Section 11-56-16 - Field citations; noncompliance with nonpoint source pollution control requirementsThis section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342E, HRS, and this chapter.
(1) Offer to settle; penalties. (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 causes or allows a discharge of pollutants into State waters from a nonpoint source;(ii) Any person required to register under section 11-56-5, who fails to register as required;(iii) Any person who fails to correctly install, implement, maintain, or repair management measures as called for in their Water Pollution Prevention Plan, including implementation of the associated monitoring plan; and(iv) Any person who fails to retain a copy of the Water Pollution Prevention Plan and associated monitoring plan on-site or at a nearby office.(B) A field citation shall assess the following penalties for violations: (i) Any person who violates paragraph (1)(A)(i) shall be fined $500 for first violation and $1,000 for a subsequent violation;(ii) Any person who violates paragraph (1)(A)(ii) shall be fined $500 for first violation and $1,000 for a subsequent violation;(iii) Any person who violates paragraph (1)(A)(iii) shall be fined $500 for first violation and $1,000 for a subsequent violation; and(iv) Any person who violates paragraph (1)(A)(iv) shall be fined $100 for first violation and $200 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 assessed by 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 department 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 as otherwise specified on the field citation, of any violation of this chapter;(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, HRS, or otherwise challenge the field citation;(ii) Pay the penalty assessed; and(iii) Correct the violation.(3) 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 or any other law. For all other violations the director retains authority to seek any available remedies.(4) Form of citation. The department shall prescribe a field citation form.[Eff 6/25/2021] (Auth: HRS §§ 321-11, 342D-1, 342D-4, 342D-5, 342E-2, 342E-3, 342E-4) (Imp: HRS §§ 342E-2, 342E-3, 342E-4)