Ā§342J-36Ā  Hazardous waste releases.Ā (a)Ā  Whenever the director determines that there has been a release ofhazardous waste or of a hazardous waste constituent into the environment from afacility handling hazardous wastes, the director may:

(1)Ā  Require the facility or site to undertakecorrective action or such other response action as the director deems necessaryto protect human health or the environment; and

(2)Ā  Require that corrective action be taken beyondthe facility boundary where necessary to protect human health or theenvironment unless the owner or operator of the facility concerned demonstratesto the satisfaction of the director that, despite the owner or operatorā€™s bestefforts, the owner or operator was unable to obtain the necessary permission toundertake such action.

(b)Ā  Whenever the director determines thatthere is or has been a release of hazardous waste or of a hazardous wasteconstituent into the environment from a hazardous waste management facility orsite, the director may issue an order requiring corrective action to protecthuman health or the environment, or the director may commence a civil actionfor appropriate relief, including a temporary, preliminary, or permanentinjunction, the imposition and collection of civil penalties, or other relief.Ā For purposes of enforcement, failure to comply with an order issued pursuant tothis chapter shall constitute a violation of a requirement of this chapter.

(c)Ā  Any person to whom the order is issued maybe required to submit to the director within thirty days a proposal forcarrying out the required monitoring, testing, analysis, and reporting.

(d)Ā  If the director determines that the owneror operator is not able to conduct corrective action in a satisfactory manner,the director may dictate the conduct of such activity, the cost of which shallremain the responsibility of the owner or operator.

(e)Ā  Each permit issued by the director underthis chapter shall require corrective action for all releases of hazardouswaste or any hazardous waste constituent into the environment from the facilityseeking the permit.Ā  Permits may contain schedules of compliance for suchcorrective action (where such corrective action cannot be completed prior toissuance of the permit), and shall contain assurances of financialresponsibility for completing such corrective action.

(f)Ā  If the action that results in a releaseotherwise constitutes a violation of this chapter, nothing in this sectionshall be construed to preclude the director from taking appropriate actionunder other provisions of this chapter.

(g)Ā  Public notice shall be given for proposeddecisions on a final remedy. [L 1989, c 212, pt of Ā§5; am L 1990, c 298, Ā§13;am L 1991, c 259, Ā§15; am L 1995, c 180, Ā§29]

 

Cross References

 

Ā  Environmental response law, see chapter 128D.

Ā  Hawaii emergency planning and community right-to-know act,see chapter 128E.