Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL
Section 11-56-11 - Right to inspect
Universal Citation: HI Admin Rules 11-56-11
Current through February, 2024
(a) A person regulated under this chapter shall allow the director to:
(1) Enter and inspect any area to investigate
an actual or suspected source of water pollution, to ascertain compliance or
noncompliance with this chapter or any Nonpoint Source Order issued pursuant to
this chapter;
(2) Inspect any
records kept in accordance with the terms and conditions of this chapter;
and
(3) Test any waters and aquatic
and other life forms that may have been subjected to any form of nonpoint
source pollution and assess the environmental effects of the pollution,
including the pollution's effects on the quality of the receiving waters and
aquatic and other life forms. If the department determines that the effects of
the pollution would make it hazardous to consume the water and aquatic or other
life forms, the director shall immediately notify the public of the hazard
through the news media and by posting warning signs in those areas where the
waters and shoreline contain water and aquatic or other life forms that would
be hazardous if consumed.
(b) Any person who denies, obstructs, or hampers the entrance to and inspection by any duly authorized officer or employee of the department of any building, place, or vehicle shall be fined not more than $5,000 for each day of such a denial, obstruction, or hampering. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
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