Hawaii Revised Statutes 342p. Asbestos and Lead

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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...

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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...

PART III. ASBESTOS EMISSION AND LEAD HAZARD CONTROL

• 342p-40 Prohibition.
  Part heading amended by L 1998, c 242, pt of §3. §342P-40 Prohibition. No person, including any public body, shall engage in any activity...
• 342p-41 Powers and Duties; Specific.
  Part heading amended by L 1998, c 242, pt of §3. §342P-41 Powers and duties; specific. The director may: (1) Establish emission and lead...
• 342p-42 Recordkeeping and Monitoring Requirements.
  Part heading amended by L 1998, c 242, pt of §3. §342P-42 Recordkeeping and monitoring requirements. The director may require the owner or operator...
• 342p-43 Complaints; Hearings; Appointment of Masters.
  Part heading amended by L 1998, c 242, pt of §3. §342P-43 Complaints; hearings; appointment of masters. The director may: (1) Receive or initiate...
• 342p-44 Research, Education, and Training Programs.
  Part heading amended by L 1998, c 242, pt of §3. §342P-44 Research, education, and training programs. The director may: (1) Conduct and supervise...

Last modified: October 27, 2016