Title 19, Health

§342L-36 Financial responsibility. (a) The department, pursuant to chapter 91, shall adopt requirements for maintaining evidence of financial responsibility for taking response action and compensating third parties for bodily injury and property damage caused by any accidental re…

§342L-37 Underground storage tank and tank system change in service and closure requirements. Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed from the ground of any responsibility …

§342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department. (b) The department may require that applications for such permits shall be accompanied by plans, specifications, and such other informat…

[§342L-4.2] Large capacity underground storage tank systems; prohibited. (a) Beginning July 1, 2022, the department shall not issue a permit for a new large capacity underground storage tank system mauka of the underground injection control line. (b) Beginning July 1, 2022, no pe…

[§342L-4.5] Permits near shoreline prohibited; exception. (a) The department shall not issue a permit for a new underground fuel storage tank within one hundred yards of the shoreline; provided that a permit may be issued by the department for purposes of repairing or replacing a…

§342L-5 Variances allowed. Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the dep…

PART III. DEPARTMENT RESPONSE PROGRAM FOR PETROLEUM RELEASES §342L-50 Definitions. For the purpose of this part: "Exposure assessment" means a determination regarding the extent of exposure of, or potential for exposure of, individuals to petroleum from a release from an undergro…

§342L-51 Leaking underground storage tank fund. (a) The department shall establish a revolving fund within the department which shall consist of moneys appropriated to the fund through federal grants, moneys appropriated to the fund by the legislature, moneys paid to the fund as …

§342L-52 Response to suspected or confirmed releases. (a) In the event of a petroleum release from an underground storage tank or tank system, which occurs prior to the adoption of rules for response to suspected or confirmed releases pursuant to section 342L-35, the department m…

§342L-53 Cost recovery. (a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system…

§342L-6 Variances; procedures for. (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 fully conform to standards, and such oth…

[PART IV.] FUEL TANK ADVISORY COMMITTEE [§342L-61] Fuel tank advisory committee; established; composition. (a) There is established in the department of health the fuel tank advisory committee, which shall consist of up to fourteen ex officio members and at least two public membe…

[§342L-62] Duties. (a) The advisory committee shall study issues related to leaks of field-constructed underground fuel storage tanks at the Red Hill Bulk Fuel Storage Facility, Kuahua Peninsula, Pacific Missile Range Facility Barking Sands, Hickam Pol Annex, and Schofield Barrac…

§342L-7 Authority to obtain information and data, inspect, and require and conduct activities; penalties for disclosure. (a) For the purpose of developing or assisting in the development of any rule, conducting any study, taking any release response action, or enforcing this chap…

[§342L-7.5] Record maintenance. The department, pursuant to chapter 91, shall adopt requirements for the establishment and maintenance of records relating to underground storage tanks and tank systems. [L 1992, c 259, pt of §1]

§342L-8 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 term or condition of a permit or variance issued pursuant to this chapter, the director may do one or more of the follo…

§342L-9 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to human health and safety or the environment is or will be caused by: that requires immediate action, the governor or the di…

PART I. DEFINITIONS AND GENERAL PROVISIONS §342P-1 Definitions. As used in this chapter, unless the context otherwise requires: "Abatement" means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to re…

[§342P-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…

PART II. PENALTIES §342P-20 Civil penalties. (a) Any person who violates this chapter, any rule adopted by the department under this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not more than $10,000 for each separate offense. Each d…

§342P-21 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20. (b) Factors to be considered in imposing an…

§342P-22 Negligent violations. Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day fo…

§342P-23 Criminal penalties. Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or bot…

§342P-24 Knowing endangerment. (a) Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, upon con…

[§342P-25] False statements. (a) Any person who knowingly makes a 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,…

§342P-26 Injunctive and other relief. The director may institute a civil action for injunctive and other relief in any environmental court of competent jurisdiction to prevent the violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit o…

[§342P-27] 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…

§342P-28 Fees. The director may establish reasonable fees for the issuance of notifications, certificates, licenses, 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 i…

§342P-29 Public records; confidential information; penalties. Asbestos or lead abatement applications and reports on emissions or lead violations submitted to the department shall be made available for inspection by the public during established office hours unless the reports co…

§342P-3 Duties, rules, powers, appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall provide for the review of asbestos and lead abatement plans and the inspection of abatement projects within the St…

[§342P-30] Other action not barred. No existing civil or criminal remedy for any wrongful action that is in violation of any statute or any rule of the department or ordinance of any county, shall be excluded or impaired by this chapter. [L 1991, c 219, pt of §1]

§342P-31 Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, permits, and variances of the department. [L 1991, c 219, pt of §1; am L 1998, c 242, §15]

[§342P-32] 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 1991, c 219, pt of §…

§342P-33 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 asbestos or lead abatement that are not governed by a …

[§342P-34] Priority in courts. All actions brought pursuant to this chapter, the rules adopted under this chapter, or the conditions of a permit issued under this chapter, at the discretion of the court, shall receive priority in the courts of the State. [L 1991, c 219, pt of §1]

§342P-4 Inspection of premises. The director, in accordance with any law, may enter and inspect any building or place to investigate an actual or suspected source, use, or presence of asbestos or lead to ascertain compliance or noncompliance with this chapter, any rule or standar…

PART III. ASBESTOS EMISSION AND LEAD HAZARD CONTROL §342P-40 Prohibition. No person, including any public body, shall engage in any activity that causes a violation of this chapter. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]

§342P-41 Powers and duties; specific. The director may:

§342P-42 Recordkeeping and monitoring requirements. The director may require the owner or operator of any asbestos or lead abatement activity to: as the department may require. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]

§342P-43 Complaints; hearings; appointment of masters. The director may:

§342P-44 Research, education, and training programs. The director may:

§342P-5 Enforcement; education. (a) If the director determines that any person has violated or is in violation of this chapter, any rule adopted pursuant to this chapter, any accepted schedule, any order issued under this section, or any condition of a permit or variance issued p…

[§342P-5.5] Variances. (a) Every application for a variance shall be made on a form 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 any other info…

§342P-6 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 an emission of asbestos or the presence of lead hazards that requires…

[§342P-7] Noise, radiation, and indoor air quality special fund; established. (a) There is established within the department of health a noise, radiation, and indoor air quality special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspe…

[§342P-8 Asbestos and lead abatement special fund.] (a) There is established within the department of health an asbestos and lead abatement special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, v…