Section 11-280.1-65.1 - Notification of confirmed releases(a) Within ninety days following confirmation of a release, the owner and operator shall notify those members of the public directly affected by the release in writing of the release and the proposed response to the release, including a historical account of actions performed since the discovery of the release. Members of the public directly affected by the release shall include: (1) Persons who own, hold a lease for, or have easements at, any property on which the regulated substance released from the UST was discovered; and(2) Other persons identified by the director,(b) The owner and operator shall send a letter to all members of the public directly affected by the release. Model language for the letter shall be provided by the department and shall include at least the following information:(1) Name and address of the UST or UST system;(2) Statement that a release of regulated substance has been confirmed at the UST or UST system;(3) Name of a contact person at the department; and(4) Reference to an attached factsheet pursuant to subsection (c).(c) The letter to the members of the public directly affected by the release shall include a factsheet which contains the following information: (1) Name and address of the UST or UST system;(2) Name and address of the owner and operator of the UST or UST system;(3) Name, address, and telephone contact of the party performing the cleanup activities;(4) Date of the confirmed release;(5) Nature and extent of the confirmed release;(6) Summary of measures taken to assess the release and extent of contamination; and(7) Summary of the proposed response to the release. (d) The factsheet shall be updated on a quarterly basis and sent to all members of the public directly affected by the release. If additional members of the public directly affected by the release are identified in the course of release response actions, then the owner and operator shall provide those persons with all previous and future letters and factsheets.(e) The owner and operator shall include in the quarterly report required pursuant to section 11-280.1-65.2 the following information: (1) Copy of the letter pursuant to subsection (b);(2) List of the members of the public directly affected by the release and to whom the letter was sent; and(3) Copies of the factsheet and amended factsheets pursuant to subsections (c) and (d).Haw. Code R. § 11-280.1-65.1
[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-5) (Imp: HRS §§ 342L-3, 342L-35)