[ 342J-56]  Emergency powers; procedures.  (a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling of any used oil or used oil fuel may present an imminent and substantial endangerment to health or the environment, the governor or the director, without a public hearing, may secure or order relief that may be necessary to abate the danger or threat.  The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.  The governor or the director may also institute a civil action in any environmental court of competent jurisdiction to secure any relief that may be necessary to abate the danger or threat.

Terms Used In Hawaii Revised Statutes 342J-56

  • Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 342J-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Statute: A law passed by a legislature.
  • Used oil: means any oil (regardless of whether it is a hazardous waste) that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. See Hawaii Revised Statutes 342J-51

     (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 the declaration, if the power is conferred by statute or constitutional provision, or inheres in the office.