§342B-56  Citizen suits.  (a) 
After June 30, 1995, any person may commence a civil action on that person’s
own behalf against:



(1)  Any person (including the State and the director)
who is alleged to be in violation of this chapter, including any emission
standard or limitation or any order issued by the director;



(2)  The director where there is alleged a failure to
perform any act or duty under this chapter which is not discretionary; or



(3)  Any person who proposes to construct or
constructs any new or modified major emitting facility without a required
permit or who is alleged to be in violation of any condition of such permit.



This subsection shall not apply before April 1, 1996
to violations of permits related to agricultural burning; provided further that
the governor may extend this deadline for an additional three months.



(b)  The circuit court shall have jurisdiction
to:



(1)  Enforce such an emission standard or limitation,
or an order;



(2)  Order the director to perform such act or duty;
and



(3)  Apply any appropriate civil penalties.



(c)  No action may be commenced:



(1)  Under subsection (a)(1):



(A)  Prior to sixty days after the plaintiff
has given notice of the violation to (i) the director, (ii) the department, and
(iii) any alleged violator of the standard, limitation, or order; or



(B)  If the director or the department has
commenced and is diligently prosecuting a civil action to require compliance
with the standard, limitation, or order, but in any such action any person may
intervene as a matter of right; or



(2)  Under subsection (a)(2) prior to sixty days after
the plaintiff has given notice of such action to the director.  Notice under
this subsection shall be given in such [manner] as the director shall prescribe
by rule.



(d)  Any action respecting a violation by a
stationary source of an emission standard or limitation or an order respecting
such standard or limitations may be brought only in the judicial circuit in
which such source is located.



(e)  In any action under this section, the
director, if not a party, may intervene as a matter of right at any time in the
proceeding.



(f)  The court, in issuing any final order in
any action brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any party, whenever
the court determines such award is appropriate.  The court, if a temporary
restraining order or preliminary injunction is sought, may require the filing
of a bond or equivalent security in accordance with the Hawaii rules of civil
procedure.



(g)  Nothing in this section shall restrict any
right which any person may have under any constitutional provision, statute, or
common law to seek enforcement of any emission standard or limitation or to
seek any other relief.



(h)  Penalties received under subsection (b)
shall be deposited into the clean air special fund established by section 342B-32. 
These amounts shall remain available to finance air compliance and enforcement
activities.  The court shall have discretion to order that such civil
penalties, in lieu of being deposited in the fund, be used in beneficial
mitigation, education, or protection projects which enhance public health or
the environment. [L 1992, c 240, pt of §1; am L 1995, c 180, §4; am L 1996, c
13, §6]



 



Rules of Court



 



  Injunctions, see HRCP rule 65.