Hawaii Revised Statutes 342f. Noise Pollution

PART I. DEFINITIONS AND GENERAL PROVISIONS

• 342f-1 Definitions.
  As used in this chapter, unless the context otherwise requires: "Complaint" means any written charge filed with or by the department that a person...
• 342f-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...
• 342f-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 prevent, control, and abate noise...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 342f-10 Citation.
  Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons...
• 342f-11 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...
• 342f-11.5 Disposition of Collected Fines and Penalties.
  Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1991,...
• 342f-12 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...
• 342f-13 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...
• 342f-14 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...
• 342f-15 Public Records; Confidential Information; Penalties.
  Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours...
• 342f-16 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...
• 342f-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...
• 342f-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...
• 342f-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,...
• 342f-20 Effect of Laws, Ordinances, and Rules.
  Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between...
• 342f-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 II. NOISE CONTROL

• 342f-30 Prohibition.
  No person, including any public body, shall engage in activity which produces excessive noise without first securing approval in writing from the director; provided...
• 342f-30.5 Noise Control.
  By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards...
• 342f-30.8 Leaf Blowers; Restrictions.
  (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower...
• 342f-31 Rules; Specific.
  The director may establish by rule: (1) The control of vehicular noise; and (2) Other specific areas for control of excessive noise, thereby allowing...
• 342f-31.5 Noise Measurement; Rules.
  (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems...
• 342f-32 Complaints; Hearings; Appointment of Masters.
  The director may: (1) Receive or initiate complaints of excessive noise, hold hearings in connection with excessive noise, and institute legal proceedings in the...
• 342f-33 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 excessive noise and the...

Last modified: October 27, 2016