Hawaii Administrative Code

(a) Purpose and goal. The purpose of the remedial action selection process is to select remedial actions that eliminate, reduce, prevent, minimize, mitigate, or control risks to public health or welfare, the environment, or natural resources. The goal of the process is to select …

(a) Scope. The remedial design and remedial action phase includes the actual design and construction and implementation of the final remedy selected and documented in the final response action memorandum. (b) Conformance with response action selected. All RD/RA activities shall b…

(a) Purpose. The purpose of this section is to describe the activities that the natural resources trustee for the state may conduct to fulfill the trustee's duties and responsibilities under this chapter. (b) Duties and responsibilities of the natural resource trustee. Upon notif…

(a) Any person who has incurred costs for undertaking a response action in accordance with chapter 128D, HRS, may seek contribution, indemnity or any other relief as provided by section 128D-18, HRS, and subject to any other provisions of law. (b) Persons liable pursuant to secti…

(a) The purpose of this subchapter is to establish guidelines for the contents of administrative records; the location of the administrative records; when the department shall establish administrative records; and the procedures by which the public, potentially responsible partie…

(a) These regulations are applicable to hazardous substances, pollutants, or contaminants, any release of hazardous substances, pollutants, or contaminants in quantities equal to or exceeding their reportable quantities, or any release or threat of release of hazardous substances…

(a) Availability. The administrative record for the selection of a remedial action shall be made available for public inspection when the draft response action memorandum is made public or issued pursuant to section 11-451-15(i). (b) Public comment period. The department shall pr…

(a) Availability. The administrative record for those removal actions requiring public participation activities pursuant to section 11-451-13, shall be made available for public inspection no later than 60 days after initiation of on-site removal activity. (b) Public comment. The…

(a) Addition of documents to the administrative record. The department may add documents to the administrative record after the decision document selecting the response action has been signed if the documents concern a portion of a response action decision that the decision docum…

(a) Supplementation by person receiving an order. The administrative record for an order may be supplemented, by the person receiving the order, with other documents, writings, or material within thirty days after receipt of the order. (b) Supplementation by proceedings. In the s…

(a) Pursuant to section 128D-4, HRS, for purposes of determining the need for response, or choosing or taking a response action, or otherwise enforcing the provisions of chapter 128D, HRS, the department may enter any facility or vessel, establishment, property, or other place or…

(a) As used in this chapter, unless the context otherwise requires: "Alternative water supplies" includes, but is not limited to, drinking water and household water supplies. "Applicable requirements" means those federal, state, and local requirements that are legally applicable …

(a) A release may be discovered through: (1) Notification in accordance with section 11-451-7; (2) Discovery or investigation by government authorities; (3) Inventory or survey efforts, environmental assessments or investigations, and random or incidental observation by governmen…

(a) This section designates the hazardous substances which are subject to the notification requirements contained in section 11-451-7. (b) Listed hazardous substances. The following are listed hazardous substances under this chapter: (1) The list of elements, compounds, and hazar…

(a) Purpose. This section establishes the reportable quantities for those hazardous substances designated pursuant to section 11-451-5. (b) Reportable quantities for listed hazardous substances. Listed hazardous substances designated under section 11-451-5(b), have the following …

(a) Purpose. The purpose of this section is to describe the notification process which shall be followed when there is a release of a hazardous substance that meets or exceeds a reportable quantity. The purpose of the notification process is to ensure that the appropriate organiz…

(a) Purpose. This subchapter establishes procedural requirements that the department shall follow or require another person to follow when hazardous substance, pollutant, or contaminant that may pose a substantial endangerment to public health or welfare, the environment, or natu…

(a) The purpose of this section is to define the criteria for listing and prioritizing sites for response actions pursuant to this chapter. (b) Criteria for listing of sites. In developing the list of sites, which will be published and revised at least annually by the department,…

This chapter sets forth the minimum requirements for the implementation, administration, and enforcement of Act 170, SLH 2006. These requirements are set forth to allow for the identification, decontamination and cleanup of methamphetamine manufacturing sites and protection of th…

The purpose of this subchapter shall be to establish procedural requirements for each agency that shall respond to and investigate a methamphetamine manufacturing site. Notes Haw. Code R. § 11-452-10 [Eff DEC 06 2007] [Auth: SLH 2006, Act 170, §2] [Imp: SLH 2006, Act 170, §2]…

(a) Each responding agency shall be responsible for the safety of any of the agency's personnel involved in the investigation of a methamphetamine manufacturing site. Guidelines for the protection of such personnel shall be developed by each respective agency in accordance with O…

Each responding agency shall be responsible for the training and certification of its personnel based on the duties and function to be performed by each responder of an emergency response organization as set forth under 29 CFR 1910.120(HAZWOPER). Each responding agency shall main…

Notes Haw. Code R. §§ 11-452-13 to 11-452-17

(a) If the DEA participates in the investigation and decontamination of a methamphetamine manufacturing site, the DEA may coordinate with a hazardous materials contractor for the disposal of any hazardous materials discovered during a response to a methamphetamine manufacturing s…

Law enforcement shall complete the federal notice requirements within five business days of the completion of a methamphetamine manufacturing site investigation. Law enforcement shall ensure that a copy of any notification documents shall be included in the case file for the inve…

This chapter applies to any site located throughout the State that has been used to manufacture methamphetamine. Notes Haw. Code R. § 11-452-2 [Eff DEC 06 2007] [Auth: SLH 2006, Act 170, §2] [Imp: SLH 2005, Act: 170, §2]

Notes Haw. Code R. §§ 11-452-20 to 11-452-24

(a) After any laboratory or other equipment and hazardous materials are removed from the methamphetamine manufacturing site, law enforcement personnel shall place a warning in a conspicuous location on the site to any potential visitors, licensees or trespassers to the site, that…

(a) The chief law enforcement officer shall make a determination as to the existence of a methamphetamine manufacturing site. (b) Once the chief law enforcement officer has made a determination, the chief law enforcement officer shall contact the hazard evaluation and emergency r…

Notes Haw. Code R. §§ 11-452-27 to 11-452-31

As used in this chapter, unless the context otherwise requires: "Certification" means the successful completion of an approved, hazardous waste operations and emergency response safety training program and on-the-job training. "Chief law enforcement officer" means the federal, st…

The hazard evaluation and emergency response office shall provide general oversight for the decontamination of methamphetamine manufacturing sites that meet the following criteria: (1) The investigation of. the site is referred to the hazard evaluation and emergency response offi…

The hazard evaluation and emergency response office shall establish a department guidance document for the investigation, sampling and cleanup of methamphetamine manufacturing sites. The guidance may be revised as new technology and science become available and accepted by the De…

Notes Haw. Code R. §§ 11-452-34 to 11-452-38

(a) The owner and operator of the property on which a methamphetamine manufacturing site is located, shall, in coordination with the hazard evaluation and emergency response office, hire a cleanup contractor that specializes in responding to environmentally contaminated sites. An…

Notes Haw. Code R. §§ 11-452-4 to 11-452-9

All decontamination procedures shall be carried out according to the work plan approved by the hazard evaluation and emergency response office. Notes Haw. Code R. § 11-452-40 [Eff DEC 06 2007] [Auth: SLH 2006, Act 170, §2] [Imp: SLH 2006, Act 170, §2]

(a) The amount of post-cleanup sampling shall depend on the levels of contamination and the methods used in the process of making methamphetamine. (b) Sampling protocols shall be based on widely accepted industry standards. (c) The cleanup contractor shall comply with the appropr…

A final report shall document the work performed in conjunction with the work plan approved by the hazard evaluation and emergency response office. A final report shall describe the cleanup process in detail sufficient to allow the hazard evaluation and emergency response office …

The hazard evaluation and emergency response office shall issue a no further action determination, provided that: (1) The final report is deemed accurate by the hazard evaluation and emergency response office; (2) The hazard evaluation and emergency response office determines tha…

Notes Haw. Code R. §§ 11-452-46 to 11-452-50

The purpose of the rules in this chapter is to implement the Hawaii Emergency Planning and Community-Right-to-Know Act. The rules are to administer and enforce the reporting requirements of Title III of the Superfund Amendments and Reauthorization Act of 1986 ("SARA Title III") a…

Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department is responsible for Kalawao County. Notes Haw. Code R. § 11-453-10 [Eff NOV 05 2010] (Auth: HRS § 128E-4) (Imp: HRS § 128E-4)

Local emergency planning committees are created pursuant to section 128E-5(a), HRS. The committees shall be subject to the requirements of this chapter and section 303 of the EPCRA, title 42 United States Code section 11003. Notes Haw. Code R. § 11-453-11 [Eff NOV 05 2010] (Auth:…

The commission shall appoint the committee members as described in section 128E-5(b) to (e), HRS. Notes Haw. Code R. § 11-453-12 [Eff NOV 05 2010] (Auth: HRS § 128E-2) (Imp: HRS § 128E-2)

Each committee shall perform duties and responsibilities as described in section 128E-5(f), HRS. Notes Haw. Code R. § 11-453-13 [Eff NOV 05 2010] (Auth: HRS § 128E-5) (Imp: HRS § 128E-5)

(a) Administrative and operational expenses of a committee may be paid by the State. Funding for operation and administration of committees shall come from the local emergency response planning committee account within the environmental response revolving fund established under s…