Sections
Part I Definitions and General Provisions 342L-1 – 342L-23
Part II Underground Storage Tank Regulation 342L-30 – 342L-37
Part III Department Response Program for Petroleum Releases 342L-50 – 342L-53
Part IV Fuel Tank Advisory Committee 342L-61 – 342L-62

Terms Used In Hawaii Revised Statutes > Chapter 342L - Underground Storage Tanks

  • Activity desk: means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consideration, acts or attempts to act as an intermediary to sell, contract for, arrange, or advertise that it can or will arrange, or has arranged, activities which are furnished by an activity provider. See Hawaii Revised Statutes 468M-1
  • Activity provider: means an individual, firm, corporation, association, partnership, or any group of persons, whether incorporated or not, which provides specialized air, land, or sea tour excursions and activities, but does not mean sellers of airline coupons or tickets. See Hawaii Revised Statutes 468M-1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Animal: means any animal except human beings. See Hawaii Revised Statutes 471-1
  • animal patient: means any animal or group of animals receiving veterinary care from a veterinarian. See Hawaii Revised Statutes 471-1
  • 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.
  • 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.
  • 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
  • Board: means the Hawaii board of veterinary medicine of the State. See Hawaii Revised Statutes 471-1
  • Client: means the animal patient's owner, owner's agent, or other person presenting the animal patient for care. See Hawaii Revised Statutes 471-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Consultation: means when a veterinarian seeks and receives advice in person, telephonically, electronically, or by any other method of communication from another veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit an animal patient. See Hawaii Revised Statutes 471-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 104-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 104-1
  • Department: means the department of health. See Hawaii Revised Statutes 342L-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 468M-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 104-1
  • Director: means the director of health. See Hawaii Revised Statutes 342L-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 468M-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Emergency response: means the response to a natural or human-caused disaster. See Hawaii Revised Statutes 471-1
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • existing tank system: means an underground storage tank or tank system for which installation commenced not later than December 22, 1988. See Hawaii Revised Statutes 342L-1
  • Fraud: Intentional deception resulting in injury to another.
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 104-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indirect supervision: means the veterinarian is not on the premises, but:

         (1)  Has given either written or oral instructions for treatment of the animal patient;

         (2)  Is readily available by telephone or other forms of immediate communication; and

         (3)  Has assumed responsibility for the veterinary care given to the animal patient by a person working under their sponsorship. See Hawaii Revised Statutes 471-1

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: means another state, the District of Columbia, or any territory of the United States, or any province of Canada. See Hawaii Revised Statutes 471-1
  • 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.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Net sales: means gross sales minus the commission paid to activity desks. See Hawaii Revised Statutes 468M-1
  • 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.
  • Operator: means any person in control of, or having responsibility for, the daily operation of the underground storage tank. See Hawaii Revised Statutes 342L-1
  • Overtime compensation: means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement. See Hawaii Revised Statutes 104-1
  • Owner: means :

         (1)  In the case of a particular underground storage tank or tank system in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank or tank system; and

         (2)  In the case of a particular underground storage tank or tank system in use before November 8, 1984, but no longer in use after that date, any person who owned such a tank or tank system immediately before the discontinuation of its use. See Hawaii Revised Statutes 342L-1

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342L-1
  • Permit: means written authorization from the director to install or operate an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
  • Person: means an individual, trust, estate, firm, joint stock company, corporation (including a government corporation), partnership, association, commission, consortium, joint venture, commercial entity, the State or a county, the United States government, federal agency, interstate body, or any other legal entity. See Hawaii Revised Statutes 342L-1
  • Petroleum: means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Hawaii Revised Statutes 342L-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practice of veterinary medicine: includes medical, surgical, and dental care of animals. See Hawaii Revised Statutes 471-1
  • Provider of financial assurance: means a person that provides evidence of financial responsibility for one or more underground storage tanks or tank systems. See Hawaii Revised Statutes 342L-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.
  • Regulated substance: means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to human health, welfare, or the environment. See Hawaii Revised Statutes 342L-1
  • Release: includes , but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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 342L-1
  • Sponsor: means a veterinarian who requests the presence and medical assistance of an individual licensed to engage in the practice of veterinary medicine in another jurisdiction. See Hawaii Revised Statutes 471-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • tank: means any one or combination of tanks (including pipes connected thereto) used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten per cent or more beneath the surface of the ground. See Hawaii Revised Statutes 342L-1
  • tank system: means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. See Hawaii Revised Statutes 342L-1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Variance: means special written authorization from the director to own, install, or operate an underground storage tank or tank system in a manner deviating, or to do an act that deviates, from the requirements of rules adopted under this chapter. See Hawaii Revised Statutes 342L-1
  • Veterinarian: means a person duly licensed in the State to engage in the practice of veterinary medicine. See Hawaii Revised Statutes 471-1
  • Veterinarian-client-patient relationship: includes the provision of on-call or cross-coverage services by a veterinarian who has been designated by a veterinarian with an existing veterinarian-client-patient relationship and has access to relevant animal patient records. See Hawaii Revised Statutes 471-1
  • Veterinary teleadvice: means the provision of health information, opinion, guidance, or recommendations that are not specific to a particular animal through the use of electronic communication, including telephone and audio-visual technology. See Hawaii Revised Statutes 471-1
  • Veterinary telemedicine: means the practice of veterinary medicine subsequent to the establishment of a veterinarian-client-patient relationship where animal patient care, treatment, and services are provided through the use of electronic communication, including telephone and audio-visual technology, consistent with the veterinarian's professional judgment. See Hawaii Revised Statutes 471-1
  • Veterinary telesupervision: means the remote supervision of a veterinary assistant, veterinary technician, or other employee of a veterinarian who administers medication or who renders auxiliary or supporting assistance under the responsible supervision of a veterinarian. See Hawaii Revised Statutes 471-1
  • Veterinary teletriage: means using electronic communication with a client, including through a poison control agency, to provide a timely assessment and decision as to whether to immediately refer an animal patient to a veterinarian for emergency or urgent care. See Hawaii Revised Statutes 471-1