Title 19, Health

[§340E-33.5] Use of American Recovery and Reinvestment Act of 2009 and other federal moneys. (a) The director may provide financial assistance to public water systems for the construction of necessary drinking water infrastructure projects, through the drinking water fund, using …

[§340E-34] Grants. (a) The director may make grants to public water systems from state funds as authorized and appropriated by the legislature for the construction of necessary water treatment works or other related drinking water projects. Grants shall not be made from the drink…

[§340E-35] Drinking water treatment revolving loan fund; establishment, purpose. There is established in the state treasury a fund to be known as the drinking water treatment revolving loan fund to be administered by the director. The fund shall be administered, operated, and mai…

§340E-36 Drinking water fund; uses and limitations; types of assistance. (a) Moneys in the drinking water fund may be used only as allowed and limited by sections 1452(a)(2) and (3), 1452(d), and 1452(k)(1) and (2) of the Federal Act and this part. Such uses include loans and oth…

[§340E-37] Drinking water fund; conditions. (a) No loan or other financial assistance shall be made from the drinking water fund for any project unless: (1) The project conforms with the state intended use plan to provide safe drinking water which meets section 1452 of the Federa…

[§340E-38] Drinking water fund; deposits. The following may be deposited into the drinking water fund: (1) Federal capitalization grant funds and other federal grants, loans, or appropriations; (2) Appropriations by the legislature to the drinking water fund; (3) Payments of prin…

[§340E-38.5] Drinking water treatment revolving loan fund; transfers. (a) The governor, or a state official acting pursuant to authorization from the governor, may transfer an amount up to or equal to thirty-three per cent, calculated on the basis of a fiscal year's drinking wate…

[§340E-39] Drinking water fund; fees. (a) If established, fees shall cover the costs of current activities, including the issuance of loans and other financial assistance, monitoring of loans and other financial assistance repayments and conditions, technical review of the planni…

§340E-4 Imminent hazards. The director, upon learning that a contaminant is present in or is likely to enter a public water system or an underground source of drinking water and may present an imminent and substantial danger to the public, may take such actions necessary to prote…

[§340E-4.5] Tampering with public water systems, penalties. (a) Any person who tampers with a public water system, attempts to tamper with a public water system, or threatens to tamper with a public water system shall be imprisoned for not more than five years and fined an amount…

[§340E-4.6] Inspection of premises. The director, in accordance with rules adopted pursuant to chapter 91, may enter and inspect any facility of a supplier of water to determine whether such supplier is acting in compliance with this part. [L 1987, c 165, pt of §1]

[§340E-4.7] Notification to users of potential lead contamination. Before June 19, 1988, every public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either the lead…

[§340E-4.8] Water catchment systems. (a) The department shall establish a program to conduct annual testing of water from water catchment systems for lead and copper. Any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs…

[§340E-40] Drinking water fund; interest and investment on accounts. Moneys in the drinking water fund shall be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed. All interest accruing from t…

[§340E-41] Compliance. The failure or inability of any public water system to receive funds under this part or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the public water system to comply in a timely manner with all app…

[§340E-5] Plan for emergency provision of water. The director shall promulgate a plan for the provision of safe drinking water under emergency circumstances. When the director determines that emergency circumstances exist in the State with respect to a need for safe drinking wate…

§340E-6 Notification of users and department. (a) Whenever a public water system: (1) Fails to comply with an applicable maximum contaminant level, treatment technique, or testing procedure requirement of a state primary drinking water regulation; (2) Fails to perform monitoring …

§340E-7 Prohibited acts. (a) No supplier of water shall violate any rule adopted pursuant to section 340E-2. (b) No supplier of water shall violate any condition or provision of a variance, exemption, permit, or other written authorization issued under this part. (c) No supplier …

§340E-8 Penalties and remedies. (a) Any person who violates section 340E-7 shall be administratively or civilly penalized not more than $25,000 per day for each violation. (b) Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per d…

[§340E-9] Administration. The director may: (1) Perform any and all acts necessary to carry out the purposes and requirements of this chapter; (2) Administer and enforce the provisions of this chapter and all rules, regulations, and orders promulgated; (3) Enter into agreements, …

§340F-1 Definitions. As used in this chapter, unless the context otherwise requires: "Association of boards of certification for operating personnel in water and wastewater utilities" means that organization which serves as an information center for certification activities, reco…

[§340F-10] Criminal penalties. Any individual who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, shall be guilty of a misdemeanor. [L 1991, c …

[§340F-11] Powers and duties of the board. To carry out the provisions and purposes of this chapter, the board shall: (1) Perform any and all acts and adopt, amend, or repeal such rules and regulations as it finds necessary or appropriate; (2) Enter into agreements, contracts, or…

[§340F-12] Reciprocity. (a) On or after June 17, 1991, certification of operators by any state which, as determined by the board, accepts certifications made or certification requirements deemed satisfactory pursuant to this chapter, shall be accorded reciprocal treatment and sha…

§340F-2 Classification. The board shall classify all public water systems, water treatment plants, and distribution systems, and shall define the terms "water treatment plant" and "distribution system". The classifications shall take due regard to size, complexity, and type of th…

§340F-3 Certification. (a) Upon board approval the director shall issue certificates entitling qualified individuals to operate water treatment plants or distribution systems, or both. Each certificate shall indicate the class of water treatment plant or distribution system for w…

§340F-4 Board of certification. (a) A state board of certification of five members shall be appointed by the governor to carry out this chapter. The board shall be placed, for administrative purposes, in the department of health. The board shall consist of the following: (1) Four…

[§340F-5] Association of certification authorities. The board may, when taking action pursuant to sections 340F-2, 340F-3, and 340F-7, consider generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water an…

§340F-6 Certification requirement. All classified water treatment plants whether publicly or privately owned, used, or intended for use by the public or private persons, shall at all times be under the direct supervision of an individual whose competency is certified to by the di…

§340F-7 Rules. The board shall adopt rules as may be necessary for the administration of this chapter, which shall include at least the following provisions: (1) The basis for classification of water treatment plants and distribution systems as required by section 340F-2; (2) Cri…

§340F-8 Prohibited acts. It shall be unlawful: (1) For any public water system, or major segment of a public water system such as a water treatment plant or distribution system, to be operated unless the operator is duly certified under this chapter; and (2) For any individual to…

[§340F-9] Injunctions and civil penalty. Any person who violates any provision of this chapter, or any rules, regulations, criterion, procedure, or certificate issued hereunder may, in a legal action commenced by the board; (1) Be enjoined from continuing such violation; and (2) …

[§341-1] Findings and purpose. The legislature finds that the quality of the environment is as important to the welfare of the people of Hawaii as is the economy of the State. The legislature further finds that the determination of an optimum balance between economic development …

§341-2 Definitions. As used in this chapter, unless the context otherwise requires: "Council" means the environmental advisory council established in this chapter. "Director" means the director of the office of planning and sustainable development. "Office" means the office of pl…

§341-5.5 Environmental advisory council; established; quorum; number of votes necessary to validate acts. (a) There is created an environmental advisory council not to exceed fifteen members. Members of the environmental advisory council shall be appointed by the governor as prov…

§341-6 Functions of the environmental advisory council. The environmental advisory council shall serve as a liaison between the office of planning and sustainable development and the general public by soliciting information, opinions, complaints, recommendations, and advice conce…

PART I. DEFINITIONS AND GENERAL PROVISIONS §342B-1 Definitions. As used in this chapter, unless the context otherwise requires: "Administrator" means the administrator of the United States Environmental Protection Agency. "Air pollutant" has the same meaning as in the Clean Air A…

PART II. AIR POLLUTION [§342B-11] Prohibition. No person, including any public body, shall engage in any activity which causes air pollution or causes or allows the emission of any regulated air pollutant without first securing approval in writing from the director. [L 1992, c 24…

§342B-12 Specific powers of the director. The director may: (1) Establish ambient air quality standards for the State as a whole or for any part thereof; (2) Establish and administer any permit program; (3) Establish by rule the control of open burning, fugitive dust, and visible…

§342B-13 Public participation. (a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows: (1) The director shall make avai…

[§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…