Penalties for dumping commercial grease waste illegally

(a) A person shall not intentionally, knowingly, recklessly, or negligently dispose of or unload any commercial FOG waste or commercial cooking oil waste at a place other than a recycling facility in violation of § 43-5A.2 , or otherwise violate this article. “Intentionally,” “knowingly,” “recklessly,” and “negligently” shall have the meanings ascribed to the terms under HRS Chapter 702. (b) A person who violates subsection (a) shall be guilty of a misdemeanor and subject to a fine of not more than $2,000, imprisonment of not more than 30 days, or both, for each violation. (c) In lieu of or in addition to the criminal penalty under subsection (b), a person who violates subsection (a) shall be subject to a civil fine of at least $500 for each violation. In setting the fine amount, the director shall consider the seriousness of the violation, cost incurred by the city to remedy the negative impacts of the violation, any history of similar violations by the person, any good faith effort to comply with the applicable requirement, and such other factors determined necessary by the director. To enforce an order by the director imposing a civil fine, the corporation counsel, on behalf of the director, may institute a civil action in a court of competent jurisdiction. This provision shall be deemed the council consent and approval required by § 2-3.2 (b) for bringing the action against a private person. (d) The penalties under this section are additional to any other penalty that may be imposed on a person for a violation of this chapter. For the purposes of Article 5, a violation of this article is a violation of this chapter and a violation of Articles 1 through 10 of this chapter.