REPORT TITLE:
Water Pollution


DESCRIPTION:
Authorizes citizen suits in water pollution enforcement.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2162
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENTAL ENFORCEMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that in an era of
 
 2 declining government, it is important to foster public-private
 
 3 partnerships.  Community groups and other members of the public
 
 4 can assist the State in protecting Hawaii's environmental
 
 5 quality.  Given limited resources, private parties can assist the
 
 6 State in enforcing clean water requirements, just as they do for
 
 7 over a dozen federal statutes.  Moreover, simply having such a
 
 8 provision in the law serves as a deterrent for noncompliance.
 
 9      The legislature further finds that the federal courts have
 
10 increasingly closed their doors to citizen enforcement.  Hawaii's
 
11 courts have demonstrated a more open forum for allowing citizen
 
12 redress.  Providing a state citizen suit provision ensures both
 
13 that citizens will have access to the courts and that Hawaii's
 
14 higher environmental standards will be enforced.
 
15      The legislature further finds that no frivolous law suits
 
16 have been filed under the citizen suit provision of Hawaii's
 
17 clean air law.
 
18      SECTION 2.  Chapter 342D, Hawaii Revised Statutes, is
 
19 amended by adding a new section to be appropriately designated
 

 
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 1 and to read as follows:
 
 2      "§342D-    Citizen suits.  (a)  Any person may commence a
 
 3 civil action on that person's own behalf against:
 
 4      (1)  Any person (including the State and the director) who
 
 5           is alleged to be in violation of this chapter,
 
 6           including any standard or limitation or any order
 
 7           issued by the director; or
 
 8      (2)  The director where there is alleged a failure to
 
 9           perform any act or duty under this chapter which is not
 
10           discretionary.
 
11      (b)  The circuit court shall have jurisdiction to:
 
12      (1)  Enforce such an emission standard or limitation, or an
 
13           order;
 
14      (2)  Order the director to perform such act or duty; and
 
15      (3)  Apply any appropriate civil penalties.
 
16      (c)  No action may be commenced:
 
17      (1)  Under subsection (a)(1):
 
18           (A)  Prior to sixty days after the plaintiff has given
 
19                notice of the violation to (i) the director, (ii)
 
20                the department, and (iii) any alleged violator of
 
21                the standard, limitation, or order; or
 
22           (B)  If the director or the department has commenced
 

 
 
 
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                                     S.B. NO.           2162
                                                        
                                                        

 
 1                and is diligently prosecuting a civil action to
 
 2                require compliance with the standard, limitation,
 
 3                or order, but in any such action any person may
 
 4                intervene as a matter of right; or
 
 5      (2)  Under subsection (a)(2), prior to sixty days after the
 
 6           plaintiff has given notice of the action to the
 
 7           director.  Notice under this subsection shall be given
 
 8           in such matter as the director shall prescribe by rule.
 
 9      (d)  In any action under this section, the director, if not
 
10 a party, may intervene as a matter of right at any time in the
 
11 proceeding.
 
12      (e)  The court, in issuing any final order in any action
 
13 brought pursuant to this section, may award costs of litigation
 
14 (including reasonable attorney and expert witness fees) to any
 
15 party, whenever the court determines such award is appropriate.
 
16 The court, if a temporary restraining order or preliminary
 
17 injunction is sought, may require the filing of a bond or
 
18 equivalent security in accordance with the Hawaii rules of civil
 
19 procedure.
 
20      (f)  Nothing in this section shall restrict any right that
 
21 any person may have under any constitutional provision, statute,
 
22 or common law to seek enforcement of any standard or limitation
 

 
 
 
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                                     S.B. NO.           2162
                                                        
                                                        

 
 1 or to seek any other relief.
 
 2      (g)  Penalties received under subsection (b) shall be
 
 3 deposited into the environmental response revolving fund
 
 4 established by section 128D-2.  The court shall have discretion
 
 5 to order that such civil penalties, in lieu of being deposited in
 
 6 the fund, be used in beneficial mitigation, education, or
 
 7 protection projects which enhance public health or the
 
 8 environment."
 
 9      SECTION 3.  New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________