Terms Used In Hawaii Revised Statutes > Chapter 205A > Part III - Shoreline Setbacks

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• Agency: means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. See Hawaii Revised Statutes 205A-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
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association of boards of certification for operating personnel in water and wastewater utilities: means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs. See Hawaii Revised Statutes 340F-1
• Attorney general: means the attorney general of the State of Hawaii. See Hawaii Revised Statutes 486P-1
• Authority: means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. See Hawaii Revised Statutes 205A-1
• Beach: includes sand deposits in nearshore submerged areas, or sand dunes or upland beach deposits landward of the shoreline, that provide benefits for public use and recreation, for coastal ecosystems, and as a natural buffer against coastal hazards. See Hawaii Revised Statutes 205A-1
• Board: means the board of certification established by § 340F-4. See Hawaii Revised Statutes 340F-1
• Board approval: means approval by the board of land and natural resources pursuant to chapter 183C. See Hawaii Revised Statutes 205A-41
• 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
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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 environmental advisory council established in this chapter. See Hawaii Revised Statutes 341-2
• 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

• 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 planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils. See Hawaii Revised Statutes 205A-41
• Department: means the department of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-1
• 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.
• 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
• 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
• 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.
• Land: means the earth, water, and air above, below, or on the surface. See Hawaii Revised Statutes 205A-1
• 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}
• 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

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• 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.
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 341-2
• 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
• 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
• Permit program: means the program established pursuant to part III of this chapter. See Hawaii Revised Statutes 342B-1
• Person: means an individual, corporation, or partnership, and an organization or association, whether or not incorporated. See Hawaii Revised Statutes 205A-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
• 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.
• 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.
• 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.
• 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.
• 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 205A-1
• Shoreline area: shall include all of the land area between the shoreline and the shoreline setback line and may include the area between mean sea level and the shoreline; provided that if the highest annual wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this part extends seaward of the shoreline, then the term "shoreline area" shall include the entire structure. See Hawaii Revised Statutes 205A-41
• Shoreline setback line: means that line established in this part or by the county running inland from the shoreline at a horizontal plane. See Hawaii Revised Statutes 205A-41
• Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Structure: includes , but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. See Hawaii Revised Statutes 205A-41
• Subpoena: A command to a witness to appear and give testimony.
• 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
• 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