reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-14 Public records; confidential information; penalties.

§342D-14 Public records; confidential information; penalties.
Reports submitted to the department on discharges of waste shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342D-8 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-15 Nonliability of department personnel.

§342D-15 Nonliability of department personnel.
Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342D-14. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-16 Remedies preserved.

§342D-16 Remedies preserved.
No existing civil or criminal remedy for any wrongful action that is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. No existing civil or criminal remedy shall exclude or impair the remedies provided in this chapter. [L 1989, c 212, pt of §2; am L 1999, c 193, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-17 Enforcement by state and county authorities.

§342D-17 Enforcement by state and county authorities.
All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §2]
Law Journals and Reviews
Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-18 Other powers of department not affected.

§342D-18 Other powers of department not affected.
The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-19 Effect of laws, ordinances, and rules.

§342D-19 Effect of laws, ordinances, and rules.
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.
(b) Any county may adopt ordinances and rules governing any matter relating to water 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 water pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof except as provided in subsection (c).
(c) Any county desiring to administer its own laws, ordinances, and rules on the design, construction, and operation of sewerage and treatment facilities may submit to the director a full and complete description of the program it proposes to establish and administer under county law. In addition, the county shall submit a statement from its corporation counsel or county attorney that the laws of the county provide adequate authority and the standards are equal to or more stringent than the standards of the department to carry out the described program. The director shall approve each such submitted program unless the director determines that either adequate authority does not exist or the proposed standards are less stringent than those of the department. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-20 Priority in courts.

§342D-20 Priority in courts.
All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.

§342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.
(a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed healthcare provider.
(b) No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021.
(c) For purposes of this section:
"Licensed healthcare provider" means a physician or osteopathic physician licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.
"Octinoxate" refers to the chemical (RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 5466-77-3; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Oxybenzone" refers to the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 131-57-7; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Prescription" means an order for medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in a hospital. "Prescription" includes an order for a sunscreen.
"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face. [L 2018, c 104, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-30 Civil penalties.

§342D-30 Civil penalties.
(a) Any person who violates this chapter, any rule, or any term or condition of a permit, water quality certification, or variance issued pursuant to this chapter shall be fined not more than $60,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this section shall be considered a civil action. In determining the amount of a civil penalty, the environmental court shall consider the seriousness of the violation or violations; the economic benefit, if any, resulting from the violation; any history of these violations; any good-faith efforts to comply with the applicable requirements; the economic impact of the penalty on the violator; and any other matters that justice may require. It shall be presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof of the contrary shall be on the violator.
(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each day of denial, obstruction, or hampering. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §2; am L 1991, c 157, §12; am L 1995, c 180, §12; am L 1997, c 147, §2; am L 1999, c 193, §8; am L 2014, c 218, §8; am L 2023, c 233, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-31 Administrative penalties.

§342D-31
Administrative penalties.
(a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342D-30.
(b) Factors to be considered in imposing an administrative penalty include:
(1) The nature, circumstances, extent, gravity, and history of the violation and of any prior violations;
(2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;
(3) The opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply;
(5) Degree of culpability; and
(6) Such other matters as justice may require.
(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator. [L 1989, c 212, pt of §2; am L 1994, c 269, §2; am L 1995, c 180, §13; am L 1999, c 193, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-32 Negligent violations.

§342D-32 Negligent violations.
Any person who:
(1) Negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program under this chapter; or
(2) Negligently introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under this chapter;
shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or by both. [L 1989, c 212, pt of §2; am L 1994, c 5, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-33 Knowing violations.

§342D-33 Knowing violations.
Any person who:
(1) Knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program; or
(2) Knowingly introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under this chapter;
shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than six years, or by both. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-34 Knowing endangerment.

§342D-34 Knowing endangerment.
(a) Any person who knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than fifteen years, or both.
(b) A person which is an organization, upon conviction of violating this section, shall be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this section, the maximum punishment shall be doubled with respect to both fine and imprisonment.
(c) For the purpose of this section, in determining whether a defendant who is an individual knew that the individual's conduct placed another person in imminent danger of death or serious bodily injury:
(1) The person is responsible only for actual awareness or actual belief that the person possessed; and
(2) Knowledge possessed by a person other than the defendant but not by the defendant may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself or herself from relevant information.
(d) It is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:
(1) An occupation, a business, or a profession; or
(2) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this section by a preponderance of the evidence.
(e) The term "organization" means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(f) The term "serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-35 False statements.

§342D-35 False statements.
Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-37 Responsible corporate officer as "person".

§342D-37 Responsible corporate officer as "person".
For the purpose of this chapter, the term "person" means, in addition to the definition contained in section 342D-1, any responsible corporate officer. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-38 Hazardous substance defined.

§342D-38 Hazardous substance defined.
For the purpose of this part, the term "hazardous substance" means:
(1) Any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act, as amended (FWPCA);
(2) Any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980;
(3) Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress);
(4) Any toxic pollutant listed under section 307(a) of the FWPCA; and
(5) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the Toxic Substances Control Act. [L 1989, c 212, pt of §2]
Cross References
Environmental response law, see chapter 128D.
Hawaii emergency planning and community right-to-know act, see chapter 128E.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-50 Prohibition.

§342D-50 Prohibition.
(a) No person, including any public body, shall discharge any water pollutant into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit, water quality certification, or variance issued by the director.
(b) No person, including any public body, shall knowingly establish, extend, or alter any system of drainage, sewage, or water supply, or undertake any project in sewage outfall areas where there may be a possibility of alteration of currents depended upon for dilution without first securing approval in writing from the director.
(c) No person, including any industrial user, shall discharge any water pollutant or effluent into a publicly owned treatment works or sewerage system in violation of:
(1) A pretreatment standard established by the department or the publicly owned treatment works; or
(2) A pretreatment condition in a permit issued by the department or a publicly owned treatment works.
(d) No person, including any public body, shall violate any rule adopted pursuant to this chapter or any permit, water quality certification, or variance issued or modified pursuant to this chapter. [L 1989, c 212, pt of §2; am L 1995, c 180, §14; am L 2023, c 233, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-50.5 Treated or raw sewage; prohibition.

§342D-50.5 Treated or raw sewage; prohibition.
(a) Notwithstanding any other law to the contrary, no person, including any public body, shall discharge any treated or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a sewage treatment plant that:
(1) Utilizes sewage to produce clean energy pursuant to section 196-10.5; and
(2) Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director.
(b) Nothing in this section shall be construed to:
(1) Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or
(2) Allow the discharge of treated or raw sewage into state waters in violation of any federal statute, rule, or regulation. [L 2016, c 248, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-51 Affirmative duty to report discharges.

§342D-51 Affirmative duty to report discharges.
Any person who has caused an unlawful discharge under section 342D-50(a) has an affirmative duty to report the incident to the director within twenty-four hours of the discharge, unless a valid permit issued under section 342D-6 specifies another reporting period for the specific discharge. [L 1989, c 212, pt of §2; am L 1991, c 157, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-52 Testing of water and aquatic and other life.

§342D-52 Testing of water and aquatic and other life.
The director may test any water and aquatic and other life that has been subjected to an oil spill or any other form of water pollution and assess the environmental effects of the pollution, including its effects on:
(1) The quality of the receiving water; and
(2) Aquatic and other life.
If the department determines that the effects are such that it would be hazardous to consume the aquatic or other life, the department shall immediately notify the public of that hazard through the news media and by posting warning signs in the areas where the water and shoreline contain aquatic or other life that would be hazardous to consume. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-53 Certifying agency and water quality certification.

§342D-53 Certifying agency and water quality certification.
(a) Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that may cause any discharge into navigable waters.
(b) The director may act as a certifying agency.
(c) The director shall adopt and enforce rules, pursuant to chapter 91, to administer water quality certifications. (d) The term of any water quality certification issued by the director shall not exceed five years.
(e) The director shall not require a person to apply for a water quality certification if the person:
(1) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the statewide programmatic general permit for the restoration, repair, maintenance, and operation of loko i`a; or
(2) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the small-scale beach restoration program.
(f) As used in this section, "certifying agency" has the same meaning as "certifying authority" as defined in title 40 Code of Federal Regulations section 121.1(e). [L 1989, c 212, pt of §2; am L 2023, c 233, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-54 Wastewater treatment works; financial assistance; grants.

§342D-54
Wastewater treatment works; financial assistance; grants.
(a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects intended for recycled water or waste management by other than conventional means to prevent or to control the discharge of untreated or inadequately treated sewage or other waste into any state waters.
(b)
No grant shall be made for any project
unless:
(1) The project conforms with the state water pollution control plan;
(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 water pollution control needs;
(3) In the case of wastewater treatment works, the application for the grant contains the following:
(A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the wastewater treatment works after its construction; and
(B) Reasonable assurances by the applicant that an impact fee structure will be instituted to ensure that new developments pay their appropriate share of the costs of the wastewater treatment works, as determined by the counties;
(4) The county or state agency receiving these state funds requires the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects, and the fixtures and devices shall be approved by the International Association of Plumbing and Mechanical Officials and shall comply with applicable American National Standards Institute standards and other standards as may be required by the respective county for all new residential and public buildings; and
(5) The department, where appropriate, determines that the county receiving these funds has taken specific steps to reduce polluted runoff into state waters through educational and regulatory programs.
(c) If federal grant funds are available, the applicant shall be required to pay sixty per cent of the nonfederal share of the estimated reasonable cost of the approved wastewater treatment works as defined by Title 33 United States Code section 1251 et seq. If federal grant funds are not available, the director may make grants up to one hundred per cent of the estimated cost of the project.
(d)
Nothing in this section shall restrict the director's
authority to make grants to wastewater treatment works or projects granted waivers under Title 33 United States Code section 1311(h).
(e)
No moneys used or available for financing under part V shall be used for grants under this section.
(f)
No later than twenty days prior to the convening of each regular session of the legislature, the director shall submit to the legislature a financial report addressing the status of each grant made during the last completed fiscal year. [L 1989, c 212, pt of §2; am L 1991, c 262, §1; am L 1996, c 81, §1; am L 1997, c 221, §2; am L 2001, c 269, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-55 Recordkeeping and monitoring requirements.

§342D-55 Recordkeeping and monitoring requirements.
(a) The director may require the owner or operator of any effluent source, works, system, or plant; any discharger of effluent; the applicant for written authorization under this chapter for such sources or facilities; or any person engaged in management practices to:
(1) Establish and maintain records;
(2) Make reports and plans that shall cover existing situations and proposed additions, modifications, and alterations;
(3) Install, use, and maintain monitoring equipment or methods;
(4) Sample effluent, state waters, sewage sludge, and recycled water; and
(5) Provide such other information as the department may require.
(b) The director may require that information and items required under subsection (a) be complete and detailed, in a prescribed form, made or prepared by a competent person acceptable to the director, and at the expense of the owner, operator, or applicant.
(c) Management practices covered in this section are those for domestic sewage, sewage sludge, and recycled water, whether or not such practices cause water pollution. [L 1989, c 212, pt of §2; am L 1995, c 180, §15; am L 1999, c 193, §10; am L 2001, c 269, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-56 Complaints; hearings; appointment of masters.

§342D-56 Complaints; hearings; appointment of masters.
The director may:
(1) Receive or initiate complaints of water pollution, hold hearings in connection with water pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of water pollution; and
(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-57 Public participation activities; appointment of hearings officers.

§342D-57 Public participation activities; appointment of hearings officers.
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 §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-58 Consultation and advice.

§342D-58 Consultation and advice.
The director may consult with and advise:
(1) Any person engaged or intending to be engaged in any business or undertaking whose waste, sewage, or drainage is polluting or may tend to pollute state waters; and
(2) Persons intending to alter or to extend any system of drainage, sewage, or water supply. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-59 Research, educational, and training programs.

§342D-59 Research, educational, and training programs.
The director may:
(1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste;
(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 water pollution; and
(3) Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-60 Annual reports.

§342D-60 Annual reports.
The director may publish annual reports on the quality of the state waters, which annual report shall include, but not be limited to:
(1) A description of sampling programs and quality control methods procedures;
(2) Statistical analysis and interpretation of the data on an annual basis by specific points (monitoring stations);
(3) Discussion of the results of these analyses to the extent that the implications can be understood by the general public;
(4) Recommendations for the modification of the water quality monitoring program to enhance its effectiveness for maintaining high standards of water quality in the State; and
(5) A note of any significant changes in the quality of state waters. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-61 Household aerobic unit approval.

§342D-61 Household aerobic unit approval.
(a) The installation or use of household aerobic units that discharge directly to groundwater are prohibited in the State unless approved by the director.
(b) The director shall approve household aerobic units based on the National Sanitation Foundation/American National Standards Institute Standard 245 for class I aerobic units.
(c) The director may adopt rules, pursuant to chapter 91, necessary for the purposes of this section. [L 2017, c 89, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-70 Use of gray water for irrigation purposes.

§342D-70 Use of gray water for irrigation purposes.
(a) The department may authorize any county to implement a gray water recycling program within its jurisdiction. The gray water recycling program shall be limited to the use of gray water for the purpose of irrigating lawns and gardens. All use of gray water shall conform to the state plumbing code, chapter 3-183, Hawaii administrative rules.
(b) The county seeking authorization shall submit to the department for its approval prior to implementation a detailed gray water recycling plan, including rules and procedures for the proposed program. The plan shall address the appropriateness of the program for the geographic area, the environmental impact of the program on the geographic area, the cost of the program, and any other factors deemed relevant by the department. The department may revoke the authorization at any time.
The department and the counties are encouraged to promote widespread use of gray water consistent with subsection (a) in the interests of water conservation. Any guidelines for the use of gray water for irrigation purposes shall be liberally construed so as to allow widespread use of gray water.
(c) For the purposes of this section, "gray water" shall have the same meaning as in section 342D-1. [L 1993, c 66, §2; am L 2013, c 233, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-72 Cesspools; mandatory upgrade, conversion, or connection.

§342D-72 Cesspools; mandatory upgrade, conversion, or connection.
(a) Before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system.
(b) The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools. For the purposes of this subsection, a legitimate reason shall include but not be limited to:
(1) Small lot size;
(2) Steep topography;
(3) Poor soils; or
(4) Accessibility issues.
(c) As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation. [L 2017, c 125, §1; am L 2022, c 87, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-80 Definitions.

Cross References
Drinking water financing, see § §340E-31 to 340E-41.
§342D-80 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.
"Corpus allocation" means the amount of moneys in the revolving fund that is allocated by the director to provide earnings to reduce an eligible party's total financing costs for one or more eligible projects.
"Eligible party" means a county, state agency, or private person.
"Revolving fund" means the water pollution control revolving fund established by section 342D-83. [L 1997, c 221, pt of §1; am L 2002, c 132, §3; am L 2009, c 98, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-81 Declaration of policy.

§342D-81 Declaration of policy.
The State's policy is to promote water pollution prevention and control, including the use of recycled water, by financing eligible projects of eligible parties consistent with applicable federal and state laws. The State intends the financing to occur through a revolving fund loan program that makes loans to eligible parties at or below market rates and a leveraging program that uses revenue bonds and revolving fund loan programs together in a coordinated manner that does not cause the state debt ceiling to be exceeded. [L 1997, c 221, pt of §1; am L 2001, c 269, §5; am L 2002, c 132, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-82 Powers and duties.

§342D-82 Powers and duties.
(a) In addition to any other power or duty prescribed by law, the director shall:
(1) Establish fiscal controls and
accounting procedures at least sufficient to assure proper accounting for appropriate accounting periods of payments, disbursements, revenues, and fees received and made for fund balances at the beginning and end of the accounting period;
(2) Comply with sections 39-61 and 39-62 and ensure that any revenue bonds issued are excluded from the state constitutional debt ceiling. The revolving fund is a "special fund" within the meaning of article VII, section 13, of the state constitution and part III of chapter 39. The revolving fund is not a "special fund" within the meaning of sections 36-27 and 36-30; and
(3) No later than twenty days prior to the convening of each regular session of the legislature, submit to the legislature a financial report addressing the operations of the revolving fund during the last completed fiscal year.
(b) The director may:
(1) Provide financial assistance consistent with this part to any eligible party for the prevention, control, and abatement of water pollution in the State;
(2) Enter into any necessary or required agreement and give or make any necessary or required assurance, designation, or certification with or to any person in order to receive payments or to make or provide any financial assistance in conformance with Title 33 United States Code sections 1329, 1330, and 1383 to 1387;
(3) Enter into grant agreements with the administrator of the United States Environmental Protection Agency and accept capitalization grants;
(4) Adopt rules pursuant to chapter 91 for the purposes of this part, including rules setting fees for loans issued through the revolving fund and penalties for default of loan repayments;
(5) Pledge funds, loans, and accounts or subaccounts in the revolving fund to the payment or security of revenue bonds or loans issued under this part and make such corpus allocations as the director deems appropriate. The pledge shall constitute a lien and security interest on such funds and loans to the extent and with the priority as set forth in the document establishing the pledge, without physical delivery, recording, or other further act;
(6) Perform any act considered reasonably necessary, advisable, or expedient for the administration of this part or the advancement of the purposes of this part; and
(7) Direct the creation of one or more separate accounts or subaccounts within the revolving fund and specify any conditions applicable to the transfer of moneys and securities among the accounts and subaccounts. [L 1997, c 221, pt of §1; am L 2002, c 132, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-83 Revolving fund; establishment, purposes, coordination.

§342D-83 Revolving fund; establishment, purposes, coordination.
(a)
There is established in the state treasury a fund to be known as the water pollution control revolving fund to be administered by the director. The revolving fund shall be administered, operated, and maintained to remain available in perpetuity for its stated purpose.
(b) The purpose of the revolving fund is to provide financial assistance to eligible parties for projects or activities to:
(1) Enable counties and state agencies to plan, design, and construct publicly owned wastewater treatment works in accordance with title 33 United States Code sections 1381 to 1387;
(2) Enable eligible parties to implement management programs established under title 33 United States Code section 1329;
(3) Enable eligible parties to implement conservation and management plans established under title 33 United States Code section 1330;
(4) Enable eligible parties to construct, repair, or replace a privately owned decentralized wastewater treatment system and individual wastewater system that treats municipal wastewater or domestic sewage under title 33 United States Code section 1383;
(5) Enable eligible nonprofit entities to provide assistance to small and medium sized publicly owned treatment works for training activities, planning, design, and associated preconstruction activities under title 33 United States Code section 1383;
(6) Enable eligible parties to manage, reduce, treat, or recapture stormwater or subsurface drainage water under title 33 United States Code section 1383;
(7) Enable eligible parties to develop and implement watershed projects meeting the criteria under title 33 United States Code section 1274;
(8) Enable counties and state agencies to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse under title 33 United States Code section 1383;
(9) Enable counties and state agencies to reduce the energy consumption needs for publicly owned treatment works under title 33 United States Code section 1383;
(10) Enable eligible parties to reuse or recycle wastewater, stormwater, or subsurface drainage water under title 33 United States Code section 1383; and
(11) Enable eligible parties to increase the security of publicly owned treatment works under title 33 United States Code section 1383. [L 1997, c 221, pt of §1; am L 2002, c 132, §6; am L 2016, c 240, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-84 Revolving fund; uses.

§342D-84 Revolving fund; uses.
(a) Moneys in the revolving fund, if consistent with the purpose of the revolving fund stated in section 342D-83(b), may be used to:
(1) Provide, make, and condition loans;
(2) Guarantee eligible party loans and bonds and to purchase or provide bond insurance or other credit enhancement or liquidity support for eligible party debt service payments when such action would improve credit market access or reduce interest rates;
(3) Buy or refinance debt obligations of eligible parties at or below market rates, when the debt obligations were incurred after March 7, 1985;
(4) Support and pay the reasonable costs of administering the revolving fund, including operation and maintenance of the revolving fund, subject to the limits in Title 33 United States Code section 1383(d)(7) and Title 40 Code of Federal Regulations section 35.3120(g), and to provide a source of revenue or security for such support and payment;
(5) Pay the principal, interest, and redemption premium, if any, on revenue bonds issued by the director, if the proceeds of revenue bonds will be deposited in the revolving fund;
(6) Provide interest rate subsidies from earnings on corpus allocation to subsidize loans to eligible parties made from the proceeds of the revenue bonds of the department; and
(7) Provide interest rate subsidies to eligible parties by depositing revolving fund moneys into interest bearing accounts in participating financial institutions that issue loans for the implementation of eligible projects under section 342D-83(b).
(b) The entire water pollution control loan program, and not only those accounts or subaccounts funded by revenue bond proceeds, shall be subject to section 39-61 for the purposes of accomplishing leveraging and exclusion of the revenue bonds from the state constitutional debt ceiling. [L 1997, c 221, pt of §1; am L 2002, c 132, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-85 Revolving fund; deposits.

§342D-85 Revolving fund; deposits.
The following may be deposited into the revolving fund:
(1) Federal capitalization grant funds and other federal grants, loans, or appropriations;
(2) Appropriations by the legislature to the revolving fund;
(3) Payments of principal and interest and other amounts made by eligible parties pursuant to loans or other agreements entered into with the director pursuant to this part; provided that if the loans were financed by proceeds of revenue bonds of the director, the deposit of the payments into the revolving fund shall be subject to the rights of the holders of the bonds to receive the moneys;
(4) Fees for loans and other items under section 342D-86;
(5) Proceeds of revenue bonds issued by the director for the purpose of providing financial assistance to eligible parties;
(6) Moneys paid to the revolving fund as a result of court ordered awards of judgments;
(7) Moneys paid to the revolving fund in court-approved or out-of-court settlements;
(8) All interest attributable to investment of moneys deposited in the revolving fund; and
(9) All moneys allotted or directed to the revolving fund from other sources. [L 1997, c 221, pt of §1; am L 2002, c 132, §8]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-86 Revolving fund; fees, interest, and investment on accounts.

§342D-86 Revolving fund; fees, interest, and investment on accounts.
(a) The director may establish fees for loans, loan and bond guarantees, debt purchase and refinancing, interest rate subsidies, and other credit enhancement or liquidity support issued or provided through the revolving fund.
(b) The director shall adopt rules pursuant to chapter 91 for the purposes of this part, including fees for loans and other financial assistance, and penalties for default of loan and other financial assistance repayments.
(c) 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 wastewater facilities, and other activities of the revolving fund pursuant to Title 33 United States Code sections 1381 to 1387.
(d) All moneys collected as fees shall be deposited into an administrative expense account or accounts as needed to comply with Title 33 United States Code section 1383(d)(7) and shall be used exclusively to support the activities of the revolving fund.
(e) Moneys in the revolving 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 revolving fund; provided that moneys which are pledged as security for payment of revenue bonds may be invested as provided in section 342D-91. [L 1997, c 221, pt of §1]