Report Title:
Noise Pollution; Citizen Action; Rural District
Description:
Authorizes any person acting as a private attorney general to commence a civil action against a person or entity that is in violation of the noise pollution law.
|
THE SENATE |
S.B. NO. |
3190 |
|
TWENTY-THIRD LEGISLATURE, 2006 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
RELATING TO NOISE POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342F- Suits by individuals. (a) Any person acting as a private attorney general may commence a civil action against any person, including partnerships, corporations, associations, public or private organizations, the State, any county, or any agency, who is alleged to be in violation of chapter 342F, and ordinances or rules adopted pursuant thereto, including any order, variance, or permit issued; provided that the alleged violation occurred or is occurring in rural areas.
(b) For purposes of this section, "rural areas" shall include all areas in the rural district as set forth in section 205-2; provided that each county is expressly authorized to enact ordinances expanding the definition of the term within that county.
(b) The circuit court shall have jurisdiction to:
(1) Enforce the requirements of the applicable law, ordinance, or rules; and
(2) Apply any appropriate civil penalties.
(c) Except for actions necessary to prevent imminent endangerment to health or the environment, no action under this chapter may be commenced:
(1) Prior to sixty days after the plaintiff has given notice of the violation to:
(A) The officer or employee responsible for administering the applicable law, ordinance, rule, order, permit, or variance; and
(B) Any alleged violator of the applicable law, ordinance, rule, order, permit, or variance;
(2) If the plaintiff does not make reasonable efforts to arrange a meeting with the defendant and a representative of the agency responsible for administering the applicable law, ordinance, rule, order, permit, or variance within sixty days after this notice has been served to discuss the circumstances that gave rise to the notice and possible settlement of the issues;
(3) If the agency has commenced and is diligently prosecuting a civil or administrative action to require compliance with the applicable law, ordinance, rule, order, permit, or variance, but in any such action any person may intervene as a matter of right; or
(4) Two years after the claim accrues, except where a violation is part of a continuing violation or pattern of violations.
(d) Any action under this section shall be brought only in the judicial circuit in which the violation occurs or where the harm is alleged to occur.
(e) In any action, the officer or employee responsible for administering the applicable law, if not a party, may intervene as a matter of right at any time in the proceeding.
(f) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney's and expert witness fees to any prevailing or substantially prevailing plaintiff, whenever the court determines such an award to be appropriate. The award shall be limited to the extent that there is a reasonable correlation between the importance of the case and the fees awarded. In any action against a state agency, fees shall not exceed a total of $50,000.
(g) 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 violation of any land use or environmental law, ordinance, rule, permit, variance, approval, or order. Nothing in this section shall restrict any right that any person may have under common law to seek damages against another party whose actions have been determined to be frivolous.
(h) Penalties received shall be deposited into the general fund of the State or appropriate county, as the case may be, unless the applicable statute directs that civil penalties be deposited elsewhere. The court shall have discretion to order that, in lieu of civil penalties, the defendant shall provide funding for beneficial mitigation, restoration, management, education, or protection projects that enhance public health or the environment."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |