§342P-1 - Definitions. - Hawaii Statutes

PART I.  DEFINITIONS AND GENERAL PROVISIONS

 

     §342P-1  Definitions.  As used in this chapter, unless the context otherwise requires:

     “Abatement” means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to removal, enclosure, encapsulation, or disposal.

     “Asbestos” means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite.

     “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 or issued pursuant to this chapter.

     “Department” means the department of health.

     “Director” means the director of health or a duly authorized agent, officer, or inspector.

     “Emission” means the act of releasing or discharging asbestos into the ambient air from any source.

     “Facility” means any institutional, commercial, public, private, or industrial structure, installation or building.

     “Party” means each person or agency named as a party or properly entitled to be a party in any court or agency proceeding.

     “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.

     “Renovation” means altering in any way one or more facilities or structural components of a facility.

     “Repair” means the restoration of asbestos-containing material that has been damaged to seal exposed areas where asbestos fibers may be released, including the repair of enclosures around asbestos-containing materials.  The term, as it relates to the repair of previously encapsulated asbestos-containing materials, includes filling damaged areas with asbestos substitute and re-encapsulating.

     “Variance” means the act of deviating from the requirements of rules adopted under this chapter or a license granted by the director to deviate from these rules. [L 1991, c 219, pt of §1; am L 1998, c 242, §4]