(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 342J-9

  • Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 342J-2
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous or solid waste into or on any land or water so that hazardous or solid waste or any constituent thereof may enter the environment, be emitted into the air, or discharged into any waters, including ground waters. See Hawaii Revised Statutes 342J-2
  • facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. See Hawaii Revised Statutes 342J-2
  • Hazardous waste: means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

    (1) Cause or significantly contribute to an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness; or

    (2) Pose a substantial existing or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Hawaii Revised Statutes 342J-2

  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of treatment, storage, or disposal. See Hawaii Revised Statutes 342J-2
  • Permit: means written authorization from the director for the owner or operator of a proposed or existing hazardous waste management facility to engage in the treatment, storage, or disposal of hazardous waste. See Hawaii Revised Statutes 342J-2
  • Person: means any individual, partnership, firm, joint stock company, association, public or private corporation, federal agency, the State or any of its political subdivisions, any state and any of its political subdivisions, trust, estate, interstate body, or any other legal entity. See Hawaii Revised Statutes 342J-2
  • Storage: means the containment of hazardous waste, temporarily or for a period of years, in a manner which does not constitute disposal. See Hawaii Revised Statutes 342J-2
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste or render it nonhazardous, less hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Hawaii Revised Statutes 342J-2
(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized representative of the director, or fails to provide information requested by the representative under § 342J-6 or 342J-55 shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(c) Any person who knowingly:

(1) Transports any hazardous waste to a storage, treatment, or disposal facility that does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;
(2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5, or who violates any term or condition of a permit or variance issued pursuant to this chapter;
(3) Transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil or used oil fuel in violation of any rules adopted pursuant to this chapter relating to used oil or used oil fuel;
(4) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, including compliance with any rules adopted pursuant to this chapter relating to used oil or used oil fuel; or
(5) Abandons or causes to be abandoned any hazardous waste, used oil, or used oil fuel;

shall be subject to criminal penalties. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

Violations of paragraphs (1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates paragraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

For purposes of this subsection, “abandon” means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel.

  Previous
Next  
 Part II Contents