Hawaii Administrative Code

(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 fo…

Each method of release detection for tanks used to meet the requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in accordance with the following: (1) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted month…

Each method of release detection for piping used to meet the requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in accordance with the following: (1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shu…

All UST system owners and operators must maintain records in accordance with section 11-280.1-34 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following: (1) All written performance claims pertaining to any release de…

(a) The following code of practice may be used to comply with section 11-280.1-40(a)(4): Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilit…

Notes Haw. Code R. §§ 11-280.1-47 to 11-280.1-49 Reserved 7/15/2018 Res 3/21/2025

Owners and operators of UST systems must notify the department within twenty-four hours and follow the procedures in section 11-280.1-52 for any of the following conditions: (1) The discovery by any person of evidence of released regulated substances at the UST site or in the sur…

When required by the department, owners and operators of UST systems must follow the procedures in section 11-280.1-52 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free produ…

(a) Unless release response action is initiated in accordance with subchapter 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 11-280.1-50 within seven days following the discovery of…

(a) Owners and operators of UST systems must contain and immediately clean up all spills and overfills in a manner which is protective of human health and the environment as set forth in section 11-280.1-65.3. (b) Owners and operators must notify the department within twenty-four…

Notes Haw. Code R. §§ 11-280.1-54 to 11-280.1-59 Reserved 7/15/2018 Res 3/21/2025

Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this subchapter, except for USTs excluded under section 11-280.1-10(b) and UST systems subject to RCRA Subtitle C cor…

(a) Upon confirmation of a release in accordance with section 11-280.1-52 or after a release from the UST system is identified in any other manner, owners and operators must perform the following response actions within twenty-four hours: (1) Report the release to the department …

(a) Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures:(1) Continue to remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment; (2) Visually insp…

(a) Owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in sections 11-280.1-60 and 11-280.1-61. This information must include, but is n…

(a) At sites where investigations under section 11-280.1-62(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any actions initiated under sec…

(a) In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater and surface water, owners and operators must conduct investigations of the release, the release si…

(a) The department may require that the owner and operator submit a written corrective action plan for responding to a release, if one or more of the following minimum threshold criteria is met:(1) Actual or probable release to groundwater which is a drinking water supply; (2) Ac…

(a) The department shall conduct public participation activities in accordance with subsections (c) through (h) when:(1) A corrective action plan required pursuant to section 11-280.1-66(a) has been submitted and the department has made a tentative decision concerning the propose…

Notes Haw. Code R. §§ 11-280.1-68 to 11-280.1-69 Reserved 7/15/2018 Res 3/21/2025

(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 …

Notes Haw. Code R. §§ 11-281-01 to 11-281-131 R 7/15/2018

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 conta…

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…

The following definitions shall apply whenever the terms are used in this chapter: "Applicant" means the person who has the authority to legally bind a redemption center to a contract. "Certification" means an official document issued by the department of health that identifies a…

(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…

(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. Notes Haw. Code R. § 11-282-…

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) Uncertified redemption activities shall not be eligible to collect the refund value or handling fee from the department. Notes Haw. Code R. § 11-282-41 [Eff 7/01/05; comp APR 21 2007] (Auth: HRS §§ 342G-113) (Imp: HRS § 342G-113)

(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 followin…

(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…