Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-111 - Recordkeeping

Current through June, 2024
(a) Owners or operators must maintain
				  evidence of all financial assurance mechanisms used to demonstrate financial
				  responsibility under this subchapter for an underground storage tank or tank
				  system until released from the requirements of this subchapter under section
				  11-280.1-113. An owner or operator must maintain such evidence at the
				  underground storage tank or tank system site or the owner's or operator's place
				  of work. Records maintained off-site must be made available upon request of the
				  director.
(b) An owner or operator
				  must maintain the following types of evidence of financial responsibility:
(1) An owner or operator using an assurance
				  mechanism specified in sections 11-280.1-95 to 11-280.1-99 or section
				  11-280.1-102 or sections 11-280.1-104 to 11-280.1-107 must maintain a copy of
				  the instrument worded as specified.
(2) An owner or operator using a financial
				  test or guarantee, or a local government financial test or a local government
				  guarantee supported by the local government financial test must maintain a copy
				  of the chief financial officer's letter based on year-end financial statements
				  for the most recent completed financial reporting year. Such evidence must be
				  on file no later than one hundred twenty days after the close of the financial
				  reporting year.
(3) An owner or
				  operator using a guarantee, surety bond, or letter of credit must maintain a
				  copy of the signed standby trust fund agreement and copies of any amendments to
				  the agreement.
(4) A local
				  government owner or operator using a local government guarantee under section
				  11-280.1-106(d) must maintain a copy of the signed standby trust fund agreement
				  and copies of any amendments to the agreement.
(5) A local government owner or operator
				  using the local government bond rating test under section 11-280.1-104 must
				  maintain a copy of its bond rating published within the last twelve months by
				  Moody's or Standard & Poor's.
(6) A local government owner or operator
				  using the local government guarantee under section 11-280.1-106, where the
				  guarantor's demonstration of financial responsibility relies on the bond rating
				  test under section 11-280.1-104 must maintain a copy of the guarantor's bond
				  rating published within the last twelve months by Moody's or Standard &
				  Poor's.
(7) An owner or operator
				  using an insurance policy or risk retention group coverage must maintain a copy
				  of the signed insurance policy or risk retention group coverage policy, with
				  the endorsement or certificate of insurance and any amendments to the
				  agreements.
(8) An owner or
				  operator using a local government fund under section 11-280.1-107 must maintain
				  the following documents:
(A) A copy of the
				  state constitutional provision or local government statute, charter, ordinance,
				  or order dedicating the fund;
(B)
				  Year-end financial statements for the most recent completed financial reporting
				  year showing the amount in the fund. If the fund is established under section
				  11-280.1-107(3) using incremental funding backed by bonding authority, the
				  financial statements must show the previous year's balance, the amount of
				  funding during the year, and the closing balance in the fund; and
(C) If the fund is established under section
				  11-280.1-107(3) using incremental funding backed by bonding authority, the
				  owner or operator must also maintain documentation of the required bonding
				  authority, including either the results of a voter referendum (under section
				  11-280.1-107(3)(A), or attestation by the state attorney general as specified
				  under section 11-280.1-107(3)(B)).
(9) A local government owner or operator
				  using the local government guarantee supported by the local government fund
				  must maintain a copy of the guarantor's year-end financial statements for the
				  most recent completed financial reporting year showing the amount of the
				  fund.
(10)
(A) An owner or operator using an assurance
				  mechanism specified in sections 11-280.1-95 to 11-280.1-107 must maintain an
				  updated copy of a certification of financial responsibility worded as follows,
				  except that instructions in brackets are to be replaced with the relevant
				  information and the brackets deleted:
CERTIFICATION OF FINANCIAL RESPONSIBILITY
[Owner or operator] hereby certifies that it is in
					 compliance with the requirements of subchapter
					 8 of chapter
					 11-280.1, Hawaii Administrative
					 Rules.
The financial assurance mechanism(s) used to demonstrate
					 financial responsibility under subchapter
					 8 of chapter
					 11-280.1, Hawaii Administrative Rules,
					 is (are) as follows:
[For each mechanism, list the type of mechanism, name of
					 issuer, mechanism number (if applicable), amount of coverage, effective period
					 of coverage and whether the mechanism covers "taking corrective action" and/or
					 "compensating third parties for bodily injury and property damage caused by"
					 either "sudden accidental releases" or "nonsudden accidental releases" or
					 "accidental releases".]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
(B) The owner or operator must update this
				  certification whenever the financial assurance mechanism(s) used to demonstrate
				  financial responsibility change(s).