Part I General Provisions 342G-1 – 342G-3
Part II Administration 342G-11 – 342G-15
Part III Integrated Solid Waste Management Planning 342G-21 – 342G-31
Part IV Governmental Coordination 342G-41 – 342G-48
Part V Solid Waste Management Surcharge 342G-61 – 342G-64
Part VI Enforcement and Penalties 342G-71 – 342G-72
Part VII Glass Container Recovery 342G-81 – 342G-87
Part VIII Deposit Beverage Container Program 342G-101 – 342G-122

Terms Used In Hawaii Revised Statutes > Chapter 342G - Integrated Solid Waste Management

  • action: includes an administrative enforcement action by any state or county agency, board, or commission against a landowner for a land use violation or a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land. See Hawaii Revised Statutes 501-151
  • Activity or use limitations: means restrictions or obligations created under this chapter with respect to real property. See Hawaii Revised Statutes 508C-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Auditor: means the office of the auditor. See Hawaii Revised Statutes 342G-101
  • Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
  • Backyard composting: means the small-scale composting of organic materials, primarily yard wastes, at the site where these materials are generated. See Hawaii Revised Statutes 342G-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.
  • Bioconversion: means the processing of the organic fraction of the waste stream through biological or chemical means to perform composting or generate products including, but not limited to, fertilizers, feeds, methane, alcohols, tars, and other products. See Hawaii Revised Statutes 342G-1
  • Certified fee time share interest certificate of title: means a certificate of title for a fee time share interest that has been updated and approved by the assistant registrar in accordance with section 501-261(1). See Hawaii Revised Statutes 501-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial passenger vessel: means any domestic or foreign-flagged marine vessel or air carrier used primarily for transporting persons to, from, or within the State. See Hawaii Revised Statutes 342G-101
  • Common interest community: means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Hawaii Revised Statutes 508C-2
  • 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.
  • Compost: means a relatively stable, decomposed, organic, humus-like material, generated by a composting facility, that is suitable for landscaping or soil amendment purposes. See Hawaii Revised Statutes 342G-1
  • Composting: means a process in which organic solid wastes, such as biosolids (sewage sludge), green or yard waste materials, manures, and non-treated wood chips and shavings, are biologically decomposed and stabilized under controlled conditions to produce a stable humus-like mulch or soil amendment. See Hawaii Revised Statutes 342G-1
  • Consumer: means a person who buys a beverage in a deposit beverage container for use or consumption and pays the deposit. See Hawaii Revised Statutes 342G-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Coordinator: means the state solid waste management coordinator established within the office of solid waste management in the department of health. See Hawaii Revised Statutes 342G-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.
  • Corrugated paper: means a paper product fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. See Hawaii Revised Statutes 342G-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • County: means any county of the State. See Hawaii Revised Statutes 206E-2
  • Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date and time of deregistration: means :

    (1) The date and time that a certificate of title for land, other than a fee time share interest, is recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

    (2) The date and time, if prior to July 1, 2012, when a certificate of title for a fee time share interest was recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter, whether such certificate of title was or is certified by the assistant registrar prior to, subsequent to, or on July 1, 2012;

    (3) July 1, 2012, at 12:01 a. See Hawaii Revised Statutes 501-20

  • Dealer: means a person who engages in the sale of beverages in deposit beverage containers to a consumer for off-premises consumption in the State. See Hawaii Revised Statutes 342G-101
  • Debtor: means a person named as the debtor in a financing statement. See Hawaii Revised Statutes 507D-2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of health. See Hawaii Revised Statutes 342G-1
  • Department: means the department of health. See Hawaii Revised Statutes 508C-2
  • Department: means the department of health. See Hawaii Revised Statutes 342G-101
  • Deposit beverage: means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container. See Hawaii Revised Statutes 342G-1
  • Deposit beverage: means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container. See Hawaii Revised Statutes 342G-101
  • Deposit beverage container: means the individual, separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to sixty-eight fluid ounces, used for containing, at the time of sale to the consumer, a deposit beverage intended for use or consumption in this State. See Hawaii Revised Statutes 342G-101
  • Deposit beverage distributor: means a person who is a manufacturer of beverages in deposit beverage containers in this State, or who imports and engages in the sale of filled deposit beverage containers to a dealer or consumer. See Hawaii Revised Statutes 342G-101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deregistered land: means :

    (1) Land, other than a fee time share interest, that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

    (2) A fee time share interest that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter prior to July 1, 2012, whether the certificate of title is certified by the assistant registrar on, before, or after July 1, 2012; and

    (3) All other fee time share interests. See Hawaii Revised Statutes 501-20

  • Director: means the director of health. See Hawaii Revised Statutes 342G-1
  • Disposal: means the management of solid waste through incineration or landfilling at permitted solid waste facilities. See Hawaii Revised Statutes 342G-1
  • Disposal fee: means a fee that may be charged on items that will eventually end up as solid waste with the intent of factoring into the price or use or disposal of the same the eventual cost of managing the goods as wastes. See Hawaii Revised Statutes 342G-1
  • Document: means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 502-17. See Hawaii Revised Statutes 502-121
  • Electronic: means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties. See Hawaii Revised Statutes 502-121
  • Electronic document: means a document that is stored in an electronic medium. See Hawaii Revised Statutes 502-121
  • Electronic mail: means the transmission of information or a communication by the use of a computer or other electronic means sent to a person identified by a unique address and that is received by that person. See Hawaii Revised Statutes 507-61
  • Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document. See Hawaii Revised Statutes 502-121
  • Enterprise zone: means an area selected by a county and approved by the governor to be eligible for the enterprise zone program established under chapter 209E. See Hawaii Revised Statutes 342G-1
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Environmental management special fund: means the fund created by § 342G-63. See Hawaii Revised Statutes 342G-1
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

    (1) Under a federal or state program governing environmental remediation of real property, including chapter 128D;

    (2) Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or

    (3) Under the state voluntary response program authorized in part II of chapter 128D. See Hawaii Revised Statutes 508C-2

  • 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.
  • Exempt commercial purchaser: means any person purchasing commercial insurance which, at the time of placement, employs or retains a qualified risk manager to negotiate insurance coverage; and has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding twelve months. See Hawaii Revised Statutes 431:8-102
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fee time share interest: means a time share interest, other than a leasehold time share interest, that, at any time on or after July 1, 2011, consists or consisted of, or includes or included an undivided interest in registered land, including but not limited to an undivided interest in one or more fee simple condominium apartments or units established in whole or in part on registered land. See Hawaii Revised Statutes 501-20
  • filing: means to accept, maintain, and preserve all instruments required to be filed. See Hawaii Revised Statutes 501-20
  • Financing statement: means a record filed under chapter 490:9. See Hawaii Revised Statutes 507D-2
  • 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
  • Frivolous: means without any basis in law or fact. See Hawaii Revised Statutes 507D-2
  • Furnishing of materials: includes supplying of: materials incorporated in the improvement or substantially consumed in construction operations or specially fabricated for incorporation in the improvement; building materials used during construction but not remaining in the improvement, diminished by the salvage value of the materials; transportation to bring the materials to the site of the improvement; tools, appliances, or machinery (but not including hand tools), used during the construction but not in excess of the reasonable rental value for the period of actual use. See Hawaii Revised Statutes 507-41
  • General contractor: means a person who enters into a contract with the owner for the improvement of real property. See Hawaii Revised Statutes 507-41
  • Glass container importer: means any person who is engaged in the manufacture of glass containers within the State or who imports glass containers from outside the State for sale or use within the State. See Hawaii Revised Statutes 342G-81
  • Glass incentive: means an incentive paid to licensed recyclers for recycling glass containers. See Hawaii Revised Statutes 342G-81
  • Glassphalt: means an asphaltic concrete mixture utilizing crushed glass, under controlled gradation conditions, as a substitute for a percentage of the aggregate in the mix. See Hawaii Revised Statutes 342G-81
  • Grantee: means a party that acquires interest by way of transfer of real property. See Hawaii Revised Statutes 502-7
  • Grantor: The person who establishes a trust and places property into it.
  • Green waste: means leaves, garden residues, shrubbery and tree trimmings, grass clippings, and similar material. See Hawaii Revised Statutes 342G-1
  • 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.
  • HDPE: means high density polyethylene plastic and containers manufactured from this material. See Hawaii Revised Statutes 342G-1
  • Holder: means a grantee of an environmental covenant as specified in section 508C-3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
  • Home state: means , with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of an individual, the state in which the individual maintains the individual's principal residence; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated. See Hawaii Revised Statutes 431:8-102
  • Household hazardous waste: means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed of, or otherwise managed. See Hawaii Revised Statutes 342G-1
  • Import: means to buy, bring, or accept delivery of glass containers from an address, supplier, or any entity outside of the State of Hawaii. See Hawaii Revised Statutes 342G-81
  • Improvement: includes the construction, repair, alteration of or addition to any building, structure, road, utility, railroad, or other undertaking or appurtenances thereto, and includes any building, construction, erection, demolition, excavation, grading, paving, filling in, landscaping, seeding, sodding, and planting, or any part thereof existing, built, erected, placed, made, or done on real property, or removed therefrom, for its benefit. See Hawaii Revised Statutes 507-41
  • Incineration: means volume reduction by controlled burning of combustible solid waste. See Hawaii Revised Statutes 342G-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Integrated solid waste management: means the use of a variety of waste management practices and processing methods to safely and effectively manage solid waste with the least adverse impact on human health and the environment. See Hawaii Revised Statutes 342G-1
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • judgment: includes an order or decree having the effect of a judgment. See Hawaii Revised Statutes 501-151
  • 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.
  • Labor: includes professional services rendered in furnishing the plans for or in the supervision of the improvement. See Hawaii Revised Statutes 507-41
  • Landfill: means a land site on which engineering principles are utilized to bury deposits of solid waste without creating a nuisance or hazard to public health or safety. See Hawaii Revised Statutes 342G-1
  • Landfilling: means the permitted disposal of solid waste on land in a series of compacted layers and covering the solid waste with soil or other materials. See Hawaii Revised Statutes 342G-1
  • last known electronic mail address: means the postal or electronic mail address provided by the occupant in the latest rental agreement, or the postal or electronic mail address provided by the occupant in a subsequent written notice of a change of address. See Hawaii Revised Statutes 507-61
  • 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
  • Leasehold time share interest: means a time share interest consisting of an undivided interest in an apartment lease. See Hawaii Revised Statutes 501-20
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a document issued by the commissioner authorizing a person to act as a surplus lines broker as specified in the document. See Hawaii Revised Statutes 431:8-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means the lien provided in section 507-42. See Hawaii Revised Statutes 507-41
  • Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
  • Lien claimant: means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded. See Hawaii Revised Statutes 507D-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manure: means excrement generated by animals, such as cows, horses, and chickens, held in captivity or used for agricultural production. See Hawaii Revised Statutes 342G-1
  • Mixed paper: means discarded paper products that are composed of two or more types of paper, including newspaper, corrugated paper, office paper, computer paper, white paper, and coated paper stock. See Hawaii Revised Statutes 342G-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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
  • Nonconsensual common law lien: means a lien that:

    (1) Is not provided for by a specific statute;

    (2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and

    (3) Is not a court-imposed equitable or constructive lien. See Hawaii Revised Statutes 507D-2

  • Notice of time share plan: means a notice of time share plan as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • 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.
  • Occupant: means a person, or the person's sublessee, successor, or assign, who is entitled to the use of designated or individual storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Hawaii Revised Statutes 507-61
  • Office: means the office of solid waste management in the department of health. See Hawaii Revised Statutes 342G-1
  • On-premises consumption: means the consuming of deposit beverages by a patron immediately and within the area under control of the establishment, including bars, restaurants, passenger ships, and airplanes. See Hawaii Revised Statutes 342G-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner of the real property or of any interest therein who enters into a contract for the improvement thereof and who may be the owner in fee of the real property or of a lesser estate therein, the lessee for a term of years therein, the person having any right, title, or interest in the real property which may be sold under legal process, or a vendee in possession under a contract for the purchase of the real property or of any such right, title or interest therein. See Hawaii Revised Statutes 507-41
  • Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, an agent thereof, or any other person authorized to manage the facility, or to receive rent from an occupant under a rental agreement, and no real estate license is required. See Hawaii Revised Statutes 507-61
  • 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 in interest: means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property. See Hawaii Revised Statutes 507D-2
  • Patron: means a person who buys a beverage in a deposit beverage container for use or consumption and does not pay the deposit. See Hawaii Revised Statutes 342G-101
  • Person: means 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 342G-101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 502-121
  • Person: includes natural persons, partnerships, corporations, firms, unincorporated associations, joint ventures, and any other party recognized at law as a person. See Hawaii Revised Statutes 507-41
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 508C-2
  • Personal property: All property that is not real property.
  • Personal property: means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, household items, motor vehicles, and boats. See Hawaii Revised Statutes 507-61
  • PET: means polyethylene terephthalate plastic and containers manufactured from this material. See Hawaii Revised Statutes 342G-1
  • Petroleum: means any petroleum, including crude oil or any fraction thereof, that is liquid at standard temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 342G-1
  • Petroleum-contaminated soil: means soil that has been contaminated by a release of petroleum to a degree that exceeds levels determined to be acceptable by the director. See Hawaii Revised Statutes 342G-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Postconsumer material: means a material that has fulfilled the intent of its original manufacture. See Hawaii Revised Statutes 342G-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Processing: means any technology used for the purpose of reducing the volume or weight, or both, of solid wastes, or any technology used to convert part or all of solid wastes for reuse. See Hawaii Revised Statutes 342G-1
  • Program: means the particular combination of waste management methods selected by each county and designed to achieve the objectives of the state and county integrated solid waste management plans. See Hawaii Revised Statutes 342G-1
  • Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-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.
  • Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
  • Record: means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form. See Hawaii Revised Statutes 508C-2
  • recording: means the act of entering into the public records the written instruments affecting title to real property. See Hawaii Revised Statutes 502-7
  • recording: means to make an entire literal copy of all instruments required to be recorded. See Hawaii Revised Statutes 501-20
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recycling: means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342G-1
  • Recycling facility: means all contiguous land and structures and other appurtenances, and improvements on the land used for the collection, separation, recovery, and sale [or] reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. See Hawaii Revised Statutes 342G-101
  • Redeemer: means a person, other than a dealer or distributor, who demands the refund value in exchange for the empty deposit beverage container. See Hawaii Revised Statutes 342G-101
  • Redemption center: means an operation which accepts from consumers and provides the refund value for empty deposit beverage containers intended to be recycled and ensures that the empty deposit beverage containers are properly recycled. See Hawaii Revised Statutes 342G-101
  • Redemption rate: means the percentage of deposit beverage containers redeemed over a reporting period. See Hawaii Revised Statutes 342G-101
  • Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Rental agreement: means any written agreement or lease which establishes or modifies the terms, conditions, rules, or any other provision concerning the use and occupancy of a self-service storage facility. See Hawaii Revised Statutes 507-61
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
  • Reverse vending machine: means a mechanical device, which accepts one or more types of empty deposit beverage containers and issues a redeemable credit slip with a value not less than the container's refund value. See Hawaii Revised Statutes 342G-101
  • Secondary resources: means postconsumer material collected and processed for feedstock in a manufacturing process. See Hawaii Revised Statutes 342G-1
  • Self-service storage facility: means any real property designed and used for the purpose of renting or leasing designated or individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property, but does not include a garage or other storage area in a private residence. See Hawaii Revised Statutes 507-61
  • 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 residual solids and semisolids resulting from the treatment of wastewater. See Hawaii Revised Statutes 342G-1
  • Signature: means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. See Hawaii Revised Statutes 502-7
  • Solid waste management: means the entire process, or any part thereof, of storage, collection, transportation, transfer, processing, and disposal of solid wastes by any person engaging in these processes. See Hawaii Revised Statutes 342G-1
  • Solid waste stream: means the total flow of solid waste from all waste generators or any segment thereof, that must be processed or disposed of. See Hawaii Revised Statutes 342G-1
  • Source reduction: means the design, manufacture, and use of materials to:

    (1) Minimize the quantity or toxicity, or both, of the waste produced; and

    (2) Reduce the creation of waste either by redesigning products or by otherwise changing societal patterns of consumption, use, or waste generation. See Hawaii Revised Statutes 342G-1

  • Special waste: means any solid waste which, because of its source or physical, chemical, or biological characteristics, requires special consideration for its proper processing or disposal, or both. See Hawaii Revised Statutes 342G-1
  • State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 502-121
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 508C-2
  • State plan: means the integrated solid waste management plan developed by the department of health. See Hawaii Revised Statutes 342G-1
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus lines broker: means any person licensed under section 431:8-310 to place insurance on risks resident, located, or to be performed in this State with unauthorized insurers. See Hawaii Revised Statutes 431:8-102
  • Surplus lines insurance: means any property and casualty insurance on risks procured from or placed with an unauthorized insurer under the laws of the insured's home state. See Hawaii Revised Statutes 431:8-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time share interest: means a time share interest as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
  • Time share plan: means a time share plan as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized insurer: means an insurer not holding a valid certificate of authority to transact an insurance business in the state in which the subject resident is located or in which the insurance contract will be performed. See Hawaii Revised Statutes 431:8-102
  • Uncertified fee time share interest certificate of title: means a certificate of title issued for a fee time share interest that has not been updated and approved by the assistant registrar in accordance with section 501-261(1). See Hawaii Revised Statutes 501-20
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Visible commencement of operations: means the first actual work of improvement as part of a continuous operation, or the first delivery to the site of materials to be used as part of a continuous operation in the improvement, of such manifest and substantial character as to notify interested persons that the real property is being improved or is about to be improved. See Hawaii Revised Statutes 507-41
  • Waste evaluation: means a review of an establishment's disposal practices to assess how those practices can be improved to reduce waste or recover postconsumer materials. See Hawaii Revised Statutes 342G-1
  • Waste reduction: means the reduction of solid waste by weight or volume, or both, through a variety of methods prior to disposal. See Hawaii Revised Statutes 342G-1
  • White goods: means discarded, enamel-coated major appliances, such as washing machines, clothes dryers, hot water heaters, stoves, and refrigerators. See Hawaii Revised Statutes 342G-1
  • Wood waste: means solid waste consisting of wood pieces or particles that are generated from: the manufacturing or production of wood products; the harvesting, processing, or storage of raw wood materials; and construction and demolition activities. See Hawaii Revised Statutes 342G-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.