If the commission determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, 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;

Terms Used In Hawaii Revised Statutes 128E-12

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Commission: means the Hawaii state emergency response commission. See Hawaii Revised Statutes 128E-1
  • Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor carrier, rolling stock, aircraft, site, or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located. See Hawaii Revised Statutes 128E-1
  • Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body. See Hawaii Revised Statutes 128E-1
(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 § 128E-11 by sending a written notice describing the violation, either by certified mail or personal service, to the alleged violator or violators.

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