§11-54-15 - Field citations; non-compliance.
§11-54-15 Field citations; non-compliance.
(a) This section authorizes field citations to effectively and quickly settle easily verifiable violations of chapter 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS.
(b) Offer to settle.
(1) A field citation is an offer to settle an administrative case against a specific violation on a specific day. Instead of issuing a formal notice and finding of violation and order, the director may, in the director's sole discretion, through any authorized employee, issue a field citation by personal service or certified mail to:
(A) Any person who discharges or otherwise causes or allows water pollutants to enter State waters and cause violation of this chapter, unless that person acted in compliance with a permit or variance issued by the director pursuant to chapter 342D for that person's discharges;
(B) Any person who fails to correctly install, implement, maintain, or repair site best management practices as called for in this chapter;
(C) Any person who violates monitoring requirements as required by the director;
(D) Any person who violates record keeping requirements as required by the director.
(2) A field citation shall indicate the following amounts for violations:
(A) $500 for any person who violates paragraph (a)(1)(A), (B), or (C) for first violation, and $2,000 for a subsequent violation; and
(B) $100 for any person who violates paragraph (a)(1)(D) for first violation, and $200 for a subsequent violation.
(c) Resolution of field citation.
(1) A person issued a field citation may accept the citation by:
(A) Signing the field citation;
(B) Paying the full amount indicated on the field citation. Payment shall be made to the "State of Hawaii" in the form of a pre-printed check, cashier's check, money order, or as otherwise specified by the director;
(C) Mailing or delivering the signed citation and full payment to the clean water branch in Honolulu or to the district health office for the county where the violation occurred. The department must receive the signed field citation and full payment within twenty days after the person receives the field citation; and
(D) Correction within seven (7) days, or unless otherwise specified on the field citation, of the violation of this chapter.
(2) By signing the field citation, the person to whom it was issued agrees to:
(A) Give up the right to a contested case hearing under chapter 91 or 342D, HRS, or otherwise challenge the field citation;
(B) Pay the full amount indicated; and
(C) Correct the violation.
(3) If the field citation is not accepted in compliance with paragraph (1), the director may seek for that cited violation any remedies available under this chapter; chapter 342D, HRS; or any other law. For all other violations the director retains authority to seek any available remedies.
(d) Form of citation. The department shall prescribe a field citation form."
[Eff and compiled NOV 15 2014 ] (Auth: HRS SS342D-1, 342D-4, 342D-5, Ch. 342E) (Imp: HRS §§342D-4, 342D-5, Ch. 342E)
Amendments and compilation of chapter 54, title 11, Hawaii Administrative Rules, on the Summary Page dated NOV 15 2014 were adopted on NOV 15 2014 following a public hearing held on October 2, 2014, after public notice was given in the Honolulu Star-Advertiser, Hawaii Tribune-Herald, West Hawaii Today, The Maui News, and The Garden Isle on August 28, 2014.
The adoption of chapter 11-54 shall take effect ten days after filing with the Office of the Lieutenant Governor
LINDA ROSEN, M.D.
Director of Health
State of Hawaii
APPROVED AS TO FORM:
EDWARD G. BOHLEN
Deputy Attorney General
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