Current through February, 2024
(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 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 Chapter
91, HRS.
(3) If, after a hearing held pursuant to this
section, the director finds that a violation or violations have occurred, the
director shall affirm or modify any penalties imposed, or shall modify or
affirm the order previously issued, or issue an appropriate order or orders for
the prevention, abatement, or control of the violation involved, or for the
taking of such other corrective action as may be appropriate.
(4) If, after a hearing on an order or
penalty contained in a notice, the director finds that no violation has
occurred or is occurring, the director shall rescind the order or
penalty.
(5) An order issued after
hearing may prescribe the date or dates by which the violation or violations
shall cease and may prescribe timetables for necessary action in preventing,
abating, or controlling the violation.
(f) Civil action.
(1) If the amount of any penalty is not paid
to the department within thirty days after it becomes due and payable, the
director may institute a civil action in the name of the State to collect the
administrative penalty which shall be a government realization.
(2) In any proceeding to collect the
administrative penalty imposed, the director need only show that notice was
given, a hearing was held or the time granted for requesting a hearing expired
without a request for a hearing, the administrative penalty was imposed, and
the penalty remains unpaid.
(g) Subpoena.
(1) In connection with any hearing held
pursuant to this section, the director shall have the power to subpoena the
attendance of witnesses and the production of evidence on behalf of all
parties.
(h) The
director shall enforce the provisions of this chapter.