Relating To State Water Code Penalties.
This bill is expected to provide the Department of Land and Natural Resources (DLNR) and the Commission on Water Resource Management (CWRM) with enhanced tools to enforce compliance with water regulations. The increased fines and clarified definitions of violations aim to hold offenders accountable, particularly addressing issues like failing to obtain necessary permits or non-compliance with water audit requirements. By implementing these changes, the bill underscores the importance of maintaining high standards for water management and conservation within the state.
House Bill 1142 proposes significant modifications to the existing Hawaii State Water Code by amending the penalties associated with water code violations. The bill seeks to increase the maximum fine for violations from $5,000 to $25,000 and establishes a minimum fine of $50. Additionally, it specifies that each day a violation exists or continues is considered a separate offense, thus allowing for more stringent enforcement against repeat violators. This amendment is aimed at enhancing the state's ability to protect its water resources effectively by ensuring that penalties serve as a deterrent to potential violators.
Notable points of contention may arise from the increased financial burdens on individuals and businesses who violate the water code. Opponents might argue that the steep fines could disproportionately affect smaller operators or those engaged in agricultural practices, raising concerns about fairness and economic viability. The bill also empowers the CWRM to consider various factors when imposing penalties, which could lead to variability in how fines are applied, sparking debate over the criteria used to judge violations. Overall, this bill represents a significant shift in the state's approach to water resource management, reflecting a more aggressive stance against non-compliance.