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2021 Hawaii Revised Statutes
Title 19. Health
342D. Water Pollution
PART I. DEFINITIONS AND GENERAL PROVISIONS
- 342D-1 Definitions.
- 342D-2 Administration.
- 342D-3 Board membership.
- 342D-4 Duties; rules.
- 342D-5 Rules; specific.
- 342D-6 Permits; procedures for.
- 342D-6.5 Hawaiian loko i`a.
- 342D-7 Variances.
- 342D-8 Inspection of premises.
- 342D-9 Enforcement.
- 342D-10 Emergency powers; procedures.
- 342D-11 Injunctive and other relief.
- 342D-12 Appeal.
- 342D-13 Fees.
- 342D-14 Public records; confidential information; penalties.
- 342D-15 Nonliability of department personnel.
- 342D-16 Remedies preserved.
- 342D-17 Enforcement by state and county authorities.
- 342D-18 Other powers of department not affected.
- 342D-19 Effect of laws, ordinances, and rules.
- 342D-20 Priority in courts.
- 342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.
- 342D-30 Civil penalties.
- 342D-31 Administrative penalties.
- 342D-32 Negligent violations.
- 342D-33 Knowing violations.
- 342D-34 Knowing endangerment.
- 342D-35 False statements.
- 342D-36 Treatment of single operational upset.
- 342D-37 Responsible corporate officer as "person".
- 342D-38 Hazardous substance defined.
- 342D-39 Disposition of collected fines and penalties.
- 342D-50 Prohibition.
- 342D-50.5 Treated or raw sewage; prohibition.
- 342D-51 Affirmative duty to report discharges.
- 342D-52 Testing of water and aquatic and other life.
- 342D-53 Certifying agency.
- 342D-54 Wastewater treatment works; financial assistance; grants.
- 342D-55 Recordkeeping and monitoring requirements.
- 342D-56 Complaints; hearings; appointment of masters.
- 342D-57 Public participation activities; appointment of hearings officers.
- 342D-58 Consultation and advice.
- 342D-59 Research, educational, and training programs.
- 342D-60 Annual reports.
- 342D-61 Household aerobic unit approval.
- 342D-70 Use of gray water for irrigation purposes.
- 342D-71 Recycled water use.
- 342D-72 Cesspools; mandatory upgrade, conversion, or connection.
- 342D-80 Definitions.
- 342D-81 Declaration of policy.
- 342D-82 Powers and duties.
- 342D-82.5 Use of American Recovery and Reinvestment Act of 2009 and other federal moneys. (a) The director may provide financial assistance for publicly owned wastewater treatment works for the construction of necessary wastewater infrastructure projects, through the revolving fund, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts. (b) The director may establish a separate account within the revolving fund and assign to that account federal moneys appropriated under federal laws that authorize principal forgiveness, zero and negative interest loans, and grants, including the American Recovery and Reinvestment Act of 2009 and other applicable federal acts. The director may use those moneys and in so doing may include additional requirements and subsidization not applicable to the remainder of the revolving fund, including forgiveness of principal, zero and negative interest loans, and grants to publicly-owned wastewater treatment works that meet eligibility requirements for the revolving fund. (c) The director shall certify that a project receiving financial assistance is entitled to priority over other eligible projects on the basis of water pollution and financial needs, as well as a preference to those projects that can be started and completed expeditiously as stipulated under the American Recovery and Reinvestment Act of 2009 and other applicable federal acts. (d) Among eligible projects, the director may also give priority to projects that incorporate renewable energy, energy efficiency, and conservation measures in wastewater infrastructure, to the extent allowed by federal law. (e) Each project receiving financial assistance shall be in conformance with the conditions for water pollution control financing under section 342D-87(a)(1), (2), (4), and (5), and (b). [L 2009, c 98, §3]
- 342D-83 Revolving fund; establishment, purposes, coordination.
- 342D-84 Revolving fund; uses.
- 342D-85 Revolving fund; deposits.
- 342D-86 Revolving fund; fees, interest, and investment on accounts.
- 342D-87 Revolving fund; conditions.
- 342D-88 Revenue bonds; authorization.
- 342D-89 Revenue bonds; payment and security.
- 342D-90 Revenue bonds; amount issued.
- 342D-91 Revenue bonds; investment of proceeds, and redemption.
- 342D-92 Trustee; designation; duties.
- 342D-93 Trust indenture.
- 342D-101 Definitions.
- 342D-102 Prohibited discharges; limitations on discharges.
- 342D-103 Prohibited air emissions.
- 342D-104 Information-gathering requirements.
- 342D-105 Recordkeeping requirements.
- 342D-106 Reporting requirements.
- 342D-107 Memorandum of understanding; recognition program.
- 342D-108 Exemption for vessels in innocent passage.
- 342D-109 Activities of the department.
- 342D-110 Fine schedules for illegal discharges.
- 342D-111 Alternative terms and conditions of vessel discharges.
Case Notes
Department of health's (DOH) duties under the public trust doctrine requires the DOH to not only issue permits after prescribed measures appear to be in compliance with state regulation, but also to ensure that the prescribed measures are actually being implemented after a thorough assessment of the possible adverse impacts the development would have on the State's natural resources; this duty is consistent with the constitutional mandate under article XI, 1 of the Hawaii constitution and the duties imposed upon the DOH by this chapter and chapter 342E. 111 H. 205, 140 P.3d 985.
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