reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-101.5 Commercial passenger vessels; exemption.

§342G-101.5 Commercial passenger vessels; exemption.
(a) Notwithstanding any other provision of this part, this part shall not apply to a deposit beverage container that is sold or delivered to an entity operating a commercial passenger vessel when the deposit beverage container is intended for use and consumption on the commercial passenger vessel. The entity operating the commercial passenger vessel shall be exempt from this part only if it has a deposit beverage container recycling plan prescribed or approved by the department.
(b) Recycling plans shall be submitted to the department and shall include the name and address of the recycling facility that is accepting the empty deposit beverage containers.
(c) Deposit beverage containers covered under this exemption shall not be redeemed for the refund value or handling fee. [L 2005, c 206, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-102 Deposit beverage container fee.

§342G-102 Deposit beverage container fee.
(a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactured in or imported into the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 0.5 cents per deposit beverage container.
(b) Beginning on October 1, 2004, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each deposit beverage container manufactured in or imported into the State. The deposit beverage container fee shall not apply to deposit beverage containers exported for sale outside of the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 1 cent per deposit beverage container.
(c) No county shall impose or collect any assessment or fee on deposit beverage containers for the same or similar purpose that is the subject of this chapter.
(d) Beginning January 1, 2005, and every August 1 thereafter, the department shall notify deposit beverage distributors in writing of the amount of the deposit beverage container fee. The effective date of changes to the fee amount shall be September 1. The fee shall be based on the redemption rate calculated annually based on the redemption rate information submitted to the department for the previous period of July 1 through June 30. The fee amount shall be as follows:
(1) If the redemption rate is seventy per cent or less: 1 cent per container; and
(2) If the redemption rate is greater than seventy per cent: 1.5 cents per container.
(e) The director may temporarily suspend an automatic increase of the deposit beverage container fee if, after consultation with the auditor, it is determined that the deposit beverage container deposit special fund contains sufficient funds for the purposes of section 342G-104(b). [L 2002, c 176, pt of §2; am L 2004, c 241, §3; am L 2007, c 285, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-103 Deposit beverage distributors; registration, recordkeeping requirements.

§342G-103 Deposit beverage distributors; registration, recordkeeping requirements.
(a) By September 1, 2002, all deposit beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address or other information previously submitted. After September 1, 2002, any person who desires to conduct business in the State as a deposit beverage distributor shall register with the department no later than one month prior to the commencement of the business.
(b) All deposit beverage distributors shall maintain records reflecting the manufacture of their beverages in deposit beverage containers as well as the importation and exportation of deposit beverage containers. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person, except:
(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or
(2) Under an order issued by a court or administrative agency hearings officer. [L 2002, c 176, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-104 Deposit into deposit beverage container deposit special fund; use of funds.

§342G-104 Deposit into deposit beverage container deposit special fund; use of funds.
(a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited:
(1) All revenues generated from the deposit beverage container fee as described under sections 342G-102 and 342G-105;
(2) All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110; and
(3) All accrued interest from the fund.
(b) Moneys in the deposit beverage container deposit special fund shall be used to reimburse refund values and pay handling fees to redemption centers. The department may also use the money to:
(1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container program;
(2) Conduct recycling education and demonstration projects;
(3) Promote recyclable market development activities;
(4) Support the handling and transportation of the deposit beverage containers to end-markets;
(5) Hire personnel to oversee the implementation of the deposit beverage container program, including permitting and enforcement activities; and
(6) Fund associated office expenses.
(c) Any funds that accumulate in the deposit beverage container deposit special fund shall be retained in the fund unless determined by the legislature to be in excess. [L 2002, c 176, pt of §2; am L 2004, c 241, §4; am L 2005, c 228, § §3, 6(1); am L 2006, c 231, §2; am L 2009, c 79, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-105 Deposit beverage container inventory report and payment.

§342G-105 Deposit beverage container inventory report and payment.
(a) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on inventory reports of the deposit beverage distributors. All deposit beverage distributors shall submit to the department documentation in sufficient detail that identifies the net number of deposit beverage containers sold, donated, or transferred, by container size and type.
(b) The amount due from deposit beverage distributors shall be the net number of deposit beverage containers sold, donated, or transferred multiplied by the sum of the prevailing deposit beverage container fee and the refund value of 5 cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All inventory reports and payments shall be made no later than the fifteenth day of the month following the end of the payment period of the previous month. [L 2002, c 176, pt of §2; am L 2007, c 285, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-107 Management and financial audit.

§342G-107 Management and financial audit.
The auditor shall conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter ending in an even-numbered year. The auditor shall submit the audit report, including the amount of unredeemed refund value and recommendations, to the legislature and the department no later than twenty days prior to the convening of [the] next regular session. The costs incurred by the auditor for the audit shall be reimbursed by the deposit beverage container program special fund. The auditor may contract the audit services of a third party to conduct the audit. [L 2002, c 176, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-109 Rules; commencement.

§342G-109 Rules; commencement.
The department may adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part. Full implementation of the deposit beverage container deposit program shall commence no later than January 1, 2005. [L 2002, c 176, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-110 Payment and application of deposits.

§342G-110 Payment and application of deposits.
(a) By January 1, 2005, every deposit beverage container sold in this State shall have a refund value of 5 cents. Each container shall have the refund value clearly indicated on it as provided in section 342G-112.
(b) The refund value is the amount of the deposit required. Once a refund value has been applied to a deposit beverage container, the deposit on that container may not be changed and shall be paid to the State.
(c) The deposit on each filled deposit beverage container shall be paid by the deposit beverage distributor, who manufactures or imports beverages in deposit beverage containers. Payment and reporting of the deposits shall be in accordance with section 342G-105. The deposits shall be deposited into the deposit beverage container deposit special fund as described in section 342G-104.
(d) Deposit beverage distributors who are required under subsection (c) to pay a deposit shall also pay a deposit beverage container fee and register with the State. [L 2002, c 176, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-111 Sales of beverages in deposit beverage containers; distributor report; fee and deposit payment.

§342G-111 Sales of beverages in deposit beverage containers; distributor report; fee and deposit payment.
(a) By January 1, 2005, every deposit beverage distributor who pays a deposit to the department shall charge the dealer or consumer a deposit equal to the refund value for each deposit beverage container sold in Hawaii. The deposit charge may appear as a separate line item on the invoice.
(b) Each dealer shall charge the consumer the deposit beverage container deposit at the point of sale of the beverage, excluding sales for on-premises consumption. The deposit charge may appear as a separate line item on the invoice.
(c) Each deposit beverage distributor shall generate and submit to the department a monthly report on the net number of deposit beverage containers sold, donated, or transferred by container size and type. All information contained in the reports, including confidential commercial and financial information, shall be treated as confidential and protected to the extent allowed by state law.
(d) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on reports of the deposit beverage distributors under subsection (c).
(e) Beginning January 1, 2005, a deposit beverage distributor who annually imports or manufactures one hundred thousand or fewer deposit beverage containers may submit reports and payments required under subsections (c) and (d) on a semi-annual basis; provided that the semi-annual report and payment period shall end on June 30 and December 31 of each year.
(f) The amount due from a deposit beverage distributor shall be the net number of deposit beverage containers sold multiplied by the sum of the prevailing deposit beverage container fee and the deposit value of 5 cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All reports and payments shall be made no later than the fifteenth day of the month following the end of the previous payment period.
(g) The department may allow dealers to charge customers the refund value beginning November 1, 2004; provided that the deposit beverage containers are clearly marked with the refund value and the deposit beverage distributor has paid the refund value on each container to the department. The dealer shall inform customers that the deposits paid prior to January 1, 2005, shall not be redeemable until January 1, 2005. [L 2002, c 176, pt of §2; am L 2004, c 241, §5; am L 2007, c 285, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-112 Deposit beverage container requirements.

§342G-112 Deposit beverage container requirements.
(a) Except as provided in subsection (b), every deposit beverage container sold in the State shall clearly indicate the refund value of the container and the word "Hawaii" or the letters "HI". The names or letters representing the names of other states with comparable deposit legislation may also be included in the indication of refund value. The refund value on every deposit beverage container shall be clearly, prominently, and indelibly marked by painting, printing, scratch embossing, raised letter embossing, or securely affixed stickers and shall be affixed on the top or side of the container in letters at least one-eighth inch in size.
(b) Subsection (a) shall not apply to any type of refillable glass deposit beverage container that has a brand name permanently marked on it and that has the equivalent of a refund value of at least 5 cents, which is paid upon receipt of the container by a dealer or deposit beverage distributor.
(c) Containers that do not meet the definition of a deposit beverage container, as specified in section 342G-101, shall not indicate "Hawaii" or "HI" on the container. [L 2002, c 176, pt of §2; am L 2004, c 241, §6; am L 2007, c 285, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-113 Redemption of empty deposit beverage containers.

§342G-113 Redemption of empty deposit beverage containers.
(a) Except as provided in subsection (b), a dealer shall:
(1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value;
(2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and
(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119 or rules adopted under this part.
(b) Subsection (a) shall not apply to any dealer:
(1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently of a dealer;
(2) Who is located in a rural area as defined by rule;
(3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;
(4) Whose sales of deposit beverage containers are only via vending machines;
(5) Whose place of business is less than five thousand square feet of interior space;
(6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or
(7) Who meets other criteria established by the director.
Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience.
(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.
(d) If there is no redemption center within the two-mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.
(e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center. [L 2002, c 176, pt of §2; am L 2004, c 241, §7; am L 2005, c 206, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-114 Redemption centers.

§342G-114 Redemption centers.
(a) Prior to operation, redemption centers shall be certified by the department.
(b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department.
(c) The department, at any time, may review the certification of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the department, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw the certification of the center if it finds that there has not been compliance with applicable laws, rules, permit conditions, or certification requirements.
(d) Redemption centers shall:
(1) Accept all types of empty deposit beverage containers for which a deposit has been paid;
(2) Verify that all containers to be redeemed bear a valid Hawaii refund value;
(3) Pay to the redeemer the full refund value in either cash or a redeemable voucher for all deposit beverage containers, except as provided in section 342G-116;
(4) Ensure each deposit beverage container collected is recycled through a contractual agreement with an out-of-state recycler or an in-state recycling facility permitted by the department; provided that this paragraph shall not apply if the redemption center is operated by a recycler permitted by the department;
(5) Remain open at least thirty hours per week in high density population areas, of which at least five hours shall be on Saturday or Sunday; and
(6) Forward the documentation necessary to support claims for payment as stated in section 342G-119.
(e) Redemption centers' redemption areas shall be maintained in full compliance with applicable laws and with the orders and rules of the department, including permitting requirements, if deemed necessary, under chapter 342H.
(f) The department shall develop procedures to facilitate the exchange of information between deposit beverage container manufacturers, distributors, and retailers and certified redemption centers, including but not limited to universal product code information for reverse vending machine purposes. The procedures developed by the department shall allow for a reasonable time period between the introduction of a new deposit beverage product and the deadline for submitting universal product code information to certified redemption centers operating reverse vending machines. [L 2002, c 176, pt of §2; am L 2004, c 241, §8; am L 2005, c 227, §2; am L 2007, c 285, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-115 Reverse vending machine requirements.

§342G-115 Reverse vending machine requirements.
Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G-113. Reverse vending machines shall accept any type of empty deposit beverage container and pay out the full refund value in either cash or a redeemable voucher for those containers that bear a valid Hawaii refund value. If the reverse vending machine is unable to read the barcode then the reverse vending machine shall reject the container. The reverse vending machine shall be routinely serviced to ensure proper operation and continuous acceptance of empty deposit beverage containers and payment of the refund value. [L 2002, c 176, pt of §2; am L 2004, c 241, §9; am L 2005, c 206, §4; ree L 2007, c 285, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-116 Refusal of refund value payment for a deposit beverage container.

§342G-116 Refusal of refund value payment for a deposit beverage container.
Redemption centers shall refuse to pay the refund value on any broken, corroded, or dismembered deposit beverage container, or any deposit beverage container that:
(1) Contains a free-flowing liquid;
(2) Does not properly indicate a refund value;
(3) Contains a significant amount of foreign material; or
(4) Exhibits characteristics of having been previously processed and baled. [L 2002, c 176, pt of §2; am L 2005, c 206, §5; am L 2007, c 285, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-117 Handling fees and refund values for certified redemption centers.

§342G-117 Handling fees and refund values for certified redemption centers.
(a) The department shall pay to each certified redemption center a handling fee of not less than the prevailing deposit beverage container fee for each deposit beverage container redeemed by a consumer that is:
(1) Transported out-of-state;
(2) Received by an approved in-state company for an approved end use for recycling; or
(3) Received by a department-permitted recycling facility;
provided that the deposit beverage container is physically received by the redemption center.
(b) The department shall evaluate the handling fee at least once per year. If the department changes the amount of the handling fee, the department shall publish notice of the change within thirty days of its determination.
(c) The handling fee shall be paid in addition to the refund value of each empty deposit beverage container. Payments for handling fees shall be based on redemption center reports submitted to the department; provided that there is no discrepancy in the reports. The department may choose to pay the handling fee and refund value on the basis of the total weight of the containers received by material type and the average weight of each container type; provided that the deposit beverage container is physically received by the redemption center.
(d) A handling fee and refund value may only be paid once for each container redeemed by a consumer and claimed by a redemption center in accordance with section 342G-119. [L 2002, c 176, pt of §2; am L 2004, c 241, §10; am L 2007, c 285, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-119 Redemption center reporting.

§342G-119 Redemption center reporting.
The department shall pay certified redemption centers handling fees and refund values as described in section 342G-117, based on collection reports submitted by the redemption centers. All redemption centers shall submit to the department the following information on forms prescribed by the department, which information shall include at a minimum:
(1) The number or weight of deposit beverage containers of each material type accepted at the redemption center for the reporting period;
(2) The amount of refunds paid out by material type;
(3) The number or weight of deposit beverage containers of each material type transported out-of-state or to a permitted recycling facility; and
(4) Copies of out-of-state transport and weight receipts or acceptance receipts from permitted recycling facilities. If the redemption center and the recycling facility are the same entity, copies of out-of-state transport and weight receipts, or documentation of end use accepted by the department, shall also be included.
The requests for payment shall be no less than two times per month. [L 2002, c 176, pt of §2; am L 2004, c 241, §11; am L 2005, c 227, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-120 Recycling facility reporting.

§342G-120 Recycling facility reporting.
Recycling facilities, in addition to any requirements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. [L 2002, c 176, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-121 Audit authority.

§342G-121 Audit authority.
The records of the deposit beverage distributor, dealer, redemption center, and recycling facility shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the auditor. Any proprietary information obtained by them shall be kept confidential and shall not be disclosed to any other person, except:
(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or
(2) Under an order issued by a court or administrative agency hearings officer. [L 2002, c 176, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-121.5 Risk-based selection process; audit.

§342G-121.5 Risk-based selection process; audit.
(a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to audit certain deposit beverage distributor and redemption center reports, the department shall:
(1) Consider a variety of risk factors, including but not limited to the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits;
(2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point-of-sale reports, and other documentation as required by the department, to the deposit beverage container program; and
(3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to carrying out analytics and trend analyses to target certain deposit beverage distributors and redemption centers having unusual fluctuations.
(b) The department shall:
(1) Summarize the results of the deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure that the amounts that are being reported are accurate;
(2) Consider conducting follow-up audits; and
(3) Consider publicly announcing violations.
(c) All deposit beverage distributors shall:
(1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that the monthly or semi-annual distribution report forms contain accurate data and that adequate records are maintained; and
(2) Obtain independent audits for years ending in an odd number. [L 2022, c 12, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-122 Advisory committee.

§342G-122 Advisory committee.
The department shall convene an advisory committee to assist it in developing any rules needed to implement this chapter. The department shall select members of the committee so as to obtain input on the state level as well as assess the impact on each individual county, consumers, recyclers, and the beverage industry. Members of the committee shall be appointed by the director and shall serve at the director's pleasure. A simple majority of the committee members shall constitute a quorum for the purposes of recommending rules and providing input to the director. [L 2002, c 176, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-2 Administration.

§342H-2 Administration.
The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1989, c 212, pt of §4]
Cross References
Regulation of nondegradable solid waste, see § §339-21 to 339-24.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-2.5 Department of health; delegation of enforcement powers.

§342H-2.5 Department of health; delegation of enforcement powers.
The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested in the department to investigate alleged violations of section 342H-30(c).
[L 1994, c 210, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-3 Duties; rules; appointment of hearings officers.

§342H-3 Duties; rules; appointment of hearings officers.
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting solid waste. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.
(b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §4; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-6 Inspection of premises.

§342H-6 Inspection of premises.
The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, any permit or variance issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. 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 solid waste pollution shall be disclosed by the official or employee except as it relates directly to solid waste pollution 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 1989, c 212, pt of §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-8 Emergency powers; procedures.

§342H-8 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 the disposal of solid waste or any combination of discharges of other waste that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the disposal of solid waste or discharge of other waste to immediately reduce or stop the disposal or discharge, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §4; am L 1995, c 201, §3]
Cross References
Environmental response law, see chapter 128D.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-9 Penalties.

§342H-9 Penalties.
(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $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, place, or vehicle which the officer or employee is authorized to enter and inspect shall be fined not more than $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §4; am L 1991, c 157, §15; am L 1995, c 180, §21; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-10 Administrative penalties.

§342H-10 Administrative penalties.
(a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342H-9(a) and (b).
(b) Factors to be considered in imposing an administrative penalty include:
(1) The nature and history of the violation and of any prior violations;
(2) The economic benefit, if any, resulting from the violation;
(3) The opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply; and
(5) Any other matters that justice may require.
(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §4; am L 1995, c 180, §22]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-10.5 Disposition of collected fines and penalties. Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows: (1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and (2) One half to the environmental response revolving fund established in section 128D-2. [L 1991, c 157, §4; am L 1994, c 210, §4]

§342H-10.5
Disposition of collected fines and penalties.
Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:
(1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and
(2) One half to the environmental response revolving fund established in section 128D-2. [L 1991, c 157, §4; am L 1994, c 210, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-11 Injunctive and other relief.

§342H-11 Injunctive and other relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any 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 shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §4; am L 1995, c 180, §23; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-12 Appeal.

§342H-12 Appeal.
If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §4; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-13 Fees.

§342H-13 Fees.
The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund. [L 1989, c 212, pt of §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-14 Public records; confidential information; penalties.

§342H-14 Public records; confidential information; penalties.
Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department shall be made available for inspection by the public during established office hours unless such 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 342H-6 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 of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-15 Nonliability of department personnel.

§342H-15 Nonliability of department personnel.
Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342H-14. [L 1989, c 212, pt of §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-16 Other action not barred.

§342H-16 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 §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-18 Other powers of department not affected.

§342H-18 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 §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-19 Effect of laws, ordinances, and rules.

§342H-19 Effect of laws, ordinances, and rules.
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.
(b) Except as provided in section 342H-30(c), any county may adopt ordinances and rules governing any matter relating to solid waste management that is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to solid waste management shall be void and of no effect as to any matter regulated by a rule of the department upon its adoption. [L 1989, c 212, pt of §4; am L 1994, c 210, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-20 Priority in courts.

§342H-20 Priority in courts.
All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-21 Unauthorized removal of recyclable materials.

§342H-21
Unauthorized removal of recyclable materials.
No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials that have been segregated from solid waste and placed at designated collection sites for the purposes of collection and recycling. [L 1992, c 81, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-30 Prohibition; civil.

§342H-30 Prohibition; civil.
(a) No person, including any public body, shall engage in the operation of an open dump.
(b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director.
(c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. Each day of violation shall constitute a separate offense. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance. [L 1989, c 212, pt of §4; am L 1994, c 210, §6; am L 1997, c 268, §3; am L 1998, c 226, §2; am L 2004, c 143, §2 and c 145, §2; am L 2005, c 105, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-31 Rules; specific.

§342H-31 Rules; specific.
The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems. [L 1989, c 212, pt of §4; am L 1998, c 226, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-32 Plans and reports.

§342H-32 Plans and reports.
The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the form prescribed by the director. The plans or reports shall be made by a competent person acceptable to the director and at the expense of such applicant or owner. [L 1989, c 212, pt of §4; am L 1998, c 226, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-35 Research, educational, and training programs.

§342H-35 Research, educational, and training programs.
The director may:
(1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution associated with solid waste management systems;
(2) With the approval of the governor, cooperate with, and receive money from the federal government or any political subdivision of the State, or from private sources for the study and control of solid waste pollution; and
(3) Conduct and supervise state educational and training programs on solid waste management systems, including the preparation and distribution of information relating to solid waste pollution. [L 1989, c 212, pt of §4; am L 1998, c 226, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-36 Recycling for agricultural purposes; encouraged.

§342H-36
Recycling for agricultural purposes; encouraged.
The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and by-products for agricultural and horticultural purposes. The use of treated sludge effluent for fertilizer and other agricultural purposes shall also be encouraged. Composting of agricultural secondary organic resources under approved methods shall also be encouraged. [L 1989, c 212, pt of §4; am L 1993, c 281, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-36.5 Leaf blower debris.

§342H-36.5 Leaf blower debris.
(a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained.
(b) It shall be unlawful for any person to use or operate a leaf blower in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes.
(c) For purposes of this section:
"Leaf blower" shall have the same meaning as defined in section 342F-30.8.
"Parcel" means a legal lot of record. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. [L 2010, c 206, §2]