Hawaii Revised Statutes 342d. Water Pollution

PART I. DEFINITIONS AND GENERAL PROVISIONS

• 342d-1 Definitions.
  As used in this chapter, unless the context otherwise requires: "Available recycled water service" means the existence of an operable recycled water distribution main...
• 342d-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...
• 342d-3 Board Membership.
  Notwithstanding any law to the contrary, no individual, board, or body of this State which grants permits required under this chapter shall be or...
• 342d-4 Duties; Rules.
  In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution...
• 342d-5 Rules; Specific.
  The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types...
• 342d-6 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...
• 342d-6.5 Hawaiian Loko I‘a. ‘ ‘ ‘
  (a) The department shall process applications for permits and water quality certifications for the reconstruction, restoration, repair, or reuse of any loko i‘a, or...
• 342d-7 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...
• 342d-8 Inspection of Premises.
  (a) The director, in accordance with law, may enter and inspect any building or place to: (1) Investigate an actual or suspected source of...
• 342d-9 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...
• 342d-10 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...
• 342d-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 prevent any violation of...
• 342d-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...
• 342d-13 Fees.
  The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation...
• 342d-14 Public Records; Confidential Information; Penalties.
  Reports submitted to the department on discharges of waste shall be made available for inspection by the public during established office hours unless such...
• 342d-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...
• 342d-16 Remedies Preserved.
  No existing civil or criminal remedy for any wrongful action that is a violation of any statute or any rule of the department or...
• 342d-17 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...
• 342d-18 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,...
• 342d-19 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...
• 342d-20 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 II. PENALTIES

• 342d-30 Civil Penalties.
  (a) Any person who violates this chapter, any rule, or any term or condition of a permit or variance issued pursuant to this chapter...
• 342d-31 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...
• 342d-32 Negligent Violations.
  Any person who: (1) Negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a...
• 342d-33 Knowing Violations.
  Any person who: (1) Knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a...
• 342d-34 Knowing Endangerment.
  (a) Any person who knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a...
• 342d-35 False Statements.
  Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required...
• 342d-36 Treatment of Single Operational Upset.
  For the purpose of this part, a single operational upset which leads to simultaneous violations of more than one water pollutant parameter shall be...
• 342d-37 Responsible Corporate Officer As "Person".
  For the purpose of this chapter, the term "person" means, in addition to the definition contained in section 342D-1, any responsible corporate officer. [L...
• 342d-38 Hazardous Substance Defined.
  For the purpose of this part, the term "hazardous substance" means: (1) Any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution...
• 342d-39 Disposition of Collected Fines and Penalties.
  Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991, c 157,

PART III. WATER POLLUTION CONTROL

• 342d-50 Prohibition.
  (a) No person, including any public body, shall discharge any water pollutant into state waters, or cause or allow any water pollutant to enter...
• 342d-51 Affirmative Duty to Report Discharges.
  Any person who has caused an unlawful discharge under section 342D-50(a) has an affirmative duty to report the incident to the director within twenty-four...
• 342d-52 Testing of Water and Aquatic and Other Life.
  The director may test any water and aquatic and other life that has been subjected to an oil spill or any other form of...
• 342d-53 Certifying Agency.
  The director may act as a certifying agency, as defined in 40 Code of Federal Regulations 121.1(e) (1985). [L 1989, c 212, pt of
• 342d-54 Wastewater Treatment Works; Financial Assistance; Grants.
  (a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects...
• 342d-55 Recordkeeping and Monitoring Requirements.
  (a) The director may require the owner or operator of any effluent source, works, system, or plant; any discharger of effluent; the applicant for...
• 342d-56 Complaints; Hearings; Appointment of Masters.
  The director may: (1) Receive or initiate complaints of water pollution, hold hearings in connection with water pollution, and institute legal proceedings in the...
• 342d-57 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...
• 342d-58 Consultation and Advice.
  The director may consult with and advise: (1) Any person engaged or intending to be engaged in any business or undertaking whose waste, sewage,...
• 342d-59 Research, Educational, and Training Programs.
  The director may: (1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality...
• 342d-60 Annual Reports.
  The director may publish annual reports on the quality of the state waters, which annual report shall include, but not be limited to: (1)...

PART IV. MISCELLANEOUS PROVISIONS

• 342d-70 Use of Gray Water for Irrigation Purposes.
  (a) The department may authorize any county to implement a gray water recycling program within its jurisdiction. The gray water recycling program shall be...
• 342d-71 Recycled Water Use.
  All state and county facilities using potable water irrigation systems may connect to available recycled water service. [L 2001, c 269, §1]

PART V. WATER POLLUTION CONTROL FINANCING

• 342d-80 Definitions.
  Drinking water financing, see §§340E-31 to 41. §342D-80 Definitions. As used in this part, unless the context otherwise requires: "American Recovery and Reinvestment Act...
• 342d-81 Declaration of Policy.
  Drinking water financing, see §§340E-31 to 41. §342D-81 Declaration of policy. The State's policy is to promote water pollution prevention and control, including the...
• 342d-82 Powers and Duties.
  Drinking water financing, see §§340E-31 to 41. §342D-82 Powers and duties. (a) In addition to any other power or duty prescribed by law, the...
• 342d-82.5 Use of American Recovery and Reinvestment Act of 2009 and Other Federal Moneys
  Drinking water financing, see §§340E-31 to 41. [§342D-82.5] Use of American Recovery and Reinvestment Act of 2009 and other federal moneys. (a) The director...
• 342d-83 Revolving Fund; Establishment, Purposes, Coordination.
  Drinking water financing, see §§340E-31 to 41. §342D-83 Revolving fund; establishment, purposes, coordination. (a) There is established in the state treasury a fund to...
• 342d-84 Revolving Fund; Uses.
  Drinking water financing, see §§340E-31 to 41. §342D-84 Revolving fund; uses. (a) Moneys in the revolving fund, if consistent with the purpose of the...
• 342d-85 Revolving Fund; Deposits.
  Drinking water financing, see §§340E-31 to 41. §342D-85 Revolving fund; deposits. The following may be deposited into the revolving fund: (1) Federal capitalization grant...
• 342d-86 Revolving Fund; Fees, Interest, and Investment on Accounts.
  Drinking water financing, see §§340E-31 to 41. [§342D-86] Revolving fund; fees, interest, and investment on accounts. (a) The director may establish fees for loans,...
• 342d-87 Revolving Fund; Conditions.
  Drinking water financing, see §§340E-31 to 41. [§342D-87] Revolving fund; conditions. (a) The following conditions shall apply to each project receiving water pollution control...
• 342d-88 Revenue Bonds; Authorization.
  Drinking water financing, see §§340E-31 to 41. [§342D-88] Revenue bonds; authorization. (a) The director of health, with the approval of the governor and the...
• 342d-89 Revenue Bonds; Payment and Security.
  Drinking water financing, see §§340E-31 to 41. [§342D-89] Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by...
• 342d-90 Revenue Bonds; Amount Issued.
  Drinking water financing, see §§340E-31 to 41. [§342D-90] Revenue bonds; amount issued. The director may include the costs of undertaking, administering, operating, and maintaining...
• 342d-91 Revenue Bonds; Investment of Proceeds, and Redemption.
  Drinking water financing, see §§340E-31 to 41. [§342D-91] Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its...
• 342d-92 Trustee; Designation; Duties.
  Drinking water financing, see §§340E-31 to 41. [§342D-92] Trustee; designation; duties. The director may designate a trustee for each issue of revenue bonds secured...
• 342d-93 Trust Indenture.
  Drinking water financing, see §§340E-31 to 41. [§342D-93] Trust indenture. (a) Any trust indenture entered into by the director may contain covenants and provisions...

PART VI. DISCHARGES FROM COMMERCIAL PASSENGER VESSELS

• 342d-101 Definitions.
  As used in this part: "Commercial passenger vessel" means a vessel that carries passengers for hire. The term does not include a vessel: (1)...
• 342d-102 Prohibited Discharges; Limitations on Discharges.
  (a) Except as provided in subsection (g), a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the...
• 342d-103 Prohibited Air Emissions.
  (a) No person shall operate an incinerator of a large commercial passenger vessel in any Hawaiian port for the combustion of any waste materials....
• 342d-104 Information-Gathering Requirements.
  (a) Except as provided under section 342D-111, the owner or operator of a commercial passenger vessel shall maintain records and, upon request of the department,...
• 342d-105 Recordkeeping Requirements.
  An owner or operator subject to section 342D-104 shall record the information required to be gathered under that section and shall maintain the records for...
• 342d-106 Reporting Requirements.
  (a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of section 342D-102 shall immediately report that...
• 342d-107 Memorandum of Understanding; Recognition Program.
  (a) Nothing contained in this part shall prevent the State from: (1) Entering into voluntary agreements with any owners or operators of commercial passenger...
• 342d-108 Exemption for Vessels in Innocent Passage.
  This part does not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes...
• 342d-109 Activities of the Department.
  The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the State: (1) Direct in-water monitoring...
• 342d-110 Fine Schedules for Illegal Discharges.
  (a) Any person who fails to comply with any requirement of this part shall be subject to the fines established by the department pursuant to...
• 342d-111 Alternative Terms and Conditions of Vessel Discharges.
  (a) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply...

Last modified: October 27, 2016