Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 1 - INTRODUCTION › Section 11-451-1 - Objective

Current through June, 2024
(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.