Report Title:

Solid Waste Disposal; Penalties

Description:

Amends penalties for improper disposal of solid waste.

HOUSE OF REPRESENTATIVES

H.B. NO.

1697

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to solid waste.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 342H-30, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount greater than one or less than [ten] five cubic yards in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance.

(d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be subject to one or more of the following penalties:

(1) Criminal penalties of not more than $25,000 for each separate offense;

(2) Not more than thirty days imprisonment for each offense; or

(3) Revocation or suspension by court order of any contractor’s license to operate as a contractor or any applicable certificate of authorization from the public utilities commission.

Each day of a violation shall constitute a separate offense. A first-time offender shall receive only an administrative penalty. For subsequent offenses, the offender shall receive either an administrative or criminal penalty, but not both."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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