Enforcement and fines for polystyrene food containers

The Director will have primary responsibility for enforcement of this Article through the issuance of violation notices and requests to correct or cease the violation. The Director is authorized to promulgate rules and to take any other actions reasonably necessary to enforce this Article. Each day on which any food provider sells or transfers polystyrene food service containers shall constitute a separate violation of this Article.Food providers shall be subject to an administrative fine for each separate violation as follows:A fine of two hundred fifty dollars ($250) for a first violation;A fine of five hundred dollars ($500) for a second violation; andA fine not exceeding one thousand dollars ($1,000) for a third and any subsequent violation.Food providers who violate this Article in connection with commercial or non-commercial special events shall be assessed fines for each special event as follows:A fine of fifty dollars ($50) for a first violation;A fine of one hundred dollars ($100) for a second violation; andFor a third and any subsequent violation:A fine not to exceed one hundred dollars ($100) for an event of one to 200 persons;A fine not to exceed two hundred dollars ($200) for an event of 201 to 400 persons;A fine not to exceed four hundred dollars ($400) for an event of 401 to 600 persons; andA fine not to exceed six hundred dollars ($600) for an event of more than 600 persons.The Director must afford the Food Provider the opportunity for a hearing under Hawai'i Revised Statutes Chapter 91.Fines collected pursuant to this Article shall be deposited into the solid waste management fund.