Hawaii Administrative Code

(a) This chapter does not limit the director's or department's authority to enforce any other statute, rule, or other law that the director or department administers. (b) This chapter does not limit the authority of any federal, other state, or county agency. Notes Haw. Code R. §…

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the application of the provision to other persons or circumstances, and the remainder of this chapter, shall not be affected. Notes Haw. Code R. § 11-56-15 [Eff 6/25/2021] (Auth: …

This section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342E, HRS, and this chapter. (1) Offer to settle; penalties. (A) A field citation is an offer to settle an administrative case against a specific violation on a specific da…

(a) The owner or operator, any interested agency, person, or group of persons may request or petition for a public hearing with respect to the determinations of persons subject to this chapter. Any request or petition for public hearing shall be submitted within thirty days of re…

(a) Any certifications associated with submissions to the director under this chapter shall be signed as follows: (1) For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:(A) A president, secretary, treasure…

It is the department's policy: (1) To conserve State waters; (2) To protect, maintain, and restore the quality of State waters: (A) For recreational uses; (B) For the growth, support, and propagation of shellfish, fish, and other desirable species of aquatic life; (C) For marine,…

(a) This chapter applies to person(s) as identified below:(1) Publicly-owned entities owning land and conducting the activities below, as identified in Appendices A through C of this chapter:(A) Agriculture (Appendix A); (B) Forestry (Silviculture) (Appendix B); and (C) Marinas a…

If any discharge of a pollutant to State waters subject to this chapter is otherwise subject to regulation as a point source under an NPDES permit, the requirements in this chapter shall not apply to that discharge. Notes Haw. Code R. § 11-56-4 [Eff 6/25/2021] (Auth: HRS §§ 342D-…

(a) All persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall register with the department. The purpose of the registration is to notify the department of person (s) subject to this regulation and that a Water Pollution Prevention Plan under secti…

(a) Any person subject to this chapter as defined in section 11-56-3(a) through (c) must develop, submit, and implement a Water Pollution Prevention Plan, in writing, and in accordance with the requirements contained in this section and in Appendices A through C of this chapter:(…

(a) Persons required to develop and implement a Water Pollution Prevention Plan under section 11-56-6 shall submit an annual report to the director documenting on-going compliance with their Water Pollution Prevention Plans. At a minimum, annual reports shall include the followin…

(a) Persons for which a Water Pollution Prevention Plan is required under this chapter must: (1) Maintain a complete copy of the Water Pollution Prevention Plan, including any amendments to the Water Pollution Prevention Plan, on-site or at a nearby office; (2) Have the Water Pol…

(a) Compliance with this chapter shall be based on development and implementation of Water Pollution Prevention Plans that minimize negative impacts on water quality to the maximum extent practicable. In determining whether a person subject to this chapter is minimizing negative …

The ambient air quality standards of this chapter seek to protect public health and welfare and to prevent the significant deterioration of air quality. Notes Haw. Code R. § 11-59-1 [Eff 11/29/82; comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342B-31; 42 U.S.C.…

As used in this chapter: "Ambient air" means the general outdoor atmosphere to which the public has access. "Reference method" means a method of sampling and analyzing the ambient air which the U.S. Environmental Protection Agency (EPA) specifies as a reference or an equivalent m…

All measurement analyses shall correct results to a reference temperature of twenty-five degrees centigrade and a reference pressure of seven hundred sixty millimeters of mercury. Notes Haw. Code R. § 11-59-3 [Eff 11/29/82; am and comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth:…

(a) The numerical ambient air quality standards below limit the time-averaged concentration of specified pollutants dispersed or suspended in the ambient air of the State, but these standards do not in any manner authorize the significant deterioration of existing air quality in …

No person, as defined in section 342B-1, HRS, shall cause, or allow, or contribute to a violation of any ambient air quality standard set forth in this chapter. Notes Haw. Code R. § 11-59-5 [Eff 11/29/82; am and comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342…

Any person who violates section 11-59-5 is liable for penalties and remedies as provided for in chapter 342, HRS. Notes Haw. Code R. § 11-59-6 [Eff 11/29/82; am and comp 6/2 9/92; am and comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342B-31; 42 U.S.C. §§7410, 7416; 40 C.F.R.…

If any provision of this chapter, or its application thereof to any persons or circumstances, is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-59-7 [Eff 11…

Efficient management of wastewater treatment works is an important economic asset to the public, to county and state officials and to operators. Also, effective operation and maintenance of wastewater treatment works are essential to prevent pollution of the waters of the State. …

As used in this chapter: "Association of boards of certification (ABC) for operating personnel in water and wastewater utilities" is that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classific…

(a) All wastewater treatment plants and segments of wastewater treatment plants which have been classified in accordance with, section 11-61-6, whether publicly or privately owned, used or intended for use by the public or private persons, shall at all times be under the direct r…

(a) In order to take the grade I examination, the applicant shall submit with the application, proof that the applicant has graduated from high school or equivalent satisfactory to the board, and has one year of operating experience (See definition of "operating experience" in se…

(a) Application. (1) An application form developed by the board for requesting certification as a wastewater treatment plant operator by examination, or reciprocity certification shall be properly and accurately completed and submitted with the applicable application fee as speci…

(a) Rating wastewater treatment plants. (1) The board shall rate and classify all wastewater treatment plants. In making classifications, the board shall consider among other factors, the size and type of plants, characteristics of wastewater to be treated, and other physical con…

(a) The headquarters of this board shall be located in the department of health, 1350 Sand Island Parkway, Building 3A, Honolulu, Hawaii 96819. All documents, instruments and properties of the board, which are under the custody of the board, shall be kept with the director. (b) F…

Any person who violates any provision of this chapter shall be subject to the penalties and remedies provided under sections 340B-9, 340B-10, and 603-23, HRS. Notes Haw. Code R. § 11-61-8 [Eff. 11/5/81; ren § 11-61-9, am and comp 1/22/2002] (Auth: HRS §§ 340B-7, 340B-11) (Imp: HR…

If any provision of this chapter or the application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this chapter which can be given effect without regard to the invalid provision or application." Notes Haw. Code R.…

This chapter establishes minimum standards and requirements for licensure of home care agencies to protect the health, safety, and welfare of clients receiving care from home care agencies. Notes Haw. Code R. § 11-700-1 [Eff 8/10/2018] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 32…

A person who violates any of the provisions of this chapter shall be fined not more than $500 or the director may initiate procedures for invoking penalties as provided in chapter 321, HRS. Notes Haw. Code R. § 11-700-10 [Eff 8/10/2018] (Auth: HRS §§ 321-9, 321-11, 321-18, 321-20…

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of a license issued pursuant to this chapter, the department shall do one or more of the following; (1) Issue an order assessin…

If any provisions of this chapter or the application thereof to any person or circumstances are held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-700-12 [Eff 8…

As used in this chapter: "Administrator" means the person who is responsible for the management of the home care agency. "Client" means a person who receives personal care services or homemaker services from a licensed home care agency in exchange for payment. A qualified client …

A home care agency shall at all times comply with the laws of the State of Hawaii and shall, whenever requested by the director, submit to the director evidence of compliance therewith. The evidence shall include, but not be limited to, copies of licenses, certificates, permits, …

(a) It is unlawful for any person to maintain, operate, or permit to maintain or operate a home care agency, unless the home care agency is licensed by the director. (b) Any person, organization, or corporation desiring to operate a home care agency shall submit an application to…

The director may suspend, revoke, deny, or refuse to issue a license for failure to comply with the requirements of this chapter, any provision of chapter 321, HRS, or any term of condition of a license issued pursuant to this chapter. The director's decision to suspend, revoke, …

(a) A home care agency may provide personal care services or homemaker services, or both, and may provide respite care services. (b) Personal care services shall be performed by personal care aides. Personal care services shall include activities based on the assessment of the cl…

(a) A supervisor shall develop with the client or the client's representative, or both, a service plan for home care services, which shall be signed by the supervisor and the client or the client's representative and incorporated into the client's record. (b) The home care agency…

A home care agency shall have policies and procedures that include: (1) The scope of services offered, the conditions under which they are offered, and the geographic coverage; (2) Provisions to prohibit discrimination against any prospective or current client based on race, sex,…

(a) The administrator is responsible for ensuring that the appropriate level of supervision is provided. (b) The administrator shall not allow personal care aides or homemakers to perform any service that is not within their scope of duties. (c) The supervisor shall perform a sup…

The purpose of this chapter is to establish standards for determining eligibility for financial assistance, under the chronic renal disease program. Notes Haw. Code R. § 11-80-1 [Eff. SEP 18 1981] (Auth: HRS Secs. 321-9, 321-10) (Imp: HRS Secs. 321-121, 321-122, 321-123)

As used in this chapter: "Chronic renal disease" means advanced kidney disease necessitating chronic hemodialysis and/or kidney transplant to sustain life. "Third-party payments" include any insurance coverage and any assistance available from other governmental agencies such as …

Applicants shall complete a financial profile form provided by the State department of health and shall submit a financial apportionment form completed by a physician and the financial registar or medical social worker of the hospital involved. Notes Haw. Code R. § 11-80-3 [Eff. …

Representatives from the State department of health, designated by the director, may review all applications submitted and approve or disapprove applications. Notes Haw. Code R. § 11-80-4 [Eff. SEP 18 1981] (Auth: HRS Secs. 321-122, 321-123) (Imp: HRS Secs. 321-121)

The department of health shall extend financial assistance only after third-party payments have been exhausted. Notes Haw. Code R. § 11-80-5 [Eff. SEP 18 1981] (Imp: HRS Secs. 321-121, 321-122, 321-123)

(1) All persons who have resources of less than $150,000 and suffering from chronic renal disease. (2) Personal property, such as income-producing equipment, inventory of a small business or tools, shall not be considered a resource if such property is needed to produce income du…

As used in this chapter: "Association" means the same as defined in section 514B-3, HRS; "Director" means the director of the State department of health or the director's duly authorized agent; "Department" means the State department of health; "Enclosed or partially enclosed" me…

(a) All retail tobacco stores and any areas claimed to be retail tobacco stores shall be separately ventilated from areas where smoking is prohibited. No smoke from a retail tobacco store or an area claimed to be a retail tobacco store shall infiltrate into areas where smoking is…

(a) Smoking by talent only shall be allowed in areas where it is otherwise prohibited by chapter 328J, HRS, when smoking is part of a scene within a production being filmed; provided that the production complies with the requirements of this section. When smoking by talent only i…