SB3220 SD1

THE SENATE	S.B. NO.	3220
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

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 more than [~~$25,000~~] $56,460 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 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 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 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 more than [~~$10,000~~] $56,400 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 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 the environmental response revolving fund pursuant to [[]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 more than [~~$25,000~~] $56,400 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 more than [~~$25,000~~] $56,400 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 more than [~~$500~~] $10,000 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 2022-2023 for one permanent full-time equivalent (1.0 FTE) environmental health specialist position within the clean water branch of the department of health.

The sum 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 January 1, 2050.