hawai i environmental ourt

HAWAI‘I ENVIRONMENTAL COURT

ENVIRONMENTAL COURT JURISDICTION

HAWAI‘I REVISED STATUTES REFERENCE LIST

H.R.S. Chapters Included in

Act 218, Session Laws Hawai‘i State Legislature 2014

Materials Prepared for Hawai‘i Environmental Court Symposium

June 26, 2015

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HAWAI‘I REVISED STATUTES REFERENCE LIST

H.R.S. CHAPTERS INCLUDED IN ACT 218

6D Protection of Caves

6E Historic Preservation

6K Kaho‘olawe Island Reserve

128D Environmental Response Law

171 Public Lands, Management and Disposition of

172 Land Commission Awards; Surveys

173 Reclamation of Lands

173A Acquisition of Resource Value Lands

174 Water and Land Development

174C State Water Code

179 Flood Control and Flood Water Conservation

179D Dams and Reservoirs

180 Soil and Water Conservation Districts

180C Soil Erosion and Sediment Control

181 Strip Mining

182 Reservation and Disposition of Government Mineral Rights

183 Forest Reserves, Water Development, Zoning

183B Hawaiian Fishponds

183C Conservation District

183D Wildlife

184 State Parks and Recreation Areas

185 Land Fire Protection Law

186 Tree Farms

187A Aquatic Resources

188 Fishing Rights and Regulations

188F West Hawaii Regional Fishery Management Area

189 Commercial Fishing

190 Marine Life Conservation Program

190D Ocean and Submerged Lands Leasing

193 Conservation: Employment Programs

194 Invasive Species Council

195 Natural Area Reserves System

195D Conservation of Aquatic Life, Wildlife, and Land Plants

195F Forest Stewardship

196 Energy Resources

196D Geothermal and Cable System Development

197 General Provisions Relating to Aquatic Resources and Wildlife

198 Conservation Easements

198D Hawaii Statewide Trail and Access System

199 Conservation and Resources Enforcement Program

199D Civil Natural Resource Violations Act

200 Ocean Recreation and Coastal Areas Programs

200D Kane‘ohe Bay Regional Council

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339 Litter Control

339D Electronic Waste and Television Recycling and Recovery Act

340A Solid Waste

340E Safe Drinking Water

342B Air Pollution Control

342C Ozone Layer Protection

342D Water Pollution

342E Nonpoint Source Pollution Management and Control

342F Noise Pollution

342G Integrated Solid Waste Management

342H Solid Waste Pollution

342I Special Wastes Recycling

342J Hazardous Waste

342L Underground Storage Tanks

342P Asbestos and Lead

343 Environmental Impact Statements

508C Uniform Environmental Covenants Act

TABLE OF CONTENTS

H.R.S. Chapters Included in Act 218 ............................................................................................................. i

H.R.S. Chapters Administered by the Department of Health ....................................................................... 1

H.R.S. Ch. 128D – Environmental Response Law ................................................................................... 1

H.R.S. Ch. 339 – Litter Control ................................................................................................................ 1

H.R.S. Ch. 339D – Electronic Waste and Television Recycling and Recovery Act ................................ 1

H.R.S. Ch. 340A – Solid Waste ................................................................................................................ 2

H.R.S. Ch. 340E – Safe Drinking Water .................................................................................................. 2

H.R.S. Ch. 342B – Air Pollution Control ................................................................................................. 3

H.R.S. Ch. 342C – Ozone Layer Protection ............................................................................................. 4

H.R.S. Ch. 342D – Water Pollution .......................................................................................................... 4

H.R.S. Ch. 342E – Nonpoint Source Pollution Management and Control ............................................... 5

H.R.S. Ch. 342F – Noise Pollution ........................................................................................................... 5

H.R.S. Ch. 324G – Integrated Solid Waste Management ......................................................................... 6

H.R.S. Ch. 342H – Solid Waste Pollution ................................................................................................ 6

H.R.S. Ch. 342I – Special Wastes Recycling ........................................................................................... 7

H.R.S. Ch. 342J – Hazardous Waste ......................................................................................................... 7

H.R.S. Ch. 342L – Underground Storage Tanks....................................................................................... 8

H.R.S. Ch. 342P – Asbestos and Lead ...................................................................................................... 8

H.R.S. Ch. 508C – Uniform Environmental Covenants Act .................................................................... 9

H.R.S. Chapters Administered by the Office of Environmental Quality Control ....................................... 10

H.R.S. Ch. 343 – Environmental Impact Statements .............................................................................. 10

H.R.S. Chapters Administered by the Department of Land and Natural Resources ................................... 11

H.R.S. Ch. 6D – Protection of Caves ...................................................................................................... 11

H.R.S. Ch. 6E – Historic Preservation .................................................................................................... 11

H.R.S. Ch. 6K – Kahoolawe Island Reserve .......................................................................................... 12

H.R.S. Ch. 171 – Public Lands, Management and Disposition of .......................................................... 12

H.R.S. Ch. 172 – Land Commission Awards; Surveys .......................................................................... 12

H.R.S. Ch. 173 – Reclamation of Lands ................................................................................................. 13

H.R.S. Ch. 173A – Acquisition of Resource Value Lands ..................................................................... 13

H.R.S. Ch. 174 – Water and Land Development .................................................................................... 13

H.R.S. Ch. 174C – State Water Code ..................................................................................................... 13

H.R.S. Ch. 179 – Flood Control and Flood Water Conservation ........................................................... 13

H.R.S. Ch. 179D – Dams and Reservoirs ............................................................................................... 13

H.R.S. Ch. 180 Soil and Water Conservation Districts .......................................................................... 14

H.R.S. Ch. 180C – Soil Erosion and Sediment Control .......................................................................... 14

H.R.S. Ch. 181 – Strip Mining ................................................................................................................ 14

H.R.S. Ch. 182 – Reservation and Disposition of Government Mineral Rights ..................................... 14

H.R.S. Ch. 183 – Forest Reserves, Water Development, Zoning ........................................................... 15

H.R.S. Ch. 183B – Hawaiian Fishponds ................................................................................................. 15

H.R.S. Ch. 183C – Conservation District ............................................................................................... 15

H.R.S. Ch. 183D – Wildlife .................................................................................................................... 15

H.R.S. Ch. 184 – State Parks and Recreation Areas ............................................................................... 16

H.R.S. Ch. 185 – Land Fire Protection Law ........................................................................................... 17

H.R.S. Ch. 186 – Tree Farms .................................................................................................................. 17

H.R.S. Ch. 187A – Aquatic Resources ................................................................................................... 17

H.R.S. Ch. 188 – Fishing Rights and Regulations .................................................................................. 18

H.R.S. Ch. 188F – West Hawaii Regional Fishery Management Area .................................................. 18

H.R.S. Ch. 189 – Commercial Fishing ................................................................................................... 18

H.R.S. Ch. 190 – Marine Life Conservation Program ............................................................................ 18

H.R.S. Ch. 190D – Ocean and Submerged Lands Leasing ..................................................................... 19

H.R.S. Ch. 193 – Conservation: Employment Programs ........................................................................ 19

H.R.S. Ch. 194 – Invasive Species Council ............................................................................................ 19

H.R.S. Ch. 195 – Natural Area Reserves System ................................................................................... 19

H.R.S. Ch. 195D – Conservation of Aquatic Life, Wildlife, and Land Plants ....................................... 20

H.R.S. Ch. 195F – Forest Stewardship ................................................................................................... 20

H.R.S. Ch. 196 – Energy Resources ....................................................................................................... 20

H.R.S. Ch. 196D – Geothermal and Cable System Development .......................................................... 20

H.R.S. Ch. 197 – General Provisions Relating to Aquatic Resources and Wildlife ............................... 21

H.R.S. Ch. 198 – Conservation Easements ............................................................................................. 21

H.R.S. Ch. 198D – Hawaii Statewide Trail and Access System ............................................................ 21

H.R.S. Ch. 199 – Conservation and Resources Enforcement Program .................................................. 21

H.R.S. Ch. 199D – Civil Natural Resource Violations Act .................................................................... 22

H.R.S. Ch. 200 – Ocean Recreation and Coastal Areas Programs ......................................................... 22

H.R.S. Ch. 200D – Kaneohe Bay Regional Council ............................................................................... 22

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H.R.S. CHAPTERS ADMINISTERED BY THE DEPARTMENT OF HEALTH

H.R.S. Ch. 128D – Environmental Response Law

Creates duty to notify DOH of release of a hazardous substance into the environment when

quantity of the substance meets or exceeds those determined pursuant to CERCLA § 102 or

DOH rules adopted under H.R.S. § 128D. H.R.S. § 128D-3(b).

o Offense level: misdemeanor for failure to report H.R.S. § 128D-3(c).

Criminalizes knowing releases of hazardous substances that exceed the threshold in rules

established by DOH.

o Offense level: class C felony. H.R.S. § 128D-10.

o Permitted releases exempted.

Forbids removal or destruction or alteration of records. H.R.S. § 128D-11.

H.R.S. § 128D-8 establishes civil penalties under this chapter and provides criteria for the

determination of such penalties.

Link to H.R.S. Chapter 128D:

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0128D/

H.R.S. Ch. 339 – Litter Control

Prohibits litter in public places, waters of the state or on private property (affirmative defense

that defendant had permission of owner).

Provides for citations of drivers for vehicles that litter.

Prohibits damaging or moving of litter receptacles

Prohibits transportation of litter from household or commercial activity to public litter

receptacles.

o Criminal Penalty Provision: H.R.S. § 339-8

Offense level: violation

Not less than $100 and not more than $500 for each offense and order to pick

up and remove litter from public places:

Four hours of picking up litter or community service for first offense;

and

Eight hours of picking up litter or community service for any

subsequent offense.

Link to H.R.S. Chapter 339:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0339/

H.R.S. Ch. 339D – Electronic Waste and Television Recycling and Recovery Act



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Prohibits sale of covered electronic devices without brand label that is permanently affixed

and readily visible; brand must be registered with DOH.

Establishes program for recycling of televisions.

Only administrative penalties provided.


http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0339D/

H.R.S. Ch. 340A – Solid Waste

Establishes ownership of solid waste and allows DOH to delegate waste disposal to the

respective counties.

o No proscriptive provisions or penalties.

Link to H.R.S. Chapter 340A:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0340A/

H.R.S. Ch. 340E – Safe Drinking Water

Various prohibitions relating to the safety of drinking water including:

o Prohibits tampering, attempting to tamper, or threatening to tamper with a public

water system. H.R.S. § 340E-4.5.

Criminal Penalty Provision: H.R.S. § 340E-4.5

Offense level: felony

Imprisonment up to five years and fine up to $500,000

Maximum fine of $250,000 if the person is an individual

H.R.S. § 340E-7 prohibits:

o violation by any supplier of water of any rule adopted pursuant to section

H.R.S. § 340E-2 (Drinking water standards)

o violations by any supplier of water of any variance, exemption, permit or written

authorization under this par.

o violations by any supplier of water of any emergency plan adopted pursuant to

H.R.S. § 340E-5.

o supplier of water from disseminating false or misleading information with respect to

notices required under H.R.S. § 340E-6 or with respect to remedial actions taken to

comply with drinking water standards.

o any person from violating any order issued by the Director of DOH pursuant to this

chapter.

o any person from causing a public water system to violate the safe drinking water

regulations.

o any person from violating the underwater injection control rules adopted pursuant to

this part.

o failure or refusal to comply with the Director’s authority to inspect the premises of

any supplier of water.


http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0340A/

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o installation or repair of any public water system or any plumbing in a residential or

nonresidential facility which is connected to any public watersystem with materials

that are not lead free.

o any person from violating rules pursuant to H.R.S. § 340E that relate to water system

capacity.

Penalty Provision: H.R.S. § 340E-8

Administratively or civilly fined not more than $25,000 per day per

violation.

Criminal Provision: felony willful violation of H.R.S. § 340E-7 fined

not more than $25,000 per day per violation and not more than three

years imprisonment.

Link to H.R.S. Chapter 340E:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0340E/

H.R.S. Ch. 342B – Air Pollution Control

H.R.S. § 342B-11: Prohibitions

o Prohibits activity which causes air pollution or allows the emission of any regulated

air pollutant without first securing approval in writing from the Director of DOH

H.R.S. § 342B-30: Judicial Review

o Applicant and any person who participated in the public comment process of final

action on a permit issuance or renewal may obtain judicial review in the

environmental court.

o Civil Penalty Provision: H.R.S. § 342B-47

Violation of vehicular smoke emission rules not less than $25 nor more than

$2,500 per separate offense.

Violation of open burning control rules not more than $10,000 per separate

offense.

Violation of rules adopted other than vehicular smoke emission, open burning

control rules, condition of permit issued or variance granted, or fee or filing

requirement, fine no more than $25,000 per separate offense.

Interfering with entrance, inspection, or monitory of building, place, or

vehicle, fine no more than $25,000 per separate offense.

Mens rea is not an element of proof for civil violations in this chapter.

o Criminal Penalty Provision: H.R.S. § 342B-49

Offense level: felonies

Maximum of $25,000 for each day of violation, no more than five years

imprisonment, or both for knowingly violating applicable standards or

limitations, any condition in a permit issued pursuant to this chapter, any

order, any rule, or any fee or filing requirement.

Maximum of $25,000 fine for each day of violation, no more than two years

imprisonment, or both knowingly making a false statement, representation or

certification in any form, any notice or report to DOH.


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Maximum of $25,000 fine for each day of violation, no more than two years

imprisonment, or both for negligently releasing into the ambient air any

hazardous air pollutant or extremely hazardous substance and negligently

places other persons in imminent danger of death or serious bodily injury.

Provides for doubling of fine or term of incarceration for repeat offender.

Maximum of $25,000 fine for each day of violation, no more than fifteen

years imprisonment, or both for person that knowingly releases into the

ambient air any hazardous air pollutant or extremely hazardous substance and

who knows at the time that another person is placed in imminent danger of

death or serious bodily injury. Maximum of $1,000,000 if the violator is an

organization. Provides for doubling of fine or term of incarceration for repeat

offender.

Link to H.R.S. Chapter 342B:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342B/

H.R.S. Ch. 342C – Ozone Layer Protection

Prohibitions relating to chlorofluorocarbon (CFC) and fire extinguishers containing halon or

other ozone-depleting compounds.

o Civil Penalty Provision: H.R.S. § 342C-5

No more than $1,000 for each separate violation of any provision or rule

adopted pursuant to this chapter.

Link to H.R.S. Chapter 342C:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342C/

H.R.S. Ch. 342D – Water Pollution

Various statutory provisions and rulemaking authority for DOH in the administration,

enforcement, and inspection programs and projects relating to wastewater treatment, water

pollution programs, and water pollution control.

o Civil Penalty Provision: H.R.S. § 342D-30

Maximum $25,000 fine per separate offense for violation of violates this chapter,

any rule, or any term or condition of a permit or variance issued pursuant to this

chapter.

Maximum $10,000 fine for any person who denies, obstructs or hampers the

entrance to and inspection by any DOH employee or duly authorized officer of

any building place or vehicle. Each denial, obstruction, or hampering constitutes

separate offense.

o Criminal Penalty Provisions: H.R.S. §342D-32 applies to negligent violations

First conviction: fine no less than $2,500 nor more than $25,000 per

day of violation, or no more than one year imprisonment, or both.

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342B/


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Subsequent convictions: fine no more than $50,000 per day of

violation, or no more than two years imprisonment, or both.

H.R.S. §342D-33 applies to knowing violations

First conviction: fine no less than $5,000 nor more than $50,000 per

day of violation, or no more than three years imprisonment, or both.

Subsequent convictions: fine no more than $100,000 per day of

violation, or no more than six years imprisonment, or both.

H.R.S. §342D-34 applies to knowing endangerment

Knowing violation that places another in imminent danger of death or

serious bodily injury: fine no more than $250,000, or no more than 15

years imprisonment, or both.

Maximum fine of $1,000,000 if violator is an organization.

Fine and imprisonment double for subsequent convictions.

H.R.S. §342D-35 applies to false statements

First conviction: fine no more than $10,000, or two years

imprisonment, or both.



H.R.S. Ch. 342E – Nonpoint Source Pollution Management and Control

Establishes a nonpoint source pollution management and control program in DOH to

administer and enforce laws and regulations relating to nonpoint source pollution.

o Civil Penalty Provision: H.R.S. § 342E-4

Maximum $10,000 fine for each violation of any rule adopted under this chapter.

Each day of violation constitutes separate offense.

Maximum $5,000 fine for any person who denies, obstructs or hampers the

entrance to and inspection by any DOH employee or duly authorized officer of

any building place or vehicle. Each denial, obstruction, or hampering constitutes

separate offense.



H.R.S. Ch. 342F – Noise Pollution

Provides authority for the regulation of noise pollution.

Prohibits activity that produces excessive noise without prior approval in writing from DOH.

Provides exception for school activities approved by school authorities.

o Penalty Provision: H.R.S. § 342F-9

Criminal Penalty: H.R.S. § 342F-9(a)


Not less than $25 nor more than $2,500 per separate offense.



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Each day of violation constitutes separate offense.

Civil Penalties: H.R.S. §§ 342F-9(b)&(c)

Not more than $10,000 for each violation of this chapter, any rule

adopted pursuant to this chapter, other than vehicular noise control

rules, or any permit or variance issued pursuant to this chapter.

Fine not more than $500 for denial, obstruction, or hampering the

entrance or inspection by authorized officer or employee of DOH of

any building, place, or vehicle that the officer or employee is

authorized to enter and inspect.

Link to H.R.S. Chapter 342F:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342F/

H.R.S. Ch. 324G – Integrated Solid Waste Management

Provides for administration and regulation of solid waste management program.

o Penalty Provision: H.R.S. § 342G-71

Maximum fine not more than $10,000 per separate offense.

Each day of each violation constitutes separate offense.

Allows collection of penalty to be, administrative, civil, or criminal action.

Link to H.R.S. Chapter 342G:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342G/

H.R.S. Ch. 342H – Solid Waste Pollution

Provides limitations for solid waste for the discard, disposal, deposit, discharge, or dump of

solid waste.

Prohibits the operation of an open dump.

Provides rulemaking authority for construction and proper operation of solid waste

management systems.

Provides prohibitions regarding the use or operation of a leaf blower.

o Penalty Provision: H.R.S. § 342H-9

o Felony disposal of solid waste: H.R.S. § 342H-37

Offense level: class C felony

Knowing disposal of ten cubic yards of more of solid waste anywhere other

than a permitted solid waste management system without the written approval

of the director;

Subsequent conviction for violation H.R.S. § 342H-37 of H.R.S. § 3432H-39;

or

Knowing disposal of solid waste anywhere other than a permitted solid waste

management system without the written approval of the director for which the

expense of recovering, removing, restoring, and lawfully disposing of the

solid waste exceeds $1,500.

Maximum fine $50,000 per separate offense

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342F/

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342G/

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H.R.S.

o Petty misdemeanor disposal of solid waste: H.R.S. § 342H-39

Knowingly dispose of solid waste equal to or greater than one cubic yard in

volume and less than ten cubic yards in volume, anywhere other than a

permitted solid waste management system without the written approval of the

director.

Fine not more than $25,000 per separate offense;

Not more than thirty days imprisonment; or

Revocation or suspension by court order of any contractor's license or any

applicable certificate of authorization from the public utilities commission.

Link to H.R.S. Chapter 342H:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342H/

H.R.S. Ch. 342I – Special Wastes Recycling

Regulates the disposal of lead acid batteries and electrolytes from lead acid batteries.

o Penalty Provision: H.R.S. § 342I-8 relating to lead acid battery disposal and

recycling

Fine not more than $10,000 per separate offense.

Knowing or willful violation constitute misdemeanors.

Regulates the disposal and recycling of motor vehicle tires.

o Penalty Provision: H.R.S. § 342I-34 relating to motor vehicle tire disposal and

recycling

Fine not more than $10,000 per separate offense.

Link to H.R.S. Chapter 342I:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342I/

H.R.S. Ch. 342J – Hazardous Waste

Provides for the management of hazardous waste.

Grants rulemaking authority, permitting authority, and enforcement authority to regulate

hazardous waste.

Requires permitting to operate a hazardous waste management facility.

o Penalty Provision: H.R.S. § 342J-9

Civil Penalties: H.R.S. §§ 342J-9(a)&(b)

Fine not more than $25,000 per separate offense for violation of this

chapter, any rule adopted pursuant to this chapter, or any term or

condition of a permit or variance issued pursuant to this chapter.

Fine not more than $10,000 for denial, obstruction, or hampering the

entrance or inspection by any duly authorized representative of the

director, or fails to provide information requested by the representative

under section 342J-6 or 342J-55

Criminal Penalties: H.R.S. § 342J-9(c)

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342H/

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342I/

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Offense level: misdemeanor

o Fine not more than $25,000 per each day of violation in

addition to any other sentence for violations of rules adopted to

regulate transport, storage, and disposal or recycling of used oil

or used oil fuel or false statement or representation for purpose

of compliance with such rules.

Offense level: class C felonies

o Fine not more than $25,000 per each day of violation in

addition to any other sentence for hazardous waste transport,

storage, treatment, or disposal without permit; or abandonment

of hazardous waste, used oil, or used oil fuel.

Link to H.R.S. Chapter 342J:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342J/

H.R.S. Ch. 342L – Underground Storage Tanks

Provides for the administration and enforcement of provisions and rules adopted to regulate

underground storage tanks.

o Civil Penalty Provision: H.R.S. § 342L-10

Fine not more than $25,000 for each individual tank for each day of each

violation of this chapter, any rule adopted pursuant to this chapter, or any

condition of a permit or variance issued pursuant to this chapter. Each day of

each violation shall constitute a separate offense.

Fine not more than $25,000 in addition for failure to comply with an

order issued under this chapter within the time specified in the order.

Fine not more than $500 per day for denial, obstruction, or hampering the

entrance, inspection, or conduct of release response activities by authorized

representative of DOH or failure to provide information requested under

H.R.S. § 342L-7

Link to H.R.S. Chapter 342L:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342L/

H.R.S. Ch. 342P – Asbestos and Lead

Provides authority and rulemaking ability for enforcing and regulating asbestos and lead

abatement.

o Civil Penalty Provision: H.R.S. § 342P-20

Fine not more than $10,000 per separate offense for violation of this chapter,

any rule adopted by the department under this chapter, or any condition in a

permit or variance issued under this chapter. Each day of violation constitute

a separate offense.

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342J/

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342L/

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Fine not more than $5,000 for denial, obstruction, or hampering the entrance

or inspection by authorized officer or employee of DOH of any building or

place that the officer or employee is authorized to enter and inspect.

o Negligent violations: H.R.S. § 342P-22

o Fine not less than $2,500 nor more than $25,000 per day per violation, or not more

than one year imprisonment, or both for negligently violating this chapter, rules

adopted thereunder, or condition of permit or variance issued.

Subsequent violations not more than $50,000 per day per violation, or not

more than two years imprisonment, or both.

o Criminal Penalty Provision: H.R.S. § 342P-23

o Fine not less than $5,000 nor more than $50,000 per day per violation, or not more

than three years imprisonment, or both for knowingly violating this chapter, rules

adopted thereunder, or condition of permit or variance issued.

Subsequent violations not more than $100,000 per day per violation, or not

more than six years imprisonment, or both.

o Knowing endangerment: H.R.S. § 342P-24

o Fine not more than $250,000, or not more than fifteen years imprisonment, or both

for knowingly violating this chapter, rules adopted thereunder, or condition of permit

or variance issued when knowing at that time that the violation places another person

in imminent danger of death or serious bodily injury.

A person that is an organization shall be fined not more than $1,000,000.

o

o False statements: H.R.S. § 342P-25

o Injunctive and other relief: H.R.S. § 342P-26

o Appeal: H.R.S. § 342P-27

Link to H.R.S. Chapter 342P:

http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342P/

H.R.S. Ch. 508C – Uniform Environmental Covenants Act

Provides requirements of and rights under an environmental covenant.

H.R.S. § 508C-9 provides that the environmental court may terminate an environmental

covenant or reduce its burden on the real property subject to the covenant if:

o the agency that signed the covenant determines that the benefits of the covenant can

no longer be realized; and

o all persons identified in H.R.S. §§ 508C-10(a)&(b) have been given notice

The agency’s determination or its failure to make a determination upon request is subject to

review under Chapter 91 (Hawaii Administrative Procedure Act).



http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342P/


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H.R.S. Chapters Administered by the Office of Environmental Quality Control

H.R.S. Ch. 343 – Environmental Impact Statements

Creates a review process to consider environmental, social, and economic impacts of

proposed projects in the state government permitting process.

Does not contain any proscriptive statutory language

Does provide for judicial review of agency determinations that environmental assessments or

environmental impact statements are or are not warranted.

Also provides for judicial review of agency acceptance of environmental impact statements.




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H.R.S. CHAPTERS ADMINISTERED BY THE

DEPARTMENT OF LAND AND NATURAL RESOURCES

H.R.S. Ch. 6D – Protection of Caves

Prohibitions relating to caves.

o "Cave" means any naturally occurring void, cavity, recess, or system of

interconnected passages large enough for human entry, occurring beneath the surface

of the earth or within a cliff or ledge, including the cave resources therein, whether or

not an entrance exists or is natural or artificial, and that is of archaeological,

geological, biological, or cultural significance. The term includes such forms as a

lava tube, natural pit, sinkhole, underwater cave, or other feature that is an extension

of the entrance. H.R.S. § 6D-1.

o Criminal Penalty Provision: H.R.S. § 6D-12

Offense level: petty misdemeanor

First offense: no less than $1,000

Subsequent offense: no less than $1,500

o Penalties under this chapter are cumulative. H.R.S. § 6D-13.


http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006D/

H.R.S. Ch. 6E – Historic Preservation

Preservation, restoration, and maintenance of state historical and cultural resources.

o Civil Penalty Provision: H.R.S. § 6E-11.5

No less than $500 nor more than $10,000 for each separate violation.

o Criminal Penalty Provisions: offense specific criminal penalty provisions.

H.R.S. § 6E-71 – penalty for taking, appropriation, excavation, injury,

destruction, or alteration of historic property or aviation artifact.


Fine not to exceed $25,000

Each continued day constitutes distinct and separate offense

H.R.S. § 6E-72 – penalty for taking, appropriation, excavation, injury,

destruction, or alteration of a burial site.




H.R.S. § 6E-73 – penalty for failure to stop work upon discovery of a burial

site.




http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006D/

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o “[C]riminal penalties penalties imposed [ . . . ] in addition to, and not in lieu of, any

civil or administrative penalties provided by law.” H.R.S. § 6E-74


http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006E/

H.R.S. Ch. 6K – Kaho‘olawe Island Reserve

Management of the of the Kaho‘olawe Island Reserve for Native Hawaiian cultural, spiritual,

and subsistence purposes and preservation of archeological, historical, and environmental

resources.

o Penalty Provision: criminal penalty only. H.R.S. § 6k-8.


Fine not more than $1,000, or thirty days imprisonment, or both.

Each day of violation deemed a separate offense

Link to H.R.S. Ch. 6K:

http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006K/

H.R.S. Ch. 171 – Public Lands, Management and Disposition of

Confers power for the management and disposition of public lands.

o Criminal Penalty Provision: H.R.S. § 171-31.6


First offense: mandatory no less than $500, or thirty days imprisonment, or

both.

Second offense in five years: mandatory no less than $1,000, or thirty days

imprisonment, or both.

Third or subsequent offense in five years of two prior convictions under

section: mandatory no less than $2,000, or thirty days imprisonment, or both.


http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0171/

H.R.S. Ch. 172 – Land Commission Awards; Surveys

Criminalizes the destruction, defacing, or removal of survey monuments.



Fine not more than $500, or imprisonment up to four months, or both.



http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006E/

http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006K/



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H.R.S. Ch. 173 – Reclamation of Lands

No proscriptive provisions.



H.R.S. Ch. 173A – Acquisition of Resource Value Lands



http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0173A/

H.R.S. Ch. 174 – Water and Land Development




H.R.S. Ch. 174C – State Water Code

Provides for the administration and management of the state water code.

o Penalty provision only provides administrative penalties.


http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0174C/

H.R.S. Ch. 179 – Flood Control and Flood Water Conservation




H.R.S. Ch. 179D – Dams and Reservoirs

Provides for the inspection and regulation of construction, enlargement, repair, alteration,

maintenance, operation, and removal of all dams or reservoirs to protect the health, safety,






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and welfare of the citizens of the State by reducing the risk of failure of the dams or

reservoirs.


Offense level: class C felony

First offense: no less than $2,500, no more than $25,000 per day of violation,

imprisonment, or both

Second or subsequent offense: no less than $5,000, no more than $50,000 per

day of violation, imprisonment, or both



H.R.S. Ch. 180 -- Soil and Water Conservation Districts




H.R.S. Ch. 180C – Soil Erosion and Sediment Control




H.R.S. Ch. 181 – Strip Mining

Prohibits strip mining without permit from the board of land and natural resources.

o Penalty Provision: H.R.S. § 181-9


Not more than $5,000 for every violation



H.R.S. Ch. 182 – Reservation and Disposition of Government Mineral Rights

Protects mineral rights on state lands.

o Penalty Provision: H.R.S. § 182-17


Not more than $500 for each offense




15



H.R.S. Ch. 183 – Forest Reserves, Water Development, Zoning

H.R.S. § 183-17 prohibits the cutting, killing, destroying, girdling, chopping, injuring, or

otherwise damaging, or the removal of any timber, young tree growth, or products of tree

growth on lands in the forest reserves belonging to the State, except as authorized by law or

by permission from the department of land and natural resources.


Penalty for violation of H.R.S. § 183-17


Not more than $2,000, or imprisoned not more than one year, or both.

In addition to other penalties, up to $2,000 fine for each tree illegally

destroyed or harvested.



H.R.S. Ch. 183B – Hawaiian Fishponds


Link to H.R.S. Chapter 183B:

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0183B/

H.R.S. Ch. 183C – Conservation District

Management of lands within the state land use conservation district.

o Provision only provides administrative penalties.



H.R.S. Ch. 183D – Wildlife

Relating to hunting in general, game birds, game mammals, and wild birds and other wildlife.

o Criminal Penalty Provision: H.R.S. § 183D-5 various penalties for specified

violations

H.R.S. §§ 183D-21, 183D-25, 183D-33, or 183D-63


First conviction: fine not less than $100, or not more than thirty days




http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0183B/


16

Second conviction in five years: fine not less than $500 or not more

than thirty days imprisonment, or both, and forfeiture and disposal of

firearms used

Third conviction in five years of first two: fine not less than $1,000 or

not more than thirty days imprisonment, or both, and forfeiture and

disposal of firearms used

H.R.S. §§ 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64


First conviction: fine not less than $200, or not more than one year


Second conviction in five years: fine not less than $500 or not more

than one year imprisonment, or both, and forfeiture and disposal of

firearms used

Third conviction in five years of first two: fine not less than $1,000 or

not more than one year imprisonment, or both, and forfeiture and

disposal of firearms used

H.R.S. §§ 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or

183D-42


Fine not less than $100, not more than thirty days imprisonment, or

both

H.R.S. § 183D-53


First conviction: fine not less than $10,000 and payment of any costs

incurred in the eradication of any deer and the deer's progeny

Second conviction in five years: fine not less than $15,000 and

payment of any costs incurred in the eradication of any deer and the

deer's progeny

Third conviction in five years of first two: fine not less than $25,000

and payment of any costs incurred in the eradication of any deer and

the deer's progeny



H.R.S. Ch. 184 – State Parks and Recreation Areas

Laws relating to the administration of the state park system.


o In addition to other any other penalty


First offense: not less than $100

Second offense: not less than $200

Third or subsequent offense: not less than $500


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Violations relating to parking or traffic movements constitute traffic

infraction.

First offense: not more than $100

Second offense: not more than $200

Third or subsequent offense: not more than $500



H.R.S. Ch. 185 – Land Fire Protection Law

Relating to the prevention, control, and extinguishment of wild land fires within forest

reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves.



Fine not less than $250 nor more than $4,000 and liable for restitution for any

suppression costs and damages to public or private property.



H.R.S. Ch. 186 – Tree Farms




H.R.S. Ch. 187A – Aquatic Resources

Rulemaking authority and provisions relating to the management of the State’s aquatic

resources and environment.

o Criminal Penalty Provision: H.R.S. § 187A-13




Third or subsequent offense: not less than $1,000

Fines shall not be suspended or waived

o Criminal penalty applies to all statutory provisions in this chapter and to

administrative regulations adopted under H.R.S. § 187A-5.







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H.R.S. Ch. 188 – Fishing Rights and Regulations

Relating to rulemaking and regulations for fishing.


Offense level: petty misdemeanor (except violations of H.R.S. §§ 188-23 and

188-39.5)



Third of subsequent offense: not less than $500

Violation of H.R.S. § 188-23 is a class C felony

Sentence pursuant to H.R.S. Ch. 706

Fine not less than $1,000 in addition to any term of imprisonment or

any other terms and conditions of probation



H.R.S. Ch. 188F – West Hawaii Regional Fishery Management Area

Relating to the establishment and management of the West Hawaii Regional Fishery

Management Area.

o No penalty provision in the H.R.S.


http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0188F/

H.R.S. Ch. 189 – Commercial Fishing

Relating to the regulation and licensing of commercial fishing in state waters.

o Criminal Penalty Provision: H.R.S § 189-4


First offense: not less than $250 in addition to any other penalties

Second offense: not less than $500 in addition to any other penalties

Third or subsequent offense: not less than $1,000 in addition to any other

penalties



H.R.S. Ch. 190 – Marine Life Conservation Program

Relating to the establishment and regulation of marine life conservation districts.






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Third or subsequent offense: not less than $1,000 in addition to any other

penalties



H.R.S. Ch. 190D – Ocean and Submerged Lands Leasing

Establishes procedures for the leasing of state marine waters and to guarantee property rights

and protection for any activities approved under these procedures.

o H.R.S. § 190D-35 establishes civil liability

o H.R.S. § 190D-36 establishes criminal liability



H.R.S. Ch. 193 – Conservation: Employment Programs




H.R.S. Ch. 194 – Invasive Species Council




H.R.S. Ch. 195 – Natural Area Reserves System

Provides for establishment and management of the state natural area reserves system.



Not less than $1,000, not more than one year imprisonment, or both

o H.R.S. § 195-8(c) permits state to pursue civil action for administrative fines and

costs for violations of this chapter or rules adopted thereunder.








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H.R.S. Ch. 195D – Conservation of Aquatic Life, Wildlife, and Land Plants

Relating to the perpetuation of indigenous aquatic life, wildlife, and land plants, and their

habitats for human enjoyment, for scientific purposes, and as members of ecosystems.



First offense: not less than $250, not more than one year imprisonment, or

both

Second or subsequent offense: not less than $250, not more than one year


In addition:

$5,000 per specimen of threatened species and $10,000 per specimen

of endangered species intentionally, knowingly, or recklessly killed or

removed from its original growing location.

Criminal action does not preclude State from pursuing civil legal action.

o Search and Seizure Provision: H.R.S. § 195D-8



H.R.S. Ch. 195F – Forest Stewardship

Relating to the establishment of a program to financially assist landowners in managing,

protecting, and restoring important natural resources in Hawaii's forested and formerly

forested lands.



H.R.S. Ch. 196 – Energy Resources




H.R.S. Ch. 196D – Geothermal and Cable System Development








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H.R.S. Ch. 197 – General Provisions Relating to Aquatic Resources and Wildlife

Relating to the Animal Species Advisory Committee, Aquatic Life and Wildlife Advisory

Committees, and prohibiting, generally, the introduction of aquatic invasive species.





H.R.S. Ch. 198 – Conservation Easements

Defining, describing, and providing procedures for conservation easements.



H.R.S. Ch. 198D – Hawaii Statewide Trail and Access System

Relating to the establishment of a statewide trail and access system known as Na Ala Hele.





Third or subsequent offense: not less than $500 in addition to any other

penalties

Criminal action does not preclude the State from pursuing civil legal action



H.R.S. Ch. 199 – Conservation and Resources Enforcement Program

Establishing the conservation and resources enforcement program – Division of Conservation

and Resources Enforcement.

o No proscriptive provisions.







22

H.R.S. Ch. 199D – Civil Natural Resource Violations Act

Establishing the civil natural resource violations system in the department and describing

applicability.



H.R.S. Ch. 200 – Ocean Recreation and Coastal Areas Programs

Provides general provisions for ocean and coastal recreation including state boating facilities

and boating law. Also establishes rulemaking authority for under this chapter.

o Criminal Penalty Provisions: H.R.S. § 200-14 relates to violations of vehicular parking or traffic movement

Offense level: traffic infraction

First violation: not more than $100

Second violation: not more than $200

Third or subsequent violation: not more than $500

H.R.S. § 200-25 relates to violation of boating law and rules adopted

thereunder


Not less than $50 and not more than $1,000 or not more than thirty

days imprisonment or both

H.R.S. § 200-62 applies to trespassing on a vessel of another in state waters


H.R.S. § 200-74 applies to violations laws and rule regulating vessel

identification numbers




H.R.S. Ch. 200D – Kane‘ohe Bay Regional Council

Establishes and provides procedures for the Kaneohe Bay Regional Council.

o No proscriptive provisions.






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