Section 11-62-82 - Offer to settle; settlement amounts(a) A field citation is an offer to settle an administrative case against a specific violation on a specific day. Instead of issuing a formal notice and finding of violation and order, the director, in the director's sole discretion, through any authorized employee, may issue a field citation by personal service or certified mail to:(1) Any person or owner who causes or allows a wastewater system to create or contribute to a wastewater spill, overflow, or discharge onto the ground or into surface waters, in violation of section 11-62-06(f)(5) or (6);(2) Any person or owner who uses or occupies a building not connected to a wastewater system in violation of section 11-62-06(a);(3) Any person or owner who constructs, modifies, or uses any individual wastewater system without approval by the director or a county authorized by the director to approve and regulate individual wastewater systems, in violation of section 11-62-08(b) or 11-62-31.1(f); or(4) Any person or owner who does not respond within thirty days to an operation and maintenance inspection report issued by the Department.(b) A field citation shall indicate the following settlement amounts:(1) $200 for a first violation, and $500 for a subsequent violation for: (A) Violating sections 11-62-06(a),(f)(1)-(4) and (f)(6)-(9), 11-62-08(b) or 11-62-31.1(f);(B) Failing properly to operate or maintain an aerobic treatment unit;(C) Failing to provide an effective contract for an aerobic treatment unit;(D) Falling to respond to department inspection reports, if the report states a response is recfuired;(E) Having a cesspool without a concrete cover;(F) Not having a secured manhole cover for the cesspool; or(G) A collapsed cesspool.(2) $500 for a first violation, and $2,000 for a subsequent violation for violating section 11-62-06(f)(5) or (10); and(3) $1,000 for a first violation, and $2,500 for a subsequent violation for constructing an individual wastewater system without department approval to construct.[Eff and comp 12/09/2004] (Auth: HRS §§ 321-11, 322-8(a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§ 321-11, 322-1 to 4, 322-8, 342D-2, 342D-4, 342D-5, 342D-9, 342D-18, 342D-31, 342D-50)[Eff and comp 12/09/04;am and comp 3/21/2016] (Auth; HRS §§ 321-11, 322-8(a), 342D-1, 342D-4, 342D-5, 342D-9, 342D-11, 342D-30, 342D-31, 342D-50) (Imp: HRS §§ 321-11, 322-1 to 4, 322-8, 342D-2, 342D-4, 342D-5, 342D-9, 342D-11, 342D-18, 342D-30, 342D-31, 342D-50)