Terms Used In Hawaii Revised Statutes > Chapter 487 - Consumer Protection

• Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 342B-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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• 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 department of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• 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
• 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.
• 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
• 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.
• 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

• 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.
• 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
• 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 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
• 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

• 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.
• Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
• Subpoena: A command to a witness to appear and give testimony.