RELATING TO STATE WATER CODE PENALTIES.

HB315

HOUSE OF REPRESENTATIVES

H.B. NO.

315

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to state water code penalties
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The
legislature finds that in 1987, the state water code was adopted to protect the
precious water resources of the State.
�

To better enable the department of land and natural resources and
commission on water resource management to carry out that mission, the
legislature further finds that the water code's penalties and fines must be
amended and increased to serve as an effective deterrence to violators.

�����������
The purpose of this Act is to
ensure that all violators of the state water code are held accountable for
their violations by creating a minimum penalty of $50 for every violation.

����
SECTION
2
.
�
Section 174C-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�174C-15
�
Penalties and common
law remedies.
�

(a)
�
The commission may enforce
its rules and orders adopted pursuant to this chapter by suit for injunction or
for damages or both.

����
(b)
�
Any person who violates any provision of this
chapter, [
or
]
violates
any rule adopted pursuant to this chapter,
[
may
]
violates any order of the commission, fails to obtain a permit
when a permit is required under this chapter, or fails to comply with permit
conditions, shall
be subject to a fine imposed by the commission.
�
[
Such
]
The
fine
shall be not
less than $50 and
shall not exceed $5,000[
.
�
For a continuing offense, each day during
which the offense is committed is a separate violation.
]
per
violation.
�
Each day that a violation
exists or continues to exist shall constitute a separate offense.
�
Penalties for continuing violations shall be
assessed from the earliest known date of the violation.
�
The earliest known date of a violation shall
be determined by the commission by a preponderance of the evidence; provided
that if the earliest known date cannot be determined by a preponderance of the
evidence, penalties for continuing violations shall be assessed from the
earliest date the commission is made aware of the violation.

����
(c)
�
The commission shall determine the penalty
amount for each violation upon review of the circumstances of the violation,
taking into account the nature, extent, and gravity of the violation and
considering the history of the violations, degree of culpability, and other
matters as justice may require.

����
[
(c)
]
(d)
�
No provision of this chapter shall bar the
right of any injured person to seek other legal or equitable relief against a
violator of this chapter.

����
[
(d)
]
(e)
�
Except as otherwise provided by law, the
commission or its authorized representative by proper delegation [
may
]
shall

set, charge, and collect administrative fines
;
[
or
]
may

bring legal action to recover administrative fees and costs as documented by
receipts or affidavit, including attorneys' fees and costs; [
or
]
and
may
bring legal action to recover administrative fines, fees, and costs,
including attorneys' fees and costs, or payment for damages resulting from a
violation of this chapter or any rule adopted pursuant to this chapter."

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SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

CWRM; State
Water Code; Penalties

Description:

Adds a
minimum penalty of $50 per violation of the State Water Code and makes each day
that a violation exists or continues a separate offense.
�
Requires the Commission on Water Resource
Management to determine the amount of the penalty based on the circumstances of
the violation.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.