Report Title:
Water Pollution; Citizen Suits
Description:
Authorizes citizen suits in water pollution enforcement.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1529 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to water pollution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in an era of declining government, it is important to foster public-private partnerships. Community groups and other members of the public can assist the State in protecting Hawaii’s environmental quality. Given limited resources, private parties can assist the State in enforcing clean water requirements, just as they do for over a dozen federal statutes. Moreover, simply having such a provision in the law serves as a deterrent for noncompliance.
The legislature further finds that the federal courts have increasingly closed their doors to citizen enforcement. Hawaii's courts have demonstrated a more open forum for allowing citizen redress. Providing a state citizen suit provision ensures both that citizens will have access to the courts and that Hawaii’s higher environmental standards will be enforced. The legislature further finds that no frivolous lawsuits have been filed under the citizen suit provision of Hawaii’s clean air law.
Accordingly, the purpose of this Act is to increase protection of Hawaii's water by codifying the right of citizens to sue clean water law violators. Any resulting penalties will be directed to either the State's environmental response revolving fund or used in beneficial mitigation, education, or protection projects that enhance public health or the environment.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342D- Citizen suits. (a) Any person may commence a civil action on that person’s own behalf against:
(1) Any person (including the State and the director) who is alleged to be in violation of this chapter, including any standard or limitation or any order issued by the director; or
(2) The director where there is alleged a failure to perform any act or duty under this chapter which is not discretionary.
(b) The circuit court shall have jurisdiction to:
(1) Enforce such an emission standard or limitation, or an order;
(2) Order the director to perform an act or duty; and
(3) Apply any appropriate civil penalties.
(c) No action may be commenced:
(1) Under subsection (a)(1):
(A) Prior to sixty days after the plaintiff has given notice of the violation to the director, the department, and any alleged violator of the standard, limitation, or order; or
(B) If the director or the department has commenced and is diligently prosecuting a civil action to require compliance with the standard, limitation, or order, but in any such action any person may intervene as a matter of right; or
(2) Under subsection (a)(2), prior to sixty days after the plaintiff has given notice of the action to the director. Notice under this subsection shall be given in such matter as the director shall prescribe by rule.
(d) 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.
(e) The 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 court determines such an award is appropriate. The 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.
(f) Nothing in this section shall restrict any right that any person may have under any constitutional provision, statute, or common law to seek enforcement of any standard or limitation or to seek any other relief.
(g) Penalties received under subsection (b) shall be deposited into the environmental response revolving fund established by section 128D-2. The 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."
SECTION 3. 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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