Report Title:

Waste Management; Illegal Dumping; Class C Felony; Citizen Suits

Description:

Makes the penalty for illegal dumping a class C felony. Authorizes citizen suits for solid waste pollution offenses.

HOUSE OF REPRESENTATIVES

H.B. NO.

2182

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to waste management.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342H- Citizen suits. (a) Any person may commence a civil action on that person’s own behalf against any person (including the State and the director, and any political subdivision thereof) who is alleged to be in violation of this chapter, including any rule adopted pursuant to this chapter, any term or condition of a permit, variance, or agreement, or any order issued by the director.

(b) The circuit court shall have jurisdiction to:

(1) Enforce a statutory provision, rule, condition, or order;

(2) Order the director to perform an act or duty; and

(3) Apply any appropriate civil penalties.

(c) No action may be commenced if the director or the department has commenced and is diligently prosecuting a civil action to require compliance, but in any such action, any person may intervene as a matter of right.

(d) In any action under this section, the director, if not a party, may intervene as a matter of right at any time in the proceeding.

(e) In issuing any final order in any action brought pursuant to this section, the court shall award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security in accordance with the Hawaii rules of civil procedure.

(f) Nothing in this section shall restrict any right which any person may have under any constitutional provision, statute, or common law to seek enforcement of any provision of this chapter or to seek any other relief.

(g) Penalties received under subsection (b) shall be deposited into the environmental response revolving fund established by section 128D-2. The court shall have discretion to order that the civil penalties imposed and collected under this section, in lieu of being deposited in the fund, be used in beneficial mitigation, education, or protection projects which enhance public health or the environment.

(h) This section shall be liberally construed to effectuate its remedial purpose."

SECTION 2. Section 342H-30, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be guilty of a class C felony and subject to [one or more of the following penalties:

(1) Criminal penalties of not more than $25,000 for each separate offense;

(2) Not more than thirty days imprisonment for each offense; or

(3) Revocation] revocation or suspension by court order of any contractor’s license to operate as a contractor or any applicable certificate of authorization from the public utilities commission.

[Each day of a violation shall constitute a separate offense.]"

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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