HRS §342J-10
How the state decides and applies fines for violations
This section lets the director add fines for breaking environmental rules, on top of other penalties. When setting a fine, the director looks at the violation's history, any profit from it, how hard it was to fix, and good-faith efforts. The violator is assumed able to pay unless they prove otherwise.
businesseslandowners
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 342J-9(a) and (b). (b) Factors to be considered in imposing an administrative penalty include: (1) The nature and history of the violation and of any prior violations; (2) The economic benefit, if any, resulting from the violation; (3) The opportunity, difficulty, and history of corrective action; (4) Good faith efforts to comply; and (5) Any other matters that 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 shall be on the violator.
Sections this one refers to
§342J-9 Fines and criminal charges for breaking hazardous waste rules
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