HAR 11-280.1 — UNDERGROUND STORAGE TANKS (Subchapter 1 to 13)

(a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with section 11-280.1-31, and applicable release detection in accordance with subchapter 4. Subchapters 5 and 6 must be complied with i…

(a) At least thirty days before beginning either permanent closure or a change-in-service of an UST or tank system under subsections (c) and (d), owners and operators must notify the department of their intent to permanently close or make the change-in-service, as required in sec…

(a) Before permanent closure or a change-in-service is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and ope…

(a) When directed by the department, the owner and operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this subchapter if releases from the UST may, in the judgment of the department, po…

Owners and operators must maintain records in accordance with section 11-280.1-34 that are capable of demonstrating compliance with closure requirements under this subchapter. The results of the excavation zone assessment required in section 11-280.1-72 must be maintained for at …

The following cleaning and closure procedures may be used to comply with section 11-280.1-71: (1) American Petroleum Institute Recommended Practice RP 1604, "Closure of Underground Petroleum Storage Tanks"; (2) American Petroleum Institute Standard 2015, "Safe Entry and Cleaning …

Notes Haw. Code R. §§ 11-280.1-76 to 11-280.1-89 Reserved 7/15/2018 Res 3/21/2025

(a) This subchapter applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section. (b) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United S…

Notes Haw. Code R. § 11-280.1-91 Reserved 7/15/2018 Res 3/21/2025

When used in this subchapter, the following terms have the meanings given below: "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank system that results in a need for release response action and/or compensatio…

(a) Owners or operators of petroleum USTs or tank systems must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs or …

(a) Subject to the limitations of subsections (b) and (c): (1) An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in sections 11-280.1-95 through 11-280.1-103 to demonstrate financial responsibility under …

(a) An owner or operator, and/or guarantor, may satisfy the requirements of section 11-280.1-93 by passing a financial test as specified in this section. To pass the financial test of self-insurance, the owner or operator, and/or guarantor, must meet the criteria of subsection (b…

(a) An 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: (1) A firm that: (A) Possesses a controlling interest in the owner or operator; (B) Possesses a controll…

(a) An owner or operator may satisfy the requirements of section 11-280.1-93 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an…

(a) An owner or operator may satisfy the requirements of section 11-280.1-93 by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest Circular…

(a) An owner or operator may satisfy the requirements of section 11-280.1-93 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity that has the authority to issue letters of credit in the …