Violations and penalties

(a) Administrative and civil penalties. Any person violating this article, any order, permit, or license issued under this section, or any other standard or requirement shall be liable for an administrative or civil penalty of not less than $1,000 nor more than $25,000 per violation per day, except that in cases where such offense shall continue after due notice, each day’s continuance of the same shall constitute a separate offense. In determining the amount of the fine, the chief engineer shall consider the seriousness of the violation or violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations that have a bearing on the amount of the fine. In addition to the penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporter’s fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations, permits, and licenses under this section. (b) Criminal penalties. Any person: (1) Who wilfully, intentionally, recklessly, or negligently violates this article, order, permit, or license issued under this section, or any other requirement, shall upon conviction, be punished by a fine not less than $1,000 nor more than $25,000 or by imprisonment not exceeding 90 days, or both, except that in cases where such offense shall continue after due notice, each day’s continuance of the same shall constitute a separate offense; or (2) Who knowingly makes any false statement or misrepresentation in any record, report plan, or other document filed with the chief engineer, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method required under this article or by other law, shall be punished by a fine of not more than $25,000 or by imprisonment for not more than six months, or both. Unless otherwise provided, this section shall be controlled by HRS, Hawaii Penal Code.