Penalties

HRS §342J-9 — under Chapter 342J.

HRS §342J-9

§342J-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized representative of the director, or fails to provide information requested by the representative under section 342J-6 or 342J-55 shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(c) Any person who knowingly:

shall be subject to criminal penalties. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

Violations of paragraphs (1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates paragraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

For purposes of this subsection, "abandon" means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c 157, §16 and c 259, §10; am L 1995, c 180, §26; am L 1996, c 82, §3; am L 1997, c 147, §3; am L 2001, c 21, §1; am L 2014, c 218, §8]