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ADMINISTRATIVE RULES RELATING TO PLASTIC BAG REDUCTION FINAL 12-20-12
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ADMINISTRATIVE RULES RELATING TO PLASTIC BAG REDUCTION FINAL 12-20-12
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12/28/2012 3:28:27 PM
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12/20/2012 1:08:13 PM
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Section 3.09 - Administrative fines. (a) In addition to correcting a violation under <br />this Article, the violator shall pay to the County an initial civil fine in the amount of $250 per <br />day for the second notice of a violation, and $500 per day for the third notice of a violation. <br />For subsequent violations, the fine shall be $1,000 per day. <br />(b) Fines assessed for a violation shall be payable whether a violation is <br />corrected before or after the order imposing fines becomes final. <br />(c) The director may waive the daily fines prescribed under subsections (a) and <br />(b), in whole or in part, after receiving a written request for a waiver and considering the <br />following: <br />1) The nature and egregiousness of the violation; <br />2) The duration of the violation; <br />3) The type and size of the business in violation; <br />4) The number of repeat violations; <br />5) Any effort taken by the business to correct the violation; <br />6) Reasons for any delay in the correction of the violation; and <br />7) Other extenuating circumstances. <br />Section 3.10 - Joint and several assessments. The penalties in these rules may <br />be assessed against all violators, jointly or severally, and the director may proceed against <br />such persons as the director may choose. <br />Section 3.11 - Other legal remedies. The enforcement provisions of this chapter <br />are in addition to remedies provided by the Hawaii County Code and other law, and do not <br />preclude other civil or criminal penalties or injunctive relief." <br />2. Effective Date. Chapter 6, Rules Relating to Plastic Bag Reduction, shall <br />take effect ten days after filing with the Office of the County Cleric, or on the effective date of <br />County Ordinance No. 12 -1 if the latter occurs later. <br />3. Severability. In the event any portion of these rules is declared invalid, <br />such invalidity shall not affect the other parts of these rules. <br />ADOPTED THIS g �5DAY OF ice +nY ev, , 20 —LL L at ',bd . P. . M <br />Hilo, Hawai'i. <br />COUNTY OF HAWAII <br />DORA BECK, P.E. <br />Acting Director <br />Department of Environmental Management <br />
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