reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 1 - INTRODUCTION › Section 11-452-1 - General

Current through June, 2024
This chapter sets forth the minimum requirements for the
					 implementation, administration, and enforcement of Act 170, SLH 2006. These
					 requirements are set forth to allow for the identification, decontamination and
					 cleanup of methamphetamine manufacturing sites and protection of the State's
					 first responder community.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 1 - INTRODUCTION › Section 11-452-2 - Application

Current through June, 2024
This chapter applies to any site located throughout the
					 State that has been used to manufacture methamphetamine.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 2 - SAFETY GUIDANCE FOR RESPONDING AGENCIES › Section 11-452-10 - Purpose

Current through June, 2024
The purpose of this subchapter shall be to establish
					 procedural requirements for each agency that shall respond to and investigate a
					 methamphetamine manufacturing site.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 2 - SAFETY GUIDANCE FOR RESPONDING AGENCIES › Section 11-452-11 - Personal safety guidance

Current through June, 2024
(a) Each responding
				  agency shall be responsible for the safety of any of the agency's personnel
				  involved in the investigation of a methamphetamine manufacturing site.
				  Guidelines for the protection of such personnel shall be developed by each
				  respective agency in accordance with OSHA safety standards.
(b) Each responding agency shall be
				  responsible for the following:
(1) The
				  designation of at least one individual who shall be responsible for the overall
				  management, integration and coordination of personal safety procedures during
				  the investigation of methamphetamine manufacturing sites; and
(2) The designation of site safety
				  officer.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 2 - SAFETY GUIDANCE FOR RESPONDING AGENCIES › Section 11-452-12 - Training and certification

Current through June, 2024
Each responding agency shall be responsible for the
					 training and certification of its personnel based on the duties and function to
					 be performed by each responder of an emergency response organization as set
					 forth under
					 29 CFR
					 1910.120(HAZWOPER). Each
					 responding agency shall maintain a record of the training and certification of
					 its personnel.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 3 - HAZARDOUS MATERIALS DISPOSAL AND FEDERAL NOTIFICATION › Section 11-452-18 - Hazardous materials disposal

Current through June, 2024
(a) If the DEA
				  participates in the investigation and decontamination of a methamphetamine
				  manufacturing site, the DEA may coordinate with a hazardous materials
				  contractor for the disposal of any hazardous materials discovered during a
				  response to a methamphetamine manufacturing site.
(b) If the DEA does not participate in the
				  investigation and decontamination of a methamphetamine manufacturing site, the
				  chief law enforcement officer shall coordinate with a hazardous materials
				  contractor for the disposal of any hazardous materials. The hazardous materials
				  contractor shall prepare a disposal record that shall include, but not be
				  limited to, an inventory of the following:
(1) Hazardous materials;
(2) Precursor chemicals;
(3) Intermediate products; and
(4) Equipment used or stored at the
				  methamphetamine manufacturing site.
The disposal record shall be included in the case file for
					 the investigation and shall be delivered to the hazard evaluation and emergency
					 response office as required under section 11-452-26.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 3 - HAZARDOUS MATERIALS DISPOSAL AND FEDERAL NOTIFICATION › Section 11-452-19 - Federal notice requirements

Current through June, 2024
Law enforcement shall complete the federal notice
					 requirements within five business days of the completion of a methamphetamine
					 manufacturing site investigation. Law enforcement shall ensure that a copy of
					 any notification documents shall be included in the case file for the
					 investigation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 3 - HAZARDOUS MATERIALS DISPOSAL AND FEDERAL NOTIFICATION › Section 11-452-20 to 11-452-24 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 4 - INTERACTION BETWEEN LAW ENFORCEMENT AND THE DEPARTMENT OF HEALTH › Section 11-452-25 - Reporting requirements and post-raid notifications

Current through June, 2024
(a)
				  After any laboratory or other equipment and hazardous materials are removed
				  from the methamphetamine manufacturing site, law enforcement personnel shall
				  place a warning in a conspicuous location on the site to any potential
				  visitors, licensees or trespassers to the site, that the methamphetamine
				  manufacturing site may pose a health hazard.
(b) The chief law enforcement officer shall
				  notify the owner of the property that the property was utilized as a
				  methamphetamine manufacturing site.
(c) Upon receiving notice from the chief law
				  enforcement officer, the owner of the property shall contact the hazard
				  evaluation and emergency response office within seventy-two (72)
				  hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 4 - INTERACTION BETWEEN LAW ENFORCEMENT AND THE DEPARTMENT OF HEALTH › Section 11-452-26 - Initiation of environmental cleanup

Current through June, 2024
(a) The chief law
				  enforcement officer shall make a determination as to the existence of a
				  methamphetamine manufacturing site.
(b) Once the chief law enforcement officer
				  has made a determination, the chief law enforcement officer shall contact the
				  hazard evaluation and emergency response office and submit a report. The report
				  shall include but not be limited to, the following information:
(1) The general layout of the methamphetamine
				  manufacturing site and indicates the areas:
(A) On which chemical reactions
				  occurred;
(B) Where chemicals and
				  equipment were stored;
(C) Where
				  chemicals and waste were disposed of; and
(D) Where equipment used to manufacture
				  methamphetamine was discovered;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 4 - INTERACTION BETWEEN LAW ENFORCEMENT AND THE DEPARTMENT OF HEALTH › Section 11-452-27 to 11-452-31 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 5 - THE DEPARTMENT OF HEALTH RESPONSE › Section 11-452-32 - Response

Current through June, 2024
The hazard evaluation and emergency response office shall
					 provide general oversight for the decontamination of methamphetamine
					 manufacturing sites that meet the following criteria:
(1) The investigation of. the site is
				  referred to the hazard evaluation and emergency response office by the chief
				  law enforcement officer in accordance with section 11-452-26;
(2) The site contains methamphetamine, any
				  precursor chemicals or intermediate products in amounts that may pose a risk to
				  human health or the environment;
(3) The site contains evidence of
				  manufacturing; and
(4) The site
				  contains equipment used to manufacture methamphetamine, any precursor chemicals
				  or intermediate products.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 5 - THE DEPARTMENT OF HEALTH RESPONSE › Section 11-452-33 - Guidance

Current through June, 2024
The hazard evaluation and emergency response office shall
					 establish a department guidance document for the investigation, sampling and
					 cleanup of methamphetamine manufacturing sites. The guidance may be revised as
					 new technology and science become available and accepted by the
					 Department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-39 - Pre-decontamination procedures

Current through June, 2024
(a) The owner and
				  operator of the property on which a methamphetamine manufacturing site is
				  located, shall, in coordination with the hazard evaluation and emergency
				  response office, hire a cleanup contractor that specializes in responding to
				  environmentally contaminated sites. Any and all costs incurred from the
				  decontamination and cleanup of a methamphetamine manufacturing site shall be
				  the responsibility of the owner and operator of the property on which the
				  methamphetamine manufacturing site is located.
(b) The cleanup contractor shall deliver a
				  written report to the hazard evaluation and emergency response office that
				  includes, but is not limited to, the following:
(1) A hazard assessment; and
(2) A scope of work.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-40 - Decontamination procedures

Current through June, 2024
All decontamination procedures shall be carried out
					 according to the work plan approved by the hazard evaluation and emergency
					 response office.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-41 - Post-decontamination sampling

Current through June, 2024
(a) The amount of
				  post-cleanup sampling shall depend on the levels of contamination and the
				  methods used in the process of making methamphetamine.
(b) Sampling protocols shall be based on
				  widely accepted industry standards.
(c) The cleanup contractor shall comply with
				  the appropriate remedial action levels as set forth in the department guidance
				  document and the hazard evaluation and emergency response office technical
				  guidance manual.
(d) The cleanup
				  contractor shall comply with the analytical methodology used to detect
				  methamphetamine, precursor chemicals or intermediate products as set forth in
				  the department guidance document.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-42 - Final report

Current through June, 2024
A final report shall document the work performed in
					 conjunction with the work plan approved by the hazard evaluation and emergency
					 response office. A final report shall describe the cleanup process in detail
					 sufficient to allow the hazard evaluation and emergency response office to
					 verify that the decontamination and cleanup has been completed. The final
					 report shall include the following information:
(1) Results of all sampling;
(2) A comparison of the final sampling
				  results with the appropriate hazard evaluation and emergency response office
				  remedial action levels;
(3) A
				  summary of the comparison that indicates whether or not the cleanup has met all
				  of the hazard evaluation and emergency response office appropriate remedial
				  action levels;
(4) All supporting
				  data and information for the cleanup activities performed; and
(5) Any other information that is required by
				  the hazard evaluation and emergency response office.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-43 - No Further Action Determination

Current through June, 2024
The hazard evaluation and emergency response office shall
					 issue a no further action determination, provided that:
(1) The final report is deemed accurate by
				  the hazard evaluation and emergency response office;
(2) The hazard evaluation and emergency
				  response office determines that the cleanup effort has decontaminated the
				  property in accordance with the approved work plan and approved decontamination
				  procedures; and
(3) The hazard
				  evaluation and emergency response office verifies that the cleanup is in
				  compliance with Hawaii law.
In the event that new information is subsequently
					 discovered that would alter the determination of no further action, the matter
					 shall be reconsidered and may be reassessed at the Owner's expense. All costs
					 associated with the reconsideration and reassessment of the decontamination and
					 cleanup of a methamphetamine manufacturing site shall be the responsibility of
					 the owner of the property on which a methamphetamine manufacturing site is
					 located.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 452 - REQUIREMENTS FOR DECONTAMINATION AND CLEANUP OF METHAMPHETAMINE MANUFACTURING SITES › Subchapter 6 - THE DEPARTMENT OF HEALTH OVERSIGHT OF THE DECONTAMINATION PROCESS › Section 11-452-46 to 11-452-50 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 1 - INTRODUCTION AND GENERAL PROVISIONS › Section 11-453-1 - Purpose

Current through June, 2024
The purpose of the rules in this chapter is to implement
					 the Hawaii Emergency Planning and Community-Right-to-Know Act. The rules are to
					 administer and enforce the reporting requirements of Title III of the Superfund
					 Amendments and Reauthorization Act of 1986 ("SARA Title III") and regulation's
					 for emergency planning notification, material safety data sheets, chemical
					 lists, emergency and hazardous chemical inventory forms, and toxic chemical
					 release forms and to supplement the federal statute and regulations in the
					 interest of protecting the health and safety of the citizens of
					 Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 1 - INTRODUCTION AND GENERAL PROVISIONS › Section 11-453-3 - Incorporations by reference

Current through June, 2024
Reference to title 40 Code of Federal Regulations shall
					 mean (unless otherwise specifically provided) the Superfund, Emergency Planning
					 and Community Right-to-Know Act Regulations, July 2010.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 1 - INTRODUCTION AND GENERAL PROVISIONS › Section 11-453-4 - Electronic business

Current through June, 2024
(a) The intent of
				  this section is to authorize and promote the development of electronic business
				  by the commission and the committees, and the section shall be interpreted
				  broadly.
(b) The commission and
				  committees may each separately or jointly authorize the submission of reports,
				  notifications, and payments electronically, when and under those conditions
				  that the commission or committee considers appropriate. The commission may
				  specify whether the electronic notification or report may replace or
				  supplements the existing paper notices or reports. The commission and
				  committees will provide notice to public of the availability and use of
				  electronic business methods to satisfy reporting or other requirements under
				  this chapter.
(c) The commission
				  and committees may each separately or jointly authorize the submission of a
				  single electronic report or notification to meet multiple reporting or
				  notification requirements by different jurisdictions, when and under those
				  conditions that the commission or committee considers appropriate.
(1) This "one stop" operation includes both
				  reports and notifications sent first directly to the commission or a committee,
				  and reports and notifications sent first directly to another entity beside the
				  commission or a committee.
[
Comment:
For example, the commission,
					 committees, and department may implement and update automated information
					 exchange systems for hazardous chemical inventory reporting as discussed in
					 section 11-453-27(c) and toxic chemical release reporting and information
					 exchanges described under subchapter 7.]
(2) The commission and committees may enter
				  agreements with other entities for coordinated and integrated electronic
				  business
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 2 - STATE EMERGENCY RESPONSE COMMISSION › Section 11-453-5 - Establishment of state emergency response commission

Current through June, 2024
The Hawaii state emergency response commission is created
					 pursuant to section
					 128E-2(a),
					 HRS, and is placed within the department for administrative purposes and
					 carries out the requirements of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 2 - STATE EMERGENCY RESPONSE COMMISSION › Section 11-453-6 - Commission members and their responsibilities

Current through June, 2024
(a) The
				  governor shall appoint the commission members as described in section
				  128E-2(b),
				  HRS.
(b) Commission members are
				  subject to the requirements of section
				  128E-2(c)
				  to (g), HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 2 - STATE EMERGENCY RESPONSE COMMISSION › Section 11-453-7 - Duties and responsibilities

Current through June, 2024
The commission shall perform duties and responsibilities
					 as described in section
					 128E-2(g),
					 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 2 - STATE EMERGENCY RESPONSE COMMISSION › Section 11-453-8 - Appointment of hearing officers

Current through June, 2024
In addition to other specific powers provided in this
					 chapter, the commission may appoint, without regard to chapter 7 6 HRS, hearing
					 officers to conduct public participation activities, including public hearings
					 and public information meetings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 2 - STATE EMERGENCY RESPONSE COMMISSION › Section 11-453-9 - Immunity from civil liability

Current through June, 2024
(a) No commission
				  member shall be liable for the death of or any injury to persons, the loss of
				  or damage to property, or any civil damages, resulting from any act or omission
				  arising out of the performance of the functions, duties, and responsibilities
				  of the commission, except for acts or omissions that constitute wilful
				  misconduct.
(b) No employee,
				  representative, or agent of a state or county agency, or persons requested by a
				  state or county agency to engage in any emergency service or response
				  activities involving a hazardous material release at a facility or
				  transportation accident site, shall be liable for the death of or any injury to
				  persons, or the loss of or damage to property, resulting from that hazardous
				  material release, except for any acts or omissions that constitute wilful
				  misconduct.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-10 - Establishment of local emergency planning districts

Current through June, 2024
Each county is designated as an emergency planning
					 district for the purposes of this chapter; provided that the department is
					 responsible for Kalawao County.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-11 - Establishment of local emergency planning committees

Current through June, 2024
Local emergency planning committees are created pursuant
					 to section
					 128E-5(a),
					 HRS. The committees shall be subject to the requirements of this chapter and
					 section 303 of the EPCRA, title
					 42 United States Code
					 section 11003.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-12 - Committee members

Current through June, 2024
The commission shall appoint the committee members as
					 described in section
					 128E-5(b)
					 to (e), HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-13 - Duties, and responsibilities

Current through June, 2024
Each committee shall perform duties and responsibilities
					 as described in section
					 128E-5(f),
					 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-14 - Funding

Current through June, 2024
(a) Administrative and operational expenses
				  of a committee may be paid by the State. Funding for operation and
				  administration of committees shall come from the local emergency response
				  planning committee account within the environmental response revolving fund
				  established under section
				  128D-2,
				  HRS.
(b) Each committee must
				  establish an account with the finance department of the local government in
				  their planning district in order to receive funding.
(c) Funding shall be used to fulfill the
				  duties and responsibilities of the committee as described in section
				  11-453-13.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 3 - LOCAL EMERGENCY PLANNING COMMITTEES › Section 11-453-15 - Immunity from civil liability

Current through June, 2024
(a) No committee
				  member shall be liable for the death of or any injury to persons, the loss of
				  or damage to property, or any civil damages, resulting from any act or omission
				  arising out of the performance of the functions, duties, and responsibilities
				  of the committee, except for acts or omissions that constitute wilful
				  misconduct.
(b) No employee,
				  representative, or agent of a state or county agency, or persons requested by a
				  state or county agency to engage in any emergency service or response
				  activities involving a hazardous material release at a facility or
				  transportation accident site, shall be liable for the death of or any injury to
				  persons, or the loss of or damage to property, resulting from that hazardous
				  material release, except for any acts or omissions that constitute wilful
				  misconduct.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 4 - EMERGENCY PLANNING › Section 11-453-16 - Facilities subject to emergency planning requirements

Current through June, 2024
(a)
				  The requirements of this subchapter apply to:
(1) Each owner or operator of a facility that
				  stores, uses, or manufactures any hazardous substance and at which there is
				  present an amount of any extremely hazardous substance equal to or in excess of
				  its threshold planning quantity; and
(2) Each owner or operator of a facility that
				  has been designated by the commission or the Governor after public notice and
				  opportunity for comment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 4 - EMERGENCY PLANNING › Section 11-453-17 - Emergency planning requirements

Current through June, 2024
(a) The owner or
				  operator of a facility subject to emergency planning requirements of this
				  subchapter shall:
(1) Designate a facility
				  representative who will serve as a facility emergency coordinator and work with
				  the committee to implement local emergency planning.
(2) Notify the committee and commission
				  within sixty days of the facility first being subject to regulation under this
				  rule.
(3) On or before March 1 of
				  each year, inform the committee of any changes occurring at the facility which
				  may be relevant to emergency planning, including whether the facility ceases to
				  meet the minimum emergency planning thresholds described in section
				  11-453-19.
(4) Upon request of the
				  committee having jurisdiction over the facility, promptly provide to the
				  committee any information necessary for development or implementation of the
				  chemical emergency response and preparedness plan for the emergency planning
				  district.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 4 - EMERGENCY PLANNING › Section 11-453-19 - List of extremely hazardous substances and their threshold planning quantities

Current through June, 2024
Extremely hazardous substances and their applicable
					 threshold planning quantities and reportable quantities are those substances
					 and quantities listed at title 40 rode of Federal Regulations part 355,
					 appendices A and B, as amended.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 5 - EMERGENCY RELEASE NOTIFICATION › Section 11-453-20 - Facilities subject to emergency release notification

Current through June, 2024
(a)
				  The requirements of this subchapter apply to any facility at which:
(1) A hazardous chemical is produced, used or
				  stored; and
(2) There is release of
				  a reportable quantity of any hazardous substance or extremely hazardous
				  substance within any 24-hour period. Certain releases are exempted from these
				  requirements. Exempted releases are listed in section 11-453-20(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 5 - EMERGENCY RELEASE NOTIFICATION › Section 11-453-21 - Designation of extremely hazardous substances and hazardous substances

Current through June, 2024
(a) This section designates the extremely
				  hazardous substances and hazardous substances subject to release notification
				  requirements contained in section 11-453-23.
(b) Extremely hazardous substances are those
				  substances and quantities listed in title 40 Code of Federal Regulations part
				  355, appendices A and B, as amended. (c) Hazardous substances are defined in
				  section
				  128D-1, HRS, and
				  designated in section 11-451-5.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 5 - EMERGENCY RELEASE NOTIFICATION › Section 11-453-22 - Determination of reportable quantities

Current through June, 2024
(a) This section
				  designates the reportable quantities for the extremely hazardous substances and
				  hazardous substances designated pursuant to section 11-453-21.
(b) The reportable quantities for extremely
				  hazardous substances will be their respective reportable quantities as defined
				  in title 40 Code of Federal Regulations part 355, appendices A and B, as
				  amended.
(c) The reportable
				  quantities for hazardous substances will be the quantity of a hazardous
				  material stated in the various lists of hazardous substances as defined in
				  section
				  128D-3,
				  HRS, and designated in section 11-451-6.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 5 - EMERGENCY RELEASE NOTIFICATION › Section 11-453-24 - Applicability of other release reporting requirements to facilities subject to emergency release notification requirements

Current through June, 2024
Facilities subject to the emergency release notification
					 requirements of this subchapter must also comply with the release notification
					 requirements for all other applicable statutes and rules including but not
					 limited to hazardous substances established in sections
					 11-451-4 through
					 11-451-7 and reporting
					 requirements established under title 40 Code of Federal Regulations part 302,
					 as necessary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-26 - Submittal of material safety data sheets

Current through June, 2024
An owner or operator described in section
					 11-453-25 shall complete a list of
					 hazardous chemicals present at the facility by March 1 of each year and submit
					 a material safety data sheet for such a hazardous chemical to the commission,
					 committee or fire department having jurisdiction over the facility not more
					 than thirty days after a request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-27 - Submittal of State of Hawaii chemical inventory form (tier II)

Current through June, 2024
(a) An owner or operator described in section
				  11-453-25 shall submit a State of Hawaii chemical inventory (tier II) form
				  using options provided by the department of health, hazard evaluation and
				  emergency response office by March 1 of each year for all hazardous substances,
				  extremely hazardous substances, and hazardous chemicals present at the facility
				  at any one time in amounts equal to or greater than their respective thresholds
				  in the proceeding calendar year.
(b) A State of Hawaii chemical inventory
				  (tier II) form shall be submitted to the department of health, hazard
				  evaluation and emergency response office, committee and fire department having
				  jurisdiction over the facility.
(c)
				  The department of health, hazard evaluation and emergency response office,
				  committee, and fire department may implement an automated information exchange
				  system so that the submission of a State of Hawaii chemical inventory (tier II)
				  form to one agency satisfies the requirement of submission to all.
(d) The owner or operator of a facility that
				  has submitted an inventory form under this section shall allow on-site
				  inspection by the fire department having jurisdiction over the facility upon
				  request of the department; and shall provide to the department specific
				  location information on hazardous substances, extremely hazardous substances,
				  and hazardous chemicals at the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-28 - Submittal of tier II forms by request

Current through June, 2024
The owner or operator of a facility described in section
					 11-453-25 shall submit a tier II
					 form to the department of health, hazard evaluation and emergency response
					 office, committee, or the fire department having jurisdiction over the facility
					 upon request of such persons. The tier II form shall be submitted within 30
					 days of the receipt of each request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-29 - Submittal of emergency response plans

Current through June, 2024
(a) An owner or
				  operator described in section 11-453-25 shall submit an emergency response plan
				  along with their submittal of the State of Hawaii chemical inventory form (tier
				  II) to the department of health, hazard evaluation and emergency response
				  office, committee, and the fire department having jurisdiction over the
				  facility.
(b) At a minimum, the
				  emergency response plan should include;
(1) A
				  diagram of the facility with the following information:
(A) Emergency contact information for the
				  facility;
(B) Facility
				  entrances;
(C) Facility emergency
				  exits;
(D) Location of areas or
				  structures designated for storage including temporary storage for longer than
				  72 hours under active shipping papers of extremely hazardous substances and
				  hazardous substances;
(E) If
				  installed, location of any mitigating measures such as, but not limited to:
(i) Fire extinguishers;
(ii) Fire hoses;
(iii) Sprinkler systems;
(iv) Smoke detectors; and
(v) Emergency warning systems.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 6 - HAZARDOUS CHEMICAL REPORTING › Section 11-453-30 - Notification that a facility is no longer subject to hazardous chemical reporting requirements

Current through June, 2024
The owner or operator a facility will submit a notice to
					 the commission, committee, and fire department indicating that the facility is
					 no longer subject to the hazardous chemical reporting requirements of this
					 subchapter when the facility no longer meets a minimum reporting threshold in
					 section 11-453-25(b) for
					 any hazardous substance, extremely hazardous substance, or hazardous
					 chemical.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 7 - TOXIC CHEMICAL REPORTING › Section 11-453-31 - Facilities subject to toxic chemical release reporting

Current through June, 2024
(a)
				  The owner or operator of a facility subject to toxic, chemical release
				  recordkeeping and reporting as described in title 40 Code of Federal
				  Regulations part 372 shall comply with the requirements of such part.
(b) Facilities that submit toxic chemical
				  release data to the U.S. Environmental Protection Agency via the Environmental
				  Protection Agency's Central Data Exchange (using the toxic release
				  inventory-made easy tool) for the first time, as paper forms or via diskette
				  shall also submit toxic chemical release data to the department.
(c) After the first year of usage, facilities
				  that submit toxic chemical release data to the U.S. Environmental Protection
				  Agency via the Environmental Protection Agency's Central Data Exchange (using
				  the toxic release inventory-made easy tool) are not required to submit toxic
				  chemical release data to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 8 - FUNDING AND FEES › Section 11-453-32 - Annual inventory filing fees for hazardous chemical reporting

Current through June, 2024
Facilities that are required to report according to
					 section 11-453-27 shall remit $100 with
					 each submission of chemical inventory forms or tier II forms to the commission
					 by March 1 of each year. All moneys collected by the department pursuant to
					 this section shall be deposited in the state treasury and accrue to the credit
					 of the environmental response revolving fund.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 8 - FUNDING AND FEES › Section 11-453-33 - Local emergency response planning committees account

Current through June, 2024
(a) The department shall establish an
				  account, to be called the local emergency response planning committees account,
				  within the environmental response revolving fund pursuant to section
				  128D-2,
				  HRS for the purpose of administration and oversight of this chapter.
(b) All moneys to meet the general operating
				  needs and expenses of the Emergency Planning and Community Right-to-Know Act
				  program of the department shall be allocated by the legislature through
				  appropriations out of the state general fund and the environmental response
				  revolving fund; provided that the appropriations from the environmental
				  response revolving fund shall not exceed the amount of moneys collected from
				  the filing fees assessed in section
				  128E-9, HRS. The
				  department shall include in its budgetary request for each upcoming fiscal
				  period the amounts necessary to effectuate the purposes of this
				  chapter.
(c) The department, with
				  the assistance of the department of budget and finance and department of
				  accounting and general services, shall prepare a report for the legislature
				  concerning the amount of moneys collected during the preceding fiscal year, the
				  amount of moneys collected to date during the current fiscal year, and the
				  amount of moneys to be collected during the upcoming fiscal year, pursuant to
				  sections
				  128E-9 and
				  128E-11, HRS.
				  The department shall submit the foregoing report to the legislature not less
				  than twenty days prior to the convening of each regular session of the
				  legislature.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 9 - COMMUNITY RIGHT-TO-KNOW REQUESTS › Section 11-453-34 - Receiving and processing community right-to-know requests

Current through June, 2024
(a) To obtain information regarding a
				  specific hazardous chemical or extremely hazardous substance at a specific
				  facility, local emergency response plan, or notice regarding a reportable toxic
				  chemical release, a person shall submit a written request to the committee or
				  commission. The committee will have primary responsibility for processing such
				  requests. If a request is submitted to a committee, the committee is encouraged
				  to forward a copy of the request to the commission so commission staff can
				  coordinate a response to the request.
(b) The committee or commission shall respond
				  to a written request for information. The response shall advise the person
				  making the request of one of the following:
(1) The time and location at which the person
				  may inspect and copy the requested information;
(2) That additional information is needed to
				  process the request;
(3) That the
				  requested information is not available but the commission or committee will ask
				  the owner or operator of the facility to provide the information; or
(4) That the request is denied because:
(A) The requested information does not
				  exist;
(B) The owner or operator of
				  the facility is not required to provide the information; or
(C) The committee or. commission determined
				  that disclosing the information will impair its ability to protect public
				  health or safety and the public interest in nondisclosure outweighs the public
				  interest in disclosure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 9 - COMMUNITY RIGHT-TO-KNOW REQUESTS › Section 11-453-35 - Trade Secrecy Claims

Current through June, 2024
(a) Any person
				  asserting trade secrecy claims for chemical identity information collected
				  under this chapter shall follow the procedures established by the U.S.
				  Environmental Protection Agency described at title 40 Code of Federal
				  Regulations part 350 (Trade Secret Claims for Emergency Planning and Community
				  Right-to-Know Act Information: and Trade Secret Disclosures to Health
				  Professionals).
(b) A copy of the
				  redacted version of the documents, and a copy of page 1 of the accompanying
				  U.S. Environmental Protection Agency substantiation form, submitted to the U.S.
				  Environmental Protection Agency shall be submitted to the commission.
(c) Public petitions requesting disclosure of
				  chemical identity claimed as trade secret shall be made in accordance with
				  procedures described in title 40 Code of Federal Regulations section 350.15 and
				  350.16.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 10 - ENFORCEMENT › Section 11-453-36 - Violations

Current through June, 2024
(a) Whenever, on the basis of information
				  available, the commission finds that, any person has violated or is in
				  violation of the Hawaii Emergency Planning and Community Right-to-Know Act,
				  128E, HRS, or any rule or regulation adopted pursuant thereto, the commission:
(1) Shall cause written notice to be served
				  upon the alleged violator or violators. The notice shall specify the alleged
				  violation and may contain an order specifying a reasonable time during which
				  the facility shall submit the required reports, forms, and
				  notifications;
(2) May require the
				  alleged violator or violators to appear before the commission for a hearing at
				  a time and place specified in the notice or to be set later, and to answer the
				  charges complained of; and
(3) May
				  impose penalties as provided in section
				  128E-11, HRS
				  and section 11-453-37 by sending a written notice describing the violation,
				  either by certified mail or personal service, to the alleged violator or
				  violators. The exercise of any of the remedies provided in this subchapter
				  shall not preclude recourse to any other remedy so provided.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 10 - ENFORCEMENT › Section 11-453-37 - Penalties and fines

Current through June, 2024
(a) Any person who
				  violates any of the emergency reporting, planning, or notification requirements
				  of sections
				  128E-6,
				  and
				  128E-7,
				  HRS or rules or regulations adopted pursuant, or fails to pay the fees required
				  by section
				  128E-9, HRS and
				  section 11-453-32, Shall be subject to a civil penalty of not less than $1,000
				  but not more than $25,000 for each separate offense. Each day of each violation
				  shall constitute a separate offense.
(b) Any person who:
(1) Knowingly fails to report the release of
				  a hazardous substance or extremely hazardous substance, as required by section
				  128E-7,
				  HRS and section 11-453-23, shall be guilty of a misdemeanor and, upon
				  conviction, be fined not less than $1,000 but not more than $25,000 for each
				  separate offense, or imprisoned for not more than one year, or both. For the
				  purposes of this paragraph, each day of each violation shall constitute a
				  separate offense; or
(2)
				  Intentionally obstructs or impairs, by force, violence, physical interference,
				  or obstacle, a representative of the department, a hazardous materials response
				  team, or a committee attempting to perform the duties and functions set forth
				  in section
				  128E-5,
				  HRS and subchapter 3 shall be guilty of a misdemeanor and, upon conviction, be
				  fined not less than $5,000 but not more than $25,000 for each separate offense,
				  or be imprisoned for not more than one year, or both,