reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-45 - Load inspection requirements

Current through June, 2024
(a) Redemption
				  center staff shall visually inspect each load of containers for which value is
				  claimed to determine whether each load is eligible for refund value. A load of
				  materials shall be ineligible for any refund value if it meets any criterion
				  stated in chapter
				  342G-116, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-232-46 - Redemption by weight

Current through June, 2024
Redemption centers are allowed to redeem deposit beverage
					 containers and pay refund value based en the weight of these containers
					 presented for redemption, as follows:
(1) Empty beverage containers shall be
				  weighed, recorded, and reported in tons, pounds, and fractions thereof. All
				  weighing in this State shall be done on a scale or other device approved,
				  tested and sealed in accordance with department of agriculture weights and
				  measurements and applicable regulations.
(2) To be redeemed by weight, containers must
				  be segregated by material.
(3)
				  Refund values for each container material shall be posted and paid according to
				  the container per pound conversion rates issued by the department in section
				  11-282-61.
(4) Redemption centers
				  must inspect loads as required under section 11-282-45.
(5) If requested by a consumer, for loads of
				  two hundred containers or less, redemption centers must compute redemption
				  value by container count rather than by weight.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-47 - Obtain payment

Current through June, 2024
The department shall pay certified redemption centers
					 handling fees and refund values based on reports submitted by the redemption
					 centers to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 5 - RECYCLING FACILITIES › Section 11-282-51 - Load inspection requirements

Current through June, 2024
Recycling facilities may reject loads of deposit beverage
					 containers from redemption centers if the loads meet criteria stated in chapter
					 342G-116,
					 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 5 - RECYCLING FACILITIES › Section 11-282-52 - Reporting

Current through June, 2024
(a) Recycling facilities receiving deposit
				  beverage container material from redemption centers shall maintain records
				  involving empty beverage containers.
(b) Recycling facilities shall provide
				  documentation as to the fate of deposit beverage container material collected
				  from redemption centers.
(c)
				  Documentation shall include information on the end user and shall verify weight
				  and commodity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 6 - DEPARTMENT OF HEALTH REQUIREMENTS › Section 11-282-61 - Segregated rate

Current through June, 2024
(a) The method used to determine the
				  segregated rate is to calculate the average number of empty deposit beverage
				  containers per pound by material type. This shall include sampling procedures
				  that consider, at a minimum, the following factors:
(1) Weight by separately aggregated size
				  categories of containers (same size) in their original manufactured and
				  unfilled state.
(2) Weight by
				  variously mixed aggregated size of containers (different sizes) in their
				  original manufactured and unfilled state.
(3) The segregated rates for each material
				  type should incorporate a factor for typical contamination levels so refund
				  value and handling fees paid by weight are based on container weights only and
				  not contaminants.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 6 - DEPARTMENT OF HEALTH REQUIREMENTS › Section 11-282-62 - Redemption centers established by the department

Current through June, 2024
(a) If there
				  is no redemption center within two miles of a dealer due to the criteria
				  described in section 11-282-31, then the respective county shall determine the
				  need for a redemption center in that area. If a redemption center is deemed
				  necessary, then the county, with the assistance of the State, may establish the
				  redemption center with funding from the deposit beverage container deposit
				  special fund.
(b) The department
				  may negotiate, and pay, higher handling fees for redemption centers established
				  pursuant to this section."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-1 - Purpose

Current through June, 2024
The purpose of this chapter is to adopt rules governing
				  implementation of the Nursing Student Loan program authorized by chapter 321,
				  Hawai'i Revised Statutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
				  appears in the context;
"Department" means the department of health of the State of
				  Hawai'i;
"Director" means the director of health of the State of
				  Hawai'i or a duly authorized designate;
"Loan" mean a financial obligation owed to the department by
				  students who borrow money to pursue a nursing career,
"Loan advisory committee" means the committee formed by the
				  director to advise the director on the making of loans. Members of the loan
				  advisory committee may include officers and staff of the department,
				  representatives fro: Hawaii Nurses' Association, the Hawai'i chapter of the
				  American Organization of Nurse Executives, the University of Hawai'i, Hawai'i
				  Loa College, and the community colleges;
"Loan reserve fund" means moneys available to grant loans to
				  eligible applicants;
"Nursing student" means a student registered in an
				  accredited specialized nursing educational program as a full-t student as
				  defined by an accredited degree-granting university, college or nursing
				  institution in Hawai'i;
"NCLEX" means the licensing examination for the licensure of
				  nurses which is administered in the State in February and July of each
				  year,
"State" means the State of Hawai'i;
"Work" means employment for a minimum of seventy-two hours
				  per consecutive two-week period. Exceptions will be made for time taken off for
				  temporary disability insurance/workers compensation, pregnancy (limited to
				  three months), involuntary military duty; and personal leave limited to six
				  months.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-3 - Loan management

Current through June, 2024
The operation and implementation of the loan program shall
				  be conducted in accordance with the remaining sections of this chapter and a
				  loan fund management procedural guide. A copy of the loan fund management
				  procedural guide used by the administrator shall beat the department's building
				  in its most current form and available for inspection during normal business
				  hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-4 - Loan funds

Current through June, 2024
(a) The fund is implemented on the basis of
				an initial legislative appropriation of $250,000.
(b) The fund may also accept donations from
				any legitimate source, including federal and private grants and gifts from
				private foundations or endowment organizations. Donations will be received by
				the director for deposit in the fund.
(c) All interest and fees collected by the
				department shall be deposited in the fund to cover the administrative costs
				associated with operating the fund. All payments received on account of
				principal shall be credited to the fund to maintain a proper reserve to
				guarantee sufficient loans.
(d) All
				funds in the student nursing loan program shall lapse into the general fund at
				the close of business on June 30, 2000.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-5 - Purpose of loans

Current through June, 2024
(a) The department
				shall provide low interest loans to students who are studying to become
				licensed registered nurses or nurse practitioners and who intend to work in the
				State. The loan amount shall be used for:
(1)
				Payment of tuition; and
(2) Other
				necessary financial assistance in connection with obtaining a degree or
				certificate from an accredited degree-granting university, college or nursing
				institution in Hawai'i.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-6 - Eligibility requirements

Current through June, 2024
Consideration for loans under this chapter shall be extended
				  only to applicants who meet the following minimum requirements:
(1) The applicant is or plans to be a student
				pursuing a career as a registered nurse;
(2) The applicant has been accepted and is
				classified as a full-time nursing student by the applicant's respective
				school;
(3) The applicant has been
				a Hawai'i resident for at least one year prior to the date the applicant
				applies for a loan;
(4) The
				applicant has not previously graduated from a similar nursing program and is
				not repeating any nursing-related courses; and
(5) The applicant intends to become licensed
				and obtain employment as a registered nurse immediately upon graduation and
				work in Hawai'i for a minimum of three years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-7 - Application procedures

Current through June, 2024
(a) All persons
				applying for loans shall utilize the loan application form provided by the
				department upon request.
(b) The
				application form shall be submitted to the department at least ninety days
				prior to the start of the up academic semester.
(c) Applicants are required to submit a
				written confirmation from an accredited degree-granting university, college, or
				nursing institution in Hawai'i confirming the applicant is either a current
				student or will be commencing studies in the upcoming academic
				semester.
(d) In the event that no
				accredited specialized nursing educational programs are available in Hawai'i,
				the dir consultation with the loan advisory committee, shall give consideration
				for loan approval to fund training at an accredited degree-granting or
				certificate-granting university, college, or nursing institution outside the
				State of Hawai'i.
(e) Applicants
				shall submit official copies of their college transcripts to the department.
				(First term college students shall provide high school transcripts.)
(f) Applicants shall submit a written essay
				on the applicant's personal and professional goals using the form provided by
				the department.
(g) Applicants
				shall make a commitment, in a written notarized form provided by the
				department, to work as a registered nurse in Hawaii for a minimum of three
				years immediately following obtaining a license under chapter 457, Hawai'i
				Revised Statutes.
(h) At the
				discretion of the loan advisory committee, applicants may be subject to a
				credit verification and will be notified of this credit verification check when
				applying for the loan.
(i) The
				"Nursing Student Loan Program General Application Information and Instructions"
				comprised of the Application for Student Nursing Student Loan Application and
				the Notice of Intent, all dated 9/17/91, located at the end of this chapter,
				are made a part of this section.
(j) Only loan applications meeting all the
				requirements of this section shall be considered complete and eligible for
				review pursuant to this chapter. It shall be solely the applicant's
				responsibility to submit a completed loan application. Incomplete loan
				applications shall not be eligible for review.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-321-8 - Loan advisory committee

Current through June, 2024
(a) All completed
				loan applications shall be reviewed by the loan advisory committee.
(b) The loan advisory committee will meet on
				a semiannual basis, or as determined by the committee, to review loan
				applications.
(c) The loan advisory
				committee recommendations will be guided by the nature of studies, the
				applicant's past academic performance, and the assurance that the applicant
				will pursue work as a licensed registered nurse, or secondly, a career as a
				nurse practitioner in Hawai'i upon graduation. Should there be a limit in the
				amount of funds available, the applicant's financial need will also be
				considered.
(d) The loan advisory
				committee shall submit the completed loan applications and its recommendations
				to the director for final approval or disapproval.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-9 - Disapproval of loan applications

Current through June, 2024
The director may disapprove the loan application for any of
				  the following reasons:
(1) Applicant
				cannot meet certain practical credit requirements established by the loan
				advisory committee;
(2) Applicant's
				moral character is questionable as determined by the loan advisory committee;
				or
(3) Applicant fails to meet
				other criteria deemed necessary by the loan advisory committee in justifying or
				granting a loan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-10 - Notification of approval or disapproval

Current through June, 2024
(a) Applicants will
				be notified in writing of their approval or disapproval for the loan request at
				least thirty days prior to the upcoming academic semester.
(b) For approved applicants, warrants will be
				issued directly to the recipient at least ten days prior to the start of the
				upcoming academic semester.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-11 - Maximum loan amount; loan terms and restrictions

Current through June, 2024
(a) The
				maximum individual loan amount shall not exceed $10,000 per recipient for any
				one academic year.
(b) The director
				shall determine the extent and kinds of security required for each loan, if
				any.
(c) No loan shall be granted
				for a period exceeding five years. The following guidelines shall be used by
				the department in establishing loan terms:
(1) All loans shall be made before June 30,
				1995.
(2) All repayments of loans
				shall be made before the close of business on June 30, 2000, at which time the
				funds from the nursing student loan program shall lapse into the general
				fund.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-12 - Repayment

Current through June, 2024
(a) Repayment of the loan shall commence
				twelve months after the recipient has graduated, been licensed, and has
				obtained employment as a registered nurse in Hawaii.
(b) Loan recipients shall have their
				outstanding repayment obligation reduced by twenty percent per year for each
				year they work as a registered nurse in Hawaii. Recipients shall submit a
				letter from the recipient's employer by January 31 of each year, or as
				requested by the director, to confirm the recipient is emp directly providing
				or supervising clinical care with an institution or organization in
				Hawaii
(c) Recipients who meet the
				criteria in sub-section (h) of this section may defer repayment of the
				outstanding loan amount each year they are employed as a licensed registered
				nurse directly providing or supervising clinical care with an institution or
				organization in Hawaii If the recipient requires time off from work due to
				temporary disability insurance/ workers' compensation, pregnancy (limited to
				three months), personal emergency (limited to six months), or involuntary
				military duty, the repayment period will be deferred and added to the end of
				the loan repayment period.
(d)
				Repayment of loans shall commence immediately under the following conditions.
				The recipient:
(1) Withdraws from nursing
				studies prior to graduation;
(2)
				Graduates but does not seek employment;
(3) Graduates and becomes employed in the
				State in a profession other than as a registered nurse; or
(4) Graduates and becomes employed in any
				field outside of the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 351 - NURSING STUDENT LOAN PROGRAM › Section 11-351-13 - Default

Current through June, 2024
Loans that are three installments in arrears shall be
				  considered in default The recipient shall also be considered to be in default
				  for failure to comply with any term or condition of the loan authorization or
				  agreement If the recipient is in default, the whole of the loan, at the option
				  of the director, shall become due and payable. Any expense incurred by the
				  department for recovering of moneys shall be borne by the
				  recipient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 1 - INTRODUCTION › Section 11-451-2 - Applicability

Current through June, 2024
(a) These regulations are applicable to
				  hazardous substances, pollutants, or contaminants, any release of hazardous
				  substances, pollutants, or contaminants in quantities equal to or exceeding
				  their reportable quantities, or any release or threat of release of hazardous
				  substances, pollutants, or contaminants which poses or which may pose a
				  substantial endangerment to public health or welfare, the environment, or
				  natural resources, and all actions taken pursuant to chapter 128D, HRS, or
				  these rules.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 2 - NOTIFICATION OF RELEASES › Section 11-451-4 - Discovery and notification

Current through June, 2024
(a) A release may
				  be discovered through:
(1) Notification in
				  accordance with section 11-451-7;
(2) Discovery or investigation by government
				  authorities;
(3) Inventory or
				  survey efforts, environmental assessments or investigations, and random or
				  incidental observation by government agencies, private contractors, the public,
				  or other persons; or
(4) Other
				  sources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 2 - NOTIFICATION OF RELEASES › Section 11-451-5 - Designation of hazardous Substances

Current through June, 2024
(a) This section
				  designates the hazardous substances which are subject to the notification
				  requirements contained in section 11-451-7.
(b) Listed hazardous substances. The
				  following are listed hazardous substances under this chapter:
(1) The list of elements, compounds, and
				  hazardous substances contained in Title 40 of the Code of Federal Regulations
				  (40 C.F.R.) Part 355, Appendices A and B, revised as of July 1, 1993;
(2) The list of elements, compounds, and
				  hazardous substances contained in Part 302, Table 302.4 of 40 C.F.R., revised
				  as of July 1, 1993;
(3)
				  Trichloropropane; and
(4)
				  oil.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 2 - NOTIFICATION OF RELEASES › Section 11-451-6 - Determination of reportable quantities

Current through June, 2024
(a) Purpose. This
				  section establishes the reportable quantities for those hazardous substances
				  designated pursuant to section 11-451-5.
(b) Reportable quantities for listed
				  hazardous substances. Listed hazardous substances designated under section
				  11-451-5(b), have the following reportable quantities:
(1) The reportable quantities contained in 40
				  C.F.R. Part 355, Appendices A and B, as of July 1, 1993;
(2) The reportable quantities contained in 40
				  C.F.R. Part 302, Table 302.4, as of July 1, 1993;
(3) The reportable quantities contained in 58
				  Federal Register 54840, Table 302.4;
(4) 10 pounds for trichloropropane;
				  and
(5) For oil:
(A) Any amount of oil which when released
				  into the environment causes a sheen to appear on surface water, or any
				  navigable water of the State;
(B)
				  Any free product that appears on ground water;
(C) Any amount of oil released to the
				  environment greater than 25 gallons; and
(D) Any amount of oil released to the
				  environment which is less than 25 gallons, but which is not contained and
				  remedied within 72 hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 2 - NOTIFICATION OF RELEASES › Section 11-451-7 - Notification requirements

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to describe the notification process which shall be
				  followed when there is a release of a hazardous substance that meets or exceeds
				  a reportable quantity. The purpose of the notification process is to ensure
				  that the appropriate organizations are notified of releases of hazardous
				  substances that present or may present a substantial danger to the public
				  health or welfare, the environment, or natural resources.
(b) Initial notification. Any person in
				  charge of a facility or vessel shall immediately notify the organizations
				  listed in subsection (c), by telephone or in person, of any release from such
				  facility or vessel occurring on or after the effective date of these rules of:
(1) A listed hazardous substance designated
				  under section 11-451-5(b), in quantities equal to or exceeding the reportable
				  quantity criteria in section 11-451-6(b) in any 24-hour period, except that for
				  releases of oil of less than 25 gallons in any 24-hour period which is not
				  contained and remedied within 72-hours need only be reported pursuant to
				  paragraph (e) of this section;
(2)
				  An unlisted hazardous substance designated under section 11-451-5(c), in
				  quantities equal to or exceeding the reportable quantity criteria in section
				  11-451-6(c) in any 24-hour period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-8 - General

Current through June, 2024
(a) Purpose. This subchapter establishes
				  procedural requirements that the department shall follow or require another
				  person to follow when hazardous substance, pollutant, or contaminant that may
				  pose a substantial endangerment to public health or welfare, the environment,
				  or natural resources, including:
(1) Methods
				  and criteria for determining the appropriate extent and type of response
				  actions authorized by chapter 1280, HRS;
(2) Procedures for gathering sufficient
				  information to characterize a release or threat of release;
(3) Procedures to identify and analyze
				  potential response options;
(4)
				  Procedures for implementing removal or remedial actions; and
(5) Procedures the department shall follow in
				  selecting remedial actions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-9 - Criteria for listing and prioritization of facilities or vessels

Current through June, 2024
(a) The purpose of this section is to define
				  the criteria for listing and prioritizing sites for response actions pursuant
				  to this chapter.
(b) Criteria for
				  listing of sites. In developing the list of sites, which will be published and
				  revised at least annually by the department, for the purpose of identifying
				  those sites subject to this chapter and 128D, HRS, the department shall
				  identify those sites:
(1) That have not been
				  adequately characterized to determine if they present a substantial
				  endangerment to public health or welfare, the environment, or natural
				  resources; or
(2) For which the
				  department has determined removal or remedial action may be appropriate,
				  pursuant to sections
				  128D-7(b) and
				  (c), HRS.
In identifying the subject sites the department shall
					 consider the following minimum hazard threshold criteria:
(A) Actual or probable release to ground
				  water which is a drinking water supply;
(B) Actual or probable release to surface
				  water which is a drinking water supply;
(C) Actual or probable release to air that
				  poses a threat to public health;
(D) Actual or probable release to and
				  extensive contamination of soil that poses a direct contact hazard due to
				  uncontrolled facility access;
(E)
				  Actual or probable existence of uncontrolled hazardous substances, pollutants,
				  or contaminants, such as leaking containers or impoundments, that pose a direct
				  contact hazard due to uncontrolled facility access;
(F) Actual or probable adverse impact to
				  natural resources;
(G) Actual or
				  probable imminent danger of fire or explosion; or
(H) A determination by the director that a
				  facility or vessel poses a substantial endangerment to public health or
				  welfare, the environment, or natural resources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-10 - Criteria for no further action

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-11 - Assessment of Facilities or Vessels

Current through June, 2024
(a) Purpose. The
				  purpose of the assessment is to collect preliminary data, and evaluate the
				  degree of hazard a release or threat of a release poses to public health or
				  welfare, the environment, or natural resources. In addition, in order to
				  accelerate response action, data collected during this phase of response may
				  provide the basis for the selection of a removal or remedial action, should the
				  department determine that such action is warranted. The goal of the process is
				  to:
(1) Eliminate from further action those
				  facilities or vessels that do not pose a substantial endangerment to the public
				  health or welfare, the environment, or natural resources; or
(2) Determine if a facility or vessel may
				  meet one or more of the minimum hazard threshold criteria contained in section
				  11-451-9(b), and therefore, taking additional response actions is
				  appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-12 - Determination of appropriate response action

Current through June, 2024
(a) Purpose. This
				  section identifies some of the factors which may be considered by the director
				  in determining whether the response action required at a site should be a
				  removal or remedial action.
(b)
				  Factors for determination of appropriate response action. The director may
				  consider a number of factors including but not limited to:
(1) The immediacy of the threat;
(2) Planning time (including site
				  characterization);
(3)
				  Implementation time;
(4) The degree
				  of risk to public health or welfare, the environment, or natural resources,
				  including but not limited to:
(A) Actual or
				  potential exposure to nearby human populations, animals or the food chain from
				  hazardous substances or pollutants or contaminants;
(B) Actual or potential contamination of
				  drinking water supplies or sensitive ecosystems;
(C) Hazardous substances, pollutants, or
				  contaminants in drums, barrels, tanks, or other bulk storage containers, that
				  pose or may pose a threat of release;
(D) High levels of hazardous substances,
				  pollutants, or contaminants in soils largely at or near the surface, that may
				  migrate;
(E) Weather conditions
				  that may cause a release of hazardous substances, pollutants, or contaminants
				  to migrate or be released; and
(F)
				  Threat of fire or explosion;
(5) Cost, including the extent to which
				  deferral from removal to remedial will result in increased cost or increased
				  risk to public health or welfare, the environment, or natural
				  resources;
(6) Community
				  interest;
(7) Site
				  complexity;
(8) The availability of
				  other appropriate federal, state, county, or private response mechanisms to
				  respond to the release; and
(9)
				  other situations or factors that may pose an imminent and substantial
				  endangerment to public health or welfare, the environment, or natural
				  resources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-13 - Removal actions

Current through June, 2024
(a) Review of
				  existing information. If the department determines that a removal action may be
				  appropriate, the department shall review or require to be reviewed, all
				  existing assessments of the facility or vessel, including any assessment
				  conducted under section 11-451-11, to enable the department to determine if
				  sufficient information is available to select the appropriate removal action.
				  Based on the available information, only the most qualified technologies that
				  apply to the media or source of contamination should be considered.
(b) Information to select removal actions. If
				  the department determines that sufficient information is not available to
				  select the appropriate removal action, and the exigencies of the situation do
				  not allow for an assessment pursuant to section 11-451-11, the department shall
				  collect or require to be collected, information sufficient to supplement any
				  existing information and enable the department to select an appropriate removal
				  action. This information should at a minimum address the following:
(1) Identification of the source and nature
				  of the release or threat of release;
(2) Identification of the magnitude of the
				  threat to public health or welfare, the environment, or natural
				  resources;
(3) Information
				  necessary to determine whether a removal is appropriate; and
(4) Information necessary to determine
				  whether another party is undertaking the proper response action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-15 - Remedial action development and selection

Current through June, 2024
(a) Purpose
				  and goal. The purpose of the remedial action selection process is to select
				  remedial actions that eliminate, reduce, prevent, minimize, mitigate, or
				  control risks to public health or welfare, the environment, or natural
				  resources. The goal of the process is to select remedial actions that provide
				  for efficient, cost effective, and long-term reliable solutions which are
				  protective of public health or welfare, the environment, or natural
				  resources.
(b) Developing remedial
				  action alternatives. Alternatives shall be developed that protect public health
				  or welfare, the environment, or natural resources by recycling waste or by
				  eliminating, reducing or controlling risks posed by a site. The number and type
				  of alternatives to be analyzed shall be determined at each site, taking into
				  account the scope, characteristics, and complexity of the site problem that is
				  being addressed. As appropriate, in developing the alternatives, the department
				  shall establish or require to be established acceptable cleanup levels that are
				  protective of public health or welfare, the environment. or natural resources
				  by considering the following;
(1) Applicable
				  requirements, if available;
(2) For
				  systemic toxicants, acceptable cleanup levels shall represent concentration
				  levels to which the human population, including sensitive subgroups, may be
				  exposed without adverse effect during a lifetime or part of a lifetime,
				  incorporating an adequate margin of safety;
(3) For known or suspected carcinogens,
				  acceptable cleanup levels are generally concentration levels that represent an
				  excess upper bound lifetime cancer risk to an individual of between
				  10-6and 10-6 using
				  information on the relationship between dose and response. The
				  10-6 risk level shall be used as the point of
				  departure for determining acceptable cleanup levels for alternatives when
				  chemical specific state or federal requirements are not available or are not
				  sufficiently protective because of the presence of multiple contaminants at a
				  site or multiple pathways of exposure;
(4) the findings of the natural resource
				  assessment conducted to address impacts to ecological receptors.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 3 - HAZARDOUS SUBSTANCE RESPONSE › Section 11-451-16 - Remedial design and remedial action

Current through June, 2024
(a) Scope. The
				  remedial design and remedial action phase includes the actual design and
				  construction and implementation of the final remedy selected and documented in
				  the final response action memorandum.
(b) Conformance with response action
				  selected. All RD/RA activities shall be conducted in conformance with the
				  response action selected and set forth in the response action memorandum for
				  the facility or vessel.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 4 - NATURAL RESOURCES › Section 11-451-17 - Natural resources

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to describe the activities that the natural
				  resources trustee for the state may conduct to fulfill the trustee's duties and
				  responsibilities under this chapter.
(b) Duties and responsibilities of the
				  natural resource trustee. Upon notification or discovery of injury to, loss of,
				  or threat to natural resources, the natural resource trustee shall act on
				  behalf of the public to initiate claims for and recover damages to those
				  natural resources. The natural resources trustee shall request that the
				  attorney general seek compensation from the potentially responsible parties for
				  the costs of natural resource damages, injury, destruction or loss, which may
				  include but are not limited to the following costs:
(1) The cost of restoration planning,
				  restoring, rehabilitating, replacing, or acquiring the equivalent of, the
				  damaged natural resources;
(2) The
				  diminution in value of those natural resources pending restoration;
				  and
(3) The cost of assessing
				  natural resource damages.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 5 - PARTICIPATION BY OTHER PERSONS › Section 11-451-18 - Activities by other persons

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 6 - ADMINISTRATIVE RECORDS › Section 11-451-19 - Establishment and content of administrative records

Current through June, 2024
(a) The
				  purpose of this subchapter is to establish guidelines for the contents of
				  administrative records; the location of the administrative records; when the
				  department shall establish administrative records; and the procedures by which
				  the public, potentially responsible parties, and other persons may comment on
				  administrative records.
(b) Content
				  of administrative records for response action selection. The department shall
				  establish administrative records that contain the documents that form the basis
				  for the selection of a response action. The department shall compile and
				  maintain administrative records in accordance with this section.
(1) The administrative record for the
				  selection of a response action may contain the following types of documents:
(A) Documents containing factual information,
				  data and analysis of the factual information, and data that may form the basis
				  for the selection of a response action;
(B) Guidance documents, technical literature,
				  and site-specific policy memoranda that may form the basis for the selection of
				  the response action;
(C) Documents
				  received, published, or made available to the public under section 11-451-20
				  for remedial actions, or section 11-451-21 for removal actions;
(D) Decision documents, including response
				  action memorandums and removal action reports;
(E) Orders issued, or enforceable agreements
				  which the department and potentially responsible parties enter into pursuant to
				  this chapter; and
(F) An index of
				  the documents included in the administrative record file. If documents are
				  customarily grouped together, as with sampling data chain of custody documents,
				  they may be listed as a group in the index to the administrative record
				  file.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 6 - ADMINISTRATIVE RECORDS › Section 11-451-20 - Public inspection of and public comment on administrative records for remedial actions

Current through June, 2024
(a) Availability.
				  The administrative record for the selection of a remedial action shall be made
				  available for public inspection when the draft response action memorandum is
				  made public or issued pursuant to section 11-451-15(i).
(b) Public comment period. The department
				  shall provide a public comment period pursuant to section 11-451-15(i) so that
				  interested persons may submit comments on the draft response action memorandum.
				  All timely written and oral comments on the draft response action memorandum
				  will be included in the administrative record. Documents generated or received
				  after the response action memorandum is signed shall be added to the
				  administrative record only as provided in section 11-451-22.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 6 - ADMINISTRATIVE RECORDS › Section 11-451-21 - Public inspection of and public comment on administrative records for removal actions

Current through June, 2024
(a) Availability.
				  The administrative record for those removal actions requiring public
				  participation activities pursuant to section 11-451-13, shall be made available
				  for public inspection no later than 60 days after initiation of on-site removal
				  activity.
(b) Public comment. The
				  department shall provide or require to be provided, a public comment period
				  pursuant to section 11-451-13, so that interested persons may submit comments
				  on the removal action. All timely written and oral comments on the removal
				  action will be included in the administrative record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 6 - ADMINISTRATIVE RECORDS › Section 11-451-22 - Record requirements after the decision document has been finalized

Current through June, 2024
(a) Addition of documents to the
				  administrative record. The department may add documents to the administrative
				  record after the decision document selecting the response action has been
				  signed if the documents concern a portion of a response action decision that
				  the decision document does not address or defers to be decided at a later
				  date.
(b) Additional public comment
				  periods. The department may hold additional public comment periods or extend
				  the time for the submission of public comment after a decision document has
				  been signed on any issues concerning selection of the response action. All
				  additional comments submitted during such comment periods that are responsive
				  to the request, and any response to these comments, along with documents
				  supporting the request and any final decision with respect to the issue, shall
				  be placed in the administrative record.
(c) Consideration of additional public
				  comments. The department shall consider comments submitted by interested
				  persons after the close of the public comment period only to the extent that
				  the comments contain significant information not contained elsewhere in the
				  administrative record which could not have been submitted during the public
				  comment period and which substantially supports the need to significantly alter
				  the response action. All such comments and any responses thereto shall be
				  placed in the administrative record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 6 - ADMINISTRATIVE RECORDS › Section 11-451-23 - Supplementation of administrative records for orders

Current through June, 2024
(a)
				  Supplementation by person receiving an order. The administrative record for an
				  order may be supplemented, by the person receiving the order, with other
				  documents, writings, or material within thirty days after receipt of the
				  order.
(b) Supplementation by
				  proceedings. In the sole discretion of the director, the administrative record
				  may be supplemented further by a proceeding in which testimony and other
				  evidence may be received.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 451 - STATE CONTINGENCY PLAN › Subchapter 7 - ENTRY AND ACCESS › Section 11-451-24 - Entry and access

Current through June, 2024
(a) Pursuant to
				  section
				  128D-4,
				  HRS, for purposes of determining the need for response, or choosing or taking a
				  response action, or otherwise enforcing the provisions of chapter 128D, HRS,
				  the department may enter any facility or vessel, establishment, property, or
				  other place or location described in paragraphs (1),(2),(3), or (4) to conduct,
				  complete, operate, or maintain any response actions authorized by chapter 128D,
				  HRS. The department may, upon reasonable notice and at reasonable times, enter:
(1) Any facility or vessel, establishment,
				  property, or other place or location where any hazardous substance, pollutant,
				  or contaminant may be or has been generated, stored, treated, disposed of, or
				  transported from;
(2) Any facility
				  or vessel, establishment, property or other place or location from which, or to
				  which, a hazardous substance, pollutant, or contaminant has been, or may have
				  been, released or where such release is or may be threatened;
(3) Any facility or vessel, establishment,
				  property or other place or location where entry is necessary to determine the
				  need for response or the appropriate response or to effectuate a response
				  action; or
(4) Any facility or
				  vessel, establishment, property or other place or location adjacent to those
				  facilities or vessels, establishments, properties or other places or locations
				  described in paragraphs (1),(2), or (3).