Haw. Code R. § 11-280.1-34 - Notification, reporting, and recordkeeping

(a) Notification. Owners and operators shall notify the department of any of the following changes in information relating to an UST or tank system by submitting the "Notification for Underground Storage Tanks" form prescribed by the director:

(1) Completed closure or change-in-service;

(2) Temporary closure or the return to currently-in-use status;

(3) Changes in product dispensing method, dispenser system, or under dispenser containment;

(4) Changes in financial responsibility mechanism;

(5) Changes in release detection method;

(6) Changes in spill and overfill prevention method;

(7) Changes in piping;

(8) Changes in type of regulated substances stored;

(9) Changes in corrosion protection mechanism; and

(10) Installation of or changes in secondary containment.

(b) Intent to close notification. Owners and operators shall notify the department of planned permanent closure or change-in-service of an UST or tank system and scheduled excavation work for permanent closure or change-in-service by submitting the "Notice of Intent to Close Underground Storage Tanks" form prescribed by the director.

(c) Timing of notification. Owners and operators shall submit the notifications required in subsection (a) and (b) within thirty days following any of the changes requiring notification, except that:

(1) Notification of planned permanent closure or change-in-service must be received by the department at least thirty days before commencement of excavation work for closure or change-in-service;

(2) Notification of scheduled excavation work for permanent closure or change-in-service must be received by the department at least seven days before the scheduled work date;

(3) Notification of change in type of regulated substance stored to a regulated substance containing greater than ten percent ethanol or greater than twenty percent biodiesel must be received by the department at least thirty days before the change; and

(4) Notification of temporary closure must be received by the department within thirty days of the UST system having met the definition of temporary closure in section 11-280.1-12.

(d) Reporting. Owners and operators must submit the following information to the department:

(1) Reports of all releases including suspected releases (sections 11-280.1-50 and 11-280.1-52), spills and overfills (section 11-280.1-53), and confirmed releases (section 11-280.1-61);

(2) Release response actions planned or taken, including initial abatement measures (section 11-280.1-62), initial site characterization (section 11-280.1-63), free product removal (section 11-280.1-64), investigation for soil and groundwater cleanup (section 11-280.1-65), and corrective action plan (section 11-280.1-66);

(3) Quarterly release response reports (section 11-280.1-65.2);

(4) Current evidence of financial responsibility as required in section 11-280.1-110; and

(5) Notice of changes in Designated Class A or B Operators (section 11-280.1-241(c)).

(e) Recordkeeping. Owners and operators must maintain the following information:

(1) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (section 11-280.1-20(b)(4); section 11-280.1-20(C)(3));

(2) Documentation of operation of corrosion protection equipment (section 11-280.1-31(4));

(3) Documentation of compatibility for UST systems (section 11-280.1-32(c));

(4) Documentation of UST system repairs (section 11-280.1-33(b));

(5) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (section 11-280.1-35(b));

(6) Documentation of periodic walkthrough inspections (section 11-280.1-36(b));

(7) Documentation of compliance with under-dispenser containment sensing device requirements (section 11-280.1-37(b));

(8) Documentation of compliance with release detection requirements (section 11-280.1-45);

(9) Results of the site investigation conducted at permanent closure or change-in-service (section 11-280.1-74);

(10) Documentation of operator training (section 11-280.1-245);

(11) Permits or variances or both, including all documentation, as specified in section 11-280.1-334(a); and

(12) Evidence of current financial assurance mechanisms used to demonstrate financial responsibility (section 11-280.1-111).

(f) Availability and maintenance of records.

(1) Owners and operators must keep the required records at the UST site or an alternative location approved by the department.

(2) Owners and operators must make the records immediately available for inspection by the department at the UST site.

(3) Permanent closure records required under section 11-280.1-74 may be maintained or submitted to the department as provided in section 11-280.1-74.

(g) Owners and operators of UST systems must cooperate fully with inspections, monitoring, and testing conducted by the department, as well as requests by the department for document submission, testing, and monitoring by the owner or operator pursuant to chapter 342L, Hawaii Revised Statutes.

Notes

Haw. Code R. § 11-280.1-34

[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-7.5) (Imp: HRS §§ 342L-3, 342L-7, 342L-7.5, 342L-30) Comp 1/17/2020 Am and comp 7/8/21; Comp 3/21/2025