Hawaii · statute · Haw. Rev. Stat. ch. 342H · 42 active provisions
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. "Department" means the department of health. "Director" means the director…
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.
The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested in the department to investigate alleged violations of section 342H-30(c).
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting solid waste. All rules shall be adopted pur…
(a) An application for any permit required under this chapter shall be in a form prescribed by the director. (b) The department may require that applications for permits be accompanied by plans, specifications, and any other information it deems necessary in order for it to determine whether the proposed installation,…
(a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to applicable standards, and such other information as the department may by rule prescribe. (b) Each appli…
The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, any permit or varianc…
(a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter, the director may do any one or more of the following: (1) Issue an order assessing an administrative…
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the disposal of solid waste or any combination of discharges of other waste that requires immediate action, the governor or the director, without a…
(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a 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…
(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 342H-9(a) and (b). (b) Factors to be considered in imposing an administrative penalty include: (1) The nature a…
Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting…
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 c…
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). The fees sh…
Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department 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…
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 ap…
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.
All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department.
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.
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Except as provided in section 342H-30(c), any county may adopt ordinances and rules governing any matter relating to solid waste management that is not governed by a rule of the department adopted pursuant to this cha…
All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State.
No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials that have been segregated from solid waste and placed at design…
(a) No person, including any public body, shall engage in the operation of an open dump. (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director. (c) No person, including any public body, shall discard, dispose of, deposit, dis…
The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems.
The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the form prescribed by the director. The plans or reports shall be made…