§342B-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]
Structure Hawaii Revised Statutes
342B-3 General functions, duties, and powers of the director.
342B-4 Other powers of department and director not affected.
342B-5 Effect of laws, ordinances, and rules.
342B-12 Specific powers of the director.
342B-15 Complaints; hearings; appointment of masters.
342B-16 Research, educational, and training programs.
342B-18 Annual reports to neighboring communities.
342B-19 Unpermitted releases; timely notice.
342B-21 Specific functions, duties, and powers of the director.
342B-22 Permit and permit renewal; requirements.
342B-23 Application for permit.
342B-24 Action on a permit application.
342B-26 General and temporary permits; single permit.
342B-28 Recordkeeping and monitoring requirements.
342B-31 Government records; confidential information.
342B-32 Clean air special fund.
342B-33 Minimum permit conditions.
342B-36 Use of coal for electricity generation.
342B-41 Inspection of premises.
342B-43 Emergency powers; procedures.
342B-44 Injunctive and other relief.
342B-48 Administrative penalties.
342B-50 Disposition of collected fines and penalties.
342B-51 Enforcement by state and county authorities.
342B-52 Nonliability of department personnel.
342B-53 Other action not barred.
342B-55 Consent orders; settlement agreements.
342B-61 Small business assistance program.
342B-63 Small business ombudsman for air pollution control; qualifications; duties.
342B-71 Statewide greenhouse gas emissions limit, adoption.