Terms Used In Hawaii Revised Statutes > Chapter 205A > Part II - Special Management Areas

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 340E-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
• 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.
• 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.
• 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
• 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.
• 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
• 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
• 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
• Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
• 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
• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• 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
• 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 commerce and consumer affairs. See Hawaii Revised Statutes 486N-1
• Department: means the department of health. See Hawaii Revised Statutes 340E-1
• Director: means the director of health. See Hawaii Revised Statutes 340F-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
• Drinking water fund: means the drinking water treatment revolving loan fund established by section 340E-35. See Hawaii Revised Statutes 340E-31
• 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
• 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.
• 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 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.
• 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
• Guest: means a person who is registered at the hotel and to whom a bedroom is assigned. See Hawaii Revised Statutes 486K-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
• 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
• 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
• 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
• 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
• 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
• 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.
• 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
• 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: 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
• Personal property: All property that is not real property.
• 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 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• 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
• 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
• 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
• 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
• 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