Haw. Code R. § 11-451-18

Current through September, 2024
Section 11-451-18 - Activities by other persons
(a) Any person who has incurred costs for undertaking a response action in accordance with chapter 128D, HRS, may seek contribution, indemnity or any other relief as provided by section 128D-18, HRS, and subject to any other provisions of law.
(b) Persons liable pursuant to section 128D-6(a), HRS, may be liable for any or all response costs incurred by any other person, provided that those response costs incurred by any other person are a result of response actions conducted consistent with this chapter and section 128D-18, HRS.
(c) Actions under subsection (a) which are private party response actions will be considered to be consistent with this chapter as provided in section 128D-6(a), HRS, based on the absence of material or substantial deviations from the provisions of this chapter, when evaluated as a whole by the department, the court or a finder of fact.
(d) Private party response actions are those response actions taken at sites where:
(1) The department is not providing oversight pursuant to 11-451-8(i); or
(2) The response action is not carried out pursuant to a consent agreement or an order issued by the department.
(e) Response actions carried out pursuant to a consent agreement or an order issued by the department must be in compliance with the terms of the agreement or order to be considered consistent with this chapter as provided in section 128D-6(a), HRS.
(f) Implementation of response measures by potentially responsible parties or by any other person does not release those parties from liability under section 128D-6, HRS.

Haw. Code R. § 11-451-18

[Eff. AUG 17 1995] (Auth: HRS §§ 128D-7, 128D-18) (Imp: HRS §§ 128D-7, 128D-18)