Terms Used In Hawaii Revised Statutes > Chapter 342D > Part I - Definitions and General Provisions

• 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
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• 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: 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 487R-1
• certification: means a statement that asserts that a proposed discharge resulting from any activity, including but not limited to the construction or operation of facilities, will not violate applicable water quality standards; water quality related state laws; or water quality related provisions in sections 301, 302, 303, 306, and 307 of the Act. See Hawaii Revised Statutes 342D-1
• Coastal waters: means all waters surrounding the islands of the State from the coast of any island to a point three miles seaward from the coast, and, in the case of streams, rivers, and drainage ditches, to a point three miles seaward from their point of discharge into the sea and includes those brackish waters, fresh waters, and salt waters that are subject to the ebb and flow of the tide. See Hawaii Revised Statutes 342D-1
• Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
• Contract: A legal written agreement that becomes binding when signed.
• 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 information privacy and security council established under section 487N-5. See Hawaii Revised Statutes 487N-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of health. See Hawaii Revised Statutes 342D-1
• Director: means the director of health. See Hawaii Revised Statutes 342D-1
• Disability: means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. See Hawaii Revised Statutes 489-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Effluent: means any substance discharged into state waters, publicly owned treatment works, or sewerage systems, including, but not limited to, sewage, waste, garbage, feculent matter, offal, filth, refuse, any animal, mineral, or vegetable matter or substance, and any liquid, gaseous, or solid substances. See Hawaii Revised Statutes 342D-1
• 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 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}
• 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.
• Gender identity or expression: includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. See Hawaii Revised Statutes 489-2
• 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 agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or any county. See Hawaii Revised Statutes 487R-1
• Gray water: means any untreated wastewater that has not come into contact with toilet waste. See Hawaii Revised Statutes 342D-1
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Management practices: include treatment, processing, storage, transport, use, and disposal. See Hawaii Revised Statutes 342D-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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 or agency named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342D-1
• Permit: means written authorization from the director to discharge waste or to construct, modify, or operate any water pollution source. 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
• Person: has the meaning prescribed in section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency. See Hawaii Revised Statutes 489-2
• 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 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 487R-1

• Place of public accommodation: means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. See Hawaii Revised Statutes 489-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means any arrangement by which a person as defined in § 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan. See Hawaii Revised Statutes 488-1
• Plan administrator: means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. See Hawaii Revised Statutes 488-1
• Pollution: means water pollution. See Hawaii Revised Statutes 342D-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.
• 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
• 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 487R-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service animal: means the same as defined in section 347-2. See Hawaii Revised Statutes 489-2
• 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.
• 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
• Sexual orientation: means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. See Hawaii Revised Statutes 489-2
• Standard of performance: means a standard for the control of the discharge of water pollutants which reflects the greatest degree of effluent reduction which the director determines to be achievable through application of the best demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of water pollutants. See Hawaii Revised Statutes 342D-1
• State waters: means all waters, fresh, brackish, or salt, around and within the State, including but not limited to coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded. See Hawaii Revised Statutes 342D-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Territorial seas: means the belt of the seas measured from the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. See Hawaii Revised Statutes 342D-1
• Testify: Answer questions in court.
• Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
• Trustee: A person or institution holding and administering property in trust.
• Variance: means special written authorization from the director to cause or discharge waste or water pollution in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342D-1
• Venue: The geographical location in which a case is tried.
• 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
• wastewater: means any liquid "waste" as used above, whether treated or not. See Hawaii Revised Statutes 342D-1
• Water pollutant: means dredged spoil, solid refuse, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, sediment, cellar dirt and industrial, municipal, and agricultural waste. See Hawaii Revised Statutes 342D-1
• Water pollution: means :
  (1) Such contamination or other alteration of the physical, chemical, or biological properties of any state waters, including change in temperature, taste, color, turbidity, or odor of the waters, or
  (2) Such discharge of any liquid, gaseous, solid, radioactive, or other substances into any state waters,

  as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental, or injurious to public health, safety, or welfare, including harm, detriment, or injury to public water supplies, fish and aquatic life and wildlife, recreational purposes and agricultural and industrial research and scientific uses of such waters or as will or is likely to violate any water quality standards, effluent standards, treatment and pretreatment standards, or standards of performance for new sources adopted by the department. See Hawaii Revised Statutes 342D-1

• Water quality standards: means provisions of state law that provide for a designated use or designated uses for state waters and water quality criteria for the waters based upon these uses. See Hawaii Revised Statutes 342D-1