978, c 241, §2(2)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-3 Adoption of state fire code.

§132-3 Adoption of state fire code.
The state fire council shall, pursuant to chapter 92 and exempt from the requirements of chapter 91, adopt a state fire code setting forth minimum requirements relative to the protection of persons and property from fire loss, including without limitation:
(1) The storage, handling, and use of hazardous substances, materials, and devices; and
(2) The control of conditions hazardous to life or property in the design, use, or occupancy of buildings and premises.
The state fire code shall become part of the Hawaii state building codes as provided in section 107-25. The state fire council shall meet annually to review and amend the state fire code. [L 1941, c 176, § §1, 4; RL 1945, §8527; RL 1955, §184-3; am L 1965, c 96, §126; HRS §132-3; am L 1978, c 241, §2(3); am L 2001, c 55, §6; am L 2008, c 18, §1; am L 2014, c 164, §10; am L 2020, c 49, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-4 OLD REPEALED. §132-4 Investigation of fires; criminal prosecutions.

§132-4 OLD REPEALED.
L 1978, c 241, §2(4).
§132-4 Investigation of fires; criminal prosecutions.
The fire chief of the county in which any fire occurs shall immediately investigate the cause, origin, and circumstances of fire by which property has been destroyed or damaged and so far as possible determine whether the fire was the result of carelessness or design.
If after any investigation the county fire chief is of the opinion that the evidence in relation to the fire indicates that a crime has been committed, the fire chief shall present the evidence to the prosecuting officer of the county in which the supposed offense was committed, with the request that the prosecuting officer institute such criminal proceedings as the evidence may warrant. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(6, 7, 8); RL 1945, §8529; RL 1955, §184-5; HRS §132-5; ren and am L 1978, c 241, §2(5); gen ch 1985]
Case Notes
Transmittal of circular on fire regulation to violator does not constitute notice of violation. 5 H. 41 (1884).