342D-107 Memorandum of understanding; recognition program.
§342D-107 Memorandum of understanding; recognition program. (a) Nothing contained in this part shall prevent the State from: (1) Entering into voluntary agreements with any owners or operators of commercial passenger vessels, or their representatives, for the purpose of controlling pollution outside the marine waters of the State; or (2) Adopting pollution controls more stringent than […]
342D-108 Exemption for vessels in innocent passage.
§342D-108 Exemption for vessels in innocent passage. This part does not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the State, regardless of whether the […]
342D-109 Activities of the department.
§342D-109 Activities of the department. The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the State: (1) Direct in-water monitoring of discharges or releases of sewage and direct monitoring of the opacity of air emissions from those vessels; (2) Monitoring and studying of direct or […]
342D-110 Fine schedules for illegal discharges.
§342D-110 Fine schedules for illegal discharges. (a) Any person who fails to comply with any requirement of this part shall be subject to the fines established by the department pursuant to subsection (b). (b) The department shall by rule under chapter 91, establish fines for the failure to comply with any requirement of this part. […]
342D-111 Alternative terms and conditions of vessel discharges.
§342D-111 Alternative terms and conditions of vessel discharges. (a) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106 or who wishes to use or […]
342D-101 Definitions.
§342D-101 Definitions. As used in this part: “Commercial passenger vessel” means a vessel that carries passengers for hire. The term does not include a vessel: (1) Authorized to carry fewer than fifty passengers; (2) That does not provide overnight accommodations for at least fifty passengers for hire, determined with reference to the number of lower […]
342D-102 Prohibited discharges; limitations on discharges.
§342D-102 Prohibited discharges; limitations on discharges. (a) Except as provided in subsection (g), a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the State. (b) Except as provided in subsection (g) or section 342D-111, a person shall not discharge wastewater from a commercial passenger vessel into the […]
342D-103 Prohibited air emissions.
§342D-103 Prohibited air emissions. (a) No person shall operate an incinerator of a large commercial passenger vessel in any Hawaiian port for the combustion of any waste materials. (b) Except as provided under section 342D-106, large commercial passenger vessels shall limit visible emissions, excluding condensed water vapor, to no more than twenty per cent opacity […]
342D-104 Information-gathering requirements.
§342D-104 Information-gathering requirements. (a) Except as provided under section 342D-111, the owner or operator of a commercial passenger vessel shall maintain records and, upon request of the department, provide to the department a report, with copies of the records related to the period of operation in the marine waters of the State, detailing the dates, […]
342D-105 Recordkeeping requirements.
§342D-105 Recordkeeping requirements. An owner or operator subject to section 342D-104 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered. [L 2005, c 217, pt of §1]