Current through September, 2024
Section 11-451-1 - Objective(a) The objective of these rules is to establish the Hawaii state contingency plan in order to implement, administer, and enforce chapter 128D, Hawaii Revised Statutes (HRS). The Hawaii state contingency plan: (1) Identifies those hazardous substances, pollutants, or contaminants, which are subject to the requirements and procedures set forth herein;(2) Designates the hazardous substances and their corresponding reportable quantities to be used in determining when notification of appropriate organizations is required pursuant to section 128D-3(b), HRS;(3) Establishes the notification requirements owners or operators of facilities or vessels shall follow in the event of a release of a hazardous substance that exceeds the reportable quantity;(4) Describes the process the department may follow, pursuant to section 128D-4(a)(4), HRS, to solicit the cooperation of potentially responsible parties, and if necessary, enter into a consent agreement or issue an order which requires potentially responsible parties to conduct any response actions;(5) Establishes the methods, pursuant to section 128D-7(a), HRS, for collecting preliminary data and evaluating the actual or potential hazard posed by a release or threat of release of a hazardous substance or pollutant or contaminant;(6) Describes the criteria for listing and prioritizing sites for response actions, pursuant to section 128D-7(b) and (c), HRS;(7) Describes the factors which may be considered by the department in determining the type of response action to be taken at a site;(8) Describes those response actions and associated public participation activities, which the department may implement or require to be implemented, at sites where the department determines that there is a need to investigate, stabilize, prevent, minimize, eliminate, mitigate, control, or otherwise respond to a release or threat of a release, which may pose an immediate or substantial risk, or both, to public health or welfare, the environment, or natural resources;(9) Provides the process the department shall use or require to be used, for evaluating alternatives for response actions to respond to sites that present an endangerment to the public health or welfare, the environment, or natural resources;(10) Describes the activities the natural resource trustee may take to fulfill the trustee's duties and responsibilities, when there has been injury to, destruction of, loss of, or a threat to natural resources as a result of a release or threat of release of a hazardous substance or pollutant or contaminant;(11) Describes the activities that persons other than the department may undertake in response to a release of a hazardous substance or pollutant or contaminant, and the requirements to recover costs for those actions;(12) Establishes when the department shall establish administrative records, guidelines for the content and location of administrative records, and the procedures by which administrative records may be supplemented and commented upon by the public; and(13) Describes the authority the department or its representatives may exercise for the purposes of determining the need for a response, or choosing or taking a response action or otherwise enforcing the provisions of this chapter.[Eff. AUG 17 1995] (Auth: HRS §§ 128D-3, 128D-4, 128D-5, 128D-6, 128D-7, 128D-8, 128D-9, 128D-10, 128D-13, 128D-14, 128D-15, 128D-16, 128D-17, 128D-18, 128D-19, 128D-24) (Imp: HRS §§ 128D-3, 128D-4, 128D-5, 128D-6, 128D-7, 128D-8, 128D-9, 128D-10, 128D-13, 128D-14, 128D-15, 128D-16, 128D-17, 128D-18, 128D-19, 128D-24)