reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-37 Felony disposal of solid waste.

§342H-37 Felony disposal of solid waste.
(a) A person commits the offense of felony disposal of solid waste if the person:
(1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;
(2) After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges 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 written approval of the director; or
(3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.
(b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.
(c) Felony disposal of solid waste is a class C felony for which a fine of no more than $50,000 for each separate offense may be imposed. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A. [L 2004, c 143, pt of §1; am L 2005, c 105, §3; am L 2023, c 201, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-38 Felony disposal of solid waste; deferred prosecution agreement.

§342H-38 Felony disposal of solid waste; deferred prosecution agreement.
First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all of the terms of a deferred prosecution agreement shall be subject to prosecution under this section.
For the purposes of this section, a deferred prosecution agreement shall mean an agreement offered by the prosecutor, in the prosecutor's discretion, to the person cited that would defer prosecution during the statute of limitations period, subject to renewed prosecution if the defendant violates the conditions of the agreement. The agreement, if one is offered, shall contain provisions reasonably calculated to deter future violations. No person shall be offered a deferred prosecution agreement under this section more than once. If all terms of the agreement are met, all records of the person's arrest, indictment, or plea shall be cleared. Entering into a deferred prosecution agreement shall not be considered an admission of guilt. [L 2004, c 143, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-39 Petty misdemeanor disposal of solid waste.

§342H-39 Petty misdemeanor disposal of solid waste.
(a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director.
(b) Petty misdemeanor disposal of solid waste is punishable by:
(1) A fine of no more than $25,000 for each separate offense;
(2) Imprisonment of no more than thirty days for each separate offense; or
(3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.
Each day of violation shall constitute a separate offense. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A.
(c) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.
(d) This section shall not apply to solid waste consisting solely of green waste. For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof. [L 2005, c 105, §1; am L 2023, c 201, §2]
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-41 Definitions.

§342H-41 Definitions.
As used in this part, unless the context otherwise requires:
"Label" means a molded imprint or raised symbol on or near the bottom of a plastic product.
"Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
"Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
"Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons. [L 1990, c 318, pt of §1]
Revision Note
"Part" substituted for "chapter".
Cross References
Plastic connecting devices prohibition, see §339-22.
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-42 Prohibition.

§342H-42 Prohibition.
On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid plastic container unless the product has a label indicating the plastic resin used to produce the plastic bottle or rigid plastic container. The label shall consist of a number placed within a triangle of arrows and letters placed below the triangle. The triangle shall be equilateral, formed by three arrows curved at their midpoints and depicting a clockwise path around the code number. The numbers and letters used shall be as follows:
(1) For polyethylene terephthalate, the letters "PETE" and the number 1;
(2) For high density polyethylene, the letters "HDPE" and the number 2;
(3) For vinyl, the letter "V" and the number 3;
(4) For low density polyethylene, the letters "LDPE" and the number 4;
(5) For polypropylene, the letters "PP" and the number 5;
(6) For polystyrene, the letters "PS" and the number 6; and
(7) For any other, the letters "OTHER" and the number 7. [L 1990, c 318, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-51 Definitions.

§342H-51 Definitions.
Unless otherwise explicitly stated, the definitions provided in section 342H-1 shall control the meaning of the terms used in this part. As used in this part, unless the context otherwise requires:
"Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
"Existing municipal solid waste landfill unit" means any municipal solid waste landfill unit that is receiving solid waste on October 9, 1993.
"Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.
"Household waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
"Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from electric power generation, water treatment, and the manufacture of the following products: fertilizers and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel; leather and leather products; nonferrous metals; organic chemicals; plastics and resins; pulp and paper products; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles; and transportation equipment. This term does not include mining waste or oil and gas waste.
"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit.
"Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household waste and is not a land application unit, surface impoundment, injection well, or waste pile. A municipal solid waste landfill unit also may receive other types of waste regulated under Subtitle D of RCRA, such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion.
"New municipal solid waste landfill unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993.
"Operator" means the person responsible for the overall operation of a facility or part of a facility.
"Owner" means the person who owns a facility or part of a facility.
"RCRA" means the federal Resource Conservation and Recovery Act, as amended, 42 United States Code, § §6901 to 6991i. [L 1992, c 245, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-52 Prohibitions; buffer zones.

§342H-52 Prohibitions; buffer zones.
(a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.
(b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.
For the purposes of this subsection:
"Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.
"Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers. [L 1992, c 245, pt of §1; am L 2020, c 73, §2; am L 2022, c 9, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-53 Applicability and requirements.

§342H-53
Applicability and requirements.
(a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991.
(b) Municipal solid waste landfill units that receive waste after October 9, 1991, but stop receiving waste before October 9, 1993, are exempt from the requirements of this part except the final cover requirement prescribed by rules adopted pursuant to this part. The final cover shall be installed within six months of the last receipt of wastes. Owners and operators of municipal solid waste landfill units subject to this subsection that fail to complete cover installation within six months from the date of the last receipt of wastes shall be subject to all the requirements of this part, and rules adopted pursuant to this part, subject to such exemptions as may be provided by those rules.
(c) The provisions of this part apply to owners and operators of new municipal solid waste landfill units, existing municipal solid waste landfill units, and lateral expansions, except as otherwise provided in this part or otherwise exempted by rules adopted pursuant to this part.
(d) Following closure of a municipal solid waste landfill unit, or a component of a municipal solid waste landfill unit, the owner or operator of the unit shall conduct post-closure care for a period of thirty years. The director may increase the length of the post-closure care period if the director determines that the lengthened period is necessary to protect human health and the environment. The director may decrease the length of the post-closure care period if the owner or operator of the closed municipal solid waste landfill unit demonstrates to the satisfaction of the director that the reduced period is sufficient to protect human health and the environment.
(e) Owners and operators of municipal solid waste landfill units that receive waste on or after October 9, 1993, shall comply with the financial assurance criteria that the director shall establish by rules adopted pursuant to this part. Such rules shall be effective no later than April 9, 1994.
(f) Municipal solid waste landfill units containing sewage sludge shall comply with the provisions of this part and the rules adopted pursuant to this part.
(g) In addition to compliance with the provisions of this part and rules adopted pursuant to this part, owners and operators of a municipal solid waste landfill unit shall comply with any other applicable state and federal law. [L 1992, c 245, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-54 Public participation.

§342H-54
Public participation.
The director may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective action remedies, and related matters. Such rules may require applicants and permittees to be responsible for the publication of notices, making documents and relevant information available to the public for public review and comment and conducting public hearings. The rules may also include public participation provisions similar to any promulgated by the United States Environmental Protection Agency for municipal solid waste landfill permit programs. Public notices shall be given of the director's final determination on permit applications, renewals, modifications, and selection of corrective action remedies. A public hearing may be held before the director rules on a permit application, renewal, modification, or selection of corrective action remedies if the director determines that a public hearing would be in the public interest. [L 1992, c 245, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-55 Rules; specific.

§342H-55
Rules; specific.
The director may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care of municipal solid waste landfill units. In addition, the director may establish by rule assessment monitoring, ground-water monitoring, ground-water protection, landfill gas monitoring, landfill gas collection, detection monitoring, corrective measure, remedial action, preventive action, response action, manifest, recordkeeping, notification, public meeting, deed notation, and financial assurance requirements, standards, or criteria for municipal solid waste landfill units. [L 1992, c 245, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342H. Solid Waste Pollution › 342H-56 Other powers.

§342H-56
Other powers.
In addition to any other power or duty prescribed by law or this part, the director may establish by rule a municipal solid waste landfill program that meets or exceeds the standards, criteria, and requirements set forth in the federal municipal solid waste landfill regulations, 40 C.F.R. Part 258. [L 1992, c 245, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-1 Lead acid batteries; disposal prohibited.

Note
Part heading added by revisor.
In this part, "part" substituted for "chapter".
§342I-1 Lead acid batteries; disposal prohibited.
(a) No person may:
(1) Place a used lead acid battery in mixed municipal solid waste; or
(2) Discard or otherwise dispose of a lead acid battery, except by delivery to:
(A) A lead acid battery retailer or wholesaler;
(B) A collection or recycling facility permitted under chapter 342H; or
(C) A secondary lead smelter permitted by the United States Environmental Protection Agency.
(b) No lead acid battery retailer or wholesaler, or authorized collection or recycling facility, shall accept for disposal any lead acid batteries that have had their electrolyte removed, unless cracks in the battery shell due to aging or accident are in evidence to indicate passive leaking of the electrolyte. [L 1989, c 281, pt of §1; am L 1991, c 201, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-1.5 Disposal of electrolyte; prohibited. No person shall dispose of electrolyte from any used lead acid battery onto the ground or into sewers, drainage systems, surface or ground waters, or ocean waters. [L 1991, c 201, pt of §1]

§342I-1.5
Disposal of electrolyte; prohibited.
No person shall dispose of electrolyte from any used lead acid battery onto the ground or into sewers, drainage systems, surface or ground waters, or ocean waters. [L 1991, c 201, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-2 Lead acid batteries; collection for recycling.

§342I-2 Lead acid batteries; collection for recycling.
A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the State shall:
(1) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers; and
(2) Post written notice that shall be at least five inches by seven inches in size and shall contain the universal recycling symbol and the following language:
(A) "It is illegal to discard a motor vehicle battery or other lead acid battery";
(B) "Recycle your used batteries";
(C) "State law requires us to accept used motor vehicle batteries or other lead acid batteries for recycling, in exchange for new batteries purchased"; and
(D) "The price of a new battery includes disposal of your old battery".
(3) Any advertising pertaining to the price of lead acid batteries shall include the statement "The price includes disposal of your old battery".
(4) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of the battery includes disposal of your old battery" may be substituted. [L 1989, c 281, pt of §1; am L 1993, c 244, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-2.5 Recycling.

§342I-2.5 Recycling.
Any person accepting lead acid batteries for disposal shall:
(1) Transport the lead acid batteries, with the liquid electrolyte intact, to a transfer facility; provided that the facility is in compliance with the accumulation provisions of section 342I-4;
(2) Transport the lead acid batteries, with the liquid electrolyte intact, to a secondary lead smelter permitted by the United States Environmental Protection Agency; or
(3) Have the liquid electrolyte neutralized at a facility that is permitted pursuant to chapter 342H; provided that once the liquid electrolyte is neutralized in accordance with the permit issued pursuant to chapter 342H, the batteries may be transported to any secondary lead smelter. [L 1991, c 201, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-3 Inspection of lead acid battery facilities.

§342I-3 Inspection of lead acid battery facilities.
The department of health shall produce, print, and distribute the notices required by section 342I-2 to all places where lead acid batteries are offered for sale at retail. In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirement of this part. [L 1989, c 281, pt of §1; am L 1991, c 201, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-4 Lead acid battery wholesalers.

§342I-4 Lead acid battery wholesalers.
Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers. Except as otherwise provided at the discretion of the director, a person accepting batteries in transfer from an automotive battery retailer shall be allowed a period not to exceed ninety days to remove batteries from the retail point of collection. [L 1989, c 281, pt of §1; am L 1991, c 201, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-6 Recordkeeping.

§342I-6 Recordkeeping.
All facilities accepting five or more lead acid batteries per day from an individual shall maintain records for three years that provide, at a minimum, the following information:
(1) The name, phone number, and address of the person from whom the batteries were received;
(2) The date of receipt of the lead acid batteries; and
(3) The record of shipment indicating the ultimate destination of the lead acid batteries and the date of shipment. [L 1991, c 201, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-7 Entry and inspection of records.

§342I-7 Entry and inspection of records.
The director of health may enter and inspect any building or place for the purpose of:
(1) Investigating an actual or suspected violation of this part;
(2) Conducting reasonable tests;
(3) Taking samples; and
(4) Reviewing and copying records. [L 1991, c 201, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-8 Penalties.

§342I-8 Penalties.
(a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.
(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.
(c) The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to:
(1) 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;
(2) Impose and collect civil penalties;
(3) Collect administrative penalties; or
(4) Obtain other relief.
The environmental court may grant relief in accordance with the Hawaii rules of civil procedure. [L 1991, c 201, pt of §1; am L 2002, c 191, §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-9 Disposition of collected fines and penalties.

§342I-9
Disposition of collected fines and penalties.
Fines and penalties collected under this part shall be deposited into the environmental response revolving fund, established by section 128D-2. [L 1991, c 201, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-21 Definitions.

§342I-21 Definitions.
As used in this part unless the context otherwise requires:
"Authorized tire collection facility" means any facility permitted by the department under chapter 342H as a tire collection facility which may collect and temporarily hold tires before transporting them to an authorized tire recycler.
"Authorized tire recycler" means any processor, shredder, or manufacturer permitted by the department under chapter 342H as a tire recycling facility.
"County" means any county of the State.
"Facility" means all contiguous land, including buffer zones and structures or other appurtenances and improvements on the land, used for the handling of used tires.
"Import" means to buy, bring, or accept delivery of tires, from an address, supplier, or any entity outside of the State, into the State and includes the tires on motor vehicles brought into the State.
"Importer" means any person or entity who imports tires, including the tires on motor vehicles imported into the State.
"Motor vehicle tire" means any tire that is used or designed for use on a motorized vehicle including but not limited to an automobile, bus, motorcycle, truck or heavy equipment.
"Tire retailer" means any person who sells or offers to sell tires to the public.
"Tire wholesaler" means any person who sells or offers to sell tires to tire retailers or other volume buyers of tires. [L 1993, c 209, pt of §2; am L 2000, c 173, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-22 Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited.

§342I-22
Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited.
(a) No person shall place a whole motor vehicle tire in mixed municipal solid waste, or shall discard or otherwise dispose of a motor vehicle tire except by delivery to any motor vehicle tire retailer, tire wholesaler, or to an authorized tire collection or authorized tire recycler.
(b) No motor vehicle tire retailer shall dispose of a motor vehicle tire except by delivery to the agent of a motor vehicle tire wholesaler or to a motor vehicle tire manufacturer, or to an authorized motor vehicle tire recycler.
(c) Each tire improperly disposed of shall constitute a separate offense.
(d) For each violation of this section a violator shall be subject to the penalties and remedies provided under sections 342H-9 Penalties; 342H-10 Administrative penalties; and 342H-11 Injunctive relief.
(e) Variances to these provisions may be granted by the director based on written requests submitted by a permitted disposal facility. [L 1993, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-23 Motor vehicle tires; collection for recycling.

§342I-23 Motor vehicle tires; collection for recycling.
(a) Each tire retailer shall:
(1) Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer.
(2) Post written notice which shall be at least five inches by seven inches in size and easily visible to customers and shall contain the universal recycling symbol and the following language:
(A) "It is illegal to discard a motor vehicle tire";
(B) "Recycle your used tires";
(C) "State law requires us to accept used motor vehicle tires for recycling or disposal, in exchange for new tires purchased"; and
(D) "The final price of a new tire includes disposal of your old tire. The disposal fee is not subject to reduction or refund."
(b) The department of health shall produce, print, and distribute the notices required by subsection (a)(2) to each retailer; provided that a retailer instead may use any sign or notice that meets the requirements of that subsection.
(c) Any advertising pertaining to the price of motor vehicle tires shall disclose whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee.
(d) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of tires includes disposal of your old tires" may be substituted.
(e) Motor vehicle rental companies shall be permitted to provide a report and payment of the surcharge annually, with the year ending December 31, rather than quarterly. [L 1993, c 209, pt of §2; am L 2002, c 191, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-24 Inspection of motor vehicle tire retailers.

§342I-24
Inspection of motor vehicle tire retailers.
In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of this part. [L 1993, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-25 Motor vehicle tire wholesalers.

§342I-25 Motor vehicle tire wholesalers.
Any person selling new motor vehicle tires at wholesale shall accept at the point of transfer, in a quantity at least equal to the number of new tires purchased by a customer, used motor vehicle tires offered by the customer. A motor vehicle tire wholesaler accepting used tires in transfer from a motor vehicle tire retailer shall be allowed a period not to exceed ninety days to remove used tires from the retail point of collection. Accumulation of those tires at the retail point of collection shall not exceed two hundred fifty tires, unless the retail point of collection is an authorized tire collection facility, and the tires shall be stored in a manner consistent with fire prevention and vector control. [L 1993, c 209, pt of §2; am L 2002, c 191, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-26 Registration and recordkeeping requirements.

§342I-26 Registration and recordkeeping requirements.
(a) All facilities that accept used tires, including but not limited to tire retailers, wholesalers, transporters, collectors, and recyclers, shall maintain, for a minimum of three years, records that provide, at least, the following information:
(1) The name, phone number, and address of the person, company, business, source, or entity from whom the used tires were received, if receiving used tires from entities other than the general public, such as tire retailers, wholesalers, transporters, collectors, and recyclers;
(2) The date of receipt of the used tires;
(3) The quantity of used tires received; and
(4) The record of shipment indicating the:
(A) Ultimate destination of the used tires;
(B) Identification of the transporter;
(C) Date of shipment; and
(D) Quantity of tires shipped.
Permitted municipal solid waste disposal facilities, including incineration facilities that receive used tires incidental to the disposal of municipal solid waste, shall be exempt from the recordkeeping requirements of this section.
(b) A summary of the information maintained under subsection (a) shall be submitted to the department by July 31 of each year, listing the total quantity of used tires collected and the ultimate disposition of the used tires.
(c) By September 1, 2000, all importers 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. After September 1, 2000, any person who desires to conduct business in this State as an importer shall register with the department no later than one month prior to the commencement of the business.
(d) All importers shall maintain records reflecting the importation of tires. The records shall be made available, upon request, for inspection by the department. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-28 Tire inventory records and payment.

§342I-28 Tire inventory records and payment.
(a) Payment of the motor vehicle tire surcharge shall be made quarterly based on inventory records of the importers except for those importers subject to subsection (c) or (d). The dates September 30, December 31, March 31, and June 30 represent the end of each quarter period. All importers shall submit to the department documentation in sufficient detail that identifies the number of tires imported into the State during the previous quarter.
(b) The amount due from the importers for the quarter shall be equal to the number of tires provided in subsection (a) multiplied by the motor vehicle tire surcharge of $1. Payment shall be made by check or money order payable to the Department of Health, State of Hawaii and shall be deposited into the environmental management special fund as provided in section 342I-29. All subsequent inventory reports and payments shall be made no later than the last day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (c) or (d).
(c) An importer who imports fewer than fifty tires within a one-year period shall be exempt from payment of the surcharge.
(d) An importer who imports fifty or more tires, but fewer than or equal to two hundred tires, or a motor vehicle rental company shall be permitted to provide a report and payment of the surcharge annually, with year ending December 31. [L 2000, c 173, pt of §1; am L 2002, c 191, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-29 Deposit into environmental management special fund.

§342I-29 Deposit into environmental management special fund.
The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited in the fund pursuant to this section shall become part of the account. Moneys from this special account may be used by the department to:
(1) Support permitting, monitoring, and enforcement activities, including personnel costs regarding used tire management, collection, recycling, and disposal facilities;
(2) Promote improved market development and reuse opportunities for recovered motor vehicle tires;
(3) Promote tire recovery, recycling, and reuse in the State through education, research, and demonstration projects;
(4) Implement the surcharge program under this part;
(5) Support programs to prevent illegal dumping; and
(6) Clean up improper tire disposal sites including conducting related environmental assessments and remediation. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-30 Recovery of costs.

§342I-30 Recovery of costs.
(a) Any costs incurred and payable from the fund as a result of tire cleanups and associated environmental assessments and remediation shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any cost that may be recovered pursuant to this section for a tire cleanup and associated assessment and remedial action paid from the fund shall include the amount paid from the fund and legal interest.
(b) Moneys recovered by the attorney general pursuant to this section shall be deposited to the special account of the environmental management special fund.
(c) Any action for recovery of response costs shall commence within two years after the date of completion of all response actions. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-32 Entry and inspection of facilities.

§342I-32 Entry and inspection of facilities.
The department or other authorized party may enter and inspect any building or place, according to law at a reasonable time, for the purpose of:
(1) Investigating an actual or suspected violation of this part;
(2) Conducting reasonable tests;
(3) Taking samples; and
(4) Reviewing and copying records. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-33 Enforcement.

§342I-33 Enforcement.
The department of health shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in circuit environmental court against persons who fail to comply with the requirements of this part. [L 2000, c 173, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-34 Penalties.

§342I-34 Penalties.
(a) For each violation of this part, a violator shall be subject to a penalty of not more than $10,000 for each separate offense. However, the failure to post the notice required under section 342I-23, following a warning issued by an authorized employee of the department, shall be subject to a fine up to $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. The fines imposed pursuant to this section shall be cumulative.
(b) Remedies shall be by citations, by civil action, or as provided under sections 342H-10 and 342H-11. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342I. Special Wastes Recycling › 342I-35 Disposition of collected fines and penalties.

§342I-35 Disposition of collected fines and penalties.
Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 2000, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-1 Legislative policy; program priorities.

§342J-1 Legislative policy; program priorities.
The legislature finds that hazardous waste must be managed in a manner that protects the health, safety, and welfare of the citizens of the State and protects and conserves the State's natural resources and environment. Accordingly, the hazardous waste management program of this State shall be a preventive as well as a regulatory program that gives priority to:
(1) The provision of technical assistance to generators to ensure the safe and proper handling of hazardous waste;
(2) The establishment of a public education program to promote awareness of what constitutes hazardous waste and the dangers of improper disposal of hazardous waste;
(3) The promotion of hazardous waste minimization, reduction, recycling, exchange, and treatment as the preferred methods of managing hazardous waste, with disposal to be used only as a last resort when all other hazardous waste management methods are ineffective or unavailable; and
(4) The coordination of hazardous waste management efforts among the counties of this State, taking into consideration the unique differences and needs of each county. [L 1989, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-3 Administration.

§342J-3 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 §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-4 Powers; rulemaking; appointment of hearings officers.

§342J-4 Powers; rulemaking; appointment of hearings officers.
(a) The director may make, amend, and repeal state rules which govern the management of hazardous waste and which control and prohibit hazardous waste pollution. 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 §5; am L 1991, c 259, §5; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-5 Permits; procedures for.

§342J-5 Permits; procedures for.
(a) An application for any permit required under this chapter shall be in a form prescribed by the director.
(b) The director may require that applications for such permits shall be accompanied by plans, specifications, and information as the director deems necessary for the director to determine whether the proposed or existing hazardous waste management facility will be in compliance with applicable rules and standards.
(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that the applicant and facility have complied with the provisions of this chapter. Each permit shall be reviewed five years after the date of issuance and shall be modified as necessary to assure that the facility and permittee continue to comply with applicable provisions of this chapter. Nothing in this subsection shall preclude the director from reviewing and modifying a permit at any time during its term. Each permit issued under this section shall contain such terms and conditions as the director determines are necessary to protect human health or the environment.
The director may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) There is a violation of any term or condition of the permit;
(2) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(3) There is a change in any circumstance that necessitates a modification, suspension, or revocation of the permit; or
(4) Such is in the public interest.
Public notice shall be given of proposed decisions respecting permit issuance, reissuance, denial, revocation, suspension, substantial modification to a permit requested by a permittee, and modifications to a permit initiated by the director. The director may hold a public hearing before issuing a final decision respecting a permit issuance, reissuance, denial, revocation, suspension, request by a permittee to substantially modify a permit, and any modification to a permit initiated by the director if the director determines that such a public hearing is in the public interest. The permit notice and public hearing requirements in this section shall not apply to used oil permits as provided for in section 342J-54.
(d) No applicant for a modification or reissuance of a permit shall be held in violation of this chapter during the pendency of the applicant's application so long as the applicant acts consistently and the facility is in compliance with the permit previously granted. [L 1989, c 212, pt of §5; am L 1991, c 259, §6; am L 2000, c 3, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-6 Furnishing of information and entry and inspection of premises.

§342J-6 Furnishing of information and entry and inspection of premises.
(a) For purposes of enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall, upon request of any duly authorized representative of the director, furnish information relating to such wastes and permit such representative at all reasonable times to have access to, and to copy all records relating to such wastes.
(b) For purposes of enforcing the provisions of this chapter the authorized representative may:
(1) Enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from;
(2) Inspect and obtain samples of any such wastes and samples of any containers or labeling for such wastes; and
(3) Obtain any other information for purposes of determining compliance with the provisions of this chapter, including financial information.
Each such inspection shall be commenced and completed with reasonable promptness. [L 1989, c 212, pt of §5; am L 1991, c 259, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-6.5 Notification.

§342J-6.5 Notification.
(a) Not later than forty-five days after June 18, 1993, any person generating or transporting, or owning or operating a facility for treatment, storage, or disposal of, any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.
(b) Not later than forty-five days after the adoption pursuant to this chapter of any rule that lists or identifies by characteristics any substance as hazardous waste, any person generating or transporting the substance, or owning or operating a facility for treatment, storage, or disposal of the substance, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.
This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).
(c) Any person required by this section to provide notification to the department shall also advise the department, by January 31 of each year following initial notification, of the following changes:
(1) Location of business;
(2) Name of business;
(3) Mailing address;
(4) Name of person who owns the facility at which hazardous waste is handled or generated;
(5) Change of status from small quantity to large quantity generator; and
(6) Change of status from large quantity to small quantity generator.
(d) This section shall not apply to:
(1) Generators of less than one hundred kilograms of hazardous waste per month; or
(2) Any other person exempted from the notification requirements of this section pursuant to rules adopted by the department. [L 1993, c 267, §1]
Revision Note
"June 18, 1993" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 19. Health › 342J. Hazardous Waste › 342J-8 Emergency powers; procedures.

§342J-8 Emergency powers; procedures.
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling, storage, treatment, transportation, or disposal of any hazardous waste or hazardous waste constituent may present an imminent and substantial endangerment to health or the environment, the governor or the director, without a public hearing, may secure or order such relief as may be necessary to abate the danger or threat. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. The governor or the director may also institute a civil action in any environmental court of competent jurisdiction to secure such relief as may be necessary to abate the danger or threat.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §5; am L 1991, c 259, §9; am L 1995, c 201, §4; am L 2014, c 218, §8]
Cross References
Environmental response law, see chapter 128D.