Civil penalties
HRS §128D-8
in effect128D-8. Civil penalties
(a) Any person who is liable for a release, or threat of a release, of hazardous substances, and who fails, without sufficient cause, to properly provide removal or remedial action pursuant to an administrative order issued by the director, may be liable to the department for punitive damages up to three times the amount of any costs incurred by the fund pursuant to this chapter as a result of the failure to perform the actions specified in the order. The director is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 128D-5.
(b) In addition to liability for costs
incurred by the State for the investigation, assessment, containment, and
removal of a release or a threat of a release of hazardous substances, any
person who wilfully, knowingly, or recklessly violates or fails or refuses to
comply with any provision of this chapter, or any order issued, or rule adopted
under this chapter, shall be subject to a civil penalty not to exceed $50,000
for each separate violation. Each day a violation continues shall constitute a
separate violation. The director is authorized to commence a civil action in
the appropriate circuit environmental court to recover such penalties.
(c) Any rule issued pursuant to this chapter
shall be adopted in accordance with chapter 91.
(d) Civil penalties collected under this
chapter shall be paid to the department for deposit into the revolving fund and
may be recovered in a civil action in [an] environmental court of competent
jurisdiction where the violation is alleged to have occurred.
(e) In determining the amount of any civil
penalty assessed pursuant to this section, the environmental court shall take
into account the nature, circumstances, extent, and gravity of the violation or
violations and, with respect to the violator, ability to pay, any prior history
of such violations, the degree of culpability, economic benefit of savings, if
any, resulting from the violation, and such other matters as justice may
require. The director may compromise and settle any claim for a penalty pursuant
to this chapter.
[L 1990, c 298, pt of §17; am L 1991, c 280, §§9, 10; am L
2014, c 218, §8]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0128D/HRS_0128D-0008.htmFetched: 11/10/2026