Chapter 342D — Chapter 342D

PART I. DEFINITIONS AND GENERAL PROVISIONS §342D-1 Definitions. As used in this chapter, unless the context otherwise requires: "Act" means the Clean Water Act (formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 19…

§342D-10 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 discharge of waste, any combination of discharges of waste, or a…

§342D-16 Remedies preserved. No existing civil or criminal remedy for any wrongful action that 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. No existing civil or criminal remedy shall excl…

PART II. PENALTIES §342D-30 Civil penalties. (a) Any person who violates this chapter, any rule, or any term or condition of a permit, water quality certification, or variance issued pursuant to this chapter shall be fined not more than $60,000 for each separate offense. Each day…

§342D-32 Negligent violations. Any person who: shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for a violation committed after a first convict…

§342D-4 Duties; rules. In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, and recycled water, whethe…

PART III. WATER POLLUTION CONTROL §342D-50 Prohibition. (a) No person, including any public body, shall discharge any water pollutant into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to t…

§342D-50.5 Wastewater or raw sewage; prohibition. (a) Notwithstanding any other law to the contrary, no person or treatment plant shall discharge any wastewater or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a person or trea…

§342D-51 Affirmative duty to report discharges. Any person who has caused an unlawful discharge under section 342D-50(a) has an affirmative duty to report the incident to the director within twenty-four hours of the discharge, unless a valid permit issued under section 342D-6 spe…

§342D-55 Recordkeeping and monitoring requirements. (a) The director may require the owner or operator of any effluent source, works, system, or plant; any discharger of effluent; the applicant for written authorization under this chapter for such sources or facilities; or any pe…

§342D-6.5 Hawaiian loko i`a. The department shall process applications for permits and water quality certifications for the reconstruction, restoration, repair, or reuse of any loko i`a, or Hawaiian fishpond as defined in section 183B-1, before all other permits and certification…

§342D-7 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 standards, and such other information as the …

[PART IV. MISCELLANEOUS PROVISIONS] §342D-70 Use of gray water for irrigation purposes. (a) The department may authorize any county to implement a gray water recycling program within its jurisdiction. The gray water recycling program shall be limited to the use of gray water for …

§342D-8 Inspection of premises. (a) The director, in accordance with law, may enter and inspect any building or place to: (b) The director may require any permittee or holder of a variance or person subject to pretreatment requirements to permit the director or the director's aut…

[PART V.] WATER POLLUTION CONTROL FINANCING §342D-80 Definitions. As used in this part, unless the context otherwise requires: "American Recovery and Reinvestment Act of 2009" means the federal law, Public Law 111-5, making appropriations for various purposes, including job prese…

§342D-81 Declaration of policy. The State's policy is to promote water pollution prevention and control, including the use of recycled water, by financing eligible projects of eligible parties consistent with applicable federal and state laws. The State intends the financing to o…

§342D-82 Powers and duties. (a) In addition to any other power or duty prescribed by law, the director shall: (b) The director may:

§342D-83 Revolving fund; establishment, purposes, coordination. (a) There is established in the state treasury a fund to be known as the water pollution control revolving fund to be administered by the director. The revolving fund shall be administered, operated, and maintained t…

§342D-84 Revolving fund; uses. (a) Moneys in the revolving fund, if consistent with the purpose of the revolving fund stated in section 342D-83(b), may be used to: (b) The entire water pollution control loan program, and not only those accounts or subaccounts funded by revenue bo…

§342D-85 Revolving fund; deposits. The following may be deposited into the revolving fund:

§342D-87 Revolving fund; conditions. (a) The following conditions shall apply to each project receiving water pollution control financing under this part: (b) The use of federal funds and state matching funds in the revolving fund shall be in conformance with title 33 United Stat…

§342D-9 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, water quality certification, or variance issued pursuant to this chapter, the director: (b) If the director det…