Haw. Code R. § 11-451-9 - Criteria for listing and prioritization of facilities or vessels

(a) The purpose of this section is to define the criteria for listing and prioritizing sites for response actions pursuant to this chapter.

(b) Criteria for listing of sites. In developing the list of sites, which will be published and revised at least annually by the department, for the purpose of identifying those sites subject to this chapter and 128D, HRS, the department shall identify those sites:

(1) That have not been adequately characterized to determine if they present a substantial endangerment to public health or welfare, the environment, or natural resources; or

(2) For which the department has determined removal or remedial action may be appropriate, pursuant to sections 128D-7(b) and (c), HRS.

In identifying the subject sites the department shall consider the following minimum hazard threshold criteria:

(A) Actual or probable release to ground water which is a drinking water supply;

(B) Actual or probable release to surface water which is a drinking water supply;

(C) Actual or probable release to air that poses a threat to public health;

(D) Actual or probable release to and extensive contamination of soil that poses a direct contact hazard due to uncontrolled facility access;

(E) Actual or probable existence of uncontrolled hazardous substances, pollutants, or contaminants, such as leaking containers or impoundments, that pose a direct contact hazard due to uncontrolled facility access;

(F) Actual or probable adverse impact to natural resources;

(G) Actual or probable imminent danger of fire or explosion; or

(H) A determination by the director that a facility or vessel poses a substantial endangerment to public health or welfare, the environment, or natural resources.

(c) Basis for prioritization. Generally, the number of criteria listed in subsection (b) that a facility or vessel exhibits, or the severity of any one condition, along with other factors, shall serve as a basis to guide its prioritization.

(d) Site priority designation. To prioritize facilities or vessels for assessment, removal, and remedial actions, the department will designate sites as either high, medium, or low priority.

(e) Reevaluation of facilities or vessels. The department may reevaluate a facility or vessel for listing and prioritization if the department receives additional information which would cause a change in the facility's or vessel's status or priority. This additional data, includes but is not limited to data collected during the assessment conducted pursuant to Section 11-451-11.

Notes

Haw. Code R. § 11-451-9

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