Hawaii Revised Statutes 342l. Underground Storage Tanks

PART I. DEFINITIONS AND GENERAL PROVISIONS

• 342l-1 Definitions.
  As used in this chapter, unless the context otherwise requires: "Complaint" means any written charge filed with or by the department that a person...
• 342l-2 Administration.
  The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director...
• 342l-3 Powers; Rulemaking; Appointment of Hearings Officers.
  (a) The director may adopt, amend, and repeal state rules controlling and regulating underground storage tanks and tank systems. All rules shall be adopted...
• 342l-4 Permits; Procedures For.
  (a) An application for any permit required under this chapter shall be in a form prescribed by the department. (b) The department may require...
• 342l-5 Variances Allowed.
  Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as...
• 342l-6 Variances; Procedures For.
  (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed...
• 342l-7 Authority to Obtain Information and Data, Inspect, and Require and Conduct Activities; Penalties for Disclosure.
  (a) For the purpose of developing or assisting in the development of any rule, conducting any study, taking any release response action, or enforcing...
• 342l-7.5 Record Maintenance.
  The department, pursuant to chapter 91, shall adopt requirements for the establishment and maintenance of records relating to underground storage tanks and tank systems....
• 342l-8 Enforcement.
  (a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any...
• 342l-9 Emergency Powers; Procedures.
  (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to human health and safety...
• 342l-10 Penalties.
  (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant...
• 342l-11 Administrative Penalties.
  (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director may...
• 342l-11.5 Repealed.
  L 1992, c 259, §34.
• 342l-12 Injunctive and Other Relief.
  The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent or stop any...
• 342l-12.5 Intervention.
  Any person may intervene in any civil action to enforce this chapter if the person has an interest that is, or may be, adversely...
• 342l-13 Appeal.
  If any party is aggrieved by an order of the director, the party may appeal in the manner provided in chapter 91 to the...
• 342l-14 Fees.
  Notwithstanding section 342L-36.5 to the contrary, the director may establish reasonable fees for the registration of underground storage tanks or tank systems, for the...
• 342l-15 Public Records; Confidential Information.
  Reports and records submitted to the department by any person on the ownership, installation, or operation of underground storage tanks or tank systems shall...
• 342l-16 Nonliability of Department Personnel.
  Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter...
• 342l-17 Other Action Not Barred.
  No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or...
• 342l-18 Enforcement by State and County Authorities.
  All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c...
• 342l-19 Other Powers of Department Not Affected.
  The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties,...
• 342l-20 Effect of Laws, Ordinances, and Rules.
  (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Any county may adopt ordinances and...
• 342l-21 Priority in Courts.
  All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive...
• 342l-22 Repealed.
  L 1992, c 259, §35.
• 342l-23 Directory of Underground Storage Tank Service Providers.
  (a) The director shall develop and maintain a directory of service providers who are identified in [subsection] (c). Information submitted by service providers shall...

PART II. UNDERGROUND STORAGE TANK REGULATION

• 342l-30 Notification Requirements.
  (a) Except as provided in subsection (c), the owner of an existing underground storage tank or existing tank system shall notify the department by...
• 342l-31 Permit Requirements and Transfer of Permit.
  (a) No person shall install or operate an underground storage tank or tank system brought into use after the effective date of the tank...
• 342l-32 Standards for Tanks and Tank Systems.
  (a) The department shall adopt standards under chapter 91 which shall apply to underground storage tanks and tank systems. (b) Underground storage tank and...
• 342l-32.5 Delivery, Deposit, and Acceptance Prohibition.
  No person shall deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility...
• 342l-33 Release Detection.
  The department, pursuant to chapter 91, shall adopt standards of performance for maintaining a release detection system, including, but not limited to, inventory control,...
• 342l-34 Reporting of Releases.
  The department, pursuant to chapter 91, shall adopt requirements for reporting suspected or confirmed releases and action taken in response to a suspected or...
• 342l-35 Response to Suspected or Confirmed Releases.
  The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from...
• 342l-36 Financial Responsibility.
  (a) The department, pursuant to chapter 91, shall adopt requirements for maintaining evidence of financial responsibility for taking response action and compensating third parties...
• 342l-36.5 Repealed.
  L 1992, c 259, §33.
• 342l-37 Underground Storage Tank and Tank System Change in Service and Closure Requirements.
  Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed...

PART III. DEPARTMENT RESPONSE PROGRAM FOR PETROLEUM
RELEASES

• 342l-50 Definitions.
  Environmental response law, see chapter 128D. §342L-50 Definitions. For the purpose of this part: "Exposure assessment" means a determination regarding the extent of exposure...
• 342l-51 Leaking Underground Storage Tank Fund.
  Environmental response law, see chapter 128D. §342L-51 Leaking underground storage tank fund. (a) The department shall establish a revolving fund within the department which...
• 342l-52 Response to Suspected or Confirmed Releases.
  Environmental response law, see chapter 128D. §342L-52 Response to suspected or confirmed releases. (a) In the event of a petroleum release from an underground...
• 342l-53 Cost Recovery.
  Environmental response law, see chapter 128D. §342L-53 Cost recovery. (a) Whenever costs have been incurred by the department in the undertaking of a response...

Last modified: October 27, 2016