Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 9 - LENDER LIABILITY › Section 11-280.1-230 - Operating an underground storage tank or underground storage tank system

Current through June, 2024
(a) Operating an UST or UST system prior to
				  foreclosure. A holder, prior to foreclosure, as defined in section
				  11-280.1-210(c), is not an "operator" of a petroleum UST or UST system for
				  purposes of compliance with the UST technical standards as defined in section
				  11-280.1-200(a), the UST 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 that the holder is not in
				  control of or does not have responsibility for the daily operation of the UST
				  or UST system.
(b) Operating an UST
				  or UST system after foreclosure. The following provisions apply to a holder
				  who, through foreclosure, as defined in section 11-280.1-210(c), acquires a
				  petroleum UST or UST system or facility or property on which a petroleum UST or
				  UST system is located.
(1) A holder is not an
				  "operator" of a petroleum UST or UST system for purposes of compliance with
				  this chapter if there is an operator, other than the holder, who is in control
				  of or has responsibility for the daily operation of the UST or UST system, and
				  who can be held responsible for compliance with applicable requirements of this
				  chapter.
(2) If another operator
				  does not exist, as provided for under paragraph (1), a holder is not an
				  "operator" of the UST or UST system, for purposes of compliance with the UST
				  technical standards as defined in section 11-280.1-200(a), the UST 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 that the holder:
(A)
				  Empties all of its known USTs and UST systems within sixty calendar days after
				  foreclosure, or another reasonable time period specified by the department, so
				  that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by
				  weight of the total capacity of the UST system, remains in the system; leaves
				  vent lines open and functioning; and caps and secures all other lines, pumps,
				  manways, and ancillary equipment; and
(B) Empties those USTs and UST systems that
				  are discovered after foreclosure within sixty calendar days after discovery, or
				  another reasonable time period specified by the department, so that no more
				  than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the
				  total capacity of the UST system, remains in the system; leaves vent lines open
				  and functioning; and caps and secures all other lines, pumps, manways, and
				  ancillary equipment.
(3)
				  If another operator does not exist, as provided for under paragraph (1), in
				  addition to satisfying the conditions under paragraph (2), the holder must
				  either:
(A) Permanently close the UST or UST
				  system in accordance with sections 11-280.1-71 to 11-280.1-74, except section
				  11-280.1-72(b); or
(B) Temporarily
				  close the UST or UST system in accordance with the following applicable
				  provisions of section 11-280.1-70:
(i)
				  Continue operation and maintenance of corrosion protection in accordance with
				  section 11-280.1-31;
(ii) Report
				  suspected releases to the department; and
(iii) Conduct a site assessment in accordance
				  with section 11-280.1-72(a) if the UST system is temporarily closed for more
				  than twelve months and the UST system does not meet the applicable system
				  design, construction, and installation requirements in subchapter
				  2, except that the spill and overfill
				  equipment requirements do not have to be met. The holder must report any
				  suspected releases to the department. For purposes of this provision, the
				  twelve-month period begins to run from the date on which the UST system is
				  emptied and secured under paragraph (2).
(4) The UST system can remain in temporary
				  closure until a subsequent purchaser has acquired marketable title to the UST
				  or UST system or facility or property on which the UST or UST system is
				  located. Once a subsequent purchaser acquires marketable title to the UST or
				  UST system or facility or property on which the UST or UST system is located,
				  the purchaser must decide whether to operate or close the UST or UST system in
				  accordance with applicable requirements in this chapter.