Definitions and General Provisions

HRS div. 1, tit. 19, ch. 342F, pt. I

in effect

HRS §342F-1 Definitions

342F-1. Definitions As used in this chapter, unless the context otherwise requires: "Complaint" means any written charge filed with or by the department that a person is violating any provision of this chapter or any rule or order adopted pursuant to this chapter. "dBA" means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "A" weighting network. "dBC" means the C-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the "C" weighting network. "Decibel" means the unit for measuring the volume of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (0.0002 dynes per square centimeter). "Department" means the department of health. "Director" means the director of health. "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. "Off-hour roadwork" means any roadway construction between the hours of 6 p.m. and 7 a.m., which would require a variance from the committee on noise rules in the department of health. "Party" means each person or agency named as party or properly entitled to be a party in any court or agency proceeding. "Permit" means written authorization from the director to construct, modify, or operate any excessive noise source. A permit authorizes the grantee to cause or emit excessive noise in a manner or amount, or to do any act, not forbidden by this chapter or by rules adopted under this chapter, but requiring review by the department. "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. "Pollution" means excessive noise. "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. "Vehicle" means any device in, upon, or by which any person or property is or may be transported or drawn, including boats and ships. [L 1989, c 212, pt of §3; am L Sp 2009, c 25, §4]

HRS §342F-2 Administration

342F-2. Administration The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1989, c 212, pt of §3]

HRS §342F-3 Duties, rules, powers, appointment of hearings officers

342F-3. Duties, rules, powers, appointment of hearings officers (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate noise pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting noise pollution. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules. (b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §3; am L 2000, c 253, §150]

HRS §342F-5 Variances

342F-5. Variances (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards, and such other information as the department may by rule prescribe. (b) Each application for a variance shall be reviewed in light of the descriptions, statements, plans, histories, and other supporting information submitted with the application, such additional information as may be submitted upon the request of the department, and the effect or probable effect upon the noise level standards established pursuant to this chapter. (c) Whenever an application is approved, the department shall issue a variance authorizing the emission of noise in excess of applicable standards. No variance shall be granted by the department unless the application and the supporting information clearly show that: (1) The continuation of the function or operation involved in the emission occurring or proposed to occur by the granting of the variance is in the public interest as defined in section 342F-4; (2) The emission occurring or proposed to occur does not substantially endanger human health or safety; and (3) Compliance with the rules or standards from which variance is sought would produce serious hardship without equal or greater benefits to the public. (d) Any variance or renewal thereof shall be granted within the requirements of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations: (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, control, or abatement of the excessive noise involved, it shall be only until the necessary means for prevention, control, or abatement become practicable and subject to the taking of any substitute or alternate measures that the department may prescribe. No renewal of a variance granted under this subsection shall be allowed without a thorough review of known and available means of preventing, controlling, or abating the excessive noise involved. (2) The director may issue a variance for a period not exceeding five years. (3) Every variance granted under this section shall include conditions requiring the grantee to perform noise sampling and report the results of such sampling to the department. (e) Any variance granted pursuant to this section may be renewed from time to time on terms and conditions and for periods not exceeding five years which would be appropriate on initial granting of a variance; provided that the applicant for renewal has met all of the conditions specified in the immediately preceding variance; and provided further that the renewal, and the variance issued in pursuance thereof, shall provide for emission not greater than that attained pursuant to the terms of the immediately preceding variance at its expiration. No renewal shall be granted except on application therefor. Any such application shall be made at least one hundred eighty days prior to the expiration of the variance. The director shall act on an application for renewal within one hundred eighty days of the receipt of such application. (f) The director may afford a hearing in accordance with chapter 91 in relation to an application for the issuance, renewal, or modification of a variance. (g) No variance granted pursuant to this chapter shall be construed to prevent or limit the application of any emergency provisions and procedures provided by law. (h) Any application for a variance, submitted pursuant to this chapter, shall be subject to the public participation requirements listed below. (1) Public notices of every completed application for a variance, except an application for off-hour road work, shall be given in a manner designed to inform interested and potentially interested persons of the proposed emission. Procedures for giving public notice shall include at least the following: (A) Notice shall be given within the geographical areas of the proposed emission; (B) Notice shall be mailed to any person or group upon request; and (C) The director shall add the name of any person or group upon request to a mailing list to receive copies of notices for all variance applications within the State or within a certain geographical area; (2) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written reviews with respect to the variance application and the tentative determinations of the department, if any. The period for comment may be extended at the discretion of the director; (3) The contents of public notice of applications for variances shall include at least the following: (A) Name, address, and phone number of agency issuing the public notice; (B) Name and address of each applicant; (C) Brief description of each applicant's activities or operations which result in the emission described in the variance application (e.g., rock crushing plant, municipal waste treatment plant, raw sugar factory, or pineapple cannery); (D) A short description of the location of each emission indicating whether the emission is new or existing; (E) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by paragraph (2), and any other means by which interested persons may influence or comment upon those determinations; and (F) Address and phone number of state agency premises at which interested persons may obtain further information and inspect a copy of the variance applications and supporting and related documents; and (4) The director may hold a public hearing if, after reviewing the comments submitted under paragraph (2), the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed emission or other appropriate area, at the discretion of the director. [L 1989, c 212, pt of §3; am L 1998, c 2, §89]

HRS §342F-8 Emergency powers; procedures

342F-8. Emergency powers; procedures (a) Notwithstanding any other law to the contrary, if the director determines that an imminent peril to the public health and safety is or will be caused by excessive noise, which requires immediate action, the director, with the approval of the governor and without public hearing, may order any person causing or contributing to the excessive noise to immediately reduce or stop such emission, or the director may take any and all other actions as may be necessary. Such order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. (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 §3]

HRS §342F-11 Administrative penalties

342F-11. Administrative penalties (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342F-9(b) and (c). (b) Factors to be considered in imposing an administrative penalty include: (1) The nature and history of the violation and of any prior violations; (2) The economic benefit, if any, resulting from the violation; (3) The opportunity, difficulty, and history of corrective action; (4) Good faith efforts to comply; and (5) Any other matters that justice may require. (c) It is presumed that the violator’s economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §3; am L 1995, c 180, §18]

HRS §342F-13 Appeal

342F-13. Appeal If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the party resides or has the party’s principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by a court of competent jurisdiction. [L 1989, c 212, pt of §3]

HRS §342F-15 Public records; confidential information; penalties

342F-15. Public records; confidential information; penalties Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342F-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000. [L 1989, c 212, pt of §3]

HRS §342F-18 Enforcement by state and county authorities

342F-18. Enforcement by state and county authorities All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. L 1989, c 212, pt of §3

HRS §342F-20 Effect of laws, ordinances, and rules

342F-20. Effect of laws, ordinances, and rules Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17. [L 1989, c 212, pt of §3; am L 1999, c 265, §3]

HRS §342F-21 Priority in courts

342F-21. Priority in courts All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. L 1989, c 212, pt of §3

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342F/HRS_0342F-.htmFetched: 11/10/2026