Haw. Code R. § 11-280.1-94 - Allowable mechanisms and combinations of mechanisms
(a)
Subject to the limitations of subsections (b) and (c):
(1) An owner or operator, including a local
government owner or operator, may use any one or combination of the mechanisms
listed in sections
11-280.1-95 through
11-280.1-103 to demonstrate
financial responsibility under this subchapter for one or more USTs or tank
systems; and
(2) A local government
owner or operator may use any one or combination of the mechanisms listed in
sections 11-280.1-104 through
11-280.1-107 to demonstrate
financial responsibility under this subchapter for one or more USTs or tank
systems.
(b) An owner or
operator may use a guarantee under section
11-280.1-96 or surety bond under
section 11-280.1-98 to establish financial
responsibility only if the State Attorney General has submitted a written
statement to the director that a guarantee or surety bond executed as described
in this section is a legally valid and enforceable obligation in the
State.
(c) An owner or operator may
use self-insurance in combination with a guarantee only if, for the purpose of
meeting the requirements of the financial test under this rule, the financial
statements of the owner or operator are not consolidated with the financial
statements of the guarantor.
Notes
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(a) Subject to the limitations of subsections (b) and (c):
(1) An owner or operator , including a local government owner or operator , may use any one or combination of the mechanisms listed in sections 11-280.1-95 through 11-280.1-103 to demonstrate financial responsibility under this subchapter for one or more USTs or tank systems; and
(2) A local government owner or operator may use any one or combination of the mechanisms listed in sections 11-280.1-104 through 11-280.1-107 to demonstrate financial responsibility under this subchapter for one or more USTs or tank systems.
(b) An owner or operator may use a guarantee under section 11-280.1-96 or surety bond under section 11-280.1-98 to establish financial responsibility only if the State Attorney General has submitted a written statement to the director that a guarantee or surety bond executed as described in this section is a legally valid and enforceable obligation in the State.
(c) An owner or operator may use self-insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this rule, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.