Hawaii Administrative Code

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…

(a) General prohibition. Without a permit or variance issued pursuant to section 11-46-7 or 11-46-8, no person within the State shall operate, from any premises or land owned, rented, leased, occupied, or controlled by that person, any excessive noise source. (b) Specific prohibi…

(a) Applicability. In accordance with section 342F-4, HRS, the director may grant, renew, modify, suspend, revoke, or deny permits to operate any excessive noise source which emits or may emit noise levels in excess of the maximum permissible sound levels specified in Table 1, Ma…

(a) Applicability. In accordance with section 342F-5, HRS, the director may grant, renew, modify, suspend, revoke, or deny variances to operate any excessive noise source which emits or may emit noise levels in excess of the maximum permissible sound levels specified in Table l, …

(a) The director may adopt procedures which set forth criteria for the measurement of sound. Such procedures may be in substantial conformity with standards and recommended practices established by the American National Standards Institute or the Society of Automotive Engineers, …

The purpose of this chapter is to state requirements for health care professionals and laboratory directors to report to the department, the diagnosis of any person afflicted with a designated environmentally-related illness or injury. Notes Haw. Code R. § 11-5-1 [Eff. ] (Auth: H…

As used in this chapter: "Case" refers to a person who has been diagnosed to have any of the diseases or conditions specified in table 1, "Reportable Environmentally-Related Illnesses and Injuries." "Department" means the department of health of the State of Hawaii. "Director" me…

(a) Report by physicians: any health care professional who has primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall report the occurrence of such illness to the department of health on Oahu. Any health car…

The diseases listed or described in table 1 entitled "Reportable Environmentally-Related Illnesses and Injuries," located at the end of this chapter are declared by the director to be potentially dangerous to public health and shall be reported to the department as specified to p…

In the event where confirmatory laboratory testing of the suspected agent is not possible or in cases of laboratory error, neither the reporting physician or laboratory director will be held legally liable for any error in reporting such a case, should the condition prove later t…

Every person who willfully violated any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars. Notes Haw. Code R. § 11-5-6 [Eff. ] (Auth. HRS §§ 321-1, 321-9, 321-18, 321-317) (Imp: HRS § 321-317) Eff. 10/…

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby." Notes Haw. Code R. § 11-5-7 [Eff. ] (Auth. H…

The purpose of this chapter is to define the minimum requirements for the processing, handling, and disposal of asbestos-containing material. It is also the purpose of this chapter to protect the general public by minimizing the release of asbestos fibers when facilities that con…

No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spr…

(a) Deposit all asbestos-containing material at a waste disposal site operated in accordance with the provisions of section 11-501-16. (b) Discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor and use the met…

Each owner or operator of any source regulated by the provisions of sections 11-501-6, 11-501-7, 11-501-8, and 11-501-9 shall: (1) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any asbes…

Each owner or operator of any inactive waste disposal site that was operated by sources regulated pursuant to section 11-501-4, 11-501-6, or 11-501-9 and received deposits of asbestos-containing waste material generated by the sources shall: (1) Comply with one of the following: …

(a) Any owner or operator who uses air cleaning, as specified in sections 11-501-4(a), 11-501-6(b)(1), 11-501-7(c)(3)(A)(ii), 11-501-7(c)(4)(B), 11-501-7(c)(6)(E), 11-501-8(2)(B), 11-501-11(c)(1)(A), 11-501-12(1)(A) (ii), 11-501-12(1)(B)(ii), and 11-501-17(5) shall: (1) Use fabri…

(a) Any new source to which this chapter applies, with the exception of sources subject to sections 11-501-5, 11-501-7, 11-501-8, and 11-501-10, which has an initial startup date preceding the effective date of this chapter, shall provide the following information to the director…

Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source regulated pursuant to section 11-501-11, 11-501-12 or 11-501-17 shall meet the requirements of this section: (1) There shall be no visible emissions to the outsi…

Each owner or operator of an operation that converts RACM and asbestos-containing waste material into non-asbestos (asbestos-free) material shall: (1) Obtain the prior written approval of the director to construct the facility. To obtain approval, the owner or operator shall prov…

In addition to this chapter, the regulations referenced in the following Table 1 also apply to asbestos and may be applicable to those sources specified in sections 11-501-4 through 11-501-13, 11-501-16, and 11-501-17. These cross-references are presented for the reader's informa…

As used in this chapter: "ACM" means asbestos-containing material. "Act" means the Clean Air Act (42 U.S.C. §7401 et seq.). "Active waste disposal site" means any disposal site other than an inactive site. "Adequately wet" means sufficiently mix or penetrate with liquid to preven…

The following recommended references incorporate additional precautions against potential hazards and subsequent liabilities associated with asbestos exposure: (1) 4 0 CFR Part 763, Subpart E, Appendix D, Transport and Disposal of Asbestos Waste, October 30, 1987. (2) 4 0 CFR Par…

(a) Each owner or operator of an asbestos mill shall discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, and shall use the methods specified by section 11-501-14 to clean emissions containing particulate asbestos material before …

No person shall construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, except for asbestos tailings if encapsulated in asphalt concrete meeting the specifications contained in Section 401 of Standard Specifications for Constr…

(a) This section applies to the following manufacturing operations using commercial asbestos for the manufacture of: (1) Cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials; (2) Cement products; (3) Fireproofing and insulating mate…

(a) To determine which requirements of this section apply to the owner or operator of a demolition or renovation activity, and prior to the commencement of any demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renov…

The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements: (1) For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than one per cent asbestos …

(a) This section applies to the following fabricating operations using commercial asbestos for the fabrication of: (1) Cement building products; (2) Friction products, except those operations that primarily install asbestos friction materials on motor vehicles; and (3) Cement or …

(a) This chapter requires the local education agencies to identify friable and nonfriable asbestos-containing material in public and private elementary and secondary schools by visually inspecting school buildings for such materials, sampling such materials if they are not assume…

(a) The local education agency shall implement an operations, maintenance, and repair program pursuant to this section whenever any friable ACBM is present or assumed to be present in a building that it leases, owns, or otherwise uses as a school building. Any material identified…

(a) The local education agency shall ensure, prior to the implementation of the operations, maintenance, and repair provisions of the management plan, that all members of its maintenance and custodial staff (custodians, electricians, heating and air conditioning engineers, plumbe…