HRS §342L-11
How the state decides and applies fines for violations
This section lets the state's director add fines on top of other penalties for breaking environmental rules. When deciding the fine amount, the director looks at the violation's history, any money gained, efforts to fix it, and good faith. The violator is assumed able to pay unless they prove otherwise.
businessescontractorslandowners
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 may impose by order the penalties specified in section 342L-10. (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 shall be 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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.