reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-24 Notification of contamination of underground sources of drinking water and other sources of public drinking water.

§340E-24 Notification of contamination of underground sources of drinking water and other sources of public drinking water.
(a) Suppliers of water shall notify the department by written communication of any previously undetected chemical contamination of any underground sources of drinking water or other sources of public drinking water supply within seven days of detecting the presence of a contaminant. The written communication shall contain information known to the supplier on the level of detection, location (including depth of the source), date, well construction, and analytical method used, including information on the precision, accuracy, and limit of detection of the method and any quality assurance and control procedures.
(b) The director shall notify the public through the media, and the affected water supplier by written communication, of the presence of any previously undetected chemical contaminant in underground sources of drinking water or in any public water supply within fourteen days of the development of reliable analytical data by the department of health laboratory or receipt of reliable analytical data indicating to the director that the contaminant has been detected by another laboratory. [L 1987, c 297, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-31 Definitions.

§340E-31 Definitions.
As used in this part, unless the context otherwise requires:
"American Recovery and Reinvestment Act of 2009" means the federal law, Public Law 111-5, making appropriations for various purposes, including job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization purposes.
"Drinking water fund" means the drinking water treatment revolving loan fund established by section 340E-35. [L 1997, c 218, pt of §2; am L 2009, c 98, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-34 Grants.

§340E-34 Grants.
(a) The director may make grants to public water systems from state funds as authorized and appropriated by the legislature for the construction of necessary water treatment works or other related drinking water projects. Grants shall not be made from the drinking water fund.
(b) The director shall coordinate the granting of state funds with available federal funds for the same purpose. Grants involving federal funds shall be consistent with federal law.
(c) The director may allocate grants to drinking water projects on the basis of existing health concerns. No grant shall be made for any project unless:
(1) The project conforms with the state grant plan to provide safe drinking water;
(2) The project is certified by the director as being entitled to priority over other eligible projects on the basis of financial as well as drinking water quality needs; and
(3) In the case of water treatment works, the applicant for the grant commits to maintain the water treatment plant efficiently and properly after its construction. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-35 Drinking water treatment revolving loan fund; establishment, purpose.

§340E-35 Drinking water treatment revolving loan fund; establishment, purpose.
There is established in the state treasury a fund to be known as the drinking water treatment revolving loan fund to be administered by the director. The fund shall be administered, operated, and maintained to remain available in perpetuity to provide loans and other financial assistance to eligible public water systems for projects or activities eligible under this part and the Federal Act. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-36 Drinking water fund; uses and limitations; types of assistance.

§340E-36 Drinking water fund; uses and limitations; types of assistance.
(a) Moneys in the drinking water fund may be used only as allowed and limited by sections 1452(a)(2) and (3), 1452(d), and 1452(k)(1) and (2) of the Federal Act and this part. Such uses include loans and other financial assistance for facilitating compliance with applicable national primary drinking water regulations or otherwise significantly furthering the health protection objectives of the Federal Act.
(b) Moneys in the drinking water fund may be used only:
(1) To provide, make, and condition loans;
(2) To buy or refinance debt obligations of a municipality, as defined by the Federal Act, at or below market interest rates if the debt obligation is incurred after July 1, 1993;
(3) To guarantee or purchase or provide insurance for a public water system obligation if such action would improve credit market access or reduce interest rates applicable to the obligation;
(4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of the bonds will be deposited into the drinking water fund;
(5) To earn interest on the amounts deposited into the drinking water fund; and
(6) To provide interest rate subsidies by depositing revolving fund moneys into interest bearing accounts in participating financial institutions that issue loans for the implementation of eligible projects under section 340E-35.
(c) Five per cent of the moneys in the drinking water fund shall be set aside for use in the geographic areas of the State serviced by water catchment systems for the purposes identified in subsection (b); provided, if no such area qualifies for use of the moneys in the drinking water fund, the moneys shall no longer be set aside and revert back as unrestricted moneys to the fund. [L 1997, c 218, pt of §2; am L 2002, c 132, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-37 Drinking water fund; conditions.

§340E-37 Drinking water fund; conditions.
(a) No loan or other financial assistance shall be made from the drinking water fund for any project unless:
(1) The project conforms with the state intended use plan to provide safe drinking water which meets section 1452 of the Federal Act;
(2) The project is certified by the director as being entitled to priority over other eligible projects on the basis of financial as well as drinking water quality needs; and
(3) In the case of water treatment works, the applicant for the loan or other financial assistance commits to maintain the water treatment works efficiently and properly after its construction.
(b) Except for subsidies to disadvantaged communities made consistently with section 1452(d) of the Federal Act, all loans from the drinking water fund shall:
(1) Be made at or below market interest rates, including interest free loans;
(2) Require payments of principal and interest with repayment commencing not later than one year after completion of the project for which the loan is made, and be fully amortized not later than twenty years after project completion, except that for disadvantaged communities an extended repayment term may be provided as allowed by the Federal Act;
(3) Require the recipient of the loan to establish a dedicated source of revenue (or in the case of a privately owned system, demonstrate that there is adequate security) for the repayment of the loans. For a county, the dedicated source may be a pledge of the county's full faith and credit (a general obligation payable from its general fund), of special assessments, of revenues from an undertaking, system or improvements, including user charges, or of any other source of revenue; and
(4) Be repaid, both principal and any interest, to the credit of the drinking water fund. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-38 Drinking water fund; deposits.

§340E-38
Drinking water fund; deposits.
The following may be deposited into the drinking water fund:
(1) Federal capitalization grant funds and other federal grants, loans, or appropriations;
(2) Appropriations by the legislature to the drinking water fund;
(3) Payments of principal and interest, matching funds, and other amounts made by public water systems under loans or other agreements entered into with the director under this part;
(4) Fees for loans and other items;
(5) Moneys paid to the drinking water fund as a result of court-ordered awards of judgments;
(6) Moneys paid to the drinking water fund in court-approved or out-of-court settlements;
(7) All interest attributable to investment of moneys deposited in the drinking water fund; and
(8) All moneys allotted or directed to the drinking water fund from other sources. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-39 Drinking water fund; fees.

§340E-39 Drinking water fund; fees.
(a) If established, fees shall cover the costs of current activities, including the issuance of loans and other financial assistance, monitoring of loans and other financial assistance repayments and conditions, technical review of the planning and design documents, monitoring of construction activities, conducting operation and maintenance inspections of drinking water facilities, and activities of the drinking water fund under the Federal Act and shall be used exclusively to support the activities of the drinking water fund.
(b) All moneys collected as fees shall be deposited into an administrative expense account or accounts as needed to comply with the Federal Act and shall be used exclusively to support the activities of the drinking water fund. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-40 Drinking water fund; interest and investment on accounts.

§340E-40 Drinking water fund; interest and investment on accounts.
Moneys in the drinking water fund shall be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed. All interest accruing from the investment of these moneys shall be credited to the drinking water fund. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-41 Compliance.

§340E-41 Compliance.
The failure or inability of any public water system to receive funds under this part or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the public water system to comply in a timely manner with all applicable requirements of this chapter or rules adopted under this chapter. [L 1997, c 218, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-1 Definitions.

§340F-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Association of boards of certification for operating personnel in water and wastewater utilities" means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs.
"Board" means the board of certification established by section 340F-4.
"Director" means the director of health.
"Operator" means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system.
"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity.
"Public water system" has the same meaning as in section 340E-1.
"Supervisor" means, where shift operation is not required, any individual who has direct responsibility for the operation of a public water system or who supervises operators of such a system. Where shift operation is required, "supervisor" means any individual who has direct responsibility for active daily onsite technical and administrative supervision, and active daily onsite charge of an operating shift, or a major segment of a public water system. [L 1991, c 273, pt of §1; am L 2000, c 196, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-2 Classification.

§340F-2 Classification.
The board shall classify all public water systems, water treatment plants, and distribution systems, and shall define the terms "water treatment plant" and "distribution system". The classifications shall take due regard to size, complexity, and type of the water treatment facility or distribution system, character of water to be treated or distributed, and other physical conditions affecting such water treatment plants and distribution systems, and the skill, knowledge, and experience required of an operator. [L 1991, c 273, pt of §1; am L 2000, c 196, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-3 Certification.

§340F-3 Certification.
(a) Upon board approval the director shall issue certificates entitling qualified individuals to operate water treatment plants or distribution systems, or both. Each certificate shall indicate the class of water treatment plant or distribution system for which the individual is qualified.
(b) The director shall issue a certificate to each applicant who on June 30, 1991, has completed at least one year of satisfactory performance in the operation of a water treatment plant. This certificate shall be valid until January 1, 1994, or until a certification program has been established by the director. [L 1991, c 273, pt of §1; am L 2000, c 196, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-4 Board of certification.

§340F-4 Board of certification.
(a) A state board of certification of five members shall be appointed by the governor to carry out this chapter. The board shall be placed, for administrative purposes, in the department of health. The board shall consist of the following:
(1) Four individuals who shall be duly qualified in the fields of sanitary engineering or public water system operation; and
(2) One individual from the state agency responsible for the State's safe drinking water program.
(b) The foregoing members shall serve for four-year terms except that of the initial appointments, one shall be for one year, one shall be for two years, one shall be for three years, and two shall be for four years.
(c) The members of the board shall meet for an organizational meeting at the call of the director, within forty-five days of their appointment and thereafter at least twice a year at such time and place as may be provided by rules and regulations adopted by them. The members of the board shall annually elect one of the board members to serve as chairperson. Additional meetings may be called by the chairperson as deemed necessary. Notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting.
(d) The governor shall fill any vacancy in the board and may remove any member for cause.
(e) Board members shall be reimbursed for expenses incurred in the performance of their duties. [L 1991, c 273, pt of §1; am L 2000, c 196, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-5 Association of certification authorities.

§340F-5
Association of certification authorities.
The board may, when taking action pursuant to sections 340F-2, 340F-3, and 340F-7, consider generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1991, c 273, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-6 Certification requirement.

§340F-6 Certification requirement.
All classified water treatment plants whether publicly or privately owned, used, or intended for use by the public or private persons, shall at all times be under the direct supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the water treatment plant to be supervised. All classified distribution systems, whether publicly or privately owned, used, or intended for use by the public or private persons, shall at all times be under the supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the distribution system to be supervised. [L 1991, c 273, pt of §1; am L 2000, c 196, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-7 Rules.

§340F-7
Rules.
The board shall adopt rules as may be necessary for the administration of this chapter, which shall include at least the following provisions:
(1) The basis for classification of water treatment plants and distribution systems as required by section 340F-2;
(2) Criteria for the qualification of applicants for operator certification corresponding to each of the classifications referred to in paragraph (1);
(3) Procedures for examination of candidates and renewal of certificates; and
(4) Procedures for the revocation of certificates. [L 1991, c 273, pt of §1; am L 2000, c 196, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-8 Prohibited acts.

§340F-8 Prohibited acts.
It shall be unlawful:
(1) For any public water system, or major segment of a public water system such as a water treatment plant or distribution system, to be operated unless the operator is duly certified under this chapter; and
(2) For any individual to perform the duties of an operator without being duly certified under this chapter. [L 1991, c 273, pt of §1; am L 2000, c 196, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-9 Injunctions and civil penalty.

§340F-9
Injunctions and civil penalty.
Any person who violates any provision of this chapter, or any rules, regulations, criterion, procedure, or certificate issued hereunder may, in a legal action commenced by the board;
(1) Be enjoined from continuing such violation; and
(2) Be subject to a civil penalty of not more than $25,000 a day for each day of continuing violation. [L 1991, c 273, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-10 Criminal penalties.

§340F-10
Criminal penalties.
Any individual who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, shall be guilty of a misdemeanor. [L 1991, c 273, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-11 Powers and duties of the board.

§340F-11 Powers and duties of the board.
To carry out the provisions and purposes of this chapter, the board shall:
(1) Perform any and all acts and adopt, amend, or repeal such rules and regulations as it finds necessary or appropriate;
(2) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as deemed appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals;
(3) Receive financial and technical assistance from the federal government and other public or private agencies;
(4) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(5) Furnish upon request to federal, state or interstate agencies, municipalities, educational institutions and other organizations and individuals, reports, information and materials relating to the certification program authorized by this chapter;
(6) Revoke, suspend, or refuse to renew any certificate of any individual following a hearing before the board of the individual or the individual's designated representative, when it is determined that the individual has practiced fraud or deception; that reasonable care, judgment, or the application of the individual's knowledge or ability was not used in the performance of the individual's duties; or that the individual is incompetent or unable to properly perform the individual's duties; provided that the board gives the person concerned notice and hearing in conformity with chapter 91;
(7) Delegate those duties and responsibilities the board may deem appropriate for the purpose of administering requirements of this chapter;
(8) Establish and collect such fees for application, conduct examinations, issue or renew certificates as are necessary for the support of this chapter, and deposit all fees collected into the State's general fund; and
(9) Oversee the development and implementation of a continuous training program if that is necessary to carry out this chapter. [L 1991, c 273, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340F. Hawaii Law for Mandatory Certification of Public Water System Operators › 340F-12 Reciprocity.

§340F-12
Reciprocity.
(a) On or after June 17, 1991, certification of operators by any state which, as determined by the board, accepts certifications made or certification requirements deemed satisfactory pursuant to this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the board the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations adopted hereunder and providing further that reciprocal privileges are granted to certified operators of this State.
(b) In making determinations pursuant to subsection (a) of this section, the board may consider any generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1991, c 273, pt of §1]
Revision Note
"June 17, 1991" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 341. Environmental Quality Control › 341-1 Findings and purpose.

§341-1 Findings and purpose.
The legislature finds that the quality of the environment is as important to the welfare of the people of Hawaii as is the economy of the State. The legislature further finds that the determination of an optimum balance between economic development and environmental quality deserves the most thoughtful consideration, and that the maintenance of the optimum quality of the environment deserves the most intensive care.
The purpose of this chapter is to stimulate, expand and coordinate efforts to determine and maintain the optimum quality of the environment of the State. [L 1970, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 341. Environmental Quality Control › 341-2 Definitions.

§341-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Council" means the environmental advisory council established in this chapter.
"Director" means the director of the office of planning and sustainable development.
"Office" means the office of planning and sustainable development. [L 1970, c 132, pt of §1; am L 2006, c 75, §12; am L 2021, c 152, §10 and c 153, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 341. Environmental Quality Control › 341-5.5 Environmental advisory council; established; quorum; number of votes necessary to validate acts.

§341-5.5 Environmental advisory council; established; quorum; number of votes necessary to validate acts.
(a) There is created an environmental advisory council not to exceed fifteen members. Members of the environmental advisory council shall be appointed by the governor as provided in section 26-34. The environmental advisory council shall be established within the office of planning and sustainable development for administrative purposes. The term of each member shall be four years. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments. The environmental advisory council chairperson shall be elected by the council from among the appointed members of the council.
(b) A majority of all of the members currently appointed to the environmental advisory council shall constitute a quorum to do business, and the concurrence of a majority of all of the members currently appointed to the environmental advisory council shall be necessary to make any action of the council valid.
(c) Members shall be appointed to ensure a broad and balanced representation of educational, business, and environmentally pertinent disciplines and professions, such as the natural and social sciences, the humanities, architecture, engineering, environmental consulting, public health, and planning; educational and research institutions with environmental competence; agriculture, real estate, visitor industry, construction, and media; and voluntary community and environmental groups. The members of the environmental advisory council shall serve without compensation but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the discharge of their duties. [L 2021, c 152, §2; am L 2021, c 153, §9; am L 2022, c 186, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 341. Environmental Quality Control › 341-6 Functions of the environmental advisory council.

§341-6 Functions of the environmental advisory council.
The environmental advisory council shall serve as a liaison between the office of planning and sustainable development and the general public by soliciting information, opinions, complaints, recommendations, and advice concerning ecology and environmental quality through public hearings or any other means and by publicizing such matters as requested by the director. The environmental advisory council may make recommendations concerning ecology and environmental quality to the office of planning and sustainable development and shall meet at the call of the council chairperson or the director of the office of planning and sustainable development upon notifying the council chairperson. The environmental advisory council shall monitor the progress of state, county, and federal agencies in achieving the State's environmental goals and policies and shall submit its report and recommendations for improvements concerning ecology and environmental quality to the office of planning and sustainable development, which shall include the report and recommendations in its annual report to the legislature. All state and county agencies shall cooperate with the council by responding to its requests for information. [L 1970, c 132, pt of §1; am L 1974, c 248, §1; am L 1983, c 140, §2; am L 2021, c 152, §11 and c 153, §9; am L 2023, c 24, §2]
Law Journals and Reviews
Determining the Expiration Date of an Environmental Impact Statement: When to Supplement a Stale EIS in Hawai`i. 35 UH L. Rev. 249 (2013).
2023 Hawaii Revised Statutes › Title 19. Health › 342. Environmental Quality--Repealed

REPEALED.
L 1989, c 212, §8.
Note
L 1989, c 77, §4 and c 281, §2 and L 1990, c 316, §3 purport to amend §342-11 and L 1989, c 161, §2 purports to amend §342-34.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-2 Administration.

§342B-2 Administration.
The department shall administer this chapter through the director. The director may delegate to any person the 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 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-3 General functions, duties, and powers of the director.

§342B-3 General functions, duties, and powers of the director.
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate air pollution and the emission of air pollutants in the State.
(b) In the discharge of the duty described in subsection (a) the director may adopt, amend, and repeal state rules controlling and prohibiting air pollution and the release of air pollutants or as otherwise necessary for the purposes of this chapter.
(c) In addition to other specific powers provided in this chapter, the director may appoint, without regard to chapter 76, hearings officers to conduct contested case hearings and public participation activities, including public hearings and public informational meetings. [L 1992, c 240, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-4 Other powers of department and director not affected.

§342B-4 Other powers of department and director not affected.
The powers, duties, and functions vested in the department and director under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department and director under any other law. Rules shall be adopted pursuant to chapter 91. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-5 Effect of laws, ordinances, and rules.

§342B-5 Effect of laws, ordinances, and rules.
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.
(b) Any county may adopt ordinances and rules governing any matter relating to air pollutant and air pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to air pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-5.5 Exemptions.

§342B-5.5 Exemptions.
The hydrogen sulfide standard adopted pursuant to this chapter shall not apply to waste ponds, waste piles, crops, feed, animals, or manure incident to agricultural operations necessary for the raising of animals or the growing or processing of crops. [L 1993, c 208, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-7 Annual reports.

§342B-7
Annual reports.
The department shall compile an annual report summarizing:
(1) Air quality data from all air quality monitoring stations;
(2) Annual criteria pollutant emissions;
(3) Annual air toxic emissions; and
(4) All completed or issued enforcement actions. [L 1992, c 240, pt of §1; am L 1993, c 208, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-12 Specific powers of the director.

§342B-12 Specific powers of the director.
The director may:
(1) Establish ambient air quality standards for the State as a whole or for any part thereof;
(2) Establish and administer any permit program;
(3) Establish by rule the control of open burning, fugitive dust, and visible emissions;
(4) Establish by rule the control of vehicular smoke emission and require the installation, use, and proper operation and maintenance of air pollution control equipment for motor vehicles;
(5) Establish and administer a program of inspection and testing of all modes of transportation except aircraft, to enforce compliance with applicable emission limitations when necessary and practicable, and to control or limit the operation of motor vehicular and other modes of transportation when the director finds pursuant to standards established by rules such modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is necessary to meet applicable ambient air quality standards;
(6) Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;
(7) Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;
(8) Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;
(9) Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and
(10) Establish rules allowing for environmental permit shields. [L 1992, c 240, pt of §1; am L 1994, c 268, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-13 Public participation.

§342B-13 Public participation.
(a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows:
(1) The director shall make available for public inspection in at least one location in the county affected by the proposed action, or in which the source is or would be located:
(A) Information on the subject matter;
(B) All information submitted by the applicant, except for that deemed confidential;
(C) The department's analysis and proposed action; and
(D) Other information and documents deemed appropriate by the department;
(2) The director shall notify the public of the availability of information listed in paragraph (1). Public notification shall be given once in the county affected by the proposed action, or in which the source is or would be located. The director shall also post this notice on the department's web site in an easily-located manner;
(3) Public notice shall be mailed to any person, group, or agency upon request;
(4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit written comments on the subject matter, application, department's analysis and proposed actions, and other appropriate considerations. The period for comment may be extended at the discretion of the director; and
(5) The director, at the director's sole discretion, may hold a public hearing if the public hearing would aid in the director's decision. Any person may request a public hearing. The request shall be in writing and shall be filed within the thirty-day comment period prescribed in paragraph (4) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The director shall give the public notice for a hearing in accordance with paragraph (2) at least thirty days in advance of the hearing date and shall conduct the hearing in the county which would be affected by the proposed action, or in which the source is or would be located.
(b) All rules shall be adopted, amended, and repealed pursuant to chapter 91. The director shall provide written notice to any person, who submitted comments during the comment period or presented testimony during the public hearing, of the final action taken by the department with respect to the rules.
(c) The director shall hold a public hearing when revising the state implementation plan required by the Clean Air Act, and the amendments thereto, and the regulations promulgated thereunder. [L 1992, c 240, pt of §1; am L 1993, c 208, §4; am L 1998, c 2, §87; am L 2000, c 150, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-15 Complaints; hearings; appointment of masters.

§342B-15 Complaints; hearings; appointment of masters.
The director may:
(1) Receive or initiate complaints on air pollution, hold hearings in connection with air pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of air pollution; and
(2) Appoint a master or masters to conduct investigations and hearings. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-16 Research, educational, and training programs.

§342B-16 Research, educational, and training programs.
The director may:
(1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of air pollution;
(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 air pollution; and
(3) Conduct and supervise statewide educational and training programs on air pollution prevention, control, and abatement, including the preparation and distribution of information relating to air pollution. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-17 Air quality modelers.

§342B-17 Air quality modelers.
The department may establish permanent exempt positions known as air quality modelers for the purpose of assessing the impact of air releases. The positions shall be appointed by the director without regard to chapter 76. The funds for these positions shall come from the clean air special fund established in section 342B-32.
[L 1997, c 146, §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-18 Annual reports to neighboring communities.

[ §342B-18] Annual reports to neighboring communities.
(a) Every owner or operator of a major source within Campbell Industrial Park or Kahe Valley or every owner or operator of a geothermal facility that emits criteria air pollutants in excess of one hundred tons per year shall submit an annual report to the department within sixty days of the beginning of each year, which shall describe the following:
(1) The type and quantity of criteria pollutants emitted by the facility during the previous year;
(2) A description of controls, operating procedures, or other measures being used by the owner or operator to control emissions of these criteria pollutants.
(b) The department shall review and evaluate the information submitted under subsection (a) and produce a report. The department shall include the following information in the reports:
(1) A summary of the ambient air quality data collected for each criteria pollutant monitored;
(2) A comparison of the monitoring data collected against state and federal ambient air quality standards;
(3) Impacts of the monitored criteria pollutants' adverse effects on human health and the environment; and
(4) A report on air quality trends over a five-year period.
(c) The department shall distribute the reports described in this section on a monthly basis to adjacent neighborhood boards or community associations, or both.
[L 1997, c 146, §7]
Revision Note
Subsection (b) redesignated pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-19 Unpermitted releases; timely notice.

§342B-19 Unpermitted releases; timely notice.
The department shall review the reports submitted by every owner or operator of a geothermal facility, or major source within Campbell Industrial Park or Kahe Valley, of their unpermitted releases to determine whether the release may have an adverse impact on human health. The department shall notify the neighborhood boards or community associations, or both, of the adjacent communities of unpermitted releases which may have an adverse impact on human health as soon as circumstances warrant. [L 1997, c 146, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-21 Specific functions, duties, and powers of the director.

§342B-21 Specific functions, duties, and powers of the director.
The director shall have the functions, duties, and power to:
(1) Issue permits for a fixed term not to exceed five years;
(2) Ensure compliance by all sources required to have a permit with each applicable standard, regulation, or requirement provided by federal or state statutes or rules;
(3) Ensure that, upon issuance or renewal, permits incorporate emission limitations and other requirements in an applicable state implementation plan;
(4) Terminate, modify, or revoke and reissue permits for cause;
(5) Enforce permits, permit fee requirements, and the requirement to obtain a permit including the recovery of civil penalties;
(6) Ensure that permits in effect during the establishment and implementation of this new permit program will continue in effect until the permittee has applied for and obtained a permit under the new program; and
(7) Issue permits with environmental permit shields pursuant to such rules as the director may adopt. [L 1992, c 240, pt of §1; am L 1994, c 268, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-22 Permit and permit renewal; requirements.

§342B-22 Permit and permit renewal; requirements.
(a)
The owner or operator of a covered source shall obtain a permit from the department. The director may exempt any nonmajor category of covered sources from the permit obligation for a period of five years after the effective date of the rules establishing the permit program.
(b) Within twelve months after the effective date of the rules establishing the permit program, the owner or operator of a covered source shall submit to the department an application for a permit and a compliance plan.
(c) No person shall begin construction, modification, or relocation of any covered source without first obtaining a permit from the director.
(d) The director may require any person who owns, operates, or desires to construct, modify, or relocate a source other than a covered source to obtain a permit prior to the construction, modification, relocation, operation, or continued operation.
(e) Permits being renewed shall be subject to the same procedural requirements that apply to initial permit issuance, including the procedure of federal oversight and public participation.
(f) Permit expiration terminates the source's right to operate unless a timely and complete renewal application is submitted to the department and provided the owner or operator acts consistently with the permit previously granted, the application on which it was granted, and all plans, specifications, and other information submitted as a part thereof. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-23 Application for permit.

§342B-23 Application for permit.
(a) An application for a permit required pursuant to this chapter shall be in the form prescribed by the director and for existing sources shall also be accompanied by a compliance plan.
(b) The department may require that permit applications be accompanied by other plans, specifications, meteorological monitoring data, ambient air quality monitoring data, and best available control technology analysis, and any other information necessary to identify the source, the air emissions, and the air quality impacts and to determine whether the proposed installation, modification, or operation will be in accord with applicable rules and standards. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-24 Action on a permit application.

§342B-24 Action on a permit application.
(a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give the applicant written notice of incompleteness outlining additional information requirements.
(b) The department shall take final action on each permit application within eighteen months after the application is determined or deemed to be complete, except that in each of the first three years of the permit program the department need only act on one third of the permit applications submitted during the first year of the permit program. The department may prioritize final action on applications for construction or modification.
(c) Each application for a covered source shall be subject to federal oversight.
(d) For each application for a covered source permit the director shall provide public notice, including the method by which a public hearing can be requested, and an opportunity for public comments in accordance with section 342B-13. [L 1992, c 240, pt of §1; am L 1993, c 208, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-25 Approval of permit.

§342B-25 Approval of permit.
(a) The director shall issue a permit for any term not exceeding five years if it is determined that the source will comply with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.
(b) The permit may be subject to such reasonable conditions as the director may prescribe, including emission limitations or other conditions to assure compliance with all hazardous air pollutant maximum achievable control technology standards or rules adopted pursuant to this chapter.
(c) The director, on application, shall renew a permit for a term not exceeding five years, if it is determined that the source complies with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.
(d) The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.
(e) The director shall not issue a permit for a covered source if the administrator timely objects to its issuance. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-26 General and temporary permits; single permit.

§342B-26 General and temporary permits; single permit.
(a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 342B-13, may issue a general permit covering numerous similar sources. The owner of any source covered by a general permit must apply to the department for use of the general permit.
(b) The director may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. No permit shall be issued unless it is assured that the source at all authorized locations will be or is in compliance with all requirements pursuant to this chapter and the rules and standards adopted pursuant to this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §6]