reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-103 - Standby trust fund

Current through June, 2024
(a) An owner or
				  operator using any one of the mechanisms authorized by section 11-280.1-96,
				  11-280.1-98, or 11-280.1-99 must establish a standby trust fund when the
				  mechanism is acquired. The trustee of the standby trust fund must be an entity
				  that has the authority to act as a trustee and whose trust operations are
				  regulated and examined by a federal agency or an agency of the state in which
				  the fund is established.
(b)
(1) The standby trust agreement, or trust
				  agreement, must be worded as follows, except that instructions in brackets are
				  to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
Trust agreement, the "Agreement," entered into as of [date]
					 by and between [name of the owner or operator], a [name of state] [insert:
					 "corporation", "partnership", "association", or "proprietorship"], the
					 "Grantor," and [name of corporate trustee], [insert: "Incorporated in the State
					 of ____" or "a national bank"), the "Trustee".
Whereas, the Hawaii state department of health has
					 established certain regulations applicable to the Grantor, requiring that an
					 owner or operator of an underground storage tank shall provide assurance that
					 funds will be available when needed for corrective action and third-party
					 compensation for bodily injury and property damage caused by sudden and
					 nonsudden accidental releases arising from the operation of the underground
					 storage tank. The attached Schedule A lists the number of tanks at each
					 facility and the name(s) and address(es) of the facility(ies) where the tanks
					 are located that are covered by the [insert "standby" where trust agreement is
					 standby trust agreement] trust agreement;
[Whereas, the Grantor has elected to establish [insert
					 either "a guarantee", "surety bond", or "letter of credit"] to provide all or
					 part of such financial assurance for the underground storage tanks identified
					 herein and is required to establish a standby trust fund able to accept
					 payments from the instrument (This paragraph is only applicable to the standby
					 trust agreement.)];
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
(a) The term
				  "Grantor" means the owner or operator who enters into this Agreement and any
				  successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who
				  enters into this Agreement and any successor Trustee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-106 - Local government guarantee

Current through June, 2024
(a) A local
				  government owner or operator may satisfy the requirements of section
				  11-280.1-93 by obtaining a guarantee that conforms to the requirements of this
				  section. The guarantor must be a local government having a "substantial
				  governmental relationship" with the owner or operator and issuing the guarantee
				  as an act incident to that relationship. A local government acting as the
				  guarantor must:
(1) Demonstrate that it meets
				  the bond rating test requirement of section 11-280.1-104 and deliver a copy of
				  the chief financial officer's letter as contained in section 11-280.1-104(d)
				  and (e) to the local government owner or operator;
(2) Demonstrate that it meets the worksheet
				  test requirements of section 11-280.1-105 and deliver a copy of the chief
				  financial officer's letter as contained in section 11-280.1-105(c) to the local
				  government owner or operator; or
(3) Demonstrate that it meets the local
				  government fund requirements of section 11-280.1-107(1), (2), or (3), and
				  deliver a copy of the chief financial officer's letter as contained in section
				  11-280.1-107 to the local government owner or operator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-108 - Substitution of financial assurance mechanisms by owner or operator

Current through June, 2024
(a) An owner or operator may substitute any
				  alternate financial assurance mechanisms as specified in this subchapter,
				  provided that at all times the owner or operator maintains an effective
				  financial assurance mechanism or combination of mechanisms that satisfies the
				  requirements of section 11-280.1-93.
(b) After obtaining alternate financial
				  assurance as specified in this subchapter, an owner or operator may cancel a
				  financial assurance mechanism by providing notice to the provider of financial
				  assurance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-109 - Cancellation or nonrenewal by a provider of financial assurance

Current through June, 2024
(a) Except as otherwise provided, a provider
				  of financial assurance may cancel or fail to renew an assurance mechanism by
				  sending a notice of termination by certified mail to the owner or operator.
(1) Termination of a local government
				  guarantee, a guarantee, a surety bond, or a letter of credit may not occur
				  until one hundred twenty days after the date on which the owner or operator
				  receives the notice of termination, as evidenced by the return receipt.
(2) Termination of insurance or
				  risk retention coverage, except for non-payment or misrepresentation by the
				  insured, may not occur until sixty days after the date on which the owner or
				  operator receives the notice of termination, as evidenced by the return
				  receipt. Termination for non-payment of premium or misrepresentation by the
				  insured may not occur until a minimum of ten days after the date on which the
				  owner or operator receives the notice of termination, as evidenced by the
				  return receipt.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-110 - Reporting by owner or operator

Current through June, 2024
(a) An owner or
				  operator must submit the appropriate forms listed in section 11-280.1-111(b)
				  documenting current evidence of financial responsibility to the director:
(1) Within thirty days after the owner or
				  operator identifies a release from an underground storage tank or tank system
				  required to be reported under section 11-280.1-53 or 11-280.1-61;
(2) If the owner or operator fails to obtain
				  alternate coverage as required by this subchapter, within thirty days after the
				  owner or operator receives notice of:
(A)
				  Commencement of a voluntary or involuntary proceeding under Title 11
				  (Bankruptcy), U.S. Code, naming a provider of financial assurance as a
				  debtor;
(B) Suspension or
				  revocation of the authority of a provider of financial assurance to issue a
				  financial assurance mechanism;
(C)
				  Failure of a guarantor to meet the requirements of the financial test;
				  or
(D) Other incapacity of a
				  provider of financial assurance; or
(3) As required by sections 11-280.1-95(g)
				  and 11-280.1-109(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-112 - Drawing on financial assurance mechanisms

Current through June, 2024
(a) Except as
				  specified in subsection (d), the director shall require the guarantor, surety,
				  or institution issuing a letter of credit to place the amount of funds
				  stipulated by the director, up to the limit of funds provided by the financial
				  assurance mechanism, into the standby trust if:
(1)
(A) The
				  owner or operator fails to establish alternate financial assurance within sixty
				  days after receiving notice of cancellation of the guarantee, surety bond,
				  letter of credit, or, as applicable, other financial assurance mechanism; and
(B) The director determines or
				  suspects that a release from an underground storage tank or tank system covered
				  by the mechanism has occurred and so notifies the owner or operator or the
				  owner or operator has notified the director pursuant to subchapter
				  5 or
				  6 of a release from an underground
				  storage tank or tank system covered by the mechanism; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-113 - Release from the requirements

Current through June, 2024
An owner or operator is no longer required to maintain
					 financial responsibility under this subchapter for an underground storage tank
					 or tank system after the tank or tank system has been permanently closed or
					 undergoes a change-in-service or, if release response action is required, after
					 release response action has been completed and the tank or tank system has been
					 permanently closed or undergoes a change-in-service as required by subchapter
					 7.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-114 - Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Current through June, 2024
(a) Within ten days
				  after commencement of a voluntary or involuntary proceeding under Title 11
				  (Bankruptcy), U.S. Code, naming an owner or operator as. debtor, the owner or
				  operator must notify the director by certified mail of such commencement and
				  submit the appropriate forms listed in section 11-280.1-111(b) documenting
				  current financial responsibility.
(b) Within ten days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming a guarantor providing financial assurance as debtor, such guarantor must
				  notify the owner or operator by certified mail of such commencement as required
				  under the terms of the guarantee specified in section 11-280.1-96.
(c) Within ten days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming a local government owner or operator as debtor, the local government
				  owner or operator must notify the director by certified mail of such
				  commencement and submit the appropriate forms listed in section 11-280.1-111(b)
				  documenting current financial responsibility.
(d) Within ten days after commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming a guarantor providing a local government financial assurance as debtor,
				  such guarantor must notify the local government owner or operator by certified
				  mail of such commencement as required under the terms of the guarantee
				  specified in section 11-280.1-106.
(e) An owner or operator who obtains
				  financial assurance by a mechanism other than the financial test of
				  self-insurance will be deemed to be without the required financial assurance in
				  the event of a bankruptcy or incapacity of its provider of financial assurance,
				  or a suspension or revocation of the authority of the provider of financial
				  assurance to issue a guarantee, insurance policy, risk retention group coverage
				  policy, surety bond, or letter of credit. The owner or operator must obtain
				  alternate financial assurance as specified in this subchapter within thirty
				  days after receiving notice of such an event. If the owner or operator does not
				  obtain alternate coverage within thirty days after such notification, the owner
				  or operator must notify the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-115 - Replenishment of guarantees, letters of credit, or surety bonds

Current through June, 2024
(a) If at any time after a standby trust is
				  funded upon the instruction of the director with funds drawn from a guarantee,
				  local government guarantee with standby trust, letter of credit, or surety
				  bond, and the amount in the standby trust is reduced below the full amount of
				  coverage required, the owner or operator shall by the anniversary date of the
				  financial mechanism from which the funds were drawn:
(1) Replenish the value of financial
				  assurance to equal the full amount of coverage required; or
(2) Acquire another financial assurance
				  mechanism for the amount by which funds in the standby trust have been
				  reduced.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 9 - LENDER LIABILITY › Section 11-280.1-200 - Definitions

Current through June, 2024
(a) UST technical standards, as used in this
				  subchapter, refers to the UST preventative and operating requirements under
				  subchapters
				  2,
				  3,
				  4,
				  7, and
				  10 and section 11-280.1-50.
(b) Petroleum production, refining, and
				  marketing.
(1) "Petroleum production" means
				  the production of crude oil or other forms of petroleum (as defined in section
				  11-280.1-12) as well as the production of petroleum products from purchased
				  materials.
(2) "Petroleum refining"
				  means the cracking, distillation, separation, conversion, upgrading, and
				  finishing of refined petroleum or petroleum products.
(3) "Petroleum marketing" means the
				  distribution, transfer, or sale of petroleum or petroleum products for
				  wholesale or retail purposes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 9 - LENDER LIABILITY › Section 11-280.1-210 - Participation in management

Current through June, 2024
(a) The term
				  "participating in the management of an UST or UST system" means that the holder
				  is engaging in decisionmaking control of, or activities related to, operation
				  of the UST or UST system, as defined in this section. Actions that are
				  participation in management:
(1)
				  Participation in the management of an UST or UST system means, for purposes of
				  this subchapter, actual participation by the holder in the management or
				  control of decisionmaking related to the operation of an UST or UST system.
				  Participation in management does not include the mere capacity or ability to
				  influence or the unexercised right to control UST or UST system operations. A
				  holder is participating in the management of the UST or UST system only if the
				  holder either:
(A) Exercises decisionmaking
				  control over the operational (as opposed to financial or administrative)
				  aspects of the UST or UST system, such that the holder has undertaken
				  responsibility for all or substantially all of the management of the UST or UST
				  system; or
(B) Exercises control at
				  a level comparable to that of a manager of the borrower's enterprise, such that
				  the holder has assumed or manifested responsibility for the overall management
				  of the enterprise encompassing the day-to-day decisionmaking of the enterprise
				  with respect to all, or substantially all, of the operational (as opposed to
				  financial or administrative) aspects of the enterprise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 9 - LENDER LIABILITY › Section 11-280.1-220 - Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located

Current through June, 2024
Ownership of an UST or UST system or facility or property
					 on which an UST or UST system is located. A holder is not an "owner" of a
					 petroleum UST or UST system or facility or property on which a petroleum UST or
					 UST system is located for purposes of compliance with the UST technical
					 standards as defined in section 11-280.1-200(a), the UST release response and
					 corrective action requirements under sections 11-280.1-51 to 11-280.1-67, and
					 the UST financial responsibility requirements under sections 11-280.1-90 to
					 11-280.1-111, provided the person:
(1)
				  Does not participate in the management of the UST or UST system as defined in
				  section 11-280.1-210; and
(2) Does
				  not engage in petroleum production, refining, and marketing as defined in
				  section 11-280.1-200(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-240 - General requirement for all UST systems

Current through June, 2024
All owners and operators of UST systems must ensure they
					 have designated Class A, Class B, and Class C operators who meet the
					 requirements of this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-241 - Designation of Class A, B, and C operators

Current through June, 2024
(a) UST system
				  owners and operators must designate:
(1) At
				  least one Class A and one Class B operator for each UST or group of USTs at a
				  facility; and
(2) Each individual
				  who meets the definition of Class C operator at the UST facility as a Class C
				  operator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-242 - Requirements for operator training

Current through June, 2024
UST system owners and operators must ensure Class A, Class
					 B, and Class C operators meet the requirements of this section. Any individual
					 designated for more than one operator class must successfully complete the
					 required training program or comparable examination according to the operator
					 classes in which the individual is designated.
(1) Class A operators. Each designated Class
				  A operator must either be trained in accordance with subparagraphs (A) and (B)
				  or pass a comparable examination in accordance with paragraph (5).
(A) At a minimum, the training must teach the
				  Class A operators about the purpose, methods, and function of:
(i) Spill and overfill prevention;
(ii) Release detection;
(iii) Corrosion protection;
(iv) Emergency response;
(v) Product and equipment compatibility and
				  demonstration;
(vi) Financial
				  responsibility;
(vii) Notification
				  and permitting;
(viii) Temporary
				  and permanent closure;
(ix)
				  Reporting, recordkeeping, testing, and inspections;
(x) Environmental and regulatory consequences
				  of releases; and
(xi) Training
				  requirements for Class B and Class C operators.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-243 - Timing of operator training

Current through June, 2024
(a) An owner and
				  operator must ensure that designated Class A, Class B, and Class C operators
				  meet the requirements in section 11-280.1-242.
(b) Class A and Class B operators designated
				  on or after the effective date of these rules must meet requirements in section
				  11-280.1-242 within thirty days of assuming duties.
(c) Class C operators designated after the
				  effective date of these rules must be trained before assuming duties of a Class
				  C operator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-244 - Retraining

Current through June, 2024
(a) Class A and class B operators shall be
				  retrained every five years. Class C operators shall be retrained every three
				  hundred sixty-five days.
(b) Class
				  A and Class B operators of UST systems determined by the department to be out
				  of compliance must complete a training program or comparable examination in
				  accordance with requirements in section 11-280.1-242. The training program or
				  comparable examination must be developed or administered by the department or
				  an independent organization. An UST or tank system is out of compliance if the
				  system:
(1) Meets any of the delivery
				  prohibition criteria outlined in section 11-280.1-429; or
(2) Is in significant violation of other
				  requirements, such as temporary or permanent closure, tank registration, or
				  financial responsibility, as determined by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 10 - OPERATOR TRAINING › Section 11-280.1-245 - Documentation

Current through June, 2024
Owners and operators of underground storage tank systems
					 must maintain a list of designated Class A, Class B, and Class C operators and
					 maintain records verifying that training and retraining, as applicable, have
					 been completed, in accordance with section 11-280.1-34 as follows:
(1) The list must:
(A) Identify all Class A, Class B, and Class
				  C operators currently designated for the facility; and
(B) Include names, class of operator trained,
				  date assumed duties, date each completed initial training, and any
				  retraining.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-323 - Permit required

Current through June, 2024
(a) No person shall
				  install or operate an UST or tank system without first obtaining a permit from
				  the director.
(b) The director
				  shall approve an application for a permit only if the applicant has submitted
				  sufficient information to the satisfaction of the director that the technical,
				  financial, and other requirements of this chapter are or can be met and the
				  installation and operation of the UST or tank system will be done in a manner
				  that is protective of human health and the environment.
(c) A permit shall be issued only in
				  accordance with chapter
				  342L, Hawaii Revised Statutes, and
				  this chapter, and it shall be the duty of the permittee to ensure compliance
				  with the law in the installation and operation of the UST or tank
				  system.
(d) Issuance of a permit
				  shall not relieve any person of the responsibility to comply fully with all
				  applicable laws.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-324 - Application for a permit

Current through June, 2024
(a) Every
				  application for a permit shall be submitted to the department on the
				  "Application for an Underground Storage Tank Permit" form prescribed by the
				  director.
(b) A permit fee in
				  accordance with section 11-280.1-335 shall accompany each application for a
				  permit.
(c) The applicant shall
				  submit sufficient information to enable the director to make a decision on the
				  application. Information submitted shall include but not be limited to the
				  following:
(1) General information on
				  involved parties, including the landowner, UST owner, and UST operator;
				  location of the property (including TMK); and basic description of the UST or
				  tank system;
(2) Age, size, precise
				  location within the property, and use of each UST;
(3) Other information required in the form
				  prescribed by the director; and
(4)
				  Other information as the department may require.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-325 - Permit

Current through June, 2024
(a) Upon approval of an application for a
				  permit to install and operate an UST or tank system, the director shall issue a
				  permit for a term of five years except as noted in subsection (b).
(b) The owner or operator shall have one year
				  from the issuance of the permit to install an UST or tank system. If the
				  installation is not completed within one year, the permit expires and the owner
				  or operator must apply for a new permit.
(c) The owner or operator must inform the
				  department at least seven days prior to performing the actual installation. The
				  information shall include the permit number, name and address of the UST or
				  tank system, the contact person, the contact person's phone number, and date
				  and time of actual installation.
(d) The owner or operator must notify the
				  department within thirty days after the installation of the UST or tank system.
				  The notification shall be submitted on the "Certification of Underground
				  Storage Tank Installation" form prescribed by the director. If information
				  submitted on the "Application for an Underground Storage Tank Permit" form has
				  changed since the original application, the section of the certification form
				  entitled "Changes to Original Installations Plans" must completed and
				  submitted. The certification of installation must certify compliance with the
				  following requirements:
(1) Installation of
				  tanks and piping under section 11-280.1-20(f);
(2) Cathodic protection of steel tanks and
				  piping under section 11-280.1-20(b) and (c);
(3) Financial responsibility under subchapter
				  8; and
(4) Release detection under
				  sections 11-280.1-41 and 11-280.1-42.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-326 - Permit renewals

Current through June, 2024
(a) On application,
				  a permit may be renewed for a term of five years.
(b) A renewal fee in accordance with section
				  11-280.1-335 shall accompany each application for renewal of a
				  permit.
(c) An application for a
				  renewal shall be received by the department at least one hundred eighty days
				  prior to the expiration of the existing permit and shall be submitted on the
				  "Application for Renewal of an Underground Storage Tank Permit" form prescribed
				  by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-327 - Action on complete permit application

Current through June, 2024
(a) The director
				  need not act upon nor consider any incomplete application for a permit. An
				  application shall be deemed complete only when:
(1) All required and requested information,
				  including the application form, plans, specifications, and other information
				  required by this subchapter have been submitted in a timely fashion;
(2) All fees have been paid as prescribed in
				  section 11-280.1-335; and
(3) The
				  director determines that the application is complete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-328 - Permit conditions

Current through June, 2024
The director may impose conditions on a permit that the
					 director deems reasonably necessary to ensure compliance with this chapter and
					 any other relevant state requirement, including conditions relating to
					 equipment, work practice, or operation. Conditions may include, but shall not
					 be limited to, the requirement that devices for measurement or monitoring of
					 regulated substances be installed and maintained and the results reported to
					 the director, all costs and expenses, to- be borne by the applicant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-329 - Modification of permit

Current through June, 2024
(a) The director
				  may modify a permit if there is a change that requires a modification to an
				  existing permit. Changes requiring a permit modification shall include but not
				  be limited to:
(1) The addition or removal of
				  an UST from an UST system; and
(2)
				  Any change to or modification of an UST or UST system which would otherwise
				  place the existing UST or UST system out of compliance with this chapter or an
				  existing permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-330 - Revocation or suspension of permit

Current through June, 2024
The director may revoke or suspend a permit if the director
					 finds any one of the following:
(1)
				  There is a release or threatened release of regulated substances that the
				  department deems to pose an imminent and substantial risk to human health or
				  the environment;
(2) The permittee
				  violated a condition of the permit; or
(3) The permit was obtained by
				  misrepresentation, or failure to disclose fully all relevant facts.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-331 - Change in owner or operator for a permit

Current through June, 2024
(a) No permit to
				  install, own, or operate an LIST or tank system shall be transferable unless
				  approved by the department. Request for approval to transfer a permit from one
				  owner to another owner must be made by the new owner. Request for approval to
				  transfer a permit from one operator to another operator must be made by the
				  owner.
(b) The transferred permit
				  will be effective for the remaining life of the original permit.
(c) An application for the transfer shall be
				  received by the department at least thirty days prior to the proposed effective
				  date of the transfer and shall be submitted on the "Application for Transfer of
				  an Underground Storage Tank Permit" form prescribed by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-332 - Variances allowed

Current through June, 2024
Provisions of chapter
					 342L, Hawaii Revised Statutes, and
					 this chapter relating to USTs or tank systems which are more stringent than
					 Title 40, part 280 of the Code of Federal Regulations, published by the Office
					 of the Federal Register, as amended as of July 1, 2017, may be varied by the
					 director in accordance with sections
					 342L-5 and
					 342L-6,
					 Hawaii Revised Statutes, and this chapter. No variance may be less stringent
					 than the federal requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-333 - Variance applications

Current through June, 2024
(a) An application
				  for a variance shall be submitted to the department on the "Application for an
				  Underground Storage Tank Variance" form prescribed by the director.
(b) A variance fee in accordance with section
				  11-280.1-335 shall accompany each application for a variance.
(c) Every application shall be signed by the
				  owner and operator, and the signature shall be by one of the following:
(1) In the case of a corporation, by a
				  principal executive officer of at least the level of vice president, or a duly
				  authorized representative if that representative is responsible for the overall
				  operation of the UST or tank system;
(2) In the case of a partnership, by a
				  general partner;
(3) In the case of
				  a sole proprietorship, by the proprietor; or
(4) In the case of a county, state, or
				  federal entity, by a principal executive officer, ranking elected official, or
				  other duly authorized employee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-334 - Maintenance of permit or variance

Current through June, 2024
(a) Permits and
				  variances, including application records, shall be maintained at the location
				  of the UST or tank system for which the permit was issued and shall be made
				  available for inspection upon request of any duly authorized representative of
				  the department.
(b) No person shall
				  wilfully deface, alter, forge, counterfeit, or falsify any permit or variance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 12 - PERMITS AND VARIANCES › Section 11-280.1-335 - Fees

Current through June, 2024
(a) Every applicant for a permit or a
				  variance, or applicant for modification or renewal of a permit or variance, or
				  applicant for a transfer of a permit, shall pay the applicable fees as set
				  forth below:
Type of Application
Permit
Variance
Permit or variance application
$300
$400
Application to modify
$200
$300
Application for renewal
$100
$200
Application for transfer
$50
NA
(b) Fees shall be submitted with the
				  application and are nonrefundable.
(c) Fees shall be made payable to the State
				  of Hawaii.
(d) If more than one
				  type of application is combined, the highest applicable fee will be assessed.
However, a permit application and a variance application
					 shall not be combined under one fee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 13 - ENFORCEMENT › Section 11-280.1-421 - Purpose

Current through June, 2024
The purpose of this subchapter is to create an enforcement
					 program that facilitates the effective and expeditious resolution of violations
					 of chapter
					 342L, Hawaii Revised Statutes, and
					 this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 13 - ENFORCEMENT › Section 11-280.1-422 - Field citations

Current through June, 2024
(a) Field citations
				  may be issued for violations of chapter
				  342L, Hawaii Revised Statutes, and
				  this chapter that the department deems appropriate for resolution through the
				  issuance of a field citation. Nothing in this section requires the department
				  to elect one enforcement mechanism over another and the decision to proceed
				  with one course of action over, or in conjunction with, another is within the
				  discretion of the director.
(b) The
				  field citation is an offer to settle an allegation of noncompliance with this
				  chapter. If the owner or operator declines to accept the department's offer to
				  settle within the time period set forth in the field citation, the department
				  may bring administrative or civil enforcement action under chapter
				  342L, Hawaii Revised
				  Statutes.
(c) The field citation
				  shall set forth sufficient facts to notify the recipient of the alleged
				  violations, the applicable law, the proposed settlement amount, and the time
				  period during which to respond.
(d)
				  By returning the signed settlement agreement attached to the field citation and
				  payment of the proposed settlement amount to the department, the owner or
				  operator will be deemed to have accepted the terms and conditions of the
				  settlement offer.
(e) By signing
				  the settlement agreement, the owner or operator waives his or her right to a
				  contested case hearing pursuant to chapter
				  91, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 13 - ENFORCEMENT › Section 11-280.1-429 - Delivery, deposit, and acceptance prohibition

Current through June, 2024
(a) No
				  person shall deliver to, deposit into, or accept a regulated substance into an
				  UST or tank system that has been identified by the department as ineligible for
				  delivery, deposit, or acceptance.
(b) An UST or tank system shall be identified
				  by the department as ineligible for delivery, deposit, or acceptance by
				  placement of a tag or other notice of ineligibility onto the fill pipe of the
				  ineligible UST or tank system. If an owner or operator is not present at the
				  facility at the time the underground storage tank is identified as ineligible,
				  the department may notify an employee at the facility at the time of
				  identification in lieu of the owner or operator.
(c) No person shall remove, tamper with,
				  destroy, or damage a tag or other notice of ineligibility affixed to any UST or
				  tank system unless authorized to do so by the department. Removal of a tag or
				  other notice of ineligibility by the department or person authorized by the
				  department shall occur only after the department confirms that the conditions
				  giving rise to the delivery prohibition have been corrected to the department's
				  satisfaction. The department shall make this determination either at a hearing,
				  if one is requested in accordance with this section, or as soon as
				  practicable.
(d) Pursuant to this
				  section, a tag or other notice of ineligibility may immediately be affixed to
				  the fill pipe of an UST or tank system upon finding by the department of any of
				  the following:
(1) Operating without a permit
				  issued by the department;
(2)
				  Operating inconsistently with one or more conditions of a permit issued by the
				  department;
(3) Required spill
				  prevention equipment is not installed or properly functioning or
				  maintained;
(4) Required overfill
				  protection equipment is not installed or properly functioning or
				  maintained;
(5) Required release
				  detection equipment is not installed or properly functioning or
				  maintained;
(6) Required corrosion
				  protection equipment is not installed or properly functioning or
				  maintained;
(7) Failure to maintain
				  financial responsibility; or
(8)
				  Failure to protect a buried metal flexible connector from corrosion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 1 - GENERAL PROVISIONS › Section 11-282-01 - Purpose

Current through June, 2024
The purpose of this chapter is to implement the deposit
					 beverage container program, chapter
					 342G, part VIII, HRS, and to
					 establish minimum standards for the collection of empty beverage containers, to
					 foster systems of redemption which facilitate recycling of empty beverage
					 containers, and to minimize costs without inconveniencing
					 consumers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 1 - GENERAL PROVISIONS › Section 11-282-02 - Applicability

Current through June, 2024
These rules are applicable to all persons defined in this
					 chapter who are subject to regulation under the deposit beverage container
					 program including, but not limited to, beverage manufacturers, distributors,
					 recycling facilities, redemption centers, dealers and other businesses that
					 sell deposit beverages in deposit beverage containers, unless specifically
					 stated otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 1 - GENERAL PROVISIONS › Section 11-282-04 - General requirements

Current through June, 2024
(a) Inspection. For
				  purposes of enforcing the provisions of this chapter, and chapter 342G, Hawaii
				  Revised Statutes, a person who manufactures, distributes, sells, stores,
				  handles, transports, redeems, recycles, and disposes deposit beverage
				  containers, shall, upon request of any duly authorized representative of the
				  director, furnish information relating to such deposit beverage containers and
				  facilities, and permit such representative at reasonable times to have access
				  to, and to copy all relevant records relating to such containers.
Each such inspection slid 11 be commenced and completed
					 with reasonable promptness.
(b) Enforcement. If the director" determines
				  that any person has violated or is violating any provision of this chapter, any
				  rule adopted pursuant to this chapter, or any term or condition of a
				  certification or permit issued pursuant to this chapter, the director may do
				  one or more of the following:
(1) Issue a
				  field citation assessing an administrative penalty and ordering corrective
				  action immediately or within a specified time;
(2) Issue an order assessing an
				  administrative penalty for any past or current violation;
(3) Require compliance within a specified
				  time; and
(4) Commence a civil
				  action in circuit court in which the violation occurred or where the person
				  resides or maintains the person's principal place of business for appropriate
				  relief, including a temporary, preliminary, or permanent injunction, the
				  imposition and collection of civil penalties, or other relief.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 2 - DEPOSIT BEVERAGE DISTRIBUTORS › Section 11-282-21 - Deposit beverage container requirements

Current through June, 2024
(a) Every
				  deposit beverage container sold or offered for sale in the State shall have the
				  Hawaii refund value clearly indicated in accordance with section 3 42G-112,
				  HRS. The refund value should not be placed on the removable portion of the
				  container.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 3 - DEALERS › Section 11-282-31 - Exemptions

Current through June, 2024
Dealers are exempt from having to operate as a redemption
					 center for empty deposit beverage containers if they:
(1) Are located in a high-density population
				  area and within two miles of a certified redemption center that is operated
				  independently from a dealer;
(2)
				  Are located in a rural area; or
(3)
				  Can demonstrate physical hardship including, but not limited to, the following:
(A) Would pose a threat to public safety;
				  or
(B) Square footage needed to
				  accommodate a redemption center would exceed one percent (1%) of the dealer's
				  retail space; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-41 - Uncertified redemption activities

Current through June, 2024
(a) Uncertified
				  redemption activities shall not be eligible to collect the refund value or
				  handling fee from the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-42 - Requirements for certified redemption centers

Current through June, 2024
(a) The
				  department may impose conditions for the operation of certified redemption
				  centers under chapter
				  342G HRS.
(b) Redemption centers shall have solid waste
				  permits under chapter 342H, HRS.
(c) Certification shall be effective for a
				  period of not more than five years following date of approval by the
				  department.
(d) Applicants shall
				  re-certify the redemption center before expiration of the current certification
				  or the center shall not be eligible for the container refund value or handling
				  fee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-43 - Request for certification

Current through June, 2024
(a) Requests for
				  certification shall be prepared on application forms provided by the department
				  and shall include, but not limited to, the following information:
(1) The legal name(s), street address,
				  contact person's name and position title, and telephone and fax numbers of the
				  owner and, if applicable, its duly authorized representative.
(2) Annual tax clearance issued by the Hawaii
				  State Department of Taxation and the Internal Revenue Service.
(3) A
CERTIFICATE OF GOOD
				  STANDING
issued by the Department of Commerce and Consumer Affairs
				  Business Registration Division, unless the applicant is a sole
				  proprietor.
(4) A description of
				  the redemption centers including site plans and scope of services.
(5) Redemption centers that issue vouchers
				  for redemption values shall describe how the voucher may be redeemed for cash
				  or other value.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 282 - DEPOSIT BEVERAGE CONTAINER RECYCLING › Subchapter 4 - REDEMPTION CENTERS › Section 11-282-44 - Posting of certification

Current through June, 2024
(a) A certification
				  sign will be provided to redemption centers by the department and shall be
				  prominently displayed where customers approaching the center can view
				  it.
(b) A certification sign shall
				  not be displayed at a redemption center that is not certified by the
				  department.
(c) The certification
				  sign is property of the department and shall be returned to the department upon
				  decertification, revocation, invalidation, expiration of certification, or
				  voluntary termination.
(d) The
				  certification sign of a reverse vending machine may be kept on file at. the
				  redemption center site or on file at the main business office of the
				  applicant.