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Summary of Testimony on Bill 13 <br /> March 7, 2017 <br /> Page 7 of 7 <br /> Fines section only allows fines for the use of polystyrene foam products, no <br /> other disposable packaging is covered by the current wording of the Bill. <br /> b) (d) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice <br /> shall contain an advisement of the right to request a hearing before the director <br /> contesting the imposition of the fine. <br /> i) Comment <br /> (1)The requirement for the director to hold the hearing imposes significant time <br /> obligations on the department. Additionally, every decision can be appealed to <br /> the Environmental Management Commission further requiring the time of the <br /> director. <br /> 7) Section 20-_. Other relief <br /> a) (c)All fines and other enforcement actions may be appealed to the environmental <br /> management commission, provided the appeal is filed within thirty days of issuance of <br /> the notice of determination.... <br /> i) Comment <br /> (1)There are no guidance in this Bill as to what constitutes "other enforcement <br /> actions" since the Bill assigns DEM the power to fine venders only. <br /> b) (c)...All fines and other enforcement actions imposed by director and upheld by the <br /> environmental management commission may be appealed to the circuit court, provided <br /> the appeal is filed within thirty days of issuance of the decision of the commission. <br /> i) Comment <br /> (1) Any appeal can be assigned to a Circuit Court; this requires the creation of <br /> internal rules to meet a legal standard for rules of evidence, chains of custody <br /> and legal support that resides outside of DEM. Corporation Counsel would be <br /> required to support any such court cases. Funding for this potential activity <br /> would be required. <br /> (2) The language that the environmental management commission (EMC) must <br /> uphold a violation means that, as written, a rejection of the fine by EMC voids <br /> the violation and DEM has no right to appeal that decision to the Circuit Court. <br /> Is this the intent? <br /> 8) Section 20-_. Education <br /> a) On or before January 1, 2018, the director shall establish an education program for <br /> businesses, nonprofit organizations, and the general public regarding compostable <br /> alternatives to polystyrene foam disposable food service ware." <br /> i) Comment <br /> (1)The education program will require additional personnel and budget <br /> County of Hawaii is an Equal Opportunity Provider and Employer. <br /> 1 <br />