HRS §342B-5
County rules on air pollution and state law conflicts
This section says that any state law, county ordinance, or rule that conflicts with this chapter is invalid. A county can make its own air pollution rules only for issues the state department hasn't already regulated. Once the state adopts a rule on a matter, any county rule on that same matter becomes void.
countiesstate agencies
The statute, as written — Effect of laws, ordinances, and rules
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Any county may adopt ordinances and rules governing any matter relating to air pollutant and air pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to air pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof.
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