Haw. Code R. § 13-190.1-5 - Violations; penalties

(a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of chapter 179D, HRS, this chapter, or any order or condition adopted, issued, or required under this chapter. The administrative penalty shall not exceed $25,000 per day of a violation, and each day during which the violation continues shall constitute an additional, separate, and distinct violation. Proceedings under this section shall be conducted pursuant to the administrative rules for the department.

(b) With the assistance of the attorney general, the board may seek an injunction and damages in the enforcement of this chapter.

(c) All penalties, fees, and costs collected pursuant to this section or other rules adopted by the board pursuant to chapter 179D, HRS, shall be deposited in the dam and reservoir safety special fund.

Notes

Haw. Code R. § 13-190.1-5

[Eff. FEB 20 2012] (Auth: HRS §§ 179D-6, 17 9D-8) (Imp: HRS §17 9D-8)