Haw. Code R. § 11-280.1-52 - Release investigation and confirmation steps
(a) Unless
release response action is initiated in accordance with subchapter
6, owners and operators must immediately
investigate and confirm all suspected releases of regulated substances
requiring reporting under section
11-280.1-50 within seven days
following the discovery of the suspected release, unless a written request for
extension of time is granted by the director.
(b) Investigations and confirmations required
in subsection (a) must use the following steps or another procedure approved by
the department:
(1) System test. Owners and
operators must conduct tests (according to the requirements for tightness
testing in sections
11-280.1-43(3)
and 11-280.1-44(2)
and, as appropriate, secondary containment testing described in section
11-280.1-33 (a)(6)).
(A) The test must determine whether:
(i) A leak exists in that portion of the tank
that routinely contains product, or the attached delivery piping; or
(ii) A breach of either wall of the secondary
containment has occurred.
(B) If the system test confirms a leak into
the interstice or a release, owners and operators must repair, replace, or
close the UST system. In addition, owners and operators must begin release
response action in accordance with subchapter
6 if the test results for the system, tank, or
delivery piping indicate that a release exists.
(C) Further investigation is not required if
the test results for the system, tank, and delivery piping do not indicate that
a release exists and if environmental contamination is not the basis for
suspecting a release.
(D) Owners and
operators must conduct a site assessment as described in paragraph (2) if the
test results for the system, tank, and delivery piping do not indicate that a
release exists but environmental contamination is the basis for suspecting a
release.
(2) Site
assessment. Owners and operators must measure for the presence of a release
where contamination is most likely to be present at the UST site. In selecting
sample types, sample locations, and measurement methods, owners and operators
must consider the nature of the stored substance, the type of initial alarm or
cause for suspicion, the type of backfill and surrounding soil, the depth and
flow of groundwater, and other factors as appropriate for identifying the
presence and source of the release.
(A) If the
test results for the excavation zone or the UST site indicate that a release
has occurred, owners and operators must begin release response action in
accordance with subchapter
6;
(B) If the test results for the excavation
zone or the UST site do not indicate that a release has occurred, further
investigation is not required.
(c) If it is determined that a release has
not occurred, owners and operators must report the results of the investigation
in writing to the department within thirty days following discovery of the
suspected release. The report shall include, but not be limited to, results of
the tests required by subsection (b) as well as performance claims pursuant to
section 11-280.1-40(a)(5).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Unless release response action is initiated in accordance with subchapter 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 11-280.1-50 within seven days following the discovery of the suspected release , unless a written request for extension of time is granted by the director .
(b) Investigations and confirmations required in subsection (a) must use the following steps or another procedure approved by the department :
(1) System test . Owners and operators must conduct tests (according to the requirements for tightness testing in sections 11-280.1-43(3) and 11-280.1-44(2) or, as appropriate, secondary containment testing described in section 11-280.1-33(a) (6).
(A) The test must determine whether:
(i) A leak exists in that portion of the tank that routinely contains product, or the attached delivery piping ; or
(ii) A breach of either wall of the secondary containment has occurred.
(B) If the system test confirms a leak into the interstice or a release , owners and operators must repair , replace, or close the UST system . In addition, owners and operators must begin release response action in accordance with subchapter 6 if the test results for the system, tank , or delivery piping indicate that a release exists.
(C) Further investigation is not required if the test results for the system, tank , and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release .
(D) Owners and operators must conduct a site assessment as described in paragraph (2) if the test results for the system, tank , and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release .
(2) Site assessment. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill and surrounding soil, the depth and flow of groundwater, and other factors as appropriate for identifying the presence and source of the release .
(A) If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin release response action in accordance with subchapter 6;
(B) If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.
(c) If it is determined that a release has not occurred, owners and operators must report the results of the investigation in writing to the department within thirty days following discovery of the suspected release . The report shall include, but not be limited to, results of the tests required by subsection (b) as well as performance claims pursuant to section 11-280.1-40(a)(5).