Terms Used In Hawaii Revised Statutes > Chapter 205A - Coastal Zone Management

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 340E-1
• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• Affiliated: means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager. See Hawaii Revised Statutes 487J-1
• Agency: means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. See Hawaii Revised Statutes 205A-1
• Air pollution: means the presence in the outdoor air of substances in quantities and for durations which may endanger human health or welfare, plant or animal life, or property or which may unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such areas of the State as are affected thereby, but excludes all aspects of employer-employee relationships as to health and safety hazards. See Hawaii Revised Statutes 342B-1
• Allegation: something that someone says happened.
• Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Article: means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems. See Hawaii Revised Statutes 486M-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
• Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340B-1
• Attorney general: means the attorney general of the State of Hawaii. See Hawaii Revised Statutes 486P-1
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. See Hawaii Revised Statutes 205A-1
• Automated recycling kiosk: means an interactive device that is installed within a secure retail space and performs the following technological functions:
  (1)Only accepts for recycling previously owned handheld electronic cellular phone devices;
  (2)Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;
  (3)Securely stores devices accepted by the kiosk;
  (4)Records images of the seller and the devices accepted during the transaction;
  (5)Possesses computerized record-keeping and transmittal capabilities;
  (6)Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and
  (7)Can be remotely opened upon request by law enforcement during normal business hours. See Hawaii Revised Statutes 486M-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beach: includes sand deposits in nearshore submerged areas, or sand dunes or upland beach deposits landward of the shoreline, that provide benefits for public use and recreation, for coastal ecosystems, and as a natural buffer against coastal hazards. See Hawaii Revised Statutes 205A-1
• Board: means the board of certification established by § 340F-4. See Hawaii Revised Statutes 340F-1
• Board: means the board of certification established by § 340B-4. See Hawaii Revised Statutes 340B-1
• Board approval: means approval by the board of land and natural resources pursuant to chapter 183C. See Hawaii Revised Statutes 205A-41
• Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Hawaii Revised Statutes 486P-1
• Business: means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. See Hawaii Revised Statutes 487J-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487N-1
• Business day: means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 486N-1
• Buyer: means a natural person who enters into a health club contract. See Hawaii Revised Statutes 486N-1
• CFC: means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds. See Hawaii Revised Statutes 342C-1
• Clean Air Act: means the federal Clean Air Act of 1963 as amended (42 United States Code § 7401 et seq. See Hawaii Revised Statutes 342B-1
• Coastal hazards: means any tsunami, hurricane, wind, wave, storm surges, high tide, flooding, erosion, sea level rise, subsidence, or point and nonpoint source pollution. See Hawaii Revised Statutes 205A-1
• Coastal zone management area: means all lands of the State and the area extending seaward from the shoreline to the limit of the State's police power and management authority, including the United States territorial sea. See Hawaii Revised Statutes 205A-1
• Coastal zone management program: means the comprehensive statement in words, maps, or other permanent media of communication, prepared, approved for submission, and amended by the State and approved by the United States government pursuant to Public Law No. See Hawaii Revised Statutes 205A-1
• Commission: means the public utilities commission. See Hawaii Revised Statutes 486H-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance plan: means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this chapter and includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the department no less frequently than every six months. See Hawaii Revised Statutes 342B-1
• Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
• Content: means information, other than login information, that is contained in a protected personal online account, accessible to the account holder, and not publicly available. See Hawaii Revised Statutes 487G-2
• Contract: A legal written agreement that becomes binding when signed.
• Contract price: means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. See Hawaii Revised Statutes 486N-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the environmental advisory council established in this chapter. See Hawaii Revised Statutes 341-2
• Council: means the information privacy and security council established under section 487N-5. See Hawaii Revised Statutes 487N-1
• Council: means the compliance advisory council. See Hawaii Revised Statutes 342B-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Covered source: means :

  (1) Any major source;

  (2) Any source subject to a standard of performance for new stationary sources as established by the director pursuant to this chapter;

  (3) Any source subject to an emissions standard for hazardous air pollutants as established by the director pursuant to this chapter;

  (4) Any source subject to the rules for the prevention of significant deterioration of air quality as established by the director pursuant to this chapter; and

  (5) Any source in a source category designated by the director. See Hawaii Revised Statutes 342B-1

• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer. See Hawaii Revised Statutes 486M-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Hawaii Revised Statutes 342C-1
• Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-22
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-41
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 486N-1
• Department: means the department of health. See Hawaii Revised Statutes 340E-1
• Department: means the department of health. See Hawaii Revised Statutes 342B-1
• Dependent: A person dependent for support upon another.
• Director: means the director of health. See Hawaii Revised Statutes 340F-1
• Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• Director: means the director of health. See Hawaii Revised Statutes 342C-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 486N-1
• Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 340E-1
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 340B-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Drinking water fund: means the drinking water treatment revolving loan fund established by section 340E-35. See Hawaii Revised Statutes 340E-31
• Educational institution: includes :

  (1) A public or private institution; and

  (2) An agent or designee of the educational institution. See Hawaii Revised Statutes 487G-2

• Educational officers: includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service. See Hawaii Revised Statutes 302A-101
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 487G-2
• Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
• Employee: includes :

  (1) A prospective employee who has:

  (A) Expressed to the employer an interest in being an employee; or

  (B) Applied for or is applying for employment by, or is being recruited for employment by, the employer; and

  (2) An independent contractor. See Hawaii Revised Statutes 487G-2

• Employee benefit plan: means any plan as defined in title 29 United States Code § 1002(3), as amended. See Hawaii Revised Statutes 487J-1
• Employer: includes an agent or designee of the employer. See Hawaii Revised Statutes 487G-2
• encrypted: means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key. See Hawaii Revised Statutes 487N-1
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• EPA risk assessment guidelines: means guidelines developed by the United States Environmental Protection Agency for the assessment of health risks from environmental pollutants and includes, but is not limited to, Guidelines for Estimating Exposures, Guidelines for Mutagenicity Risk Assessment, Guidelines for the Health Assessment of Suspect Developmental Toxicants, and Guidelines for the Health Risk Assessment of Chemical Mixtures. See Hawaii Revised Statutes 340E-21
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Act: means the Safe Drinking Water Act, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the Safe Drinking Water Act Amendments of 1996, Public Law 104-182. See Hawaii Revised Statutes 340E-1
• Federal agency: means any department, agency, or instrumentality of the United States. See Hawaii Revised Statutes 340E-1
• Federal drinking water guidelines: means a proposed maximum contamination level, health advisory, or other guidance developed by the United States Environmental Protection Agency to assist a state agency in responding to a contaminant in drinking water for which no maximum contamination level (MCL) is established. See Hawaii Revised Statutes 340E-21
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive dust: means uncontrolled emission of solid airborne particulate matter from any source other than combustion. See Hawaii Revised Statutes 342B-1
• Gasoline: includes gasoline, benzol, benzine, naphtha, and any other liquid prepared, advertised, offered for sale, sold for use as, or used for, the generation of power for the propulsion of motor vehicles, including any product obtained by blending together any one or more petroleum products with or without other products, if the resultant product is capable of the same use. See Hawaii Revised Statutes 486H-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487J-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487N-1
• Government issued identification: means :
  (1) A passport issued by the United States of America;
  (2) A [driver's] license issued pursuant to any state or District of Columbia law;
  (3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or
  (4) An identification card issued by any branch of the Armed Forces of the United States of America. See Hawaii Revised Statutes 486M-1
• gross premiums: as used in this part shall not include consideration paid for annuities. See Hawaii Revised Statutes 431:7-201
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guest: means a person who is registered at the hotel and to whom a bedroom is assigned. See Hawaii Revised Statutes 486K-1
• Halon: means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402. See Hawaii Revised Statutes 342C-1
• Hazardous air pollutant: means those hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as amended, 42 United States Code § 7412(b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-1
• Health club: means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. See Hawaii Revised Statutes 486N-1
• Health club contract: means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days. See Hawaii Revised Statutes 486N-1
• Injection: means the subsurface emplacement of any material, liquid, semi-solid, or solid, or any admixture thereof, which may add a contaminant to underground waters. See Hawaii Revised Statutes 340E-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interim action level: means a level established by the director of health for a contaminant in a public drinking water supply for which a maximum contamination level is not established by the EPA. See Hawaii Revised Statutes 340E-21
• Jobber: means every wholesaler of petroleum products. See Hawaii Revised Statutes 486H-1
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• keeper: includes any individual, firm, or corporation actually operating a hotel. See Hawaii Revised Statutes 486K-1
• Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
• Lead agency: means the office of planning and sustainable development. See Hawaii Revised Statutes 205A-1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Login information: means a username and password, password, or other means or credentials of authentication required to access or control:

  (1) A protected personal online account; or

  (2) An electronic device, which the employee's employer or the student's educational institution has not supplied or paid for in full, that itself provides access to or control over the account. See Hawaii Revised Statutes 487G-2

• Login requirement: means a requirement that login information be provided before a protected personal online account or electronic device can be accessed or controlled. See Hawaii Revised Statutes 487G-2
• Major source: means any stationary source, or any group of stationary sources that are located on one or more contiguous properties, and are under common control, belonging to a single major industrial grouping and that emits or has the potential to emit, considering controls:

  (1) Any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more, twenty-five tons per year or more of any combination, or such lesser quantity as the director may establish by rule;

  (2) One hundred tons per year or more of any regulated air pollutant, including fugitive emissions of any such regulated air pollutant as the director may establish by rule; and

  (3) For radionuclides, "major source" shall have the meaning specified by the director by rule. See Hawaii Revised Statutes 342B-1

• Manufacturer: means every producer or refiner of petroleum products on January 1, 1992, or any subsidiary of that producer or refiner. See Hawaii Revised Statutes 486H-1
• Marine: means ocean and ocean-related resources. See Hawaii Revised Statutes 205A-61
• Marketing: means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service. See Hawaii Revised Statutes 487J-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National primary drinking water regulations: means primary drinking water regulations promulgated by the administrator pursuant to the Federal Act. See Hawaii Revised Statutes 340E-1
• Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Hawaii Revised Statutes 486P-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 205A-1
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• Online: means accessible by means of a computer network or the Internet. See Hawaii Revised Statutes 487G-2
• Operator: means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system. See Hawaii Revised Statutes 340F-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means any person who owns, leases, operates, controls, or supervises a stationary source. See Hawaii Revised Statutes 342B-1
• Ozone-depleting compound: means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound. See Hawaii Revised Statutes 342C-1
• Participating manufacturer: has the meaning given that term in section II(jj) of the Master Settlement Agreement and all amendments thereto. See Hawaii Revised Statutes 486P-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means each person named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
• Pawnbroker: means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445. See Hawaii Revised Statutes 486M-1
• Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
• Permit program: means the program established pursuant to part III of this chapter. See Hawaii Revised Statutes 342B-1
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity. See Hawaii Revised Statutes 340F-1
• Person: includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization. See Hawaii Revised Statutes 342C-1
• Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Hawaii Revised Statutes 487G-2
• Person: means an individual, corporation, or partnership, and an organization or association, whether or not incorporated. See Hawaii Revised Statutes 205A-1
• Person: means an individual, corporation, company, association, partnership, county, city and county, state, or federal agency. See Hawaii Revised Statutes 340E-1
• Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other legal entity. See Hawaii Revised Statutes 340B-1
• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487N-1

• Personal property: All property that is not real property.
• Petroleum products: includes motor vehicle fuel, residual oils number 4, 5, and 6, and all grades of jet (turbo) fuel. See Hawaii Revised Statutes 486H-1
• Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 487J-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the Hawaii ocean resources management plan, created and approved by the Hawaii ocean and marine resources council, as amended by the lead agency. See Hawaii Revised Statutes 205A-61
• Portable: means capable of being carried in hand by one individual. See Hawaii Revised Statutes 342C-1
• Pre-tax: when used in reference to a price means such price net of the fuel-related or other taxes assessed when the gasoline is sold. See Hawaii Revised Statutes 486H-1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Primary drinking water regulation: means a regulation or rule which:

  (1) Applies to public water systems;

  (2) Specifies contaminants which, in the judgment of the director, may have any adverse effect on the health of persons;

  (3) Specifies for each contaminant either:

  (A) A maximum contaminant level if, in the judgment of the director, it is economically and technologically feasible to ascertain the level of such contaminant in public water systems; or

  (B) If, in the judgment of the director, it is not economically or technologically feasible to ascertain the contaminant level[,] each treatment technique known to the director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of § 340E-2; and

  (4) Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including accepted methods for quality control and testing procedures to insure compliance with such levels and proper operation and maintenance of the system, and requirements as to:

  (A) The minimum quality of water which may be taken into the system; and

  (B) Siting for new facilities for public water systems. See Hawaii Revised Statutes 340E-1

• Protected personal online account: means any online account maintained by an employee or a student, including social media or electronic mail accounts, that is protected by a login requirement. See Hawaii Revised Statutes 487G-2
• Public advisory body: means the advisory body established in section 205A-3. See Hawaii Revised Statutes 205A-1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
• Public water system: means a system which provides water for human consumption through pipes or other constructed conveyances if the system has at least fifteen service connections or regularly serves at least twenty-five individuals. See Hawaii Revised Statutes 340E-1
• Publicly available: means available to the general public. See Hawaii Revised Statutes 487G-2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 487G-2
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487N-1
• Redacted: means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data. See Hawaii Revised Statutes 487J-1
• Regulated air pollutant: means :

  (1) Nitrogen oxides or any volatile organic compound;

  (2) Any air pollutant for which a national or state ambient air quality standard has been adopted; and

  (3) Any air pollutant that is established by rule pursuant to this chapter pertaining to standards of performance for new stationary sources and emissions standards for hazardous air pollutants. See Hawaii Revised Statutes 342B-1

• Reliable analytical data: means information approved by the director as indicating the presence of a contaminant in a water sample at or above the limit of detection and developed according to generally recognized standards of good field practices and good laboratory practices for sampling and analysis of contaminants in water. See Hawaii Revised Statutes 340E-21
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: means any exchange, gift, or other disposition. See Hawaii Revised Statutes 486H-1
• scanning: means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. See Hawaii Revised Statutes 487J-1
• Secondhand dealer: means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445. See Hawaii Revised Statutes 486M-1
• Security box: means any metal or alloy box, used in a hotel for the safekeeping of any valuables, which may be securely locked with a locking mechanism that meets or exceeds Underwriters Laboratories standards and which shall be secured in a manner which precludes its removal from the room. See Hawaii Revised Statutes 486K-1
• Security breach: means an incident of unauthorized access to and acquisition of unencrypted or unredacted records or data containing personal information where illegal use of the personal information has occurred, or is reasonably likely to occur and that creates a risk of harm to a person. See Hawaii Revised Statutes 487N-1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shoreline: means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 205A-1
• Shoreline area: shall include all of the land area between the shoreline and the shoreline setback line and may include the area between mean sea level and the shoreline; provided that if the highest annual wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this part extends seaward of the shoreline, then the term "shoreline area" shall include the entire structure. See Hawaii Revised Statutes 205A-41
• Shoreline setback line: means that line established in this part or by the county running inland from the shoreline at a horizontal plane. See Hawaii Revised Statutes 205A-41
• Small business ombudsman: means the small business ombudsman for air pollution control established pursuant to section 342B-63. See Hawaii Revised Statutes 342B-1
• Small business stationary source: means a stationary source that:

  (1) Is owned or operated by a person that employs one hundred or fewer individuals;

  (2) Is independently owned and operated and not dominant in its field or as otherwise defined by the federal Small Business Act (42 United States Code § 631 et seq. See Hawaii Revised Statutes 342B-1

• Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Special management area: means the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977, or as amended pursuant to § 205A-23. See Hawaii Revised Statutes 205A-22
• Special management area minor permit: means an action by the authority authorizing development the valuation of which is not in excess of $500,000 and which has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects. See Hawaii Revised Statutes 205A-22
• Special management area use permit: means an action by the authority authorizing development the valuation of which exceeds $500,000 or which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. See Hawaii Revised Statutes 205A-22
• Specifically identified content: means data or information stored in a protected personal online account that is identified with sufficient particularity to distinguish the discrete individual pieces of content being sought from a substantial percentage of other data or information stored in the account with which it may share similar characteristics. See Hawaii Revised Statutes 487G-2
• State: means a state of the United States, the District of Columbia, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 487G-2
• Stationary source: means any piece of equipment or any activity at a building, structure, facility, or installation that emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Statute: A law passed by a legislature.
• Structure: includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. See Hawaii Revised Statutes 205A-22
• Structure: includes , but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. See Hawaii Revised Statutes 205A-41
• Student: includes :

  (1) A prospective student who expresses to the institution an interest in being admitted to, applies for admission to, or is being recruited for admission by, the educational institution; and

  (2) A parent or legal guardian of a student under the age of eighteen years. See Hawaii Revised Statutes 487G-2

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• Supplier of water: means any person who owns or operates a public water system. See Hawaii Revised Statutes 340E-1
• Teacher: means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers. See Hawaii Revised Statutes 302A-101
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product manufacturer: means any person that is a "tobacco product manufacturer" as defined in § 675-2. See Hawaii Revised Statutes 486P-1
• Trustee: A person or institution holding and administering property in trust.
• Valuables: includes money, bank notes, bonds, precious stones, jewelry, ornaments, watches, securities, transportation tickets, photographic cameras, checks, drafts, and other negotiable instruments, business papers, documents, and other papers, and other articles of value. See Hawaii Revised Statutes 486K-1
• Variance: means special written authorization from the director to cause or emit any regulated air pollutant in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules or standards adopted pursuant to this chapter. See Hawaii Revised Statutes 342B-1