Title 19, Health

§342F-4 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 such permits shall be accompanied by plans, specifications, and such other informatio…

[§342F-4.5] Projects exempt from noise permit requirements. (a) Except as provided in subsection (b), any construction project: (1) For a dwelling; or (2) With a total cost of less than $250,000 based on the value of the project listed on the building permit, shall be exempt from…

§342F-5 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 …

[§342F-6] Inspection of premises. The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the dep…

§342F-7 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 condition of a permit or variance issued pursuant to this chapter, the director: (1) Shall cause written notice to be s…

[§342F-8] Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the director determines that an imminent peril to the public health and safety is or will be caused by excessive noise, which requires immediate action, the director, with the approval o…

§342F-9 Penalties. (a) Violation of the vehicular noise control rules adopted by the department pursuant to this chapter shall constitute a violation as defined in section 701-107 and shall be enforceable by police officers. The fine for this violation shall be not less than $25 …

PART I. GENERAL PROVISIONS §342G-1 Definitions. As used in this chapter, unless the context requires otherwise: "Agricultural solid waste" means the solid waste that results from the rearing of animals and the harvesting of crops and that is normally placed in landfills. "Backyar…

[PART VIII.] DEPOSIT BEVERAGE CONTAINER PROGRAM §342G-101 Definitions. As used in this part, unless the context requires otherwise: "Auditor" means the office of the auditor. "Commercial passenger vessel" means any domestic or foreign-flagged marine vessel or air carrier used pri…

[§342G-101.5] Commercial passenger vessels; exemption. (a) Notwithstanding any other provision of this part, this part shall not apply to a deposit beverage container that is sold or delivered to an entity operating a commercial passenger vessel when the deposit beverage containe…

§342G-102 Deposit beverage container fee. (a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactu…

[§342G-103] Deposit beverage distributors; registration, recordkeeping requirements. (a) By September 1, 2002, all deposit beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the departmen…

§342G-104 Deposit into deposit beverage container deposit special fund; use of funds. (a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited: (1) All revenues generated from the deposit beverage container …

§342G-105 Deposit beverage container inventory report and payment. (a) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on inventory reports of the deposit beverage distributors. All deposit beverage distribut…

[§342G-106] Contract for administrative services. The department may contract the services of a third party to administer the deposit beverage container program under this part. [L 2002, c 176, pt of §2]

[§342G-107] Management and financial audit. The auditor shall conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter ending in an even-numbered year. The auditor shall submit the audit report, includin…

[§342G-109] Rules; commencement. The department may adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part. Full implementation of the deposit beverage container deposit program shall commence no later than January 1, 2005. [L 2002, c 176, pt of §2]

PART II. ADMINISTRATION [§342G-11] Administration. The department shall be responsible for the administration of this chapter. The director may delegate to any person within the department the power and authority vested in this chapter as the director deems reasonable and proper …

[§342G-110] Payment and application of deposits. (a) By January 1, 2005, every deposit beverage container sold in this State shall have a refund value of 5 cents. Each container shall have the refund value clearly indicated on it as provided in section 342G-112. (b) The refund va…

§342G-111 Sales of beverages in deposit beverage containers; distributor report; fee and deposit payment. (a) By January 1, 2005, every deposit beverage distributor who pays a deposit to the department shall charge the dealer or consumer a deposit equal to the refund value for ea…

§342G-112 Deposit beverage container requirements. (a) Except as provided in subsection (b), every deposit beverage container sold in the State shall clearly indicate the refund value of the container and the word "Hawaii" or the letters "HI". The names or letters representing th…

§342G-113 Redemption of empty deposit beverage containers. (a) Except as provided in subsection (b), a dealer shall: (1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value; (2) Pay to the redeeme…

§342G-114 Redemption centers. (a) Prior to operation, redemption centers shall be certified by the department. (b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department. (c) The department, at any time, may …

§342G-115 Reverse vending machine requirements. Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G-113. Reverse vending machines shall accept any type of empty deposit beverage container and pay out the full refund value in eith…

§342G-116 Refusal of refund value payment for a deposit beverage container. Redemption centers shall refuse to pay the refund value on any broken, corroded, or dismembered deposit beverage container, or any deposit beverage container that: (1) Contains a free-flowing liquid; (2) …

§342G-117 Handling fees and refund values for certified redemption centers. (a) The department shall pay to each certified redemption center a handling fee of not less than the prevailing deposit beverage container fee for each deposit beverage container redeemed by a consumer th…

§342G-119 Redemption center reporting. The department shall pay certified redemption centers handling fees and refund values as described in section 342G-117, based on collection reports submitted by the redemption centers. All redemption centers shall submit to the department th…

[§342G-12] Office of solid waste management, establishment. There is established within the department the office of solid waste management. The head of the office shall be known as the state solid waste management coordinator. The coordinator shall be appointed by the director w…

§342G-12.5 Recycling coordinator. There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position may be appointed by the director in accordance with chapter 76. [L 1995, c 229, §2; am …

[§342G-120] Recycling facility reporting. Recycling facilities, in addition to any requirements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. [L 2002, c 176, pt of §2]

[§342G-121] Audit authority. The records of the deposit beverage distributor, dealer, redemption center, and recycling facility shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the auditor. Any proprietary info…

[§342G-121.5] Risk-based selection process; audit. (a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire …

[§342G-122] Advisory committee. The department shall convene an advisory committee to assist it in developing any rules needed to implement this chapter. The department shall select members of the committee so as to obtain input on the state level as well as assess the impact on …

§342G-13 Powers and duties of the department. In the execution of the responsibilities provided under this chapter, the department shall: (1) Establish and administer goals and guidelines as provided for in this chapter; (2) Adopt rules pursuant to chapter 91 and administer the r…

[§342G-14] Powers and duties of the office of solid waste management. The office shall: (1) Promote the development of coordinated statewide solid waste management; (2) Identify and monitor environmental and public health issues relating to solid waste management; (3) Promote sou…

§342G-15 Annual report. (a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annua…

[§342G-2] Solid waste management priorities. (a) This chapter shall be known and may be cited as the "Hawaii Integrated Solid Waste Management Act". (b) In implementing this chapter, the department and each county shall consider the following solid waste management practices and …

PART III. INTEGRATED SOLID WASTE MANAGEMENT PLANNING [§342G-21] Establishment of county integrated solid waste management plans. By January 1, 1993, each county shall submit to the office an integrated solid waste management plan that has been formally adopted by the county and t…

[§342G-22] Development of county integrated solid waste management plans. (a) Prior to preparing a plan, each county shall form an advisory committee appointed by the mayor. The county advisory committee may be composed of representatives from citizen organizations, industry, the…

[§342G-23] State review of county integrated solid waste management plans. (a) Prior to submitting to the office a plan that has been formally adopted by a county, the county and the office may negotiate plan components the county finds infeasible. The public shall be notified of…

§342G-24 Submission schedule for revised integrated solid waste management plans. (a) Each state-approved county plan shall be revised and submitted to the office on the following schedule: (1) The first revised plan shall be submitted to the office not later than four years afte…

[§342G-25] Contents of county integrated solid waste management plans. (a) Each county plan and subsequent revision shall include: (1) A program element; and (2) A facility capacity and siting element. A county may include additional elements at its discretion. (b) The program el…

§342G-26 Contents of the program element. (a) The waste stream assessment component shall describe and explain the origin, composition, and weight or volume, or both, of solid waste generated within the county during the year in which the plan is being developed, or during the su…

[§342G-27] Contents of the facility capacity and siting element. (a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management. (b) The facility implementation component shall describe the specif…

[§342G-28] Facility permitting. Permitting shall be performed pursuant to chapter 342H. [L 1991, c 324, pt of §2]

[§342G-29] Revisions to the state integrated solid waste management plan. (a) The office shall be responsible for preparing revisions to the state integrated solid waste management plan. The first revision shall be completed within six months of the date that all four initial cou…