Title 19, Health

[§342B-14] Variances. (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 infor…

[§342B-15] Complaints; hearings; appointment of masters. The director may: (1) Receive or initiate complaints on air pollution, hold hearings in connection with air pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of ai…

[§342B-16] Research, educational, and training programs. The director may: (1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of air pollution; (2) With the approval of the governor, cooper…

[§342B-17] Air quality modelers. The department may establish permanent exempt positions known as air quality modelers for the purpose of assessing the impact of air releases. The positions shall be appointed by the director without regard to chapter 76. The funds for these posit…

[§342B-18] Annual reports to neighboring communities. (a) Every owner or operator of a major source within Campbell Industrial Park or Kahe Valley or every owner or operator of a geothermal facility that emits criteria air pollutants in excess of one hundred tons per year shall s…

[§342B-19] Unpermitted releases; timely notice. The department shall review the reports submitted by every owner or operator of a geothermal facility, or major source within Campbell Industrial Park or Kahe Valley, of their unpermitted releases to determine whether the release ma…

[§342B-2] Administration. The department 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…

PART III. PERMIT PROGRAM §342B-21 Specific functions, duties, and powers of the director. The director shall have the functions, duties, and power to: (1) Issue permits for a fixed term not to exceed five years; (2) Ensure compliance by all sources required to have a permit with …

[§342B-22] Permit and permit renewal; requirements. (a) The owner or operator of a covered source shall obtain a permit from the department. The director may exempt any nonmajor category of covered sources from the permit obligation for a period of five years after the effective …

[§342B-23] Application for permit. (a) An application for a permit required pursuant to this chapter shall be in the form prescribed by the director and for existing sources shall also be accompanied by a compliance plan. (b) The department may require that permit applications be…

§342B-24 Action on a permit application. (a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give the applicant written notice of incompleteness outlining additional information requirement…

[§342B-25] Approval of permit. (a) The director shall issue a permit for any term not exceeding five years if it is determined that the source will comply with all requirements of this chapter and the rules and standards adopted pursuant to this chapter. (b) The permit may be sub…

§342B-26 General and temporary permits; single permit. (a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 342B-13, may issue a general permit covering numerous…

[§342B-27] Other permit action. (a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the dire…

[§342B-28] Recordkeeping and monitoring requirements. The director may require an owner or operator of any source on a continuous, periodic, or one-time basis to: (1) Establish, maintain, and submit records; (2) Draft reports; (3) Install, use, and maintain monitoring equipment, …

§342B-29 Fees. (a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department. (b) Fees for covered sources shall adequately cover the dir…

[§342B-3] General functions, duties, and powers of the director. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate air pollution and the emission of air pollutants in the State. (b) In the discharge of…

[§342B-30] Judicial review. The applicant and any person who participated in the public comment process may obtain judicial review in [environmental court] of the final action on a permit issuance or renewal. This is in addition to judicial review otherwise available. [L 1992, c …

[§342B-31] Government records; confidential information. (a) The department shall make all government records maintained pursuant to this chapter open to public inspection in accordance with chapter 92F unless access is restricted or closed by law. (b) Except as provided in subse…

[§342B-32] Clean air special fund. (a) There is created in the state treasury a special fund to be designated as the clean air special fund. The proceeds in the fund shall be used solely to pay for all reasonable direct and indirect costs required to develop, support, and adminis…

§342B-33 Minimum permit conditions. At a minimum, each permit shall require the permittee to: (1) Submit to the director, no less than every six months, the results of any required monitoring and, no less than annually, a compliance certification; and (2) Disclose the annual emis…

[§342B-34] Exceptions. This part does not apply to open burning and fugitive dust which shall be regulated by rules adopted by the department. [L 1992, c 240, pt of §1]

[§342B-35] Crematoriums. Crematoriums of human remains operating within the State shall be subject to the permit requirements of this chapter; provided that the owners or operators of any crematoriums constructed before March 20, 1972, and operating within the State without a per…

[§342B-36] Use of coal for electricity generation. The department may issue or renew a permit to an owner or operator of a covered source that will burn or consume coal to generate electricity; provided that as a condition of the permit, all coal burning shall cease on December 3…

[§342B-4] Other powers of department and director not affected. The powers, duties, and functions vested in the department and director under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department and director under …

PART IV. ENFORCEMENT AND PENALTIES [§342B-41] Inspection of premises. The director, in accordance with the law, may enter and inspect any building or place to investigate an actual or suspected source of air pollution, to ascertain compliance or noncompliance with this chapter or…

§342B-42 Enforcement. (a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any permit issued or variance granted pursuant to this chapter, the director shall serve written notice by certified mail …

§342B-43 Emergency powers; procedures. (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 release of any air pollutant or combination of air pollutants th…

§342B-44 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, condition of a permit, or variance issued pursuant to t…

§342B-45 Citation. (a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation. Violations of vehicular smoke emission rules and open burnin…

[§342B-46] Appeal. If any party is aggrieved by a 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…

§342B-47 Civil penalties. (a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than $25 nor more than $2,500 for each separate offense. Each day of each violation constitutes a separate offense. …

§342B-48 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director is authorized to impose by order the penalties specified in section 342B-47. (b) Factors to be co…

§342B-49 Criminal penalties. (a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for e…

[§342B-5] Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Any county may adopt ordinances and rules governing any matter relating to air pollutant and air pollution control which is not …

[§342B-5.5] Exemptions. The hydrogen sulfide standard adopted pursuant to this chapter shall not apply to waste ponds, waste piles, crops, feed, animals, or manure incident to agricultural operations necessary for the raising of animals or the growing or processing of crops. [L 1…

[§342B-50] Disposition of collected fines and penalties. Fines and penalties collected under sections 342B-47, 342B-48, and 342B-49 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1992, c 240, pt of §1]

[§342B-51] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department. [L 1992, c 240, pt of §1]

[§342B-52] 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 …

[§342B-53] 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 1992, c 240, pt of §1]

[§342B-54] Priority in courts. 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. [L…

§342B-55 Consent orders; settlement agreements. Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director or the State is a party is final or filed with [an] environmental court, the d…

§342B-56 Citizen suits. (a) After June 30, 1995, any person may commence a civil action on that person's own behalf against: (1) Any person (including the State and the director) who is alleged to be in violation of this chapter, including any emission standard or limitation or a…

[§342B-6] Short title. This chapter may be cited as the "Hawaii Air Pollution Control Act". [L 1992, c 240, pt of §1]

PART V. SMALL BUSINESS ASSISTANCE PROGRAM [§342B-61] Small business assistance program. (a) The director shall establish within the department a small business assistance program to provide technical support and environmental compliance information to those small business station…

[§342B-62] Compliance advisory council; establishment; appointment, number, and term of members; duties. (a) There is established within the department, for administrative purposes, an advisory council to be known as the compliance advisory council which shall: (1) Render advisor…