HAR §11-46-14. §11-46-14 Enforcement

(a) Initial violation. If the director determines that any person has violated or is violating this chapter, or any condition of a permit, variance, or modification issued pursuant to this chapter, the director: (1) Shall cause written notice to be served upon the alleged violator or violators. This notice shall specify the alleged violation and may contain an order specifying a reasonable time during which that person shall be required to take any measures that may be necessary to correct the violation and give periodic progress reports; (2) May require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of; and (3) May impose penalties as provided in section 342F-11, HRS, and section 11-46-18 by sending a notice, in writing, either by certified mail or by personal services, to the alleged violator or violators describing the violation. (b) Continuing violation. If the director determines that any person is continuing to violate this chapter, or any condition of a permit, variance, or modification issued pursuant to this chapter after having been served a notice of violation, the director: (1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and shall contain an order requiring that person to submit a written schedule within thirty days specifying the measures to be taken and the time within which the measures shall be taken to bring that person in compliance with this chapter, or the conditions of a permit, variance, or modification issued pursuant to this chapter; (2) Shall accept or modify the submitted schedule within thirty days of receipt of the schedule. Any schedule not acted upon after thirty days of receipt by the director shall be deemed accepted by the director; (3) Shall issue to the alleged violator or 46-24 1969 §11-46-14 violators a cease order against the activities that violate this chapter, or any condition of a permit or variance issued pursuant to this chapter if that person does not submit a written schedule to the director within thirty days. This order shall remain in effect until the director accepts the written schedule; and (4) May impose penalties as provided in section 342F-11, HRS, or section 11-46-18 by sending a notice, in writing, either by certified mail or by personal service, to the alleged violator or violators describing the violation. (c) Violation of abatement schedule or order. If the director determines that any person has violated the provisions of an accepted schedule or has violated an order issued under this section, the director shall impose penalties by sending a notice in writing, either by certified mail or by personal service, to that person, describing such nonadherence or violation. (d) Violation order. (1) Any order issued under this chapter shall become final, unless no later than twenty days after the notice of order is served, the person or persons named therein request, in writing, a hearing before the director. (2) Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served, unless the person or persons named therein request, in writing, a hearing before the director. (3) Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. (e) Contested hearing. (1) Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of. (2) Any hearing conducted under this section shall be conducted as a contested case under 46-25 1969