Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 54 - WATER QUALITY STANDARDS
Section 11-54-15 - Field citations; non-compliance
Universal Citation: HI Admin Rules 11-54-15
Current through February, 2024
(a) This section authorizes field citations to effectively and quickly settle easily verifiable violations of chapter 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS.
(b) Offer to settle.
(1) A field citation is an offer to settle an
administrative case against a specific violation on a specific day. Instead of
issuing a formal notice and finding of violation and order, the director may,
in the director's sole discretion, through any authorized employee, issue a
field citation by personal service or certified mail to:
(A) Any person who discharges or otherwise
causes or allows water pollutants to enter State waters and cause violation of
this chapter, unless that person acted in compliance with a permit or variance
issued by the director pursuant to chapter
342D for that person's
discharges;
(B) Any person who
fails to correctly install, implement, maintain, or repair site best management
practices as called for in this chapter;
(C) Any person who violates monitoring
requirements as required by the director;
(D) Any person who violates record keeping
requirements as required by the director.
(2) A field citation shall indicate the
following amounts for violations:
(A) $500 for
any person who violates paragraph (a)(1)(A), (B), or (C) for first violation,
and $2,000 for a subsequent violation; and
(B) $100 for any person who violates
paragraph (a)(1)(D) for first violation, and $200 for a subsequent
violation.
(c) Resolution of field citation.
(1) A person issued a field citation may
accept the citation by:
(A) Signing the field
citation;
(B) Paying the full
amount indicated on the field citation. Payment shall be made to the 'State of
Hawaii" in the form of a pre-printed check, cashier's check, money order, or as
otherwise specified by the director;
(C) Mailing or delivering the signed citation
and full payment to the clean water branch in Honolulu or to the district
health office for the county where the violation occurred. The department must
receive the signed field citation and full payment within twenty days after the
person receives the field citation; and
(D) Correction within seven (7) days, or
unless otherwise specified on the field citation, of the violation of this
chapter.
(2) By signing
the field citation, the person to whom it was issued agrees to:
(A) Give up the right to a contested case
hearing under chapter
91 or
342D, HRS, or otherwise challenge
the field citation;
(B) Pay the
full amount indicated; and
(C)
Correct the violation.
(3) If the field citation is not accepted in
compliance with paragraph (1), the director may seek for that cited violation
any remedies available under this chapter; chapter
342D, HRS; or any other law. For all
other violations the director retains authority to seek any available
remedies.
(d) Form of citation. The department shall prescribe a field citation form."
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