HRS §339D-7 Regulatory authority
339D-7. Regulatory authority
The department may adopt rules, pursuant to chapter 91, necessary to implement this chapter. [L Sp 2008, c 13, pt of §2]
General Provisions
HRS div. 1, tit. 19, ch. 339D, pt. III
in effectHRS §339D-7.5 Manufacturer and agent responsibilities; regulatory compliance
339D-7.5. Manufacturer and agent responsibilities; regulatory compliance
Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling electronic devices, and adopt environmentally sound recycling practices for the electronic devices.
[L 2009, c 183, §7; am L 2022, c 151, §4]
HRS §339D-8 Enforcement
339D-8. Enforcement
(a) The department may conduct audits and inspections to determine compliance under this chapter. Except as provided in subsection (c), the department and the attorney general shall be empowered to enforce this chapter and take necessary action against any manufacturer or retailer for failure to comply with this chapter or rules adopted thereunder.
(b) The attorney general may file suit in the
name of the State to enjoin an activity related to the sale of electronic
devices in violation of this chapter.
(c) The department shall issue a warning
notice to a person for the person's first violation of this chapter. The
person shall comply with this chapter within sixty days of the date the warning
notice was issued or be subject to the penalties provided by law or rule,
including but not limited to penalties set forth in subsections (d) through
(g). A retailer that receives a warning notice from the department for a
violation of section 339D-24(a) shall submit proof to the department, within
sixty days from the date the warning notice was issued, that its inventory of
electronic devices offered for sale is in compliance with this chapter.
(d) Any retailer who sells or offers for sale
an unlabeled electronic device in violation of section 339D-24, or any
manufacturer that fails to comply with any provision of section 339D-23 may be
assessed a penalty of up to $10,000 for the first violation and up to $25,000
for the second and each subsequent violation, in addition to any additional
penalties required or imposed pursuant to this chapter.
(e) Except as provided in subsection (d), any
person who violates any requirement of this chapter may be assessed a penalty
of up to $1,000 for the first violation and up to $2,000 for the second and
each subsequent violation, in addition to any additional penalties required or
imposed pursuant to this chapter.
(f) The department shall determine additional
penalties based on adverse impact to the environment, unfair competitive
advantage, and other considerations that the department deems appropriate.
(g) If a manufacturer fails to meet its
recycling goals pursuant to section 339D-23.1(c), the department shall impose a
penalty of $1.50 per pound for each pound not recycled. [L Sp 2008, c 13,
pt of §2; am L 2009, c 183, §12; am L 2022, c 151, §5]
HRS §339D-9 Administrative penalties; fees
339D-9. Administrative penalties; fees
(a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or to bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.
(b) Notwithstanding subsection (a), the
department shall not have the authority to assess any fees, including an
advanced recycling fee, registration fee, or other fee, on consumers,
manufacturers, or retailers for recovery of electronic devices except those
noted in section 339D-22. [L Sp 2008, c 13, pt of §2;
am L 2009, c 183, §13; am L 2011, c 43, §8; am L 2022, c 151, §6]
HRS §339D-11 Financial and proprietary information; report
339D-11. Financial and proprietary information; report
(a) Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter is confidential and is exempt from public disclosure to the extent permitted by chapter 92F.
(b) The department shall compile the
information submitted by manufacturers and issue a report to the legislature no
later than April 1, 2012, and annually each year thereafter. [L Sp 2008, c 13,
pt of §2; am L 2009, c 183, §14; am L 2022, c 151, §7]
HRS §339D-12 Federal preemption
339D-12. Federal preemption
Part IV of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of electronic devices that substantially meets the intent of part IV of this chapter. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §15; am L 2022, c 151, §8]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0339D/HRS_0339D-.htmFetched: 11/10/2026