Hawaii Administrative Code

(a) If a container of storage vessel holds a mixture or solution of an extremely hazardous substance, then the concentration of extremely hazardous substance, in weight per cent (greater than one per cent), shall be multiplied by the mass (in pounds) in the vessel to determine th…

Extremely hazardous substances and their applicable threshold planning quantities and reportable quantities are those substances and quantities listed at title 40 rode of Federal Regulations part 355, appendices A and B, as amended. Notes Haw. Code R. § 11-453-19 [Eff NOV 05 2010…

The following words or terms, when used in this chapter, shall have the following meanings: "Administrator" means the administrator of the United States Environmental Protection Agency. "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act of 198…

(a) The requirements of this subchapter apply to any facility at which: (1) A hazardous chemical is produced, used or stored; and (2) There is release of a reportable quantity of any hazardous substance or extremely hazardous substance within any 24-hour period. Certain releases …

(a) This section designates the extremely hazardous substances and hazardous substances subject to release notification requirements contained in section 11-453-23. (b) Extremely hazardous substances are those substances and quantities listed in title 40 Code of Federal Regulatio…

(a) This section designates the reportable quantities for the extremely hazardous substances and hazardous substances designated pursuant to section 11-453-21. (b) The reportable quantities for extremely hazardous substances will be their respective reportable quantities as defin…

(a) The owner or operator of a facility shall make two separate notifications to comply with the emergency release notification requirements of this subchapter: an immediate notification, and as soon as practicable thereafter a written follow-up emergency-notification (or notific…

Facilities subject to the emergency release notification requirements of this subchapter must also comply with the release notification requirements for all other applicable statutes and rules including but not limited to hazardous substances established in sections 11-451-4 thro…

(a) The requirements of this subchapter apply to each owner or operator of a facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970, as amended, title 15 United State…

An owner or operator described in section 11-453-25 shall complete a list of hazardous chemicals present at the facility by March 1 of each year and submit a material safety data sheet for such a hazardous chemical to the commission, committee or fire department having jurisdicti…

(a) An owner or operator described in section 11-453-25 shall submit a State of Hawaii chemical inventory (tier II) form using options provided by the department of health, hazard evaluation and emergency response office by March 1 of each year for all hazardous substances, extre…

The owner or operator of a facility described in section 11-453-25 shall submit a tier II form to the department of health, hazard evaluation and emergency response office, committee, or the fire department having jurisdiction over the facility upon request of such persons. The t…

(a) An owner or operator described in section 11-453-25 shall submit an emergency response plan along with their submittal of the State of Hawaii chemical inventory form (tier II) to the department of health, hazard evaluation and emergency response office, committee, and the fir…

Reference to title 40 Code of Federal Regulations shall mean (unless otherwise specifically provided) the Superfund, Emergency Planning and Community Right-to-Know Act Regulations, July 2010. Notes Haw. Code R. § 11-453-3 [Eff NOV 05 2010] (Auth: HRS §§ 128E-1, 128E-2) (Imp: HRS …

The owner or operator a facility will submit a notice to the commission, committee, and fire department indicating that the facility is no longer subject to the hazardous chemical reporting requirements of this subchapter when the facility no longer meets a minimum reporting thre…

(a) The owner or operator of a facility subject to toxic, chemical release recordkeeping and reporting as described in title 40 Code of Federal Regulations part 372 shall comply with the requirements of such part. (b) Facilities that submit toxic chemical release data to the U.S.…

Facilities that are required to report according to section 11-453-27 shall remit $100 with each submission of chemical inventory forms or tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this section shall be deposited i…

(a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, HRS for the purpose of administration and oversight of this chapter. (b) All moneys t…

(a) To obtain information regarding a specific hazardous chemical or extremely hazardous substance at a specific facility, local emergency response plan, or notice regarding a reportable toxic chemical release, a person shall submit a written request to the committee or commissio…

(a) Any person asserting trade secrecy claims for chemical identity information collected under this chapter shall follow the procedures established by the U.S. Environmental Protection Agency described at title 40 Code of Federal Regulations part 350 (Trade Secret Claims for Eme…

(a) Whenever, on the basis of information available, the commission finds that, any person has violated or is in violation of the Hawaii Emergency Planning and Community Right-to-Know Act, 128E, HRS, or any rule or regulation adopted pursuant thereto, the commission: (1) Shall ca…

(a) Any person who violates any of the emergency reporting, planning, or notification requirements of sections 128E-6, and 128E-7, HRS or rules or regulations adopted pursuant, or fails to pay the fees required by section 128E-9, HRS and section 11-453-32, Shall be subject to a c…

(a) Officials of the department are authorized to enter during normal operating hours any facility or other area of a facility; to inspect and investigate during normal operating hours within reasonable limits and in a reasonable manner, any such facility; and to review records w…

(a) The intent of this section is to authorize and promote the development of electronic business by the commission and the committees, and the section shall be interpreted broadly. (b) The commission and committees may each separately or jointly authorize the submission of repor…

The Hawaii state emergency response commission is created pursuant to section 128E-2(a), HRS, and is placed within the department for administrative purposes and carries out the requirements of this chapter. Notes Haw. Code R. § 11-453-5 [Eff NOV 05 2010] (Auth: HRS § 128E-2) (Im…

(a) The governor shall appoint the commission members as described in section 128E-2(b), HRS. (b) Commission members are subject to the requirements of section 128E-2(c) to (g), HRS. Notes Haw. Code R. § 11-453-6 [Eff NOV 05 2010] (Auth: HRS § 128E-2) (Imp: HRS § 128E-2)…

The commission shall perform duties and responsibilities as described in section 128E-2(g), HRS. Notes Haw. Code R. § 11-453-7 [Eff NOV 05 2010] (Auth: HRS § 128E-2) (Imp: HRS § 128E-2)

In addition to other specific powers provided in this chapter, the commission may appoint, without regard to chapter 7 6 HRS, hearing officers to conduct public participation activities, including public hearings and public information meetings. Notes Haw. Code R. § 11-453-8 [Eff…

(a) No commission member shall be liable for the death of or any injury to persons, the loss of or damage to property, or any civil damages, resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the commission, except …

It is the purpose of this chapter to define the maximum permissible sound levels, and to provide for the prevention, control, and abatement of noise pollution in the State from the following excessive noise sources: stationary noise sources; and equipment related to agricultural,…

Persons conducting noise measurements for the enforcement of this chapter shall have been trained in the techniques of sound measurement and the operation of sound level meters and other sound measuring instruments and shall have been certified by the director. Notes Haw. Code R.…

In order to implement and enforce this chapter and for the general purpose of prevention, control, and abatement of noise pollution in the State, the director shall have, in addition to any other vested authority, the power to: (1) Conduct research programs for the purpose of det…

(a) The director upon receiving reports of, or identifying any actual or suspected excessive noise source, is authorized, upon presenting appropriate credentials to the owner, operator, or agent in charge: (1) To enter at all reasonable hours, any premises, to conduct an investig…

The council of any county may adopt and provide for the enforcement of ordinances regulating any matter relating to excessive noise. No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provid…

(a) Initial violation. If the director determines that any person has violated or is violating this chapter, or any condition of a permit, variance, or modification issued pursuant to this chapter, the director: (1) Shall cause written notice to be served upon the alleged violato…

(1) The director may require that the owner, operator, or agent of any premises establish and maintain all pertinent records. (2) The director shall have access to all pertinent records. (3) The director may require that the owner, operator, or agent of any premises develop and s…

(a) Any person who violates any provision of this chapter, or. any permit, variance, or modification issued pursuant to this chapter, shall be subject to fines of not more than $10,000 for each separate offense. Each day of violation shall constitute a separate offense. Any actio…

(a) Any person who commits a violation of this chapter may be issued a summons or citation for such violation by any person authorized to enforce this chapter, hereinafter referred to as enforcement officer. (b) The summons or citation shall warn the person to appear and answer t…

(a) In addition to any other administrative or judicial remedy provided by this chapter, the director is authorized to impose by order the penalties specified in section 342F-9(b) and (c), HRS, and section 11-46-16. (b) Factors to be considered in imposing an administrative penal…

The director may institute a civil action in any 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 …

' As used in this chapter, unless the context otherwise requires: "Activity" means an act or combination of acts which create noise, and which is associated with any excessive noise source. "Agricultural activities" means any or all activities necessary or incidental for the purp…

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. Note…

No part of this chapter shall be allowed as a defense against suit brought by any person for damage alleged to occur as a result of noise. Notes Haw. Code R. § 11-46-21 [Eff SEP 23 1996] (Auth: HRS §§ 342F-3, 342F-31) (Imp: §§ 342F-3, 342F-31)

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, and the application of the chapter to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-46-22 [Eff SEP 2…

This section shall describe the zoning districts as specified in Table 1, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4: (1) Class A zoning districts include all areas equivalent to lands zoned residential, conservation, pre…

(a) The maximum permissible sound levels specified in Table 1, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources: stationary noise sources; and equipment related to agricultural, construction, and industrial activities. Ta…

This chapter shall not apply to the following: (1) Any authorized emergency vehicle or vehicles responding to an emergency call or acting in an emergency; (2) The sounding of any emergency signaling device, including but not limited to civil defense warning systems, burglar and f…