reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-22 Manufacturers.

§339D-22 Manufacturers.
(a) No manufacturer shall sell or offer for sale any new electronic device in the State unless:
(1) The electronic device is labeled with a brand, whether licensed or owned, and the label is permanently affixed; and
(2) The brand is included in a registration that is filed with the department and that is effective pursuant to subsection (b).
(b) By January 1, 2023, before selling or offering for sale any electronic device in the State, each manufacturer shall register with the department and pay to the department a registration fee of $5,000. Thereafter, if a manufacturer has not previously registered, the manufacturer shall register with the department prior to any offer for sale for delivery in the State of the manufacturer's new electronic device.
(c) Each manufacturer who is registered shall submit an annual renewal of its registration and payment of a registration fee of $5,000 to the department by January 1 of each year.
(d) The registration and each renewal shall include a list of all of the manufacturer's brands of electronic devices and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal.
(e) A manufacturer shall provide the department with contact information for the manufacturer's designated agent or employee whom the department may contact for information on the manufacturer's compliance with the requirements of this section. [L 2009, c 183, pt of §6; am L 2022, c 151, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-23.1 Manufacturer recycling goals.

§339D-23.1 Manufacturer recycling goals.
(a) The department shall use the best available information to establish the weight of all electronic devices sold in the State, including the reports submitted pursuant to section 339D-23.3, state and national sales data, and other reliable commercially available, supplemental sources of information.
(b) No later than October 1, 2022, and annually thereafter, the department shall notify each manufacturer of its recycling obligation pursuant to subsection (c).
(c) Each manufacturer shall collect and recycle electronic devices according to the following:
(1) Beginning January 1, 2023, the equivalent of fifty per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91;
(2) Beginning January 1, 2024, the equivalent of sixty per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91; and
(3) Beginning January 1, 2025, the equivalent of seventy per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91.
(d) A manufacturer may collect any electronic device to meet its recycling goal.
(e) A manufacturer may consider reused electronic devices toward achieving its recycling goals. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-23.2 Record keeping requirements.

§339D-23.2 Record keeping requirements.
(a) Each manufacturer shall maintain records, for a minimum of five years, of the following:
(1) The amount, in weight, of its annual sales of electronic devices sold in the State;
(2) The number of electronic devices it has collected for recycling or reuse, by county; and
(3) The number of electronic devices recycled or reused by each collector and recycler on behalf of the manufacturer.
(b) Nothing in this section is intended to exempt any person from liability that the person would otherwise have under applicable law. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-23.3 Manufacturer reporting requirements.

§339D-23.3 Manufacturer reporting requirements.
(a) By August 1, 2022, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's electronic devices sold in the State in the previous calendar year, categorized by electronic device type.
(b) If the manufacturer is unable to provide accurate sales data, the manufacturer shall explain why the data cannot be provided and shall instead report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.
(c) By March 31, 2023, and annually thereafter, each manufacturer shall report to the department the total weight of all electronic devices recycled or reused, by county, in the previous calendar year. Reports shall be submitted on forms prescribed by the department. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-24 Retailer responsibility.

§339D-24 Retailer responsibility.
(a) Beginning January 1, 2023, no retailer shall sell or offer to sell any electronic device in the State unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment and the manufacturer has registered with the State.
(b) Beginning January 1, 2023, retailers shall make available to their customers information on collection services for discarded electronic devices in the State and shall include the department's website address and toll-free telephone number. Remote retailers may include this information in a visible location on their website to fulfill this requirement.
(c) Retailers shall not be liable in any way for electronic data or other information that a consumer may have stored on an electronic device that is recovered or recycled. [L 2009, c 183, pt of §6; am L 2022, c 151, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-25 Electronic device recovery system; consumer education.

§339D-25 Electronic device recovery system; consumer education.
(a) The department shall develop a consumer education program about the electronic device recycling program.
(b) Beginning January 1, 2023, the department shall display on its website a toll-free number and current information on electronic device recycling locations. [L 2009, c 183, pt of §6; am L 2022, c 151, §14]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-26 Environmental management.

§339D-26 Environmental management.
(a) All electronic devices recovered pursuant to this part shall be recycled in a manner that complies with all applicable federal, state, and county laws and requirements.
(b) The department shall adopt by reference the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices as requirements. [L 2009, c 183, pt of §6; am L 2022, c 151, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-27 State procurement.

§339D-27 State procurement.
All state and county agencies that purchase or lease any electronic device shall require each prospective offeror to certify compliance with this part. Failure to provide certification shall disqualify the prospective offeror. [L 2009, c 183, pt of §6; am L 2022, c 151, §16]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-28 Collector registration.

§339D-28 Collector registration.
(a) By January 1, 2023, each collector shall register with the department, using forms prescribed by the department, and pay to the department a registration fee of $250. Thereafter, if a collector has not previously registered with the department, the collector shall register with the department prior to accepting electronic devices. A registration shall be valid until December 31 of each year.
(b) By January 1 of each year, each collector shall submit an annual renewal of its registration with the payment of a registration fee of $250. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-29 Collector record keeping requirements.

§339D-29 Collector record keeping requirements.
Each collector shall maintain records for a minimum of five years of the following:
(1) The amount, in weight, of electronic devices it has collected for recycling and reuse and the amounts sent for recycling and reuse; and
(2) Bills of lading or weight tickets for all electronic devices sent for recycling or reuse. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-30 Collector reporting requirements.

§339D-30 Collector reporting requirements.
By March 31, 2024, and annually thereafter, each collector shall report to the department the weight of all electronic devices collected for recycling or reuse in the previous year. Reports shall be submitted on forms prescribed by the department and shall indicate the weight of electronic devices sent to each recycler and the number of electronic devices that were reused. [L 2022, c 151, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339K. Northwest Interstate Compact on Low-Level Radioactive Waste Management › 339K-2 Compact administrator.

§339K-2 Compact administrator.
The compact administrator, acting jointly with like officers of other party states, may promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this State and its subdivisions in facilitating the present administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder. The compact administrator shall adopt the practices and may impose the fees authorized under article III of the compact, except that state and county law enforcement agencies and the public utilities commission shall retain their enforcement and inspection authority relating to carriers. [L 1982, c 234, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339K. Northwest Interstate Compact on Low-Level Radioactive Waste Management › 339K-3 Supplementary agreements.

§339K-3 Supplementary agreements.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of the State or requires or contemplates the provision of any service by the State, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of such service. [L 1982, c 234, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339K. Northwest Interstate Compact on Low-Level Radioactive Waste Management › 339K-4 Payment of state obligations.

§339K-4 Payment of state obligations.
The compact administrator, subject to the approval of the comptroller, may make or arrange for any payment necessary to discharge any financial obligation imposed upon this State by the compact or by any supplementary agreement entered into thereunder. [L 1982, c 234, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340A. Solid Waste › 340A-1 Definitions.

§340A-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Agency" means any department, office or board or commission of the state or county government which is a part of the executive branch of that government.
"Agricultural solid waste" means the solid waste that results from the rearing of animals and the harvesting of crops.
"Collector" means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations.
"County" shall include each county of the State, including the city and county of Honolulu.
"Director" means the director of the department of health.
"Generator" means any person or governmental agency which generates solid waste.
"Incinerator" means an engineered combustion device specifically designed for volume reduction by controlled burning of combustible solid waste.
"Landfill" means a land area used for the disposal of solid waste.
"Operator" means any person or governmental agency which accepts solid waste for processing, disposing, or transferring at an incinerator, landfill site, resource recovery facility or transfer station.
"Owner" means any person or governmental agency which shall have title to solid waste.
"Resource recovery facility" means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity.
"Solid waste" means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. Solid waste does not include solid or dissolved material in domestic sewage or other substances in water sources, such as silt, dissolved or suspended solids in industrial waste effluents, dissolved materials in irrigation return flows or other water pollutants. This definition is also intended to include liquid waste materials such as waste oil, paints, and solvents.
"Source separated waste" means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets.
"Transfer station" means a supplemental transportation facility used as an adjunct to solid waste route collection vehicles, which facility may be fixed or mobile and may include recompaction of solid waste. [L 1976, c 184, pt of §2; am L 1979, c 151, §2]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 19. Health › 340A. Solid Waste › 340A-2 Ownership of solid waste.

§340A-2 Ownership of solid waste.
Unless otherwise provided by county ordinance or federal regulation, the owner of solid waste shall be:
(1) The generator of the solid waste until the solid waste is collected;
(2) The collector until the solid waste is deposited with an operator;
(3) In the absence of a collector, the generator of the solid waste until the solid waste is deposited with an operator; or
(4) The operator upon acceptance of the solid waste. [L 1976, c 184, pt of §2; am L 1982, c 19, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340A. Solid Waste › 340A-3 Disposal of solid waste.

§340A-3 Disposal of solid waste.
(a) The county agency responsible for the collection and disposal of solid waste may require that all solid waste transported by the county agency, collectors, businesses or individuals be disposed of at facilities or in areas designated by the county agency if it is found to be in the best public interest; provided that agricultural solid waste and source separated waste transported for recycling purposes shall not be subject to the provisions of this section; and provided further that if regional transfer stations are designated, transportation to the stations shall be considered so as to minimize the operating costs of the collector.
The best public interest shall be found if disposal at the designated facilities or areas will:
(1) Result in reusable materials being recovered from solid waste; or
(2) Achieve the solid waste volumes necessary to meet a resource recovery facility's minimum operating requirements; or
(3) Lessen the demand for landfill sites; or
(4) Conserve natural resources.
(b) For a county that has a resource recovery facility in use or when the design for such a facility has begun, the director shall not grant a permit for other solid waste disposal activities including landfills, for a term extending beyond the planned operational date for the resource recovery facility unless the other disposal activity is to be used for one or more of the following:
(1) Disposal of ash or residue from a resource recovery facility;
(2) Disposal of solid waste which, because of its chemical or physical characteristics, is not suitable for processing at a resource recovery facility;
(3) Provide an emergency backup or overflow capacity for a resource recovery facility;
(4) Provide for solid waste disposal for those areas not served by a resource recovery facility as designated by the county agency responsible for the collection and disposal of solid waste. [L 1979, c 151, §3]
Revision Note
Subsection (a) designation added.
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-1 Definitions.

§340B-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Association of boards of certification for operating personnel in water and wastewater utilities" means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs.
"Board" means the board of certification established by section 340B-4.
"Director" means the director of health.
"Operator" means any individual who operates a wastewater treatment plant, or a major segment of a wastewater treatment plant.
"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other legal entity.
"Supervisor" means, where shift operation is not required, any individual who has direct responsibility for the operation of a wastewater treatment plant or who supervises operators of such a plant. Where shift operation is required, "supervisor" means any individual who has direct responsibility for active daily on-site technical and administrative supervision, and active daily on-site charge of an operating shift, or a major segment of a wastewater treatment plant.
"Wastewater treatment plant" means the various facilities used in the treatment of wastewater, including a wastewater reclamation plant, but excluding a private sewage treatment plant with actual flows greater than 2.0 million gallons per day, with a valid discharge permit issued pursuant to chapter 342, and without a record of adjudged violations of any permit conditions at any time for the life of the permit. [L 1978, c 169, pt of §2]
Note
Chapter 342 referred to in text is repealed.
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-2 Classification.

§340B-2 Classification.
The board shall classify all wastewater treatment plants. Cesspool and septic tank facilities connected to an individual household shall be exempt from classification. Industrial facilities for treatment of process water from oil refineries and sugar mills shall be exempt from classification provided such waste streams contain no domestic component and further provided that they do not discharge to a municipal collection, treatment, or disposal system. Application for exemption from classification of other industrial wastewater treatment facilities may be made to the director. In classifying or exempting from classification wastewater treatment, the board shall consider the applicable provisions in chapter 38 of the department of health regulations regarding wastewater treatment facilities and any rules and regulations of the department of health pertaining to the control of underground injection of wastewater. The classification shall take due regard to size and type, character of wastewater to be treated, other physical conditions affecting such wastewater treatment plants, and the skill, knowledge and experience required of an operator. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-3 Certification.

§340B-3 Certification.
(a) Upon board approval the director shall issue certificates entitling qualified individuals to operate wastewater treatment plants. Each certificate shall indicate the class of wastewater treatment plant for which the individual is qualified.
(b) The director shall issue a certificate to each applicant who, on June 2, 1978, holds a valid certificate issued to the applicant pursuant to the voluntary program, conducted by the Hawaii water pollution control association for certification of operators of wastewater treatment plants in this State; provided that such applicant files an application with the director.
(c) The director may issue a certificate, without requiring a qualifying examination therefor, to an applicant who is an operator satisfactorily operating a wastewater treatment plant on June 2, 1978; provided that such certificate shall be valid only for the operation of that wastewater treatment plant or a similar wastewater treatment plant. [L 1978, c 169, pt of §2; am L 1979, c 72, §1; gen ch 1985]
Revision Note
"June 2, 1978" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-3.5 Wastewater treatment certification board special fund.

§340B-3.5 Wastewater treatment certification board special fund.
(a) There is established in the state treasury a special fund to be known as the wastewater treatment certification board special fund. The following moneys collected by the board shall be deposited into the special fund:
(1) Registration fees for examinations;
(2) Renewal fees;
(3) Reciprocity fees; and
(4) Temporary certificates fees.
All interest earned or accrued on moneys deposited into the special fund shall become a part of the special fund.
(b) All moneys paid into the special fund shall be expended by the board to finance its operations. [L 1999, c 238, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-4 Board of certification.

§340B-4 Board of certification.
(a) A state board of certification of nine members shall be appointed by the governor to carry out this chapter. The board shall be placed, for administrative purposes, in the department of health. The board shall consist of the following:
(1) Four individuals who shall be employed in a wastewater treatment plant either as a certified operator or certified supervisor of a wastewater treatment plant. Three of the individuals must be employed in the outer island counties; one individual from the county of Hawaii, one from the county of Kauai, and one from the county of Maui.
(2) One individual who is an active member of the Hawaii water pollution control association.
(3) One individual who is a professional engineer in private practice, preferably specializing in sanitary engineering.
(4) One individual who is a member of the engineering (environmental or sanitary) faculty of a university or college in the State.
(5) One individual from the state agency responsible for the State's water quality program.
(6) One individual from the private sector interested in the field of water pollution control.
(b) The foregoing members shall serve for four-year terms except that of the initial appointments, one shall be for one year, two shall be for two years, two shall be for three years, and four shall be for four years.
(c) The members of the board shall meet for an organizational meeting at the call of the director, within forty-five days of their appointment and thereafter at least twice a year at such time and place as may be provided by rules and regulations adopted by them. The members of the board shall annually elect one of the board members to serve as chairperson. Additional meetings may be called by the chairperson as deemed necessary. Notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting.
(d) The governor shall fill any vacancy in the board and may remove any member for cause.
(e) Board members shall be reimbursed for expenses incurred in the performance of their duties. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-5 Association of certification authorities.

§340B-5 Association of certification authorities.
The board may, when taking action pursuant to sections 340B-2, 340B-3, and 340B-7 of this chapter, consider generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-6 Certification requirement.

§340B-6 Certification requirement.
All classified wastewater treatment plants whether publicly or privately owned, used or intended for use by the public or private persons, shall at all times be under the direct supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the wastewater treatment plant to be supervised. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-7 Regulations.

§340B-7 Regulations.
The board shall adopt such rules and regulations as may be necessary for the administration of this chapter, and which shall include at least the following provisions:
(1) The basis for classification of wastewater treatment plants as required by section 340B-2;
(2) Criteria for the qualification of applicants for operator certification corresponding to each of the classifications referred to in paragraph (1) of this section;
(3) Procedures for examination of candidates and renewal of certificates; and
(4) Procedures for the revocation of certificates. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-8 Prohibited acts.

§340B-8 Prohibited acts.
It shall be unlawful:
(1) For any wastewater treatment plant to be operated unless the operator is duly certified under this chapter;
(2) For any individual to perform the duties of an operator without being duly certified under this chapter. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-9 Injunctions and civil penalty.

§340B-9 Injunctions and civil penalty.
Any person who violates any provision of this chapter, or any rules, regulations, criterion, procedure, or certificate issued hereunder may, in a legal action commenced by the board:
(1) Be enjoined from continuing such violation; and
(2) Be subject to a civil penalty of not less than $100 a day and not greater than $200 a day for each day of continuing violation. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-10 Criminal penalties.

§340B-10 Criminal penalties.
Any individual who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any rule or regulation adopted under this chapter shall be guilty of a petty misdemeanor. [L 1978, c 169, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-11 Powers and duties of the board.

§340B-11 Powers and duties of the board.
To carry out the provisions and purposes of this chapter, the board shall:
(1) Perform any and all acts and adopt, amend, or repeal such rules as it finds necessary or appropriate;
(2) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as deemed appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals;
(3) Receive financial and technical assistance from the federal government and other public or private agencies;
(4) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(5) Furnish upon request to federal, state, or interstate agencies, municipalities, educational institutions and other organizations and individuals, reports, information, and materials relating to the certification program authorized by this chapter;
(6) Revoke, suspend, or refuse to renew any certificate of any individual following a hearing before the board of the individual or the individual's designated representative, when it is determined that the individual has practiced fraud or deception; that reasonable care, judgment, or the application of the individual's knowledge or ability was not used in the performance of the individual's duties; or that the individual is incompetent or unable to properly perform the individual's duties; provided that the board gives the person concerned notice and hearing in conformity with chapter 91;
(7) Delegate those duties and responsibilities the board may deem appropriate for the purpose of administering requirements of this chapter;
(8) Establish and collect such fees for application, conduct examinations, issue or renew certificates as are necessary for the support of this chapter, and deposit all fees collected into the wastewater treatment certification board special fund; and
(9) Oversee the development and implementation of a continuous training program if that is necessary to carry out this chapter. [L 1978, c 169, pt of §2; gen ch 1985; am L 1999, c 238, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-12 Annual report.

§340B-12
Annual report.
Within twelve months from June 2, 1978, and annually thereafter, the board shall submit to the governor, through the director, a report summarizing the actions taken under this chapter, and the effectiveness of such actions and such information and recommendations, including legislative recommendations, as deemed appropriate. [L 1978, c 169, pt of §2]
Revision Note
"June 2, 1978" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 340B. Wastewater Treatment Personnel › 340B-13 Reciprocity.

§340B-13 Reciprocity.
(a) On or after June 2, 1978, certification of operators by any state which, as determined by the board, accepts certifications made or certification requirements deemed satisfactory pursuant to this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the board the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations adopted hereunder and providing further that reciprocal privileges are granted to certified operators of this State.
(b) In making determinations pursuant to subsection (a) of this section, the board may consider any generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1978, c 169, pt of §2]
Revision Note
"June 2, 1978" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-2.5 Capacity development.

§340E-2.5 Capacity development.
The director may adopt rules to ensure that public water systems demonstrate technical, managerial, and financial capacity with respect to each state primary drinking water regulation in effect, or likely to be in effect, when the systems supply drinking water or commence operations.
[L 1997, c 218, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-3 Variances and exemptions.

§340E-3 Variances and exemptions.
The director may issue variances or exemptions from the regulations issued pursuant to section 340E-2 under conditions and in a manner consistent with the public interest; however, such variances or exemptions are not permitted under conditions less stringent than the conditions under which variances and exemptions may be granted under the Federal Act. [L 1976, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-4 Imminent hazards.

§340E-4 Imminent hazards.
The director, upon learning that a contaminant is present in or is likely to enter a public water system or an underground source of drinking water and may present an imminent and substantial danger to the public, may take such actions necessary to protect the health of the public. The actions which the director may take include but are not limited to:
(1) Issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), including requiring the provision of alternative water supplies by persons who caused or contributed to the endangerment; and
(2) Commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. [L 1976, c 84, pt of §1; am L 1984, c 268, §1; am L 1987, c 165, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-4.5 Tampering with public water systems, penalties.

§340E-4.5 Tampering with public water systems, penalties.
(a) Any person who tampers with a public water system, attempts to tamper with a public water system, or threatens to tamper with a public water system shall be imprisoned for not more than five years and fined an amount not exceeding $500,000. If the person is an individual, the fine shall not exceed $250,000.
(b) Any person who tampers, attempts to tamper, or threatens to tamper with a public water system shall be civilly penalized not more than $50,000.
(c) For the purposes of this section, the term "tamper" shall mean:
(1) To introduce a contaminant into a public water system with the intention of harming persons; or
(2) To otherwise interfere with the operation of a public water system with the intention of harming persons. [L 1987, c 165, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-4.6 Inspection of premises.

§340E-4.6 Inspection of premises.
The director, in accordance with rules adopted pursuant to chapter 91, may enter and inspect any facility of a supplier of water to determine whether such supplier is acting in compliance with this part. [L 1987, c 165, pt of §1]
Revision Note
"Part" substituted for "chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-4.7 Notification to users of potential lead contamination.

§340E-4.7 Notification to users of potential lead contamination.
Before June 19, 1988, every public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either the lead content in the construction materials of the public water distribution system or corrosivity of the water supply sufficient to cause leaching of lead, or both. The notice shall provide a clear and readily understandable explanation of the following:
(1) The potential sources of lead in the drinking water;
(2) The potential adverse health effects;
(3) The reasonably available methods of mitigating known or potential lead content in drinking water;
(4) Any steps the system is taking to mitigate lead content in drinking water; and
(5) The necessity for seeking alternative water supplies, if any.
The failure to comply with the notification required in this section shall subject the supplier of water to the same penalties under section 340E-6. [L 1987, c 165, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-4.8 Water catchment systems.

§340E-4.8 Water catchment systems.
(a) The department shall establish a program to conduct annual testing of water from water catchment systems for lead and copper. Any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs shall be eligible to participate in the program, subject to the department's procedures and guidelines and the availability of program funds. Residents shall utilize a certified private analytical laboratory specified by the department or the department may conduct the tests. Participating residents shall pay $25 for the tests and the department shall cover the remainder of the testing cost. One set of tests a year for each legal dwelling may be requested under this program.
(b) The department shall establish procedures and guidelines for the testing which shall:
(1) Identify sampling and analytical protocols;
(2) Specify report and notice requirements; and
(3) Determine participation eligibility procedures and requirements.
(c) The department shall establish a nonregulatory program that provides technical assistance to any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs for the purpose of improving water quality in that system. To the extent practicable, the department shall assist the resident by recommending practical and affordable methods to improve water quality, based on the specific design and conditions of the water catchment system. [L 1997, c 218, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-5 Plan for emergency provision of water.

§340E-5 Plan for emergency provision of water.
The director shall promulgate a plan for the provision of safe drinking water under emergency circumstances. When the director determines that emergency circumstances exist in the State with respect to a need for safe drinking water, the director may take such actions as necessary to provide water where it otherwise would not be available. [L 1976, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-6 Notification of users and department.

§340E-6 Notification of users and department.
(a) Whenever a public water system:
(1) Fails to comply with an applicable maximum contaminant level, treatment technique, or testing procedure requirement of a state primary drinking water regulation;
(2) Fails to perform monitoring required by regulations adopted by the director;
(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4) Is subject to an exemption; or
(5) Fails to comply with the requirements of any schedule prescribed by such a variance or exemption;
the public water system shall promptly notify the department, and in the case of a violation under [paragraph (1)], the local communications media, of the conditions and the extent to which they may impose adverse effects on public health and the corrective action being taken when appropriate.
(b) Notice of any violation determined by the director as posing a serious adverse health effect as a result of short term exposure shall be given as soon as practicable, but not later than twenty-four hours after the violation.
(c) The director shall prescribe by rules the form, content, and manner for giving notice. The rules may contain such additional public notification requirements as the director determines are necessary to best effectuate the purpose of this chapter, including consumer confidence reports, and may also contain alternative notice requirements as allowed by the Federal Act. [L 1976, c 84, pt of §1; am L 1977, c 66, §2; am L 1984, c 268, §2; am L 1987, c 165, pt of §1; am L 1997, c 218, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-7 Prohibited acts.

§340E-7 Prohibited acts.
(a) No supplier of water shall violate any rule adopted pursuant to section 340E-2.
(b) No supplier of water shall violate any condition or provision of a variance, exemption, permit, or other written authorization issued under this part.
(c) No supplier of water shall violate any requirement of an emergency plan promulgated pursuant to section 340E-5.
(d) No supplier of water shall violate any rule adopted under section 340E-6 or disseminate any false or misleading information with respect to notices required pursuant to section 340E-6 or with respect to remedial actions undertaken to achieve compliance with state primary drinking water regulations.
(e) No person shall violate any order issued by the director pursuant to this part.
(f) No person shall cause a public water system to violate the state primary drinking water regulations.
(g) No person shall violate underground injection control rules adopted pursuant to this part.
(h) No person shall fail or refuse to comply with the director's authority to inspect the premises of a supplier of water pursuant to section 340E-4.6.
(i) No person shall install or repair any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system with any pipe, solder, flux, plumbing fittings, or fixtures that are not lead free. "Lead free" with respect to solders and flux means containing not more than 0.2 per cent lead, with respect to pipes and pipe fittings means containing not more than 8.0 per cent lead and with respect to plumbing fittings and fixtures means those in compliance with National Sanitation Foundation Standard 61, section 9. This subsection shall not apply to leaded joints necessary for the repair of cast iron pipes.
(j) No person shall violate rules on public water system capacity adopted pursuant to this part. [L 1976, c 84, pt of §1; am L 1981, c 12, §1; am L 1987, c 165, pt of §1; am L 1997, c 218, §6; am L 2001, c 81, §1]
Revision Note
In subsections (b), (e), and (g), "part" substituted for "chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-9 Administration.

§340E-9 Administration.
The director may:
(1) Perform any and all acts necessary to carry out the purposes and requirements of this chapter;
(2) Administer and enforce the provisions of this chapter and all rules, regulations, and orders promulgated;
(3) Enter into agreements, contracts, or cooperative arrangements with any person;
(4) Receive financial and technical assistance from the federal government and other public or private agencies;
(5) Participate in related programs of any public or private agencies or organizations;
(6) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of an accounting for funds appropriated or received for the purpose of carrying out this chapter;
(7) Delegate those responsibilities and duties as appropriate for the purpose of administering the requirements of this chapter;
(8) Establish and collect fees for conducting plan reviews, inspections and laboratory analyses as necessary; and
(9) Prescribe such regulations as necessary to carry out the director's function under this chapter. [L 1976, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-21 Definitions.

§340E-21 Definitions.
As used in this part, unless the context requires otherwise:
"EPA risk assessment guidelines" means guidelines developed by the United States Environmental Protection Agency for the assessment of health risks from environmental pollutants and includes, but is not limited to, Guidelines for Estimating Exposures, Guidelines for Mutagenicity Risk Assessment, Guidelines for the Health Assessment of Suspect Developmental Toxicants, and Guidelines for the Health Risk Assessment of Chemical Mixtures.
"Federal drinking water guidelines" means a proposed maximum contamination level, health advisory, or other guidance developed by the United States Environmental Protection Agency to assist a state agency in responding to a contaminant in drinking water for which no maximum contamination level (MCL) is established.
"Interim action level" means a level established by the director of health for a contaminant in a public drinking water supply for which a maximum contamination level is not established by the EPA.
"Reliable analytical data" means information approved by the director as indicating the presence of a contaminant in a water sample at or above the limit of detection and developed according to generally recognized standards of good field practices and good laboratory practices for sampling and analysis of contaminants in water. [L 1987, c 297, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-22 Establishment of interim action levels.

§340E-22 Establishment of interim action levels.
(a) The director, upon identifying a contaminant in a public water system that may present an unacceptable health risk to the public, shall establish as soon as practicable, interim action levels for those contaminants for which maximum contamination levels have not been established by the United States Environmental Protection Agency. The director may utilize federal drinking water guidelines as interim action levels when appropriate.
(b) The director shall establish an interim action level at a level below which risks have been determined by the director to be acceptable. EPA risk assessment guidelines may be utilized to determine health risks from a chemical contaminant. When establishing an interim action level the director shall also consider water treatment or alternate remedial actions.
(c) The director shall distribute to appropriate government and private institutions for review and comment a draft risk assessment document describing the technical and scientific methods and parameters utilized to determine an interim action level. The director shall consider all comments received relating to the risk assessment and revise an interim action level if necessary. The draft risk assessment and all comments received by the director shall be made available to the public for review.
(d) The director, upon designating an interim action level for a contaminant, shall take such actions necessary to protect the health of the public including, but not limited to:
(1) Issuing guidance as may be necessary to protect the health of persons (including travelers) who are or may be users of a contaminated water supply system.
(2) Notifying the public through the media of the establishment of an interim action level. [L 1987, c 297, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 19. Health › 340E. Safe Drinking Water › 340E-23 Rules.

§340E-23 Rules.
The director, by rules adopted under chapter 91, may establish state standards which shall supersede interim action levels. As soon as practicable and within two years of the establishment of an interim action level, and every two years thereafter until a federal or state standard is established to supersede an interim action level, the director of health shall review all available scientific information to determine whether there is sufficient basis to establish a state standard to supersede an interim action level. Prior to adopting rules to establish state standards, the director shall conduct at least one public hearing to provide information to the public on the nature of the chemical contaminant under review and to afford the public an opportunity to present information and concerns to the department relating to the chemical contaminant under review. [L 1987, c 297, pt of §2(2)]