Title 19, Health

PART I. PREAMBLE [§342J-1] Legislative policy; program priorities. The legislature finds that hazardous waste must be managed in a manner that protects the health, safety, and welfare of the citizens of the State and protects and conserves the State's natural resources and enviro…

§342J-10 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 342J-9(a) and (b). (b) Factors to be…

[§342J-10.5] Disposition of collected fines and penalties. Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157, §5]

[§342J-10.6] Guarantors. (a) In a case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any [environmental court] cannot be obtained over an owner or operator …

§342J-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: The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure…

[§342J-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…

§342J-13 Fees. The director may establish reasonable fees for the issuance of permits to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (not including court costs or other costs associated with any formal enfor…

§342J-14 Public records; confidential information; penalties. (a) For purposes of this chapter, chapter 92F applies to the determination of the types of information that should be made available to members of the public provided that any information that would be required to be d…

[§342J-14.5] Copy fee waiver. The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general pub…

[§342J-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 …

§342J-16 Intervention. Any individual shall have the right to intervene in any civil action to enforce the provisions of this chapter provided the individual has an interest which is, or may be, adversely affected. [L 1989, c 212, pt of §5; am L 1991, c 259, §13]

[§342J-17] 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 1989, c 212, pt of §5]

[§342J-18] 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 §5]

[§342J-19] 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 §…

PART II. DEFINITIONS AND GENERAL PROVISIONS §342J-2 Definitions. As used in this chapter, unless the context otherwise requires: "Any state" means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and t…

[§342J-20] 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 hazardous waste management which is not governed by …

[§342J-21] 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 §5]

[§342J-3] 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…

PART III. HAZARDOUS WASTE CONTROL §342J-30 Prohibition. (a) No person, including any federal agency, the State, or any of its political subdivisions, shall own, operate, or construct a hazardous waste management facility without first securing a permit issued by the director. In …

[§342J-31] Duties; rules. In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate hazardous waste pollution in this State. In the discharge of this duty the director may:

[§342J-32] Standards for generators. The director may establish by rule standards applicable to generators of hazardous waste identified under this chapter including, but not limited to, requirements regarding:

[§342J-33] Standards for transporters. The director may establish by rule standards applicable to transporters of hazardous waste identified or listed under this chapter including, but not limited to, requirements regarding:

[§342J-34] Standards for treatment, storage, or disposal facilities. The director may establish by rules standards applicable to owners and operators of facilities for treatment, storage, or disposal of hazardous waste, identified or listed under this chapter, including but not l…

§342J-34.5 Standards for persons who deal with fuel. The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose of, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, …

§342J-34.6 Brokers; notification; and identification numbers. (a) Not later than forty-five days after July 1, 1994, any person who acts as a hazardous waste broker, with respect to any substance listed as hazardous waste or identified by its characteristics as hazardous waste un…

[§342J-35] Other rules. The director may adopt other rules which are necessary to obtain and maintain authorization under the federal program. [L 1989, c 212, pt of §5]

§342J-36 Hazardous waste releases. (a) Whenever the director determines that there has been a release of hazardous waste or of a hazardous waste constituent into the environment from a facility handling hazardous wastes, the director may: (b) Whenever the director determines that…

[§342J-37] Complaints; hearings; appointment of masters. The director may:

[§342J-38] 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 §…

[§342J-39] Research programs. The director may initiate, conduct, and support research, demonstration projects, and investigation, as the department's resources may allow, and coordinate state agency research programs pertaining to hazardous waste management. [L 1989, c 212, pt o…

§342J-4 Powers; rulemaking; appointment of hearings officers. (a) The director may make, amend, and repeal state rules which govern the management of hazardous waste and which control and prohibit hazardous waste pollution. All rules shall be adopted pursuant to chapter 91. Any p…

[§342J-40] Receipt of funds for study and control of hazardous waste. The director may cooperate with and receive money, with the approval of the governor, from the federal government, any political subdivision of the State, or from private sources for the study and control of ha…

[§342J-41] Technical assistance to generators. (a) The department shall establish a technical assistance program for generators of hazardous waste in the State. The program shall be designed to assist generators in obtaining information concerning hazardous waste management: The …

[§342J-42] Public education program. The department shall develop and implement a public education program, the objectives of which shall be to:

§342J-5 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the director. (b) The director may require that applications for such permits shall be accompanied by plans, specifications, and information as the dire…

[PART IV.] USED OIL AND USED OIL FUEL [§342J-51] Definitions. Except as expressly defined in this part, terms that are defined in section 342J-2 have the same meanings when used in this part. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placi…

[§342J-52] Standards for persons who deal with used oil or used oil fuel. (a) The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose, process, re-refine, burn (including burning for purposes of energy recovery), recycle…

[§342J-53] Permit required. No person shall transport, market, or recycle used oil or used oil fuel without first obtaining a permit from the department. The director may require any person who generates and burns the person's own used oil as specification fuel to notify the depa…

§342J-54 Permits; procedures for. (a) An application for any permit required under this part shall be in a form prescribed by the director. (b) The department may require that applications for the permits shall be accompanied by plans, specifications, and the other information th…

[§342J-55] Furnishing of information and entry and inspection of premises. (a) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, any person who generates, transports, treats, stores, disposes of, process…

[§342J-56] Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling of any used oil or used oil fuel may present an imminent and substantial endangerment to health or the environm…

§342J-6 Furnishing of information and entry and inspection of premises. (a) For purposes of enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall, upon request of any …

[§342J-6.5] Notification. (a) Not later than forty-five days after June 18, 1993, any person generating or transporting, or owning or operating a facility for treatment, storage, or disposal of, any substance listed as hazardous waste or identified by its characteristics as hazar…

§342J-7 Enforcement. (a) If the director determines that any person has violated or is violating any provisions of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter or section 3005 of RCRA, 42 United Stat…

§342J-8 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling, storage, treatment, transportation, or disposal of any hazardous waste or hazardous waste constituent may present…

§342J-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each separate offense. Each day of each violation shal…