(a) Any person who violates any of the emergency reporting, planning, or notification requirements of § 128E-6 or 128E-7, or fails to pay the fees required by § 128E-9, shall be subject to a civil penalty of not less than $1,000 but not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 128E-11

  • Committee: means the local emergency planning committee within each county responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-to-Know Act of 1986 and [this chapter]. See Hawaii Revised Statutes 128E-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of health. See Hawaii Revised Statutes 128E-1
  • Extremely hazardous substance: means any substance listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 355, as amended, or as defined by rules adopted by the commission. See Hawaii Revised Statutes 128E-1
  • hazardous substance: means any hazardous substance as defined in chapter 128D. See Hawaii Revised Statutes 128E-1
  • Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body. See Hawaii Revised Statutes 128E-1
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance, or pollutant or contaminant into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance, or pollutant or contaminant. See Hawaii Revised Statutes 128E-1
(b) Any person who:

(1) Knowingly fails to report the release of a hazardous substance or extremely hazardous substance, as required by § 128E-7, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $1,000 but not more than $25,000 for each separate offense, or imprisoned for not more than one year, or both. For the purposes of this paragraph, each day of each violation shall constitute a separate offense; or
(2) Intentionally obstructs or impairs, by force, violence, physical interference, or obstacle, a representative of the department, a hazardous materials response team, or a committee attempting to perform the duties and functions set forth in § 128E-5, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $5,000 but not more than $25,000 for each separate offense, or be imprisoned for not more than one year, or both.
(c) All moneys collected under this section shall be deposited in the state treasury and accrue to the credit of the state general fund.

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