HAR §11-453-36. Violations

(a) Whenever, on the basis of information available, the commission finds 2943 453-30 that any person has violated or is in violation of the Hawaii Emergency Planning and Community Right-to-Know Act, 128E, HRS, or any rule or regulation adopted pursuant thereto, the commission: (1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable time during which the facility shall submit the required reports, forms, and notifications; (2) May require the alleged violator or violators to appear before the commission for a hearing at a time and place specified in the notice or to be set later, and to answer the charges complained of; and (3) May impose penalties as provided in section 128E-11, HRS and section 11-453-37 by sending a written notice describing the violation, either by certified mail or personal service, to the alleged violator or violators. The exercise of any of the remedies provided in this subchapter shall not preclude recourse to any other remedy so provided. [Eff NOV 05 2010 ] (Auth: HRS §128E-12) (Imp: HRS §128E-12) 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 453-31 9 4 3 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. [Eff NOV 05 2010] (Auth: HRS §128E-11) (Imp: HRS §128E-11)