Bill Text: HI HB362 | 2023 | Regular Session | Introduced
Bill Title: Relating To State Water Code Penalties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-01-25 - Referred to WAL, JHA, FIN, referral sheet 1 [HB362 Detail]
Download: Hawaii-2023-HB362-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
362 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE WATER CODE PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to ensure that all violators of the state water code are held accountable for their violations by creating a minimum penalty of $50 for every violation.
SECTION 2. Section 174C-15, Hawaii Revised Statutes, is amended to read as follows:
"§174C-15 Penalties and common
law remedies.
(a) The commission may enforce its
rules and orders adopted pursuant to this chapter by suit for injunction or for
damages or both.
(b) Any person who violates any provision of this
chapter, [or] violates any rule adopted pursuant to this chapter,
[may] violates any order of the commission, fails to obtain a permit
when a permit is required under this chapter, or fails to comply with permit
conditions, shall be subject to a fine imposed by the commission. [Such] The fine shall be not
less than $50 and shall not exceed $5,000[. For a continuing offense, each day during
which the offense is committed is a separate violation.] per violation. Each day that a violation exists or continues
to exist shall constitute a separate offense.
Penalties for continuing violations shall be assessed from the earliest
known date of the violation. The
earliest known date of a violation shall be determined by the commission by a
preponderance of the evidence; provided that if the earliest known date cannot
be determined by a preponderance of the evidence, penalties for continuing
violations shall be assessed from the earliest date the commission is made
aware of the violation.
(c) The commission shall determine the penalty
amount for each violation upon review of the circumstances of the violation, taking
into account the nature, extent, and gravity of the violation and considering
the history of such violations, degree of culpability, and other matters as
justice may require.
[(c)] (d) No provision of this chapter shall bar the
right of any injured person to seek other legal or equitable relief against a
violator of this chapter.
[(d)] (e) Except as otherwise provided by law, the
commission or its authorized representative by proper delegation [may] shall
set, charge, and collect administrative fines; [or] may bring
legal action to recover administrative fees and costs as documented by receipts
or affidavit, including attorneys' fees and costs; [or] and may bring
legal action to recover administrative fines, fees, and costs, including attorneys'
fees and costs, or payment for damages resulting from a violation of this
chapter or any rule adopted pursuant to this chapter."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
State Water Code; Commission on Water Resource Management; Penalties
Description:
Adds a minimum penalty of $50 per violation of the State Water Code and makes each day that a violation exists or continues a separate offense. Requires the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
