§342L-52  Response to suspected orconfirmed releases.  (a)  In the event of a petroleum release from anunderground storage tank or tank system, which occurs prior to the adoption ofrules for response to suspected or confirmed releases pursuant to section342L-35, the department may:

(1)  Issue an order requiring the owner or operator ofan underground storage tank or tank system to undertake response action as isnecessary to protect human health or the environment and fixing a place andtime, not later than twenty-four hours thereafter, for a hearing to be heldbefore the director; or

(2)  Undertake response action by itself or bycontract as is necessary to protect human health or the environment.

The department shall use moneys from the fundto pay for costs incurred in undertaking or compelling a response actionpursuant to this subsection.

The department shall assign priority inundertaking response actions, pursuant to this subsection, to cases in whichthe department cannot identify, within the time necessary to protect humanhealth or the environment, a solvent owner or operator of the tank or tanksystem, or even if able to identify such a person, has cause to believe thatthe person cannot or will not properly undertake a response action.

(b)  In the event of a petroleum release froman underground storage tank or tank system, which occurs after the adoption ofrules for response to suspected or confirmed releases pursuant to section342L-35, the department may take all actions and issue such orders as aredescribed in subsection (a), which are in conformity with the rules; providedthat the department may undertake response actions with respect to any releaseof petroleum into the environment from an underground storage tank or tanksystem only if the department finds the action to be necessary to protect humanhealth or the environment and one or more of the following conditions exists:

(1)  No person can be found, within ninety days orsuch shorter period as may be necessary to protect human health or theenvironment who is:

(A)  An owner or operator of the tank or tanksystem;

(B)  Subject to the response action rules; and

(C)  Capable of carrying out the response actionproperly;

(2)  Prompt action by the department is required toprotect human health or the environment;

(3)  Anticipated costs of the response action at afacility will exceed the amount of financial responsibility coverage requiredby the department and, considering  the class or category of tank or tanksystem from which the release occurred, the director determines that expenditures from the fund are necessary in order to assure effective responseaction; or

(4)  The owner or operator of the tank or tank systemhas failed or refused to comply with a federal order issued pursuant to eithersection 9003 or 9006 of the federal Resource Conservation and Recovery Act orwith an order issued pursuant to this section or section 342L-8 or 342L-9 tocomply with the rules on response to suspected or confirmed releases.

The department shall assign priority inundertaking response actions pursuant to this subsection and in issuing ordersrequiring owners or operators to undertake response actions to those casesinvolving releases of petroleum from underground storage tanks or tank systems thatpose the greatest threat to human health or the environment.

(c)  The department is authorized to issueorders to the owner or operator of an underground storage tank or tank systemto comply with rules adopted under section 342L-35.

(d)  Response actions undertaken by thedepartment may include the temporary or permanent relocation of residents andthe provision of alternative household water supplies.

(e)  In connection with the performance of anyresponse action, the department may undertake an exposure assessment.  Aresponse action to abate immediate hazards or reduce exposure shall not bedelayed in order to complete any exposure assessment.  The costs of any suchassessment may be deemed to have been incurred in undertaking the responseaction.

(f)  Except as provided in this subsection, inorder to protect human life, at any facility whose owner or operator has failedto maintain evidence of financial responsibility in amounts at least equal tothe amounts established pursuant to section 342L-36, the department shallexpend no moneys from the fund to respond to releases at the facility pursuantto subsections (a) and (b).  At these facilities the department may use theauthority provided in this chapter to order a response action to these releases. The department may use moneys from the fund to take a response action ifnecessary to protect human health at these facilities and shall seek fullrecovery of the costs of all such actions.  Nothing in this subsection shallprevent the department from taking a response action at a facility where thereis no solvent owner or operator or where immediate action is necessary torespond to an imminent and substantial endangerment of human health or theenvironment. [L 1989, c 212, pt of §6; am L 1992, c 259, §31]

 

Cross References

 

  Environmental response law, see chapter 128D.

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