RELATING TO STATE WATER CODE PENALTIES.
SB811 amends Hawaii’s State Water Code penalty provisions in section 174C-15, HRS, to strengthen enforcement against violations of water law, water rules, commission orders, permit failures, and permit-condition violations. The bill establishes a minimum fine of $50 and retains a maximum fine of $5,000 per violation, while clarifying that each day a violation exists or continues is a separate offense. For continuing violations, penalties are to be assessed from the earliest known date of the violation, or, if that date cannot be established by a preponderance of the evidence, from the earliest date the Commission on Water Resource Management became aware of the violation.
The bill also directs the commission to determine the penalty amount based on the circumstances of each violation, including the nature, extent, gravity, history, culpability, and other equitable considerations. It preserves existing authority for the commission to seek injunctions, damages, administrative fines, fees, costs, attorneys’ fees, and related legal remedies, and it does not limit the right of injured persons to pursue other legal or equitable relief. The measure takes effect upon approval.
SB811 would amend Hawaii Revised Statutes section 174C-15 by making the State Water Code’s penalty framework more explicit and more punitive for ongoing violations. It would create a statutory minimum fine of $50 per violation, clarify that each day of a continuing violation is a separate offense, and require the Commission on Water Resource Management to assess penalties using specified factors and a defined starting point for continuing violations. The bill primarily affects violators of water code provisions, water rules, commission orders, and permit requirements, while reinforcing the enforcement tools available to the Department of Land and Natural Resources and the commission.
The available context suggests generally supportive sentiment toward the bill’s enforcement goals, with the measure framed as a way to better protect Hawaii’s water resources and improve deterrence against violations. The bill advanced far enough to be re-referred to WLA and JDC/WAM, indicating continued legislative consideration. No committee transcript or recorded vote information is available here, so the broader debate cannot be fully reconstructed from the provided materials.
The main policy question appears to be whether the State Water Code’s existing penalties are too low or too vague to deter violations, versus whether increasing and formalizing penalties could be seen as overly punitive or burdensome for regulated parties. The bill’s supporters, as reflected in the findings, emphasize accountability, deterrence, and stronger enforcement authority for the commission. Any opposition would likely center on the new minimum fine, the per-day accumulation of offenses for continuing violations, and the commission’s discretion in setting penalties, though no specific opposing arguments are included in the provided record.