Penalties for Violating Pretreatment Rules

(a) Administrative and civil penalties. Any person violating this chapter, any order, or permit issued under this section, or any other pretreatment standard or requirement, shall be liable for an administrative or civil penalty of not less than $1,000 per violation per day, except that in cases where such offense shall continue after written notice from the director of such violation, each day’s continuance of the same shall constitute a separate offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. In determining the amount of the fine, the director 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 the director determines in the exercise of the director’s discretion, are relevant to the amount of the fine. In addition to the penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporters’ fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits under this section. (b) Criminal penalties. Any person: (1) Who intentionally, knowingly, recklessly, or negligently violates Articles 1 through 5 or 6 through 10 , any order or permit issued under one of those articles, or any other pretreatment requirement shall, upon conviction, be punished by a fine of not less than $1,000 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 director, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method required under this section or by other law, shall be punished by a fine of not more than $2,000 or by imprisonment for not more than six months, or both. Unless otherwise provided, this subsection shall be controlled by the Hawaii Penal Code, Hawaii Revised Statutes.