Terms Used In Hawaii Revised Statutes > Chapter 102 - Concessions On Public Property

• Act: means the Clean Water Act (formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), P. See Hawaii Revised Statutes 342D-1
• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• 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.
• Affiliated: means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager. See Hawaii Revised Statutes 487J-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
• Allegation: something that someone says happened.
• Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general of the State of Hawaii. See Hawaii Revised Statutes 486P-1
• Available recycled water service: means the existence of an operable recycled water distribution main within one hundred feet of the property line. See Hawaii Revised Statutes 342D-1
• 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 board of land and natural resources. See Hawaii Revised Statutes 183-1
• Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Hawaii Revised Statutes 486P-1
• Business: means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. See Hawaii Revised Statutes 487J-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487N-1
• Business: means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. See Hawaii Revised Statutes 487R-1
• certification: means a statement that asserts that a proposed discharge resulting from any activity, including but not limited to the construction or operation of facilities, will not violate applicable water quality standards; water quality related state laws; or water quality related provisions in sections 301, 302, 303, 306, and 307 of the Act. See Hawaii Revised Statutes 342D-1
• cigarette: includes "roll-your-own" (i. See Hawaii Revised Statutes 486P-1
• Clean Air Act: means the federal Clean Air Act of 1963 as amended (42 United States Code § 7401 et seq. See Hawaii Revised Statutes 342B-1
• Coastal waters: means all waters surrounding the islands of the State from the coast of any island to a point three miles seaward from the coast, and, in the case of streams, rivers, and drainage ditches, to a point three miles seaward from their point of discharge into the sea and includes those brackish waters, fresh waters, and salt waters that are subject to the ebb and flow of the tide. See Hawaii Revised Statutes 342D-1
• Commercial passenger vessel: means a vessel that carries passengers for hire. See Hawaii Revised Statutes 342D-101
• Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance plan: means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this chapter and includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the department no less frequently than every six months. See Hawaii Revised Statutes 342B-1
• concession: as used in this chapter means the grant to a person of the privilege to:
  (1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;
  (2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and
  (3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. See Hawaii Revised Statutes 102-1
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• consumer reporting agency: means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes. See Hawaii Revised Statutes 489P-2
• Content: means information, other than login information, that is contained in a protected personal online account, accessible to the account holder, and not publicly available. See Hawaii Revised Statutes 487G-2
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Corpus allocation: means the amount of moneys in the revolving fund that is allocated by the director to provide earnings to reduce an eligible party's total financing costs for one or more eligible projects. See Hawaii Revised Statutes 342D-80
• Council: means the information privacy and security council established under section 487N-5. See Hawaii Revised Statutes 487N-1
• 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
• Covered source: means :

  (1) Any major source;

  (2) Any source subject to a standard of performance for new stationary sources as established by the director pursuant to this chapter;

  (3) Any source subject to an emissions standard for hazardous air pollutants as established by the director pursuant to this chapter;

  (4) Any source subject to the rules for the prevention of significant deterioration of air quality as established by the director pursuant to this chapter; and

  (5) Any source in a source category designated by the director. See Hawaii Revised Statutes 342B-1

• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit report: means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity. See Hawaii Revised Statutes 489P-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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 342B-1
• Department: means the department of health. See Hawaii Revised Statutes 342D-1
• Department: means the department of health. See Hawaii Revised Statutes 342F-1
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183-1
• Devise: To gift property by will.
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 342D-1
• Director: means the director of health. See Hawaii Revised Statutes 342F-1
• Discharge: means any release, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying. See Hawaii Revised Statutes 342D-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Educational institution: includes :

  (1) A public or private institution; and

  (2) An agent or designee of the educational institution. See Hawaii Revised Statutes 487G-2

• 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
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 487G-2
• Eligible party: means a county, state agency, or private person. See Hawaii Revised Statutes 342D-80
• Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
• Employee: includes :

  (1) A prospective employee who has:

  (A) Expressed to the employer an interest in being an employee; or

  (B) Applied for or is applying for employment by, or is being recruited for employment by, the employer; and

  (2) An independent contractor. See Hawaii Revised Statutes 487G-2

• Employee benefit plan: means any plan as defined in title 29 United States Code § 1002(3), as amended. See Hawaii Revised Statutes 487J-1
• Employer: includes an agent or designee of the employer. See Hawaii Revised Statutes 487G-2
• encrypted: means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key. See Hawaii Revised Statutes 487N-1
• Energy project: means any facilities for each single project or multiproject program of a project party, including a publicly owned energy cooperative, which is certified by the public utilities commission as being for the local furnishing of electric energy or gas; provided that any new generating unit for the production or generation of electric energy from fossil fuels shall not be considered an energy project for purposes of this part unless specifically authorized in any act providing for the authorization of the issuance of bonds pursuant to this part. See Hawaii Revised Statutes 39A-191
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Excessive noise: means the presence of sound as measured by standard testing devices as established by the noise rules adopted by the department of a volume or in quantities and for durations which endangers human health, welfare or safety, animal life, or property or which unreasonably interferes with the comfortable enjoyment of life and property in the State or in such areas of the State as are affected thereby. See Hawaii Revised Statutes 342F-1
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive dust: means uncontrolled emission of solid airborne particulate matter from any source other than combustion. See Hawaii Revised Statutes 342B-1
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487J-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county. See Hawaii Revised Statutes 487N-1
• Government agency: means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or any county. See Hawaii Revised Statutes 487R-1
• Gray water: means any untreated wastewater that has not come into contact with toilet waste. See Hawaii Revised Statutes 342D-1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hawaii resident: includes aliens lawfully admitted for permanent residence and residing in Hawaii. See Hawaii Revised Statutes 489N-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 § 7412(b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-1
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Industrial user: means a source of water pollutants into a publicly owned treatment works from any nondomestic source regulated under section 307(b), (c), or (d) of the Federal Water Pollution Control Act. See Hawaii Revised Statutes 342D-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• International matchmaking organization: means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:

  (1) An exchange of names, telephone numbers, addresses, or statistics;

  (2) Selection of photographs; or

  (3) A social environment provided by the organization in a country other than the United States. See Hawaii Revised Statutes 489N-1

• International trade agreement: means a trade agreement or memorandum of agreement between the United States government and a foreign nation, whether bilateral, multilateral, global, or regional, to which the State, at the request of the United States government, is a covered procuring entity; provided the term shall not include a trade agreement or memoranda of agreement:

  (1) Between the State and a foreign nation or its sub-national entity to which the United States government is not a party; or

  (2) Between a county and a foreign nation or its sub-national entity to which the United States government is not a party. See Hawaii Revised Statutes 489M-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.
• Large commercial passenger vessel: means a commercial passenger vessel that provides overnight accommodations for two hundred fifty or more passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin. See Hawaii Revised Statutes 342D-101
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local furnishing of electric energy or gas: means providing property or land that is or will be:

  (1) Depreciable property or land;

  (2) Used to produce, collect, generate, transmit, store, distribute, or convey electric energy or gas, including without limitation, air or water pollution control facilities;

  (3) Used in the trade or business of furnishing electric energy or gas; and

  (4) Part of a system providing service to the general public of not more than two contiguous counties in the State. See Hawaii Revised Statutes 39A-191

• Login information: means a username and password, password, or other means or credentials of authentication required to access or control:

  (1) A protected personal online account; or

  (2) An electronic device, which the employee's employer or the student's educational institution has not supplied or paid for in full, that itself provides access to or control over the account. See Hawaii Revised Statutes 487G-2

• Login requirement: means a requirement that login information be provided before a protected personal online account or electronic device can be accessed or controlled. See Hawaii Revised Statutes 487G-2
• 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

• Management practices: include treatment, processing, storage, transport, use, and disposal. See Hawaii Revised Statutes 342D-1
• Marital history information: means a declaration of a Hawaii resident's current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization. See Hawaii Revised Statutes 489N-1
• Marketing: means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service. See Hawaii Revised Statutes 487J-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Navigable waters: means the waters of the United States, including the territorial seas. See Hawaii Revised Statutes 342D-1
• Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Hawaii Revised Statutes 486P-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.
• Offloading: means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works. See Hawaii Revised Statutes 342D-101
• Online: means accessible by means of a computer network or the Internet. See Hawaii Revised Statutes 487G-2
• Other wastewater: means sewage that is stored in or transferred to a ballast tank or other holding area on the vessel that may not be customarily used for storing sewage. See Hawaii Revised Statutes 342D-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means any person who owns, leases, operates, controls, or supervises a stationary source. See Hawaii Revised Statutes 342B-1
• Participating manufacturer: has the meaning given that term in section II(jj) of the Master Settlement Agreement and all amendments thereto. See Hawaii Revised Statutes 486P-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 named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
• 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
• 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 342F-1
• Passengers for hire: means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. See Hawaii Revised Statutes 342D-101
• Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-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
• Permit: means written authorization from the director to construct, modify, or operate any excessive noise source. See Hawaii Revised Statutes 342F-1
• Permit program: means the program established pursuant to part III of this chapter. See Hawaii Revised Statutes 342B-1
• Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Hawaii Revised Statutes 487G-2
• 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
• 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
• 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 342F-1
• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487N-1

• Personal information: means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  (1) Social security number;

  (2) Driver's license number or Hawaii identification card number; or

  (3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account. See Hawaii Revised Statutes 487R-1

• Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 487J-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means any arrangement by which a person as defined in § 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan. See Hawaii Revised Statutes 488-1
• Plan administrator: means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. See Hawaii Revised Statutes 488-1
• Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
• Pollution: means excessive noise. See Hawaii Revised Statutes 342F-1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Procurement: means any provision of chapter 103D. See Hawaii Revised Statutes 489M-1
• Project: means any energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
• Project agreement: means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-191
• Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191
• Protected personal online account: means any online account maintained by an employee or a student, including social media or electronic mail accounts, that is protected by a login requirement. See Hawaii Revised Statutes 487G-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly available: means available to the general public. See Hawaii Revised Statutes 487G-2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 487G-2
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487N-1
• Records: means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. See Hawaii Revised Statutes 487R-1
• Recruit: means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. See Hawaii Revised Statutes 489N-1
• Redacted: means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data. See Hawaii Revised Statutes 487J-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

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revolving fund: means the water pollution control revolving fund established by section 342D-83. See Hawaii Revised Statutes 342D-80
• scanning: means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. See Hawaii Revised Statutes 487J-1
• Security breach: means an incident of unauthorized access to and acquisition of unencrypted or unredacted records or data containing personal information where illegal use of the personal information has occurred, or is reasonably likely to occur and that creates a risk of harm to a person. See Hawaii Revised Statutes 487N-1
• Security freeze: means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. See Hawaii Revised Statutes 489P-2
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Sewage: means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste. See Hawaii Revised Statutes 342D-101
• 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
• Small business ombudsman: means the small business ombudsman for air pollution control established pursuant to section 342B-63. See Hawaii Revised Statutes 342B-1
• Small business stationary source: means a stationary source that:

  (1) Is owned or operated by a person that employs one hundred or fewer individuals;

  (2) Is independently owned and operated and not dominant in its field or as otherwise defined by the federal Small Business Act (42 United States Code § 631 et seq. See Hawaii Revised Statutes 342B-1

• Small commercial passenger vessel: means a commercial passenger vessel that provides overnight accommodations for two hundred forty-nine or fewer passengers for hire, determined with reference to the number of lower berths and based on an average of two persons per cabin. See Hawaii Revised Statutes 342D-101
• Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Specifically identified content: means data or information stored in a protected personal online account that is identified with sufficient particularity to distinguish the discrete individual pieces of content being sought from a substantial percentage of other data or information stored in the account with which it may share similar characteristics. See Hawaii Revised Statutes 487G-2
• Standard of performance: means a standard for the control of the discharge of water pollutants which reflects the greatest degree of effluent reduction which the director determines to be achievable through application of the best demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of water pollutants. See Hawaii Revised Statutes 342D-1
• State: means a state of the United States, the District of Columbia, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 487G-2
• State waters: means all waters, fresh, brackish, or salt, around and within the State, including but not limited to coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded. See Hawaii Revised Statutes 342D-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
• Statute: A law passed by a legislature.
• Student: includes :

  (1) A prospective student who expresses to the institution an interest in being admitted to, applies for admission to, or is being recruited for admission by, the educational institution; and

  (2) A parent or legal guardian of a student under the age of eighteen years. See Hawaii Revised Statutes 487G-2

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• telecommunications common carrier: has the meaning defined by § 269-1. See Hawaii Revised Statutes 39A-191
• Telecommunications project: means any facilities for each single project or multiproject program for the provision of telecommunications service of a project party that is a telecommunications carrier or a telecommunications common carrier. See Hawaii Revised Statutes 39A-191
• Telecommunications service: has the meaning defined by section269-1. See Hawaii Revised Statutes 39A-191
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Territorial seas: means the belt of the seas measured from the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. See Hawaii Revised Statutes 342D-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product manufacturer: means any person that is a "tobacco product manufacturer" as defined in § 675-2. See Hawaii Revised Statutes 486P-1
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treated sewage: means sewage that meets all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same. See Hawaii Revised Statutes 342D-101
• Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Variance: means special written authorization from the director to cause or emit any regulated air pollutant in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules or standards adopted pursuant to this chapter. See Hawaii Revised Statutes 342B-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
• Variance: means special written authorization from the director to cause or emit excessive noise 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 342F-1
• Vehicle: means any device in, upon, or by which any person or property is or may be transported or drawn, including boats and ships. See Hawaii Revised Statutes 342F-1
• Vessel: means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion. See Hawaii Revised Statutes 342D-101
• Voyage: means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip. See Hawaii Revised Statutes 342D-101
• 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
• wastewater: means any liquid "waste" as used above, whether treated or not. 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

• Water quality standards: means provisions of state law that provide for a designated use or designated uses for state waters and water quality criteria for the waters based upon these uses. See Hawaii Revised Statutes 342D-1