Title 19, Health

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…

[PART VI.] DISCHARGES FROM COMMERCIAL PASSENGER VESSELS [§342D-101] Definitions. As used in this part: "Commercial passenger vessel" means a vessel that carries passengers for hire. The term does not include a vessel: "Discharge" means any release, however caused, from a commerci…

[§342D-102] Prohibited discharges; limitations on discharges. (a) Except as provided in subsection (g), a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the State. (b) Except as provided in subsection (g) or section 342D‑111…

[§342D-103] Prohibited air emissions. (a) No person shall operate an incinerator of a large commercial passenger vessel in any Hawaiian port for the combustion of any waste materials. (b) Except as provided under section 342D-106, large commercial passenger vessels shall limit vi…

[§342D-104] Information-gathering requirements. (a) Except as provided under section 342D-111, the owner or operator of a commercial passenger vessel shall maintain records and, upon request of the department, provide to the department a report, with copies of the records related…

[§342D-105] Recordkeeping requirements. An owner or operator subject to section 342D-104 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered. [L 2005, c 217, pt of §1]

[§342D-106] Reporting requirements. (a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of section 342D-102 shall immediately report that discharge to the department. The report shall not be deemed to be privileged information. …

[§342D-107] Memorandum of understanding; recognition program. (a) Nothing contained in this part shall prevent the State from: (b) The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commerci…

[§342D-108] Exemption for vessels in innocent passage. This part does not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in m…

[§342D-109] Activities of the department. The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the State:

§342D-11 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 pursuant to this chapter, or any condition of a permit o…

[§342D-110] Fine schedules for illegal discharges. (a) Any person who fails to comply with any requirement of this part shall be subject to the fines established by the department pursuant to subsection (b). (b) The department shall by rule under chapter 91, establish fines for t…

[§342D-111] Alternative terms and conditions of vessel discharges. (a) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with the standard terms and conditions of vessel …

[§342D-12] Appeal. If any party is aggrieved by the 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 acti…

[§342D-13] Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs as…

[§342D-14] Public records; confidential information; penalties. Reports submitted to the department on discharges of waste shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concern…

[§342D-15] 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 …

§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…

[§342D-17] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §2]

[§342D-18] Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §…

[§342D-19] 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 water pollution control which is not governed by a r…

[§342D-2] Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of thi…

[§342D-20] Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §2]

[§342D-21] Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition. (a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone or octinoxate, or both,…

[§342D-3] Board membership. Notwithstanding any law to the contrary, no individual, board, or body of this State which grants permits required under this chapter shall be or include, as a member, any person who receives or has during the previous two years received, a significant…

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-31 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342D-30. (b) Factors to be consider…

§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-33] Knowing violations. Any person who: shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conv…

[§342D-34] Knowing endangerment. (a) Any person who knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter, and who knows at that time that the violation places another person in immin…

[§342D-35] False statements. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or…

[§342D-36] Treatment of single operational upset. For the purpose of this part, a single operational upset which leads to simultaneous violations of more than one water pollutant parameter shall be treated as a single violation. [L 1989, c 212, pt of §2]

[§342D-37] Responsible corporate officer as "person". For the purpose of this chapter, the term "person" means, in addition to the definition contained in section 342D-1, any responsible corporate officer. [L 1989, c 212, pt of §2]

[§342D-38] Hazardous substance defined. For the purpose of this part, the term "hazardous substance" means:

[§342D-39] Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §2]

§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…

[§342D-5] Rules; specific. The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varyin…

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-52] Testing of water and aquatic and other life. The director may test any water and aquatic and other life that has been subjected to an oil spill or any other form of water pollution and assess the environmental effects of the pollution, including its effects on: If the …

§342D-53 Certifying agency and water quality certification. (a) Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that …

§342D-54 Wastewater treatment works; financial assistance; grants. (a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects intended for recycled water or waste management by other than conv…

§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-56] Complaints; hearings; appointment of masters. The director may:

[§342D-57] Public participation activities; appointment of hearings officers. The director may appoint, without regard to chapter 76, hearings officers to conduct public participation activities, including public hearings and public informational meetings. [L 1989, c 212, pt of §…

[§342D-58] Consultation and advice. The director may consult with and advise:

[§342D-59] Research, educational, and training programs. The director may:

§342D-6 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the director. (b) The department may require that applications for permits shall be accompanied by plans, specifications, and any other information that…