[CHAPTER 342E]

NONPOINT SOURCE POLLUTION MANAGEMENT AND CONTROL

 

Section

   342E-1 Definitions

   342E-2 Nonpoint source pollution management and control

          program; rules

   342E-3 Powers and duties of the director

   342E-4 Civil penalties

 

Note

 

L 1993, c 345, §4 provides:

  "SECTION 4.  This [chapter] shall not be construed or interpreted to diminish the scope of chapter 342D, Hawaii Revised Statutes, or the authority of the director of health under chapter 342D."

 

Case Notes

 

  Department of health's (DOH) duties under the public trust doctrine requires the DOH to not only issue permits after prescribed measures appear to be in compliance with state regulation, but also to ensure that the prescribed measures are actually being implemented after a thorough assessment of the possible adverse impacts the development would have on the State's natural resources; this duty is consistent with the constitutional mandate under article XI, §1 of the Hawaii constitution and the duties imposed upon the DOH by chapter 342D and this chapter.  111 H. 205, 140 P.3d 985.