Sections
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

  • Administrator: means the administrator of the state procurement office. See Hawaii Revised Statutes 103F-102
  • 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 any department, authority, commission, council, board, committee, institution, legislative body, agency, or other establishment or office of the executive, legislative, or judicial branch of the State, and includes the office of Hawaiian affairs. See Hawaii Revised Statutes 103F-102
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Architect: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, including aesthetic and structural design, or observation of construction, in connection with any private or public buildings, structures, or projects or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health, or property is concerned or involved, when the professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences. See Hawaii Revised Statutes 464-1
  • Auditor: means the office of the auditor. See Hawaii Revised Statutes 342G-101
  • 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
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Board: means Hawaii medical board. See Hawaii Revised Statutes 463E-1
  • Board: means the board of psychology. See Hawaii Revised Statutes 465-1
  • Board: means the radiologic technology board. See Hawaii Revised Statutes 466J-1
  • Certified: means holding a license issued by the board when used in conjunction with the title "radiographer" "radiation therapist" or "nuclear medicine technologist". See Hawaii Revised Statutes 466J-1
  • Chief procurement officer: means those officials designated by section 103D-203. See Hawaii Revised Statutes 103F-102
  • 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
  • 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
  • Continuing education: means courses approved by the American Psychological Association, the Hawaii Psychological Association, or other state or provincial psychological associations. See Hawaii Revised Statutes 465-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means all types of agreements, regardless of what they may be called. See Hawaii Revised Statutes 103F-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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
  • Department: means the department of health. See Hawaii Revised Statutes 342G-1
  • Department: means department of commerce and consumer affairs. See Hawaii Revised Statutes 463E-1
  • Department: means the department of health. See Hawaii Revised Statutes 342G-101
  • Dependent: A person dependent for support upon another.
  • 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
  • Director: means the director of health. See Hawaii Revised Statutes 342G-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 465-1
  • Director: means the director of health. See Hawaii Revised Statutes 466J-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
  • 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 management special fund: means the fund created by section 342G-63. See Hawaii Revised Statutes 342G-1
  • 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
  • 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.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Green waste: means leaves, garden residues, shrubbery and tree trimmings, grass clippings, and similar material. See Hawaii Revised Statutes 342G-1
  • HDPE: means high density polyethylene plastic and containers manufactured from this material. See Hawaii Revised Statutes 342G-1
  • Health and human services: means services to communities, families, or individuals which are intended to maintain or improve health or social well-being. See Hawaii Revised Statutes 103F-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
  • 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.
  • Institution of higher education: means a university, professional school, or other institution of higher learning that:

         (1)  In the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education;

         (2)  In Canada, holds a membership in the Association of Universities and Colleges of Canada; or

         (3)  In other countries, is accredited by the respective official organization having such authority. See Hawaii Revised Statutes 465-1

  • 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
  • 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.
  • Land surveying: means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage. See Hawaii Revised Statutes 464-1
  • land surveyor: means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. See Hawaii Revised Statutes 464-1
  • 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
  • Landscape architect: means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:

         (1)  The preservation and enhancement of land uses and natural land features;

         (2)  The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and

         (3)  The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading. See Hawaii Revised Statutes 464-1

  • Licensed: means the authority to engage in the autonomous practice of psychology. See Hawaii Revised Statutes 465-1
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nuclear medicine technologist: means any person who administers radiopharmaceuticals to human beings and conducts in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
  • Nuclear medicine technology: means the application of radiopharmaceuticals to human beings and the performance of in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • 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
  • 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.
  • 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
  • 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
  • Podiatrist: means a person in the professional practice of podiatric medicine. See Hawaii Revised Statutes 463E-1
  • Postconsumer material: means a material that has fulfilled the intent of its original manufacture. See Hawaii Revised Statutes 342G-1
  • Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Hawaii Revised Statutes 465-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Professional engineer: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, or observation of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data. See Hawaii Revised Statutes 464-1
  • 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
  • Provider: means an organization or individual contracted by a state agency to provide health or human services to the public on its behalf. See Hawaii Revised Statutes 103F-102
  • Psychologist: means a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. See Hawaii Revised Statutes 465-1
  • Purchasing agency: means a state agency authorized to or responsible for entering into contracts to provide health or human services to the public. See Hawaii Revised Statutes 103F-102
  • Quorum: The number of legislators that must be present to do business.
  • Radiation therapist: means any person who applies ionizing radiation to human beings for therapeutic purposes. See Hawaii Revised Statutes 466J-1
  • Radiation therapy technology: means the application of ionizing radiation to human beings for therapeutic purposes. See Hawaii Revised Statutes 466J-1
  • Radiographer: means any person who applies x-rays to human beings for diagnostic purposes. See Hawaii Revised Statutes 466J-1
  • Radiography: means the application of x-rays to human beings for diagnostic purposes. See Hawaii Revised Statutes 466J-1
  • Radiologic technology: means the application of x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Request for proposals: means all documents, whether attached or incorporated by reference, soliciting providers to submit a detailed plan to provide health or human services to the public, on behalf of a state agency. See Hawaii Revised Statutes 103F-102
  • 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
  • Sewage sludge: means residual solids and semisolids resulting from the treatment of wastewater. See Hawaii Revised Statutes 342G-1
  • 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 plan: means the integrated solid waste management plan developed by the department of health. See Hawaii Revised Statutes 342G-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treatment: means services to individuals and families by health or social work professionals which attempt to alleviate physical or mental illness or behavioral problems, including but not limited to, medical treatment, counseling, physical, occupational and other therapeutic services, and referral and case management services for medical treatment, counseling, and other therapeutic services. See Hawaii Revised Statutes 103F-102
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • 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