Title 10, Public Safety And Internal Security

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-10 Knowing releases. Any person who knowingly releases a hazardous substance into the environment in an amount above the reportable quantity established in the rules (other than a permitted release pursuant to and in accord with a federal, state, or county permit), shall be…

§128D-11 Recordkeeping requirements. No person, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any investigative action or request made under this chapter, or any enforcement action taken under this chapter, shall remove from any place, conc…

§128D-12 Confidentiality of information. (a) Any record, report, or information obtained from any persons under section 128D-4(a) and (b) shall be available to the public, except as provided in subsection (b). (b) Upon a showing satisfactory to the department that public disclosu…

[§128D-13] Reporting requirements. The department shall submit to the legislature an annual report, including a comprehensive budget to implement remedial action plans requiring funding by the environmental response revolving fund. This report shall identify those sites eligible …

[§128D-14] Public participation. Public participation activities may be implemented by the department and required of responsible parties, in accordance with the state contingency plan, or any other state rule. [L 1990, c 298, pt of §17]

§128D-15 Employee protection. No person shall terminate from employment or in any other way discriminate against, or cause to be eliminated from employment or discriminated against, any person on the grounds that the person has provided information to the State, filed, instituted…

§128D-17 Judicial review. (a) Any person who receives and complies with the terms of any order issued under this chapter may bring and maintain an action in the circuit environmental court to review the order as provided for in this section, prior to the completion of all action …

[§128D-18] Apportionment and contribution. (a) Liability to the State for any costs or expenditures under this chapter shall be joint and several. Wholly apart from such liability to the State, as between parties who are liable under this chapter, there shall be the rights of app…

[§128D-19] Administrative review of orders. (a) Any person who receives and complies with the terms of any order issued under this chapter, within sixty days after completion of the required order, may petition the director to appoint a hearings officer for review of the order an…

§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-20] De minimis settlements. (a) Whenever practicable and in the public interest, the director, in consultation with the attorney general, as promptly as possible, shall reach a final settlement with a potentially responsible party in any administrative or civil action brou…

[§128D-21] Citizen's suits. (a) Except as provided in subsections (c) and (d) and in section 128D-17, any person may commence a civil action in the circuit environmental court on the person's own behalf against: (b) The circuit environmental court shall have jurisdiction in actio…

[§128D-22] Exemption from duplicative regulation. When there has been a response to a release pursuant to an order issued under federal law, the director may use this chapter to address the same release provided that: In those circumstances, the director shall avoid actions in co…

§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-41] Termination of voluntary response action. (a) An agreement under this part may be terminated by the requesting party at any time. (b) The director may terminate an agreement pursuant to this section when: (c) Termination of the agreement pursuant to this section does n…

§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-6.5] Limitation of liability for heavy fuel oil releases. (a) Notwithstanding any law to the contrary, the liability of any person under section 128D-6 for any release of heavy fuel oil from a tank barge carrying heavy fuel oil interisland shall not exceed $700,000,000. (b…

§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…

§128D-8 Civil penalties. (a) Any person who is liable for a release, or threat of a release, of hazardous substances, and who fails, without sufficient cause, to properly provide removal or remedial action pursuant to an administrative order issued by the director, may be liable …

[§128D-9] Injunctive relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive relief to prevent any violation of this chapter, of any rule adopted pursuant to this chapter, or of any order issued pursuant to this chapte…