§128D-7  State contingency plan; rules. (a)  The department shall adopt, by rules, and from time to time update aHawaii state contingency plan which, as nearly as the department deemsappropriate and practicable, shall comport with and complement the NationalContingency Plan prepared under the authority of the Clean Water Act andCERCLA.  The state contingency plan shall include methods and criteria forevaluating the degree of hazard present at a site with releases of hazardoussubstances or pollutants or contaminants, including whether the site poses animminent or substantial hazard, and whether it is a priority site, and whetherresponse actions are feasible and effective.  In preparing the plan, thedepartment shall consider and take into account regionally and locallydeveloped contingency plans.

(b)  The department shall adopt, by rules, thecriteria for the selection and for the priority ranking of sites pursuant tosubsection (c) for removal and remedial action under this chapter, and shalladopt criteria for the ranking of sites in order of priority.  The criteriashall take into account the pertinent factors relating to the public health andthe environment, which shall include, but are not limited to, potential hazardsto public health and the environment, the risk of fire or explosion, toxichazards, the extent to which the deferral of remedial action will result, or islikely to result, in a rapid increase in cost or in a hazard to human healthand the environment.  The criteria may include a minimum hazard threshold belowwhich sites shall not be listed pursuant to this section.

(c)  The department shall publish and revise,at least annually, a listing of the sites subject to this chapter and any deminimis settlements made under this chapter.  The sites shall be categorizedand placed on one of the following lists:

(1)  A list of the sites with releases of hazardoussubstances for which the department has identified a responsible party, and theresponsible party is in compliance, as determined by the department, with anorder issued, or an enforceable agreement entered into.

(2)  A list of the sites with releases of hazardoussubstances for which all of the following apply:

(A)  The department has not been able toidentify a responsible party or the responsible party is not in compliance, asdetermined by the department, with an order issued or an enforceable agreemententered into;

(B)  The nature and extent of the release ofhazardous substances at the site have not been adequately characterized by theresponsible party or the department.

(d)  Funds appropriated to the department forresponse actions shall be expended in conformance with the priority ranking ofsites, as established on the list of sites specified in subsection (c), except thatfunds appropriated for removal action may be expended without conforming to thepriority ranking if any of the following apply:

(1)  The funds are necessary to monitor removalactions conducted by private parties at sites listed pursuant to subsection(c)(1);

(2)  State funds are necessary for the State's shareof a removal or remedial action pursuant to section 104(c)(3) of CERCLA;

(3)  The funds are used to assess, evaluate, andcharacterize the nature and extent of a release of hazardous substances orpollutants or contaminants at sites listed pursuant to this section; or

(4)  The director determines that immediate removalaction at a facility or site is necessary because there may be an imminent andsubstantial endangerment to the public health or welfare or the environment.

(e)  The criminal penalties set forth insections 128D-3 and 128D-10 shall not take effect until the state contingencyplan has been adopted.  Until the state contingency plan is adopted, theNational Contingency Plan, as it exists on the effective date of this chapter,will be considered to be the state contingency plan for purposes of enforcingthe remaining sections of this chapter.

(f)  The department may adopt such rules, as itdeems necessary for the implementation, administration, and enforcement of thischapter, CERCLA, the Clean Water Act, and other pertinent laws. [L 1988, c 148,pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §8]

 

Note

 

  Effective date of L1991, c 280 is June 17, 1991.