Haw. Code R. § 11-451-13 - Removal actions

(a) Review of existing information. If the department determines that a removal action may be appropriate, the department shall review or require to be reviewed, all existing assessments of the facility or vessel, including any assessment conducted under section 11-451-11, to enable the department to determine if sufficient information is available to select the appropriate removal action. Based on the available information, only the most qualified technologies that apply to the media or source of contamination should be considered.

(b) Information to select removal actions. If the department determines that sufficient information is not available to select the appropriate removal action, and the exigencies of the situation do not allow for an assessment pursuant to section 11-451-11, the department shall collect or require to be collected, information sufficient to supplement any existing information and enable the department to select an appropriate removal action. This information should at a minimum address the following:

(1) Identification of the source and nature of the release or threat of release;

(2) Identification of the magnitude of the threat to public health or welfare, the environment, or natural resources;

(3) Information necessary to determine whether a removal is appropriate; and

(4) Information necessary to determine whether another party is undertaking the proper response action.

(c) Removal action requirements. Removal actions shall, to the extent practicable as determined by the department:

(1) Address all immediate threats;

(2) Permanently and completely address the threat posed by the entire site;

(3) Contribute to the efficient performance of any anticipated remedial action with respect to the release concerned; and

(4) Take into consideration the identification and selection of presumptive response actions as described in 11-451-15(d).

(d) Removal action reports. For all removal actions, the department shall complete a removal action report documenting the decision selecting a removal action.

(1) Removal action reports shall describe the following:

(A) The location of the release or threat of release;

(B) The cause of the release or threat of release;

(C) The initial situation at the facility or vessel which preceded the decision to conduct a removal action;

(D) Any efforts conducted by the department to obtain a response by other parties, if appropriate;

(E) The removal action and any alternatives considered;

(F) The resources expended; and

(G) A description of any hazardous substances, pollutants, or contaminants remaining on-site.

(2) In those instances where it is practicable, as determined by the department, the department shall complete a removal action report before the initiation of the removal action. In these instances, the removal action report shall be supplemented to include those items in paragraph (1)(G) and (1)(H) after the completion of the removal action.

(3) If the department determines, that it is not practicable to complete a removal action report before initiation of a removal action due to the urgency of the initial situation at the facility or vessel, the department shall complete, a removal action report after the completion of the removal action.

(e) Additional data collection or studies. If the department determines that the removal action may not fully address the threat posed by the release and the release may require further action, the department may undertake or require data collection efforts or studies, as appropriate, to determine what further response actions may be necessary, and if necessary conduct or require to be conducted any appropriate remedial action.

(f) Public participation in removal actions conducted by the department using fund monies. For removal actions conducted by the department using fund monies, if based on the site conditions, the department determines that the cost of a removal action could reasonably be anticipated to exceed $25,000; or that public participation activities are in the public interest or significant concern has been expressed or is likely to be expressed by affected or potentially affected public or private interests, including local communities, as a result of the implementation of removal action activities, the department shall conduct the following public participation activities:

(1) Publish a notice of availability, pursuant to chapter 91, HRS, of the administrative record file established pursuant to section 11-451-19 in a newspaper which is printed and issued at least twice weekly in the county affected by the response action, and if appropriate, in a newspaper of general circulation in the state, within 60 days of initiation of on-site removal activity; and

(2) Provide a public comment period of not less than 30 days from the time the administrative record file is made available for public inspection, pursuant to section 11-451-21.

(g) Public participation in removal actions conducted by potentially responsible parties. For removal actions conducted by potentially responsible parties, if based on the site conditions, the department determines that public participation activities are in the public interest or significant concern has been expressed or is likely to be expressed by affected or potentially affected public or private interests, including local communities, as a result of the implementation of removal action activities, potentially responsible parties shall conduct the following public participation activities:

(1) Publish a notice of availability, pursuant to chapter 91, HRS, of the administrative record file established pursuant to section 11-451-19 in a newspaper which is printed and issued at least twice weekly in the county affected by the response action, and if appropriate, as determined by the department, in a newspaper of general circulation in the state, within 60 days of initiation of on-site removal activity; and

(2) Provide a public comment period of not less than 30 days from the time the administrative record file is made available for public inspection, pursuant to section 11-451-21.

(h) Further removal actions. All facilities or vessels are eligible for further removal actions should the department determine that facility or vessel conditions warrant such action.

(i) Notification of natural resource trustees. Where determined appropriate by the department, if natural resources are or may be affected by the release, the department shall ensure that state and federal trustees of the affected natural resources have been notified in order that trustees may initiate appropriate actions, including cost recovery for damages.

Notes

Haw. Code R. § 11-451-13

[Eff. AUG 17 1995] (Auth: HRS §§ 128D-4, 128D-7, 128D-14) (Imp: HRS §§ 128D-4, 128D-7128D-14)