Bill Text: HI SB2658 | 2024 | Regular Session | Introduced
Bill Title: Relating To State Water Code Penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-09 - The committee on WTL deferred the measure. [SB2658 Detail]
Download: Hawaii-2024-SB2658-Introduced.html
|
THE SENATE |
S.B. NO. |
2658 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STATE WATER CODE PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to ensure that all violators of the state water code are held accountable for their violations by creating a minimum penalty of $50 and a maximum penalty of $60,000 for every violation.
SECTION 2. Section 174C-15, Hawaii Revised Statutes, is amended to read as follows:
"§174C-15 Penalties and common law remedies. (a) The commission may enforce its rules and
orders adopted pursuant to this chapter by suit for injunction or for damages
or both.
(b) Any person who violates any provision of this
chapter, [or] violates any rule adopted pursuant to this chapter,
[may] violates any order of the commission, fails to obtain a permit
when a permit is required under this chapter, or fails to comply with permit
conditions, shall be subject to a fine imposed by the commission. [Such] The fine shall be not
less than $50 and shall not exceed [$5,000. For a continuing offense, each day during
which the offense is committed is a separate violation.] $60,000 per
violation. Each day that a violation
exists or continues to exist shall constitute a separate offense. Penalties for continuing violations shall be
assessed from the earliest known date of the violation. The earliest known date of a violation shall
be determined by the commission by a preponderance of the evidence; provided
that if the earliest known date cannot be determined by a preponderance of the
evidence, penalties for continuing violations shall be assessed from the
earliest date the commission is made aware of the violation.
(c) The commission shall determine the penalty amount for each violation upon review of the circumstances of the violation, taking into account the nature, extent, and gravity of the violation and considering the history of the violations, degree of culpability, and other matters as justice may require.
[(c)] (d) No provision of this chapter shall bar the
right of any injured person to seek other legal or equitable relief against a
violator of this chapter.
[(d)] (e) Except as otherwise provided by law, the
commission or its authorized representative by proper delegation [may] shall
set, charge, and collect administrative fines; [or] may bring
legal action to recover administrative fees and costs as documented by receipts
or affidavit, including [attorneys'] attorney's fees and costs; [or]
and may bring legal action to recover administrative fines, fees, and
costs, including [attorneys'] attorney's fees and costs, or
payment for damages resulting from a violation of this chapter or any rule
adopted pursuant to this chapter."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2024.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
State Water Code; Commission on Water Resource Management; Penalties
Description:
Adds a minimum penalty of $50 and a maximum penalty of $60,000 per violation of the State Water Code and makes each day that a violation exists or continues to exist a separate offense. Requires the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
