Chapter 128D — Chapter 128D

PART I. HAWAII ENVIRONMENTAL RESPONSE LAW §128D-1 Definitions. As used in this chapter, unless the context otherwise requires: "Bona fide prospective purchaser" means a person (or a tenant of a person) who acquires ownership of a facility after October 1, 2009, and establishes ea…

§128D-2 Environmental response revolving fund; uses. (a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance …

§128D-2.5 Toxicologists. The department may establish permanent exempt positions known as toxicologists for the purpose of assessing human health risk. The positions shall be appointed by the director without regard to chapter 76. [L 1997, c 146, §2; am L 2000, c 253, §150; am L …

§128D-2.6 Ecological risk assessor. The department may establish a permanent exempt position for an ecological risk assessor for the purpose of assessing ecological risks and damages. The position shall be appointed by the director without regard to chapter 76. [L 1999, c 211, §2…

§128D-23 Exemption from state and county permits. No state or county permit shall be required for the portion of any removal or remedial action conducted entirely on site where such response action is carried out in compliance with this chapter, or where such removal or remedial …

§128D-3 Reportable quantities; duty to report. (a) The director shall adopt rules pursuant to chapter 91 establishing the quantities of designated hazardous substances, and specifying the periods of time within which such quantities, when released, are reportable pursuant to this…

[PART II.] VOLUNTARY RESPONSE PROGRAM §128D-31 [General provisions.] (a) Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part. All voluntary response actions, wher…

§128D-32 Definitions. As used in this part, unless the context otherwise requires: "Prospective purchaser" means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under section 128D-6, prior to a voluntary response acti…

§128D-33 Eligibility. (a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except: (b) The requesting party shall provide the department with written consent from the property owner to conduct the vo…

§128D-34 Application. (a) For each site at which a requesting party chooses to conduct a voluntary response action, an application and $1,000 nonrefundable processing fee shall be submitted. In the case of a requesting party that is a public or nonprofit agency, the director may …

§128D-35 Denial of application. (a) The director may deny an application submitted under section 128D-34. In denying an application, the director may consider the following: (b) If the director finally denies the application, the director shall:

§128D-36 Funding. (a) The department shall establish an account, to be called the voluntary response action account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this part. (b) The $1,000 nonrefund…

§128D-37 Oversight costs. (a) The department's oversight costs shall be calculated at $100 for each hour of staff time plus actual expenses incurred or one hundred twenty-five per cent of actual cost when contracting for oversight services. If a requesting party is a public or no…

§128D-39 Letter of completion. (a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party. (b) The letter of completion shall identify the specific h…

§128D-4 State response authorities; uses of fund. (a) Whenever any hazardous substance is released or there is a substantial threat of such a release into the environment, or there is a release or substantial threat of such release into the environment of any pollutant or contami…

§128D-5 Recovery of costs. (a) Except for costs incurred in responding to a release or threatened release of any pollutant or contaminant and except for costs incurred in accordance with section 128D-4(c)(4), and (5), and except for costs incurred in accordance with section 128D-…

§128D-6 Liability. (a) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (c): shall be strictly liable for (A) all costs of removal or remedial actions incurred by the State or any other person; to the extent such costs a…

§128D-7 State contingency plan; rules. (a) The department shall adopt, by rules, and from time to time update a Hawaii state contingency plan which, as nearly as the department deems appropriate and practicable, shall comport with and complement the National Contingency Plan prep…