§342D-10 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6]
Cross References
Environmental response law, see chapter 128D.
Structure Hawaii Revised Statutes
342D-6 Permits; procedures for.
342D-8 Inspection of premises.
342D-10 Emergency powers; procedures.
342D-11 Injunctive and other relief.
342D-14 Public records; confidential information; penalties.
342D-15 Nonliability of department personnel.
342D-17 Enforcement by state and county authorities.
342D-18 Other powers of department not affected.
342D-19 Effect of laws, ordinances, and rules.
342D-31 Administrative penalties.
342D-36 Treatment of single operational upset.
342D-37 Responsible corporate officer as "person".
342D-38 Hazardous substance defined.
342D-39 Disposition of collected fines and penalties.
342D-50.5 Treated or raw sewage; prohibition.
342D-51 Affirmative duty to report discharges.
342D-52 Testing of water and aquatic and other life.
342D-54 Wastewater treatment works; financial assistance; grants.
342D-55 Recordkeeping and monitoring requirements.
342D-56 Complaints; hearings; appointment of masters.
342D-57 Public participation activities; appointment of hearings officers.
342D-58 Consultation and advice.
342D-59 Research, educational, and training programs.
342D-61 Household aerobic unit approval.
342D-70 Use of gray water for irrigation purposes.
342D-72 Cesspools; mandatory upgrade, conversion, or connection.
342D-81 Declaration of policy.
342D-83 Revolving fund; establishment, purposes, coordination.
342D-85 Revolving fund; deposits.
342D-86 Revolving fund; fees, interest, and investment on accounts.
342D-87 Revolving fund; conditions.
342D-88 Revenue bonds; authorization.
342D-89 Revenue bonds; payment and security.
342D-90 Revenue bonds; amount issued.
342D-91 Revenue bonds; investment of proceeds, and redemption.
342D-92 Trustee; designation; duties.
342D-102 Prohibited discharges; limitations on discharges.
342D-103 Prohibited air emissions.
342D-104 Information-gathering requirements.
342D-105 Recordkeeping requirements.
342D-106 Reporting requirements.
342D-107 Memorandum of understanding; recognition program.
342D-108 Exemption for vessels in innocent passage.
342D-109 Activities of the department.
342D-110 Fine schedules for illegal discharges.
342D-111 Alternative terms and conditions of vessel discharges.