§342H-37 Felony disposal of solid waste. (a) A person commits the offense of felony disposal of solid waste if the person:
(1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;
(2) After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the written approval of the director; or
(3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.
(b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.
(c) Felony disposal of solid waste is a class C felony for which a maximum fine of $50,000 for each separate offense may be imposed. [L 2004, c 143, pt of §1; am L 2005, c 105, §3]
Structure Hawaii Revised Statutes
342H-2.5 Department of health; delegation of enforcement powers.
342H-3 Duties; rules; appointment of hearings officers.
342H-4 Permits; procedures for.
342H-6 Inspection of premises.
342H-8 Emergency powers; procedures.
342H-10 Administrative penalties.
342H-11 Injunctive and other relief.
342H-14 Public records; confidential information; penalties.
342H-15 Nonliability of department personnel.
342H-16 Other action not barred.
342H-17 Enforcement by state and county authorities.
342H-18 Other powers of department not affected.
342H-19 Effect of laws, ordinances, and rules.
342H-21 Unauthorized removal of recyclable materials.
342H-33 Appointment of masters.
342H-34 Consultation and advice.
342H-35 Research, educational, and training programs.
342H-36 Recycling for agricultural purposes; encouraged.
342H-37 Felony disposal of solid waste.
342H-38 Felony disposal of solid waste; deferred prosecution agreement.
342H-39 Petty misdemeanor disposal of solid waste.
342H-52 Prohibitions; buffer zones.