(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.

Terms Used In Hawaii Revised Statutes 342D-10

  • Act: means the Clean Water Act (formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), P. See Hawaii Revised Statutes 342D-1
  • Director: means the director of health. See Hawaii Revised Statutes 342D-1
  • Management practices: include treatment, processing, storage, transport, use, and disposal. See Hawaii Revised Statutes 342D-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342D-1
  • Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
  • Sewage sludge: means any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Hawaii Revised Statutes 342D-1
  • Statute: A law passed by a legislature.
  • waste: means any liquid, gaseous, and solid substance, whether treated or not, and whether or not it pollutes or tends to pollute state waters, and "waste" excludes industrial and agricultural substances that are not combined with substances from humans or household operations. See Hawaii Revised Statutes 342D-1
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.

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