Terms Used In Hawaii Revised Statutes > Chapter 459
- Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
- Air pollution: means the presence in the outdoor air of substances in quantities and for durations which may endanger human health or welfare, plant or animal life, or property or which may unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such areas of the State as are affected thereby, but excludes all aspects of employer-employee relationships as to health and safety hazards. See Hawaii Revised Statutes 342B-1
- Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
- 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.
- Board: means the Hawaii board of optometry. See Hawaii Revised Statutes 459-1.5
- Clean Air Act: means the federal Clean Air Act of 1963 as amended (42 United States Code section 7401 et seq. See Hawaii Revised Statutes 342B-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.
- Council: means the compliance advisory council. See Hawaii Revised Statutes 342B-1
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Department: means the department of health. See Hawaii Revised Statutes 342B-1
- Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 459-1.5
- Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 340E-1
- Director: means the director of health. See Hawaii Revised Statutes 342B-1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Drinking water fund: means the drinking water treatment revolving loan fund established by section 340E-35. See Hawaii Revised Statutes 340E-31
- Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-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.
- Federal Act: means the Safe Drinking Water Act, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the Safe Drinking Water Act Amendments of 1996, Public Law 104-182. See Hawaii Revised Statutes 340E-1
- Fraud: Intentional deception resulting in injury to another.
- Fugitive emissions: means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. See Hawaii Revised Statutes 342B-1
- Hazardous air pollutant: means those hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as amended, 42 United States Code section 7412 (b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-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.
- Major source: means any stationary source, or any group of stationary sources that are located on one or more contiguous properties, and are under common control, belonging to a single major industrial grouping and that emits or has the potential to emit, considering controls:
(1) Any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more, twenty-five tons per year or more of any combination, or such lesser quantity as the director may establish by rule;
(2) One hundred tons per year or more of any regulated air pollutant, including fugitive emissions of any such regulated air pollutant as the director may establish by rule; and
(3) For radionuclides, "major source" shall have the meaning specified by the director by rule. See Hawaii Revised Statutes 342B-1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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 named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
- Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
- Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
- Public water system: means a system which provides water for human consumption through pipes or other constructed conveyances if the system has at least fifteen service connections or regularly serves at least twenty-five individuals. See Hawaii Revised Statutes 340E-1
- Regulated air pollutant: means :
(1) Nitrogen oxides or any volatile organic compound;
(2) Any air pollutant for which a national or state ambient air quality standard has been adopted; and
(3) Any air pollutant that is established by rule pursuant to this chapter pertaining to standards of performance for new stationary sources and emissions standards for hazardous air pollutants. See Hawaii Revised Statutes 342B-1
- Small business ombudsman: means the small business ombudsman for air pollution control established pursuant to section 342B-63. See Hawaii Revised Statutes 342B-1
- Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
- Stationary source: means any piece of equipment or any activity at a building, structure, facility, or installation that emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
- Surgery: means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. See Hawaii Revised Statutes 459-1.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.