reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-87 Revolving fund; conditions.

§342D-87 Revolving fund; conditions.
(a) The following conditions shall apply to each project receiving water pollution control financing under this part:
(1) The project shall conform with the state water quality management plan developed under title 33 United States Code section 1285(j), 1288, 1313(e), 1329, or 1330;
(2) The project shall be certified by the director as entitled to priority over other eligible projects on the basis of financial and water pollution control needs;
(3) In the case of wastewater treatment works construction projects, the application or agreement for the loan shall contain:
(A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the treatment works after its construction;
(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; and
(C) Any other provisions required by federal or state law or deemed necessary or convenient by the director;
(4) The county or state agency receiving these funds for a construction project shall require the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects; provided that 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 any other standards as may be required by the respective county for all new residential and public buildings; and
(5) The county receiving these funds shall take specific steps to reduce polluted runoff into state waters through educational and regulatory programs.
(b)
The use of federal funds and state matching funds in the revolving fund shall be in conformance with title 33 United States Code sections 1381 to 1387.
(c) The director may make and condition loans from the revolving fund which shall:
(1) Be made at or below market interest rates; and
(2) Require periodic payments of principal and interest with repayment commencing not later than one year after completion of the project for which the loan is made;
provided that all loans shall be fully amortized upon the expiration of the term of the loan.
(d)
No loan of funds from the revolving fund shall be made unless the loan recipient pledges a dedicated source of revenue for the repayment of the loans. This pledge may be a county's full faith and credit (a general obligation payable from its general fund), special assessments, revenues from an undertaking, system, or improvements, including user charges, or any other source of revenue.
(e) Notwithstanding section 414D-85 to the contrary, the director may hold individual members of the nonprofit organization that received the loan jointly and severally liable for the nonpayment or default of the loan.
[L 1997, c 221, pt of §1; am L 2016, c 240, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-88 Revenue bonds; authorization.

§342D-88 Revenue bonds; authorization.
(a) The director of health, with the approval of the governor and the [director of finance], may issue revenue bonds at such times and in such amount or amounts, not to exceed $250,000,000 in aggregate principal, as may be necessary to carry out the purposes of this part.
(b) All such bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.
(c) The resolution or certificate providing for the issuance of the bonds may provide that all or part of the proceeds of the bonds shall be deposited in the revolving fund, where the proceeds shall be held and invested in a separate account or accounts until used in accordance with section 342D-84. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-89 Revenue bonds; payment and security.

§342D-89 Revenue bonds; payment and security.
(a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the water pollution control loan program for which the revenue bonds are issued, including:
(1) Any repayment of eligible loans or other agreements entered into for the water pollution control loan programs;
(2) Revenues derived from insurance proceeds; and
(3) Reserve accounts and earnings thereon.
(b) The director may pledge any and all revenues derived from the water pollution control loan program to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.
(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note, other undertaking, or obligation held by the director or the department to secure the loans.
(d) The director may issue such types of bonds as the director may determine, including bonds on which the principal and interest are payable exclusively from the income and revenues of the water pollution control loan program. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-90 Revenue bonds; amount issued.

§342D-90 Revenue bonds; amount issued.
The director may include the costs of undertaking, administering, operating, and maintaining the water pollution control loan programs for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking, administering, operating, and maintaining the loan programs, the director may include the cost of studies and surveys; insurance premiums; underwriting fees; financial consultants, legal, accounting, and other services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period not to exceed one year beyond the estimated completion of the loan projects for which the bonds are issued. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-91 Revenue bonds; investment of proceeds, and redemption.

§342D-91 Revenue bonds; investment of proceeds, and redemption.
Subject to any agreement with the holders of its revenue bonds, the director may:
(1) Invest moneys not required for immediate use, including proceeds from the sale of any revenue bonds, funds held in reserve or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. No provisions with respect to the investment of moneys or the acquisition, operation, or disposition of property by other public bodies shall be applicable to the director or department unless the legislature shall specifically so state; and
(2) Purchase revolving fund revenue bonds out of any fund or money available therefor, and hold, cancel, or resell the revenue bonds. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-92 Trustee; designation; duties.

§342D-92 Trustee; designation; duties.
The director may designate a trustee for each issue of revenue bonds secured under the same indenture; provided that the trustee may be approved by the director of finance. The trustee may have any duties and functions authorized by part III of chapter 39, as deemed necessary, advisable, or expedient by the director for the purposes of this part. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-93 Trust indenture.

§342D-93 Trust indenture.
(a) Any trust indenture entered into by the director may contain covenants and provisions as authorized by part III of chapter 39, and approved by the director of finance, as deemed necessary, advisable, or expedient by the director for the purposes of this part.
(b) A trust indenture may also contain provisions deemed necessary, advisable, or expedient by the director to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the water pollution control loan program or in the financing of the costs of administering, operating, or maintaining the water pollution control loan program to which such trust indenture relates. [L 1997, c 221, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-101 Definitions.

§342D-101 Definitions.
As used in this part:
"Commercial passenger vessel" means a vessel that carries passengers for hire. The term does not include a vessel:
(1) Authorized to carry fewer than fifty passengers;
(2) That does not provide overnight accommodations for at least fifty passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin; or
(3) Operated by the United States or a foreign government.
"Discharge" means any release, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.
"Hazardous substance" has the same meaning as defined in section 342D-38.
"Hazardous waste" has the same meaning as defined in section 342J-2.
"Large commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for two hundred fifty or more passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin.
"Marine waters of the State" means those waters between the shoreline of the State and any point three nautical miles from the shoreline of the State.
"Offloading" means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works.
"Other wastewater" means sewage that is stored in or transferred to a ballast tank or other holding area on the vessel that may not be customarily used for storing sewage.
"Passengers for hire" means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
"Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste.
"Small commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for two hundred forty-nine or fewer passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin.
"Treated sewage" means sewage that meets all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same.
"Untreated sewage" means sewage that is not treated sewage.
"Vessel" means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion.
"Voyage" means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip. A vessel trip involving stops at more than one port of call is considered a single voyage so long as the majority of passengers for hire complete the entire trip.
"Wastewater" shall have the same meaning as "other wastewater". [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-103 Prohibited air emissions.

§342D-103 Prohibited air emissions.
(a) No person shall operate an incinerator of a large commercial passenger vessel in any Hawaiian port for the combustion of any waste materials.
(b) Except as provided under section 342D-106, large commercial passenger vessels shall limit visible emissions, excluding condensed water vapor, to no more than twenty per cent opacity for periods of time exceeding six minutes in any sixty-minute period except for the following:
(1) When the ship is maneuvering to or from the dock or anchor;
(2) In the event of a navigational or safety concern on the ship; or
(3) In the event of an equipment failure; provided that the cruise line shall upon request, provide information to the department that describes the subject equipment, malfunction, corrective actions taken, and the start and end times of the malfunctioning period. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-104 Information-gathering requirements.

§342D-104 Information-gathering requirements.
(a) Except as provided under section 342D-111, the owner or operator of a commercial passenger vessel shall maintain records and, upon request of the department, provide to the department a report, with copies of the records related to the period of operation in the marine waters of the State, detailing the dates, times, and locations, and the volumes or flow-rates of any discharge of sewage or other wastewater into the marine waters of the State, or the opacity of air emissions.
(b) Except as provided under section 342D-111, while a commercial passenger vessel is present in the marine waters of the State, the owner or operator of the vessel shall collect routine samples of the vessel's treated sewage and other wastewater that are being discharged into the marine waters of the State with a sampling technique approved by the department before the sample is collected. The number of routine samples for each vessel to be collected under this subsection shall be the greater of two per calendar year or the number of samples required to be collected under federal laws and regulations for sewage or other wastewater discharges.
(c) Except as provided under section 342D-111, while a commercial passenger vessel is present in the marine waters of the State, the department through an independent contractor may collect additional samples of the vessel's treated sewage that are being discharged into the marine waters of the State, or monitor the opacity of air emissions.
(d) Except as provided under section 342D-111, the owner or operator of a vessel required to collect samples under subsection (b) shall, as required by the department, have the samples tested. Tests required may include tests for fecal coliform, ammonia, residual chlorine, pH (degree of acidity or alkalinity), chemical oxygen demand, biochemical oxygen demand, total suspended solids, and any other parameters as required by the department. An analytical testing method approved by the department before the testing is conducted shall be used. A laboratory used for testing under this subsection shall agree not to disclose the testing results to any person other than to the department, the United States Coast Guard, or the owner or operator of the vessel.
(e) The owner or operator of a commercial passenger vessel shall pay for all routine sampling under subsection (b), additional sampling under subsection (c), and for the testing of routine samples.
(f) If the owner or operator of a commercial passenger vessel, when complying with another state or federal law that requires substantially equivalent information gathering, has gathered the type of information required under subsection (a), (b), or (d), the owner or operator shall be considered to be in compliance with that subsection so long as the information is also provided to the department. The department shall establish, by rule, requirements for determining substantially equivalent information gathering. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-105 Recordkeeping requirements.

§342D-105 Recordkeeping requirements.
An owner or operator subject to section 342D-104 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-106 Reporting requirements.

§342D-106 Reporting requirements.
(a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of section 342D-102 shall immediately report that discharge to the department. The report shall not be deemed to be privileged information.
(b) Before operating a commercial passenger vessel in the marine waters of the State, the owner or operator of the vessel shall provide to the department a plan that describes the vessel's policies and procedures for:
(1) Offloading in the State or disposing into the marine waters of the State of nonhazardous solid waste other than sewage; and
(2) Offloading of hazardous waste or a hazardous substance from the vessel while the vessel is operating in the marine waters of the State to the extent that the offloading is not covered by subsection (d).
(c) Within twenty-one days after the testing required under section 342D-104(d), the owner or operator of a commercial passenger vessel shall submit a written report to the department that contains the measurements required under section 342D-104(d) and describes the sampling technique and analytical testing methods used. The information in the report required under this subsection may be provided by referring to, and including copies of, other reports that are required by substantially equivalent state or federal reporting requirements. The department shall establish, by rule, requirements for determining substantially equivalent information gathering.
(d) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the laws of the United States to file a report or provide notice of a discharge or offloading of a hazardous waste or hazardous substance that was generated, discharged, or offloaded while the vessel was operating in the marine waters of the State, the owner or operator shall submit to the department a copy of the report or notice within twenty-one days after having provided the report or notice to an agency of the United States.
(e) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the administrator of the Environmental Protection Agency or the secretary of the federal department in which the United States Coast Guard is operating to collect samples and test sewage or opacity of air emissions and keep records of the sampling and testing, then the owner or operator, within twenty-one days after the sewage or opacity of air emissions is tested, shall submit to the department a copy of the records.
(f) Upon request of the department, the information required under this section shall be submitted electronically.
(g) This section does not relieve the owner or operator of a commercial passenger vessel from other applicable reporting requirements of state or federal law.
(h) The requirements of this section are subject to alternative terms and conditions established under section 342D-111. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-107 Memorandum of understanding; recognition program.

§342D-107 Memorandum of understanding; recognition program.
(a) Nothing contained in this part shall prevent the State from:
(1) Entering into voluntary agreements with any owners or operators of commercial passenger vessels, or their representatives, for the purpose of controlling pollution outside the marine waters of the State; or
(2) Adopting pollution controls more stringent than those contained in this part.
(b) The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-108 Exemption for vessels in innocent passage.

§342D-108 Exemption for vessels in innocent passage.
This part does not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the State, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations Publication No. E.83.V.5, 21 I.L.M. 1261 (1982), were the vessel a foreign-flag vessel. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-109 Activities of the department.

§342D-109 Activities of the department.
The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the State:
(1) Direct in-water monitoring of discharges or releases of sewage and direct monitoring of the opacity of air emissions from those vessels;
(2) Monitoring and studying of direct or indirect environmental effects of those vessels; and
(3) Researching ways to reduce effects of those vessels on marine waters and other coastal resources. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-110 Fine schedules for illegal discharges.

§342D-110 Fine schedules for illegal discharges.
(a) Any person who fails to comply with any requirement of this part shall be subject to the fines established by the department pursuant to subsection (b).
(b) The department shall by rule under chapter 91, establish fines for the failure to comply with any requirement of this part. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-111 Alternative terms and conditions of vessel discharges.

§342D-111 Alternative terms and conditions of vessel discharges.
(a) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106 or who wishes to use or test alternative environmental protection equipment or procedures. Except as specified in alternative terms and conditions set by the department under this subsection, the alternative terms and conditions of vessel discharges must require compliance with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106. The department, on a case-by-case basis, may set alternative terms and conditions of vessel discharges if:
(1) The vessel owner or operator demonstrates to the department's reasonable satisfaction that equivalent environmental protection can be attained through other terms or conditions appropriate for the specific configuration or operation of the vessel;
(2) The vessel owner or operator agrees to make necessary changes to the vessel to allow it to comply with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106 but demonstrates to the department's reasonable satisfaction that additional time is needed to make the necessary changes; or
(3) An experimental technology or method for pollution control of a discharge is being used or is proposed as one of the alternative terms and conditions of vessel discharges, and the department determines that the experimental technology or method has a reasonable likelihood of success in providing increased protection for the environment.
(b) Alternative terms and conditions of vessel discharges approved by the department under subsection (a), if determined appropriate by the department, may include a waiver by the department of portions of the requirements of sections 342D-102, 342D-103, and 342D-104 for the time period that the department determines to be appropriate. [L 2005, c 217, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342E. Nonpoint Source Pollution Management and Control › 342E-1 Definitions.

§342E-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Department" means the department of health.
"Director" means the director of health.
"Nonpoint source pollution" means water pollution that does not originate from a point source.
"Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity.
"Point source pollution" means pollution from any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.
"Pollution" means water pollution.
"Program" means the nonpoint source pollution management and control program established within the department pursuant to this chapter.
"State waters" means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded.
[L 1993, c 345, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342E. Nonpoint Source Pollution Management and Control › 342E-2 Nonpoint source pollution management and control program; rules.

§342E-2 Nonpoint source pollution management and control program; rules.
(a) There is established within the department a nonpoint source pollution management and control program to administer, enforce, and carry out all laws, rules, and programs relating to nonpoint source pollution in the State. The program may request the assistance of the clean water branch staff of the department, whenever necessary, in administering this chapter and, upon request, shall assist in the implementation and enforcement of chapter 342D.
(b) The nonpoint source pollution management and control program shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
[L 1993, c 345, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342E. Nonpoint Source Pollution Management and Control › 342E-4 Civil penalties.

[ §342E-4] Civil penalties.
(a) Any person who violates any rule adopted under this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
(b) Any person who denies, obstructs, or hampers the entrance to and inspection by any duly authorized officer or employee of the department of any building, place, or vehicle shall be fined not more than $5,000 for each day of such a denial, obstruction, or hampering. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
(c) Any fine or penalty collected shall be placed in the environmental response revolving fund pursuant to section 128D-2.
[L 1993, c 345, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-1 Definitions.

§342F-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Complaint" means any written charge filed with or by the department that a person is violating any provision of this chapter or any rule or order adopted pursuant to this chapter.
"dBA" means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "A" weighting network.
"dBC" means the C-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "C" weighting network.
"Decibel" means the unit for measuring the volume of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (0.0002 dynes per square centimeter).
"Department" means the department of health.
"Director" means the director of health.
"Excessive noise" means the presence of sound as measured by standard testing devices as established by the noise rules adopted by the department of a volume or in quantities and for durations which endangers human health, welfare or safety, animal life, or property or which unreasonably interferes with the comfortable enjoyment of life and property in the State or in such areas of the State as are affected thereby.
"Off-hour roadwork" means any roadway construction between the hours of 6 p.m. and 7 a.m., which would require a variance from the committee on noise rules in the department of health.
"Party" means each person or agency named as party or properly entitled to be a party in any court or agency proceeding.
"Permit" means written authorization from the director to construct, modify, or operate any excessive noise source. A permit authorizes the grantee to cause or emit excessive noise in a manner or amount, or to do any act, not forbidden by this chapter or by rules adopted under this chapter, but requiring review by the department.
"Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity.
"Pollution" means excessive noise.
"Variance" means special written authorization from the director to cause or emit excessive noise in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules adopted under this chapter.
"Vehicle" means any device in, upon, or by which any person or property is or may be transported or drawn, including boats and ships. [L 1989, c 212, pt of §3; am L Sp 2009, c 25, §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-2 Administration.

§342F-2 Administration.
The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-3 Duties, rules, powers, appointment of hearings officers.

§342F-3 Duties, rules, powers, appointment of hearings officers.
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate noise pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting noise pollution. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.
(b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-4.5 Projects exempt from noise permit requirements.

§342F-4.5 Projects exempt from noise permit requirements.
(a) Except as provided in subsection (b), any construction project:
(1) For a dwelling; or
(2) With a total cost of less than $250,000 based on the value of the project listed on the building permit,
shall be exempt from the noise permit requirements of section 342F-4; provided that written notification of the intent to construct shall be submitted to the department by the person responsible for the construction project. The notification shall include information concerning the person responsible for the construction project, type of construction, location, and estimated duration of the construction project. The notification also shall include an acknowledgment that the construction project shall be subject to operational times and a maximum noise level of seventy-eight decibels when measured at any point at or beyond the property line of the construction premises.
(b) The exemption in subsection (a) shall not apply to any construction project which:
(1) Emits noise in excess of the maximum permissible sound levels established under the state community noise code adopted by the department which occur:
(A) Before 7:00 a.m. and after 6:00 p.m. on Monday to Friday;
(B) Before 9:00 a.m. and after 6:00 p.m. on Saturday; and
(C) On Sunday and holidays; or
(2) Uses hoe-rams or pile drivers;
provided that subsection (a) shall not apply to a construction project that emits noise exceeding seventy-eight decibels, regardless of the time of occurrence of the noise.
(c) Violation of this section shall be subject to a fine not exceeding $100 per violation; provided that each day of a violation shall constitute a separate offense; and provided further that a violation exceeding five days shall be subject to the penalties under section 342F-9(b).
(d) As used in this section:
"Construction" means any or all activities including those activities necessary or incidental to the erection, demolition, renovation, or alteration of buildings.
"Dwelling" means a room or rooms connected together constituting an independent housekeeping unit for an individual or a family, and containing facilities for bathing, cooking, or both.
"Notification" means a formal notice to the department of the intent to construct a project exempt from noise permit requirements under subsection (a). [L 1999, c 57, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-6 Inspection of premises.

§342F-6 Inspection of premises.
The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of excessive noise shall be disclosed by the official or employee except as it relates directly to excessive noise and then, only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-8 Emergency powers; procedures.

§342F-8 Emergency powers; procedures.
(a) Notwithstanding any other law to the contrary, if the director determines that an imminent peril to the public health and safety is or will be caused by excessive noise, which requires immediate action, the director, with the approval of the governor and without public hearing, may order any person causing or contributing to the excessive noise to immediately reduce or stop such emission, or the director may take any and all other actions as may be necessary. Such order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-9 Penalties.

§342F-9 Penalties.
(a) Violation of the vehicular noise control rules adopted by the department pursuant to this chapter shall constitute a violation as defined in section 701-107 and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $2,500 for each separate offense. Each day of violation shall constitute a separate offense.
(b) Any person who violates this chapter, any rule adopted pursuant to this chapter, other than vehicular noise control rules, or any permit or variance issued pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection, other than the penalty imposed for violations of vehicular noise control rules, shall be considered a civil action.
(c) 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 $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §3; am L 1991, c 157, §14; am L 1995, c 180, §17; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-10 Citation.

§342F-10 Citation.
Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation by any person authorized to enforce such rules, hereinafter referred to as enforcement officer. The summons or citation shall be printed in the form hereinafter described, warning such person to appear and answer to the charge against the person at a certain place and at a time within seven days after the issuance of such summons or citation.
The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.
The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.
Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
In the event any person fails to comply with a summons or citation issued to such person, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation is a misdemeanor. [L 1989, c 212, pt of §3; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-11 Administrative penalties.

§342F-11 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 342F-9(b) and (c).
(b) Factors to be considered in imposing an administrative penalty include:
(1) The nature and history of the violation and of any prior violations;
(2) The economic benefit, if any, resulting from the violation;
(3) The opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply; and
(5) Any other matters that justice may require.
(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §3; am L 1995, c 180, §18]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-11.5 Disposition of collected fines and penalties.

§342F-11.5 Disposition of collected fines and penalties.
Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-12 Injunctive and other relief.

§342F-12 Injunctive and other relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §3; am L 1995, c 180, §19; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-13 Appeal.

§342F-13 Appeal.
If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §3; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-14 Fees.

§342F-14 Fees.
The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). All fees collected pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7. [L 1989, c 212, pt of §3; am L 1994, c 169, § §5, 9; am L 1996, c 164, §1; am L 1998, c 311, § §16, 19]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-14.5 Fees for notification.

§342F-14.5 Fees for notification.
The director may establish reasonable fees for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community noise rules. [L 1999, c 57, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-15 Public records; confidential information; penalties.

§342F-15 Public records; confidential information; penalties.
Reports submitted to the department on the emission of excessive noise 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 342F-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §3]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-16 Nonliability of department personnel.

§342F-16 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 342F-15. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-17 Other action not barred.

§342F-17 Other action not barred.
No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-19 Other powers of department not affected.

§342F-19 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 §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-20 Effect of laws, ordinances, and rules.

§342F-20 Effect of laws, ordinances, and rules.
Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17. [L 1989, c 212, pt of §3; am L 1999, c 265, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-21 Priority in courts.

§342F-21 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 §3]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-30 Prohibition.

§342F-30 Prohibition.
No person, including any public body, shall engage in activity which produces excessive noise without first securing approval in writing from the director; provided that this section shall not apply to any school activity which is approved by school authorities. For purposes of this section, "school activity" means a public or private school function for students up through the twelfth grade which is approved by the school principal or an authorized representative. These activities shall be limited to the hours of 7:00 a.m. to 10:00 p.m. [L 1989, c 212, pt of §3]
Cross References
Noise and climate control at school facilities, see §302A-1501.
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-30.5 Noise control. By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of any conflict between this section and section 46-17, section 46-17 shall govern. [L 1995, c 200, §2]

§342F-30.5
Noise control.
By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of any conflict between this section and section 46-17, section 46-17 shall govern. [L 1995, c 200, §2]