2014 Hawaii Revised Statutes
TITLE 19. HEALTH
342I. Special Wastes Recycling
342I-8 Penalties.

Note

Part heading added by revisor.

In this part, “part” substituted for “chapter”.

§342I-8 Penalties. (a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.

(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.

(c) [Section effective until June 30, 2015. For section effective July 1, 2015, see below.] The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to:

(1) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance;

(2) Impose and collect civil penalties;

(3) Collect administrative penalties; or

(4) Obtain other relief.

The court may grant relief in accordance with the Hawaii rules of civil procedure. [L 1991, c 201, pt of §1; am L 2002, c 191, §1]

(c) [Section effective July 1, 2015. For section effective until June 30, 2015, see above.] The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to:

(1) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance;

(2) Impose and collect civil penalties;

(3) Collect administrative penalties; or

(4) Obtain other relief.

The environmental court may grant relief in accordance with the Hawaii rules of civil procedure. [L 1991, c 201, pt of §1; am L 2002, c 191, §1; am L 2014, c 218, §8]