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2022 Hawaii Revised Statutes
Title 19. Health
342P. Asbestos and Lead
PART I. DEFINITIONS AND GENERAL PROVISIONS
- 342P-1 Definitions.
- 342P-2 Administration.
- 342P-3 Duties, rules, powers, appointment of hearings officers.
- 342P-4 Inspection of premises.
- 342P-5 Enforcement; education.
- 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 detailed description of present conditions, how present conditions do not conform to applicable standards, and any other information that the department may require by rule. (b) Each application for a variance shall be reviewed by the department. Additional information may be requested by the department for review. (c) Whenever an application for a variance is approved, the department shall issue a variance authorizing the deviation from established asbestos or lead-based paint hazards standards. No variance shall be granted by the department unless the application and the supporting information clearly show that: (1) The continuation of the function or operation involved in the deviation from asbestos or lead standards occurring or proposed to occur by the granting of the variance is in the public interest; (2) The authorized variance occurring or proposed to occur does not substantially endanger human health or safety; and (3) Compliance with the applicable standards or rules from which a variance is sought would produce serious hardship without equal or greater benefits to the public. (d) Any variance or renewal of a variance shall be granted within the requirements of this section, and for time periods consistent with the reasons given within the following limitations: (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, control, or abatement of the asbestos or lead involved, it shall be only until the necessary means for prevention, control, or abatement becomes practicable. The variance shall be granted subject to the taking of any substitute or alternate measures that the department may prescribe. No renewal of a variance granted under this subsection shall be allowed without a thorough review of known and available means of preventing, controlling, or abating the asbestos or lead hazards inv
- 342P-6 Emergency powers; procedures.
- 342P-7 Noise, radiation, and indoor air quality special fund; established.
- 342P-8 Asbestos and lead abatement special fund.
- 342P-20 Civil penalties.
- 342P-21 Administrative penalties.
- 342P-22 Negligent violations.
- 342P-23 Criminal penalties.
- 342P-24 Knowing endangerment.
- 342P-25 False statements.
- 342P-26 Injunctive and other relief.
- 342P-27 Appeal.
- 342P-28 Fees.
- 342P-29 Public records; confidential information; penalties.
- 342P-30 Other action not barred.
- 342P-31 Enforcement by state and county authorities.
- 342P-32 Other powers of department not affected.
- 342P-33 Effect of laws, ordinances, and rules.
- 342P-34 Priority in courts.
Note
Chapter heading amended by L 1998, c 242, 2.
Cross References
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
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