HRS §342D-31
How the state decides and applies fines for violations
This section lets the director of the state agency impose fines for breaking environmental rules. The director must consider several factors, like how serious the violation was and whether the violator tried to fix it. The violator is assumed able to pay the fine unless they prove otherwise.
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The statute, as written — Administrative penalties
(a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342D-30. (b) Factors to be considered in imposing an administrative penalty include: (1) The nature, circumstances, extent, gravity, and history of the violation and of any prior violations; (2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation; (3) The opportunity, difficulty, and history of corrective action; (4) Good faith efforts to comply; (5) Degree of culpability; and (6) Such other matters as justice may require. (c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator.
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