Section 11-60.1-192 - Offer to settle; penalties(a) A field citation is an offer to settle an administrative case. In lieu of issuing a formal notice and finding of violation and order, the director may, at the director's sole discretion, through any authorized employee, issue a field citation by personal service or certified mail to a person who: (1) Causes or permits visible fugitive dust to become airborne without taking reasonable precautions, in violation of subsection 11-60.1-33(a);(2) Causes or permits the discharge of visible fugitive dust beyond the property lot line on which the fugitive dust originates, in violation of subsection 11-60.1-33(b);(3) Cause or permit visible fugitive dust emissions equal to or in excess of twenty percent opacity for more than twenty-four individual readings recorded during any one hour period, as determined by using EPA 40 CFR 51 Appendix M, Method 203B, in violation of subsection 11-60.1-33(c);(4) Causes or allows open burning in violation of subsection 11-60.1-52(a);(5) Fails to comply with the notification requirement for fires found in subsection 11-60.1-52(c);(6) Fails to comply with any approved condition or requirement for fires described in subsection 11-60.1-52(d);(7) Fails to comply with any approved condition or requirement for fires described in subsection 11-60.1-52(e) and allowed under subsections 11-60.1-52(f) and 11-60.1-55; (8) Fails to comply with any condition found in a permittee's agricultural burning permit, in violation of the specific condition found in the permittee's applicable agricultural burning permit;(9) Fails to comply with any condition or requirement found in a permittee' s noncovered source permit, in violation of the specific condition or requirement found in the permittee's applicable noncovered source permit;(10) Fails to comply with any condition or requirement found in a permittee's covered source permit, in violation of the specific condition or requirement found in the permittee's applicable covered source permit;(11) Fails to obtain a noncovered source permit, in violation of subsection 11-60.1-62(a); or(12) Fails to obtain a covered source permit, in violation of subsection 11-60.1-82(a).(b) The notice of citation shall assess the following penalties for the violations in subsection (a): (1) Any person who violates paragraph (a)(1) shall be fined $300 for a first violation, and $500 for a subsequent violation.(2) Any person who violates paragraph (a)(2) shall be fined $500 for a first violation, and $1000 for a subsequent violation.(3) Any person who violates paragraph (a)(3) shall be fined $200 for a first violation, and $400 for a subsequent violation.(4) Any person who violates paragraph (a)(4) shall be fined $100 for a first violation, and $300 for a subsequent violation. (5) Any person who violates paragraph (a)(5) shall be fined $250 for a first violation, and $500 for a subsequent violation.(6) Any person who violates paragraph (a)(6) shall be fined $250 for a first violation, and $500 for a subsequent violation.(7) Any person who violates paragraph (a)(7) shall be fined $250 for a first violation, and $500 for a subsequent violation.(8) Any person who violates paragraph (a)(8) shall be fined $250 for a first violation, and $500 for a subsequent violation.(9) Any person who violates paragraph (a)(9) shall be fined $500 for a first violation, and $1,000 for a subsequent violation.(10) Any person who violates paragraph (a)(10) shall be fined $750 for a first violation, and $1,500 for a subsequent violation.(11) Any person who violates paragraph (a)(11) shall be fined $750 for a first violation, and $1500 for a subsequent violation.(12) Any person who violates paragraph (a)(12) shall be fined $1000 for a first violation, and $2000 for a subsequent violation.Haw. Code R. § 11-60.1-192
[Eff and comp 9/15/01; comp 11/14/03; am and comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS § 342B-42)