Section 11-280.1-62 - Initial abatement measures and site assessment(a) Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures:(1) Continue to remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment;(2) Visually inspect the area around the UST or tank system for evidence of any aboveground releases or exposed belowground releases and continue to take necessary actions to minimize the spread of contamination and to prevent further migration of the released substance into surrounding soils, air, surface water, and groundwater;(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements);(4) Remedy hazards (such as dust and vapors and the potential for leachate generation) posed by contaminated soils and debris that are excavated or exposed as a result of release confirmation, site investigation, abatement, or release response action activities;(5) Conduct an assessment of the release by measuring for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site assessment required by section 11-280.1-52(b) or the site assessment required for change-in-service or permanent closure in section 11-280.1-72(a). In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill and surrounding soil, depth and flow of groundwater and other factors as appropriate for identifying the presence and source of the release;(6) Investigate to determine the possible presence of free product, and begin free product removal in accordance with section 11-280.1-64;(7) Remove or remediate contaminated soil at the site to the extent necessary to prevent the spread of free product; and(8) If any of the remedies in this section include treatment or disposal of contaminated soils, owners or operators must comply with all applicable local, state, and federal requirements.(b) Within twenty days after release confirmation, or within another reasonable period of time determined by the department, owners and operators must submit a report to the department summarizing the initial abatement steps taken under subsection (a) and any resulting information or data. Haw. Code R. § 11-280.1-62
[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-35) (Imp: HRS §§ 342L-3, 342L-35)