Haw. Code R. § 11-453-37 - Penalties and fines
(a) Any person who
violates any of the emergency reporting, planning, or notification requirements
of sections
128E-6,
and
128E-7,
HRS or rules or regulations adopted pursuant, or fails to pay the fees required
by section
128E-9, HRS and
section 11-453-32, Shall be subject to a civil penalty of not less than $1,000
but not more than $25,000 for each separate offense. Each day of each violation
shall constitute a separate offense.
(b) Any person who:
(1) Knowingly fails to report the release of
a hazardous substance or extremely hazardous substance, as required by section
128E-7,
HRS and section 11-453-23, shall be guilty of a misdemeanor and, upon
conviction, be fined not less than $1,000 but not more than $25,000 for each
separate offense, or imprisoned for not more than one year, or both. For the
purposes of this paragraph, each day of each violation shall constitute a
separate offense; or
(2)
Intentionally obstructs or impairs, by force, violence, physical interference,
or obstacle, a representative of the department, a hazardous materials response
team, or a committee attempting to perform the duties and functions set forth
in section
128E-5,
HRS and subchapter 3 shall be guilty of a misdemeanor and, upon conviction, be
fined not less than $5,000 but not more than $25,000 for each separate offense,
or be imprisoned for not more than one year, or both,
(c) All moneys collected under this
subchapter shall be deposited in the state treasury and accrue to the credit of
the fines and cleanup account within the state general fund.
Notes
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