Current through September, 2024
Section 11-56-11 - Right to inspect(a) A person regulated under this chapter shall allow the director to: (1) Enter and inspect any area to investigate an actual or suspected source of water pollution, to ascertain compliance or noncompliance with this chapter or any Nonpoint Source Order issued pursuant to this chapter;(2) Inspect any records kept in accordance with the terms and conditions of this chapter; and(3) Test any waters and aquatic and other life forms that may have been subjected to any form of nonpoint source pollution and assess the environmental effects of the pollution, including the pollution's effects on the quality of the receiving waters and aquatic and other life forms. If the department determines that the effects of the pollution would make it hazardous to consume the water and aquatic or other life forms, the director shall immediately notify the public of the hazard through the news media and by posting warning signs in those areas where the waters and shoreline contain water and aquatic or other life forms that would be hazardous if consumed.(b) Any person who denies, obstructs, or hampers the entrance to and inspection by any duly authorized officer or employee of the department of any building, place, or vehicle shall be fined not more than $5,000 for each day of such a denial, obstruction, or hampering. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.[Eff 6/25/2021] (Auth: HRS §§ 342D-4, 342D-8, 342E-2, 342E-3, 342E-4; 33 U.S.C. §§ 1251, 1329, 1370) (Imp: HRS §§ 342E-2, 342E-3, 342E-4)