Hawaii Revised Statutes 342j. Hazardous Waste
PART I. PREAMBLE
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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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,...
- 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...
- 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...
- 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,...
- 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...
- 342j-10.7 Repealed.
L 1991, c 259, ยง19.
- 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: (1) Address any release...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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
- 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...
- 342j-37 Complaints; Hearings; Appointment of Masters.
The director may: (1) Receive or initiate complaints, hold hearings, and institute legal proceedings in the name of the State for prevention, control, or...
- 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...
- 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...
- 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,...
- 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...
- 342j-42 Public Education Program.
The department shall develop and implement a public education program, the objectives of which shall be to: (1) Develop increased public awareness of and...
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"...
- 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...
- 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...
- 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...
- 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...
- 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...
Last modified: October 27, 2016