§174C-15 Penalties and common law remedies. (a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both.
(b) Any person who violates any provision of this chapter, or any rule adopted pursuant to this chapter, may be subject to a fine imposed by the commission. Such fine shall not exceed $5,000. For a continuing offense, each day during which the offense is committed is a separate violation.
(c) No provision of this chapter shall bar the right of any injured person to seek other legal or equitable relief against a violator of this chapter.
(d) Except as otherwise provided by law, the commission or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. [L 1987, c 45, pt of §2; am L 2004, c 142, §6]
Case Notes
Discussed: 782 F. Supp. 2d 1114 (2011).
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
174C-5 General powers and duties.
174C-5.5 Water resource management fund.
174C-6 Deputy to the chairperson of the commission on water resource management.
174C-7 Commission on water resource management.
174C-8 Adoption of rules concerning water resources by the commission.
174C-9 Proceedings before the commission concerning water resources.
174C-12 Judicial review of rules and orders of the commission concerning the water code.
174C-12.5 Contested cases; appeals.
174C-14 Acquisition of real property.
174C-15 Penalties and common law remedies.
174C-15.5 Administrative violation system.
174C-26 Filing of declaration.
174C-27 Issuance of certificate.
174C-41 Designation of water management area.
174C-42 Notice; public hearing required.
174C-43 Investigations required.
174C-44 Ground water criteria for designation.
174C-45 Surface water criteria for designation.
174C-46 Findings of fact; decision of commission.
174C-47 Modifying and rescinding designated areas.
174C-49 Conditions for a permit.
174C-51 Application for a permit.
174C-54 Competing applications.
174C-57 Modification of permit terms.
174C-58 Revocation of permits.
174C-62 Declaration of water shortage.
174C-66 Jurisdiction over water quality.
174C-67 Exchange of information.
174C-71 Protection of instream uses.
174C-82 Powers and duties of the commission.
174C-83 Registration of all existing wells.
174C-84 Permits for well construction and pump installation.
174C-85 Well completion report.
174C-86 Well construction and pump installation standards.
174C-92 Registration of existing stream diversion works.