Hawaii Revised Statutes 128d. Environmental Response Law

PART I. HAWAII ENVIRONMENTAL RESPONSE LAW

  • 128d-1 Definitions.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-1 Definitions. As used in this chapter, unless the context...
  • 128d-2 Environmental Response Revolving Fund; Uses.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-2 Environmental response revolving fund; uses. (a) There is created...
  • 128d-2.5 Toxicologists.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-2.5 Toxicologists. The department may establish permanent exempt positions known...
  • 128d-2.6 Ecological Risk Assessor.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-2.6 Ecological risk assessor. The department may establish a permanent...
  • 128d-3 Reportable Quantities; Duty to Report.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-3 Reportable quantities; duty to report. (a) The director shall...
  • 128d-4 State Response Authorities; Uses of Fund.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-4 State response authorities; uses of fund. (a) Whenever any...
  • 128d-5 Recovery of Costs.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-5 Recovery of costs. (a) Except for costs incurred in...
  • 128d-6 Liability.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-6 Liability. (a) Notwithstanding any other provision or rule of...
  • 128d-6.5 Limitation of Liability for Heavy Fuel Oil Releases.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-6.5] Limitation of liability for heavy fuel oil releases. (a)...
  • 128d-7 State Contingency Plan; Rules.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-7 State contingency plan; rules. (a) The department shall adopt,...
  • 128d-8 Civil Penalties.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-8 Civil penalties. (a) Any person who is liable for...
  • 128d-9 Injunctive Relief.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-9] Injunctive relief. The director may institute a civil action...
  • 128d-10 Knowing Releases.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-10 Knowing releases. Any person who knowingly releases a hazardous...
  • 128d-11 Recordkeeping Requirements.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-11 Recordkeeping requirements. No person, with intent to avoid, evade,...
  • 128d-12 Confidentiality of Information.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-12 Confidentiality of information. (a) Any record, report, or information...
  • 128d-13 Reporting Requirements.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-13] Reporting requirements. The department shall submit to the legislature...
  • 128d-14 Public Participation.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-14] Public participation. Public participation activities may be implemented by...
  • 128d-15 Employee Protection.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-15 Employee protection. No person shall terminate from employment or...
  • 128d-16 Repealed.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-16 REPEALED. L 1991, c 280, §16.
  • 128d-17 Judicial Review.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-17 Judicial review. (a) Any person who receives and complies...
  • 128d-18 Apportionment and Contribution.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-18] Apportionment and contribution. (a) Liability to the State for...
  • 128d-19 Administrative Review of Orders.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-19] Administrative review of orders. (a) Any person who receives...
  • 128d-20 De Minimis Settlements.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-20] De minimis settlements. (a) Whenever practicable and in the...
  • 128d-21 Citizen's Suits.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-21] Citizen's suits. (a) Except as provided in subsections (c)...
  • 128d-22 Exemption From Duplicative Regulation.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. [§128D-22] Exemption from duplicative regulation. When there has been a...
  • 128d-23 Exemption From State and County Permits.
    Sections 128D-1 to 128D-23 designated as Part I by L 1997, c 377, §3. §128D-23 Exemption from state and county permits. No state or...

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...
  • 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...
  • 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:...
  • 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...
  • 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: (1) The nature...
  • 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-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...
  • 128d-38 Exempt Positions.
    §128D-38 Exempt positions. There are established such positions as necessary to support the voluntary response program and other voluntary activities pursuant to this chapter....
  • 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...
  • 128d-40 Exemption From Liability.
    §128D-40 Exemption from liability. (a) To qualify for an exemption from liability, a requesting party that is also a prospective purchaser shall enter into...
  • 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...

Note

Chapter title amended by L 1990, c 298, pt of 18.

Cross References

Brownfields cleanup revolving loan fund, see 201-18.

Emergency response stockpile; exemption from laws and rules, see 321-441, 442.

Emergency use of private real property, see chapter 135.

Uniform environmental covenants act, see chapter 508C.

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Law Journals and Reviews

Liability Insurance Coverage for Pollution Claims. 12 UH L. Rev. 83.

An Analysis of Hawaii's Superfund Bill, 1990. 13 UH L. Rev. 301.

Avoiding Liability: A Real Property Purchaser's Roadmap to the Dangers of Superfund Law. 15 UH L. Rev. 105.

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Last modified: October 27, 2016