§342B-56 Citizen suits. (a) After June 30, 1995, any person may commence a civil action on that person's own behalf against:
This subsection shall not apply before April 1, 1996 to violations of permits related to agricultural burning; provided further that the governor may extend this deadline for an additional three months.
(b) The circuit environmental court shall have jurisdiction to:
(c) No action may be commenced:
(d) Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitations may be brought only in the judicial circuit in which such source is located.
(e) In any action under this section, the director, if not a party, may intervene as a matter of right at any time in the proceeding.
(f) The environmental court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the environmental court determines such award is appropriate. The environmental court, if a temporary restraining order or preliminary injunction is sought, may require the filing of a bond or equivalent security in accordance with the Hawaii rules of civil procedure.
(g) Nothing in this section shall restrict any right which any person may have under any constitutional provision, statute, or common law to seek enforcement of any emission standard or limitation or to seek any other relief.
(h) Penalties received under subsection (b) shall be deposited into the clean air special fund established by section 342B-32. These amounts shall remain available to finance air compliance and enforcement activities. The environmental court shall have discretion to order that such civil penalties, in lieu of being deposited in the fund, be used in beneficial mitigation, education, or protection projects which enhance public health or the environment. [L 1992, c 240, pt of §1; am L 1995, c 180, §4; am L 1996, c 13, §6; am L 2014, c 218, §8]