Bill Text: HI SB445 | 2024 | Regular Session | Amended
Bill Title: Relating To Pollution Abatement.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [SB445 Detail]
Download: Hawaii-2024-SB445-Amended.html
THE SENATE |
S.B. NO. |
445 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO POLLUTION ABATEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 342D-30, Hawaii Revised Statutes, is amended to read as follows:
"§342D-30 Civil penalties. (a)
Any person who violates this chapter, any rule, or any term or condition
of a permit or variance issued pursuant to this chapter shall be fined [not]
no more than [$25,000] $59,973 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 section shall be considered a civil action. In determining the amount of a civil penalty,
the environmental court shall consider the seriousness of the violation or
violations[,]; the economic benefit, if any, resulting from the
violation[,]; any history of [these] those
violations[,]; any good-faith efforts to comply with the
applicable requirements[,]; the economic impact of the penalty on
the violator[,]; and any other matters that justice may
require. It shall be presumed that the
violator's economic and financial conditions allow payment of the penalty, and
the burden of proof of the contrary [is] shall be on the
violator.
(b)
Any person who denies, obstructs, or hampers the entrance or inspection
by any duly authorized officer or employee of the department of any building,
place, or vehicle that the officer or employee is authorized to enter and
inspect shall be fined [not] no more than [$10,000] $25,000
for each day of denial, obstruction, or hampering. Any action taken in environmental court to
impose or collect the penalty provided for in this subsection shall be
considered a civil action."
SECTION 2. Section 342E-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342E-4[]] Civil penalties. (a)
Any person who violates any rule adopted under this chapter shall be
fined [not] no more than [$10,000] $59,973 for each
separate offense. Each day of each
violation shall constitute a separate offense.
Any action taken to impose or collect the penalty provided for in this
section shall be considered a civil action.
(b)
Any person who denies, obstructs, or hampers the entrance to and
inspection by any duly authorized officer or employee of the department of any
building, place, or vehicle shall be fined [not] no more than [$5,000]
$25,000 for each day of [such a] denial, obstruction, or
hampering. Any action taken to impose or
collect the penalty provided for in this section shall be considered a civil
action.
(c)
Any fine or penalty collected shall be [placed in] deposited
into the environmental response revolving fund [pursuant to] established
by [[]section[]] 128D-2."
SECTION 3. Section 342L-10, Hawaii Revised Statutes, is amended to read as follows:
"§342L-10 Penalties. (a)
Any person who violates this chapter, any rule adopted pursuant to this
chapter, or any condition of a permit or variance issued pursuant to this
chapter shall be fined [not] no more than [$25,000] $59,973
for each individual tank for each day of each violation. Each day of each violation shall constitute a
separate offense. In addition, any
person who fails to comply with an order issued under this chapter within the
time specified in the order shall be fined [not] no more than [$25,000]
$59,973 for each day of noncompliance with the order. 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:
(1) Denies, obstructs, or hampers the entrance, inspection, or conduct of release response activities by any duly authorized representative of the department at any building, place, site, facility, vehicle, or structure that the representative is authorized to enter, inspect, or at which the representative is authorized to conduct release response activities; or
(2) Fails to provide information requested by the representative as required under section 342L-7;
shall be
fined [not] no more than [$500] $25,000 per day of
denial, obstruction, hindrance, or failure.
Any action taken in environmental court to impose or collect the penalty
provided for in this subsection shall be considered a civil action."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of full-time equivalent ( FTE) permanent environmental health specialist position within the clean water branch of the department of health.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on June 30, 3000.
Report Title:
Pollution; Penalties; Appropriation
Description:
Increases civil penalties for the violation of various pollution provisions. Establishes and appropriates funds for an environmental health specialist position within the clean water branch of the department of health. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.