Haw. Code R. § 11-451-10

Current through September, 2024
Section 11-451-10 - Criteria for no further action
(a) Determination of no further action. A facility or vessel shall no longer be subject to response actions under section 128D-7, HRS, when the department determines that no further response appears appropriate based on all of the information that may then reasonably be obtained. In making such a determination, the department shall consider:
(1) Any appropriate information to determine whether the facility or vessel does not meet any of the minimum hazard threshold criteria contained in section 11-451-9(b)(2) and, therefore, taking response actions is not appropriate; or
(2) If response actions taken have been sufficient to address the release or threat of release in accordance with the requirements of these rules.
(b) Deletion from the list. The facility or vessel shall not be included in the next revised list published pursuant to 128D-7(c), HRS if (1) the facility or vessel does not meet any of the criteria in section 11-451-9(b), (ii) potentially responsible parties or other persons have implemented all appropriate response actions as determined by the Director, or (iii) all appropriate Fund-financed response actions under chapter 128D, HRS have been implemented and the Director determines that no further response action by potentially responsible parties is appropriate.
(c) Re-listing. All facilities or vessels are eligible for re-listing if the department determines, using the criteria in section 11-451-9(b), that any additional response actions under chapter 128D, HRS, may be warranted.

Haw. Code R. § 11-451-10

[Eff. AUG 17 1995] (Auth: HRS § 128D-7) (Imp: HRS § 128D-7)