Criminal penalties
HRS §342B-49
in effect342B-49. Criminal penalties
(a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment not to exceed five years, or both.
(b) Any person who knowingly makes any false
statement, representation, or certification in any form, in any notice or
report required by a permit, or who knowingly renders inaccurate any monitoring
device or method required by the department to be maintained by the person
pursuant to this chapter, or who fails to report as required by this chapter,
shall be punished by a fine of not more than $25,000 for each day of each
violation or by imprisonment for not more than two years, or both.
(c) Any person who negligently releases into
the ambient air any hazardous air pollutant or extremely hazardous substance
and who at the time negligently places another person in imminent danger of
death or serious bodily injury shall be punished by a fine of not more than
$25,000 for each day of each violation, or imprisonment for not more than one
year, or both. If a conviction of any person under this subsection is for a
violation committed after a first conviction of the person under this subsection,
the maximum punishment shall be doubled with respect to both the fine and
imprisonment.
(d) Any person who knowingly releases into the
ambient air any hazardous air pollutant or extremely hazardous substance and
who knows at the time that another person is thereby placed in imminent danger
of death or serious bodily injury shall be punished by a fine of not more than
$25,000 for each day of each violation, or imprisonment for not more than
fifteen years, or both. Any organization which violates this subsection shall
be subject to a fine of not more than $1,000,000. If a conviction of any person
under this subsection is for a violation committed after a first conviction of
the person under this subsection, the maximum punishment shall be doubled with
respect to both the fine and imprisonment.
[L 1992, c 240, pt of §1; am L 1993,
c 208, §9]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342B/HRS_0342B-0049.htmFetched: 11/10/2026