Terms Used In Hawaii Revised Statutes > Chapter 461
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of health. See Hawaii Revised Statutes 342D-1
- Director: means the director of health. See Hawaii Revised Statutes 342B-1
- Director: means the director of health. See Hawaii Revised Statutes 342D-1
- 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
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Jurisprudence: The study of law and the structure of the legal system.
- Management practices: include treatment, processing, storage, transport, use, and disposal. See Hawaii Revised Statutes 342D-1
- oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
- 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
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Sewerage system: means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. See Hawaii Revised Statutes 342D-1
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
- 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
- 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
- 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