RELATING TO POLLUTION.

SB2262

THE SENATE

S.B. NO.

2262

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Pollution
.

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

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SECTION 1.
�
Chapter 342H,
Hawaii Revised Statutes, is amended by adding a new section to part I to be
appropriately designated and to read as follows:

����
"
�342H-
��
��
Violation
reporting procedures.
�
(a)
�

The department shall establish and administer a centralized reporting
system for use by the public to report violations of this chapter, including a
statewide online portal and telephone hotline.
�

The department shall receive, track, and assign to the appropriate
county authorities all reports from the public.

����
(b)
�
The department shall establish standardized
response timelines, which each county shall adopt, to ensure a prompt response
to reports from the public of violations.

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(c)
�
The department shall publish a quarterly
public report summarizing:

����
(1)
�
The
number of reports received during the quarter;

����
(2)
�
Investigation
outcomes;

����
(3)
�
The
number of fines issued; and

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(4)
�
Cleanup
activities undertaken to address reported violations.
"

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SECTION
2
.
�
Section 342H-9, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

Any person who violates this chapter, any rule adopted pursuant to this
chapter, or any condition of a permit or variance issued pursuant to this
chapter shall be fined
:

����
(1)
�
For
a first offense, not less than $5,000 but
not more than $10,000 [
for
each separate offense.
];

����
(2)
�
For
a second offense, not less than $10,000 but not more than $20,000; and

����
(3)
�
For
a third or subsequent offense, not less than $25,000, and any vehicle owned and
operated by the person in the commission of the offense shall be subject to
forfeiture pursuant to chapter 712A.

Each day of
each violation shall constitute a separate offense.
�
In addition to the foregoing, any person
who violates this chapter, any rule adopted pursuant to this chapter, or any
condition of a permit or variance issued pursuant to this chapter shall be
liable for the full cost of pollution removal and shall be ordered to complete
community service related to pollution cleanup totaling not less than forty
hours but not more than eighty hours.
�

Any action taken in environmental court to impose or collect the penalty
provided for in this subsection shall be considered a civil action."

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SECTION
3
.
�
Section 342H-17, Hawaii Revised Statutes, is
amended to read as follows:

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"
[
[
]�342H-17[
]
]
�

Enforcement by state and county authorities
; collaboration
.
�
(a)
�

All state and county health authorities and police officers shall
enforce this chapter and the rules, orders, and permits of the department.

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(b)
�

There is established a state-county illegal dumping task force.
�
The task force shall meet at least once quarterly
to coordinate enforcement among state and county health authorities and applicable
law enforcement personnel.
�
Members of
the task force shall include:

����
(1)
�
The
chief of the department's solid and hazardous waste branch, or the chief's
designee, who shall serve as chair;

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(2)
�
The
director of law enforcement, or the director's designee;

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(3)
�
The
administrator of each county's solid waste division, or their designees; and

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(4)
�
The
chief of each county police department, or their designees.

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(c)
�

The department shall establish and administer a statewide
information-sharing protocol, including:

����
(1)
�
A
centralized solid waste pollution incident database; and

����
(2)
�
Uniform
data standards, including incident location, type of waste, responsible party,
and other applicable data related to enforcement.

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(d)
�

The department shall coordinate annual joint enforcement operations between
the state and counties, no less than twice per year within each county,
targeting known hotspots for solid waste pollution.

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(e)
�

The department shall prepare and publish an annual public report
summarizing enforcement actions, penalties issued, and cleanup costs.
"

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SECTION
4
.
�
Section 342H-37, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

A person commits the offense of felony disposal of solid waste if the
person:

����
(1)
�
Knowingly
discards, disposes of, deposits, discharges, or dumps solid waste, or by
contract or otherwise arranges directly or indirectly for the disposal of solid
waste in an amount equal to or greater than ten cubic yards in volume anywhere
other than a permitted solid waste management system without the written
approval of the director;

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(2)
�
After
having been sentenced under this section or section 342H-39 on two separate and
prior occasions, knowingly discards, disposes of, deposits, discharges, or
dumps solid waste, or by contract or otherwise arranges directly or indirectly
for the disposal of solid waste in an amount equal to or greater than one cubic
yard in volume anywhere other than a permitted solid waste management system
without the written approval of the director; [
or
]

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(3)
�
Knowingly
discards, disposes of, deposits, discharges, or dumps solid waste, or by
contract or otherwise arranges directly or indirectly for the disposal of solid
waste anywhere other than a permitted solid waste management system without the
written approval of the director for which the expense of recovering, removing,
restoring, and lawfully disposing of the solid waste exceeds $1,500[
.
]
;
or

����
(4)
�
Knowingly
discards, disposes of, deposits, discharges, or dumps solid waste, or by
contract or otherwise arranges directly or indirectly for the disposal of solid
waste in any amount within an environmentally sensitive area, as defined by the
department pursuant to chapter 91, including streams, watersheds, and state
parks.
"

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SECTION
5
.
�
Section 342H-39, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"(b)
�

Petty misdemeanor disposal of solid waste is punishable by[
:
]
a
restitution payment for reimbursement of the full cost of cleanup, community
service for pollution cleanup totaling not less than forty hours but not more
than eighty hours, and:

����
(1)
�
A
fine of [
no
]
:

���������
(A)
�
Not less than $5,000 but
not more than
$10,000 for a
first offense;

���������
(B)
�
Not less than $10,000 but not more than $20,000 for a second
offense; and

���������
(C)
�
Not less than
$25,000 for [
each separate offense;
]
a
third or subsequent offense;

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(2)
�
Imprisonment
of no more than thirty days for each separate offense; or

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(3)
�
Revocation
or suspension by court order of any contractor's license or any applicable
certificate of authorization from the public utilities commission.

Each day of
violation shall constitute a separate offense.
�

In addition to the foregoing, any vehicle owned and operated by the
person in the commission of the offense shall be subject to forfeiture pursuant
to chapter 712A."

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SECTION 6.
�

Section 342J-2, Hawaii Revised Statutes, is amended as follows:

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1.
�

By adding a new definition to be appropriately inserted and to read:

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"
"Carcass" means the
remains of any dead animal, partially decomposed animal, or fully decomposed
animal, including livestock, pets, feral animals, or wildlife.
"

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2.
�
By
amending the definition of "hazardous waste" to read:

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""Hazardous waste" means a
solid waste, or combination of solid wastes,
including a carcass,
which
because of its quantity, concentration, or physical, chemical, or infectious characteristics
may:

����
(1)
�
Cause
or significantly contribute to an increase in mortality or an increase in a
serious irreversible or incapacitating reversible illness; or

����
(2)
�
Pose
a substantial existing or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed."

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SECTION
7
.
�
Section 342J-9, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�342J-9
�
Penalties.
�
(a)
�

Any person who violates this chapter, any rule adopted pursuant to this
chapter, or any term or condition of a permit or variance issued pursuant to
this chapter shall be fined not
less than $50,000 but not
more than [
$25,000
]

$75,000
for each separate offense.
�

Each day of each violation shall constitute a separate offense.
�
Any action taken in environmental court to
impose or collect the penalty provided for in this subsection shall be
considered a civil action.

����
(b)
�

Any person who denies, obstructs, or hampers the entrance or inspection
by any duly authorized representative of the director, or fails to provide
information requested by the representative under section 342J-6 or 342J-55
shall be fined not more than $10,000 for each separate offense.
�
Each day of each violation shall constitute a
separate offense.
�
Any action taken in
environmental court to impose or collect the penalty provided for in this
subsection shall be considered a civil action.

����
(c)
�

Any person who knowingly:

����
(1)
�
Transports
any hazardous waste to a storage, treatment, or disposal facility that does not
have a permit pursuant to section 342J-5 to treat, store, or dispose of that
particular hazardous waste;

����
(2)
�
Treats,
stores, or disposes of hazardous waste without first having a permit pursuant
to section 342J-5, or who violates any term or condition of a permit or
variance issued pursuant to this chapter;

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(3)
�
Transports,
treats, stores, disposes of, recycles, causes to be transported, or otherwise
handles any used oil or used oil fuel in violation of any rules adopted
pursuant to this chapter relating to used oil or used oil fuel;

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(4)
�
Makes
a false statement or representation in any application, label, manifest,
record, report, permit, or other document filed, maintained, or used, for
purposes of compliance with this chapter, including compliance with any rules
adopted pursuant to this chapter relating to used oil or used oil fuel; or

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(5)
�
Abandons
or causes to be abandoned any hazardous waste, used oil, or used oil fuel;

shall be
subject to criminal penalties.
�

Violations of paragraphs (3) and (4) are misdemeanor offenses.
�
In addition to any other sentence, a person
who violates paragraph (3) or (4) may be ordered to pay a fine not
less than
$50,000 but not
to exceed [
$25,000
]
$75,000
for each day of
each violation.

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Violations of paragraphs (1)[
,
]
and

(2)[
, and (5)
] are class C felonies.
�

Violations of paragraph (5) are class B felonies.
�
In addition to any other sentence, a person
who violates paragraph (1), (2), or (5) may be ordered to pay a fine not
less
than $50,000 but not
to exceed [
$25,000
]
$75,000
for each day
of each violation.

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For purposes of this subsection,
"abandon" means the act of deserting or leaving behind a hazardous
waste, used oil, or used oil fuel.

����
(d)
�

Any fines issued under this section may be scaled according to the
volume and type of hazardous waste, as determined by rules adopted by the
department pursuant to chapter 91.
"

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SECTION 8.
�

If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 9.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 10.
�

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

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SECTION 11.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOH;
Counties; Department of Law Enforcement; Police Departments; Solid Waste
Pollution; Hazardous Waste; Illegal Dumping; Penalties; Task Force; Reporting
Procedures; Enforcement

Description:

Requires
the Department of Health to establish and administer a centralized reporting
system for the public to report solid waste pollution violations.
�
Increases penalties for solid waste pollution
violations.
�
Establishes a state-county
illegal dumping task force and reporting requirements.
�
Increases penalties for felony and petty
misdemeanor disposal of solid waste.
�

Defines "carcass" for purposes of hazardous waste.
�
Increases penalties for unlawful hazardous
waste disposal.

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