Hawaii Revised Statutes 342h. Solid Waste Pollution

PART I. DEFINITIONS AND GENERAL PROVISIONS

• 342h-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...
• 342h-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...
• 342h-2.5 Department of Health; Delegation of Enforcement Powers.
  The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested...
• 342h-3 Duties; Rules; 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 solid...
• 342h-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...
• 342h-4.5 Repealed.
  L 2007, c 25, §1.
• 342h-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...
• 342h-6 Inspection of Premises.
  The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid...
• 342h-7 Enforcement.
  (a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this...
• 342h-8 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...
• 342h-9 Penalties.
  (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant...
• 342h-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...
• 342h-10.5 Disposition of Collected Fines and Penalties.
  Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving...
• 342h-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...
• 342h-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...
• 342h-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...
• 342h-14 Public Records; Confidential Information; Penalties.
  Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department shall be made available for...
• 342h-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...
• 342h-16 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...
• 342h-17 Enforcement by State and County Authorities.
  All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department. [L 1989,...
• 342h-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,...
• 342h-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) Except as provided in section 342H-30(c),...
• 342h-20 Priority in Courts.
  All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit...
• 342h-21 Unauthorized Removal of Recyclable Materials.
  No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any...

PART II. SOLID WASTE CONTROL

• 342h-30 Prohibition; Civil.
  (a) No person, including any public body, shall engage in the operation of an open dump. (b) No person, including any public body, shall...
• 342h-31 Rules; Specific.
  The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems. [L 1989,...
• 342h-32 Plans and Reports.
  The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of,...
• 342h-33 Appointment of Masters.
  The director may appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §4]
• 342h-34 Consultation and Advice.
  The director may consult with and advise any person engaged or intending to be engaged in the management of solid waste. [L 1989, c...
• 342h-35 Research, Educational, and Training Programs.
  The director may: (1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution...
• 342h-36 Recycling for Agricultural Purposes; Encouraged.
  The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and...
• 342h-36.5 Leaf Blower Debris.
  (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or...
• 342h-37 Felony Disposal of Solid Waste.
  (a) A person commits the offense of felony disposal of solid waste if the person: (1) Knowingly discards, disposes of, deposits, discharges, or dumps...
• 342h-38 Felony Disposal of Solid Waste; Deferred Prosecution Agreement.
  First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all...
• 342h-39 Petty Misdemeanor Disposal of Solid Waste.
  (a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid...

PART III. PLASTIC CONTAINER CODING

• 342h-41 Definitions.
  As used in this part, unless the context otherwise requires: "Label" means a molded imprint or raised symbol on or near the bottom of...
• 342h-42 Prohibition.
  On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid...

PART IV. MUNICIPAL SOLID WASTE LANDFILL CRITERIA

• 342h-51 Definitions.
  Unless otherwise explicitly stated, the definitions provided in section 342H-1 shall control the meaning of the terms used in this part. As used in...
• 342h-52 Prohibition.
  No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit,...
• 342h-53 Applicability and Requirements.
  (a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991....
• 342h-54 Public Participation.
  The director may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective...
• 342h-55 Rules; Specific.
  The director may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care...
• 342h-56 Other Powers.
  In addition to any other power or duty prescribed by law or this part, the director may establish by rule a municipal solid waste...
• 342h-57 Intervention.
  Any person shall have the right to intervene in any civil action to enforce the provisions of this part if the person has an...

Last modified: October 27, 2016