Section 11-55-40 - Field citations; non-compliance with NPDES requirements This section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS.
(1) Offer to settle. (A) A field citation is an offer to settle an administrative case against a specific violation on a specific day. Instead of issuing a formal notice and finding of violation and order, the director may, in the director's sole discretion, through any authorized employee, issue a field citation by personal service or certified mail to: (i) Any person who discharges or causes or allows a discharge of pollutants into State waters or municipal separate storm sewer systems without coverage under an NPDES permit, or in excess of limitations established by an NPDES permit;(ii) Any person who begins an activity prior to obtaining the required individual NPDES permit, coverage under a general permit, and/or authorization from the director;(iii) Any person who fails to correctly install, implement, maintain, or repair site best management practices as called for in their storm water pollution control plan or best management practices plan or other plan;(iv) Any person who fails to monitor as required by the applicable NPDES permit, in whole or in part;(v) Any person who fails to retain on-site or at a nearby office or field office: a) a copy of the NPDES permit application or notice of intent or "no exposure" certification,b) storm water pollution control plan, best management practices plan or all other plans required in the NPDES permit and NGPC and all subsequent revisions,c) individual NPDES permit, notice of general permit coverage, or conditional "no exposure" exclusion, or d) discharge monitoring reports; (vi) Any person who fails to submit documents, reports, and/or submittals as required by the applicable NPDES permit, in whole or in part, including but not limited to discharge monitoring reports, monthly compliance information, pollution prevention plans, notification to the director, and/or notices of cessation.(B) A field citation shall indicate the following amounts:(i) $500 for any person who violates paragraphs (1)(A)(i), (ii), (iii), or (iv) for the first violation, and $2,000 for a subsequent violation; (ii) $100 for any person who violates paragraph (l)(A)(v) for the first violation, and $200 for a subsequent violation;(iii) $500 for any person who violates paragraph (1)(A)(vi) for the first violation, and $1,000 for a subsequent violation.(2) Resolution of field citation. (A) A person issued a field citation may accept the citation by: (i) Signing the field citation;(ii) Paying the full amount indicated on the field citation. Payment shall be made payable to the 'State of Hawaii" in the form of a pre-printed check, cashier's check, money order, or as otherwise specified by the director;(iii) Mailing or delivering the signed citation and full payment to the clean water branch in Honolulu or to the district health office for the county where the violation occurred. The department must receive the signed field citation and full payment within twenty days after the person receives the field citation; and(iv) Correction within seven days, or unless otherwise specified on the field citation, of any violation of section 11-55-03;(B) By signing the field citation, the person to whom it was issued agrees to: (i) Give up the right to a contested case hearing under chapter 91 or 342D, HRS, or otherwise challenge the field citation;(ii) Pay the amount indicated; and(iii) Correct the violation;(C) If the field citation is not accepted in compliance with paragraph (2)(A), the director may seek for that cited violation any remedies available under this chapter; chapter 342D, HRS; or any other law. For all other violations the director retains authority to seek any available remedies.(3) Form of citation. The department shall prescribe a field citation form. [Eff and comp 10/22/07; comp 6/15/09; comp 10/21/12;. am and comp 12/6/13; am and comp 11/15/2014 ] (Auth: HRS §§ 321-11, 342D-1, 342D-4, 342D-5) (Imp: HRS §§ 321-11, 342D-2, 342D-4, 342D-5, 342D-9, 342D-18, 342D-30, 342D-31, 342D-50, 603-23)