Terms Used In Hawaii Revised Statutes > Chapter 486H - Gasoline Dealers

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 340E-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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Brand: means a symbol, word, or mark that identifies an electronic device , rather than any of its components. See Hawaii Revised Statutes 339D-1
• Collector: means a person that accepts electronic devices for reuse or delivers the devices to a recycler for the purposes of this chapter. See Hawaii Revised Statutes 339D-1
• Commission: means the public utilities commission. See Hawaii Revised Statutes 486H-1
• Company retail station: means a retail service station owned and operated by a manufacturer or jobber and where retail prices are set by that manufacturer or jobber. See Hawaii Revised Statutes 486H-1
• Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer retail station: means a retail service station owned by a manufacturer or jobber and operated by a qualified gasoline dealer other than a manufacturer or a jobber under a franchise. See Hawaii Revised Statutes 486H-1
• 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 340E-1
• Department: means the department of health. See Hawaii Revised Statutes 339D-1
• Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 340E-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}
• 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
• Federal agency: means any department, agency, or instrumentality of the United States. See Hawaii Revised Statutes 340E-1
• Franchise: means :

  (1) Any agreement or related agreements between a petroleum distributor and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor in connection with the retail sale of petroleum products supplied by the petroleum distributor; or

  (2) Any agreement or related agreements described in paragraph (1) and any agreement between a petroleum distributor and a gasoline dealer under which the gasoline dealer is granted the right to occupy the premises owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of petroleum products supplied by the distributor. See Hawaii Revised Statutes 486H-1

• Gasoline: includes gasoline, benzol, benzine, naphtha, and any other liquid prepared, advertised, offered for sale, sold for use as, or used for, the generation of power for the propulsion of motor vehicles, including any product obtained by blending together any one or more petroleum products with or without other products, if the resultant product is capable of the same use. See Hawaii Revised Statutes 486H-1
• Gasoline dealer: means any person engaged in the retail sale of petroleum products in the United States under a franchise agreement entered into with a petroleum distributor. See Hawaii Revised Statutes 486H-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means the duty of a gasoline dealer and a petroleum distributor to act in a fair and equitable manner in the performance and in the demanding of performance of the terms and provisions of the franchise. See Hawaii Revised Statutes 486H-1
• Independent retail station: means a retail service station not owned by a manufacturer or jobber and operated by a qualified gasoline dealer. See Hawaii Revised Statutes 486H-1
• Injection: means the subsurface emplacement of any material, liquid, semi-solid, or solid, or any admixture thereof, which may add a contaminant to underground waters. See Hawaii Revised Statutes 340E-1
• Inventory: means any product sold to a gasoline dealer for resale purposes by a petroleum distributor. See Hawaii Revised Statutes 486H-1
• Jobber: means every wholesaler of petroleum products. See Hawaii Revised Statutes 486H-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.
• 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 brand: means the primary trade name or trademark most commonly associated and identified with a manufacturer's retail service station. See Hawaii Revised Statutes 486H-1
• Manufacturer: means every producer or refiner of petroleum products on January 1, 1992, or any subsidiary of that producer or refiner. See Hawaii Revised Statutes 486H-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Motor vehicle fuel: means gasoline, diesel fuel, alcohol, and any mixture of those fuels suitable for use in vehicles registered under chapter 286. See Hawaii Revised Statutes 486H-1
• National primary drinking water regulations: means primary drinking water regulations promulgated by the administrator pursuant to the Federal Act. See Hawaii Revised Statutes 340E-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.
• Operate: means to engage in the business of selling motor vehicle fuel at a retail service station through any employee, commissioned agent, subsidiary company, or person managing a retail service station under a contract and on a fee arrangement with the manufacturer or jobber. See Hawaii Revised Statutes 486H-1
• Other areas: means the second congressional district of the State. See Hawaii Revised Statutes 486H-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.
• Person: means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority. See Hawaii Revised Statutes 339D-1
• Person: means an individual, corporation, company, association, partnership, county, city and county, state, or federal agency. See Hawaii Revised Statutes 340E-1
• Petroleum distributor: means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets that it owns, leases, or otherwise controls. See Hawaii Revised Statutes 486H-1
• Petroleum products: includes motor vehicle fuel, residual oils number 4, 5, and 6, and all grades of jet (turbo) fuel. See Hawaii Revised Statutes 486H-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pre-tax: when used in reference to a price means such price net of the fuel-related or other taxes assessed when the gasoline is sold. See Hawaii Revised Statutes 486H-1
• Primary drinking water regulation: means a regulation or rule which:

  (1) Applies to public water systems;

  (2) Specifies contaminants which, in the judgment of the director, may have any adverse effect on the health of persons;

  (3) Specifies for each contaminant either:

  (A) A maximum contaminant level if, in the judgment of the director, it is economically and technologically feasible to ascertain the level of such contaminant in public water systems; or

  (B) If, in the judgment of the director, it is not economically or technologically feasible to ascertain the contaminant level[,] each treatment technique known to the director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of § 340E-2; and

  (4) Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including accepted methods for quality control and testing procedures to insure compliance with such levels and proper operation and maintenance of the system, and requirements as to:

  (A) The minimum quality of water which may be taken into the system; and

  (B) Siting for new facilities for public water systems. See Hawaii Revised Statutes 340E-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.
• 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
• Purchase: means any acquisition of ownership. See Hawaii Revised Statutes 486H-1
• Recycler: means any person who engages in the recycling of electronic devices for the purposes of this chapter. See Hawaii Revised Statutes 339D-1
• Recycling: means processing , including disassembling, dismantling, or shredding, electronic devices or their components to recover a useable product. See Hawaii Revised Statutes 339D-1
• Retail: means a sale of gasoline made to the general public at prices that are displayed on the dispensing equipment. See Hawaii Revised Statutes 486H-1
• retail station: means a place of business where motor vehicle fuel is sold and delivered into the tanks of motor vehicles and includes a company retail station, a dealer retail station, and an independent retail station. See Hawaii Revised Statutes 486H-1
• Reuse: means any operation by which an electronic device changes ownership and is used for the same purpose for which it was originally purchased. See Hawaii Revised Statutes 339D-1
• sale: means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases. See Hawaii Revised Statutes 339D-1
• Sale: means any exchange, gift, or other disposition. See Hawaii Revised Statutes 486H-1
• Urban: means the first congressional district of the State. See Hawaii Revised Statutes 486H-1