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

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

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

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

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

(b)  The circuit court shall have jurisdictionto:

(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 plaintiffhas 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 hascommenced and is diligently prosecuting a civil action to require compliancewith the standard, limitation, or order, but in any such action any person mayintervene as a matter of right; or

(2)  Under subsection (a)(2) prior to sixty days afterthe plaintiff has given notice of such action to the director.  Notice underthis subsection shall be given in such [manner] as the director shall prescribeby rule.

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

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

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

(g)  Nothing in this section shall restrict anyright which any person may have under any constitutional provision, statute, orcommon law to seek enforcement of any emission standard or limitation or toseek 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 enforcementactivities.  The court shall have discretion to order that such civilpenalties, in lieu of being deposited in the fund, be used in beneficialmitigation, education, or protection projects which enhance public health orthe environment. [L 1992, c 240, pt of §1; am L 1995, c 180, §4; am L 1996, c13, §6]

 

Rules of Court

 

  Injunctions, see HRCP rule 65.