Haw. Code R. § 11-453-23 - Release notification requirements

(a) The owner or operator of a facility shall make two separate notifications to comply with the emergency release notification requirements of this subchapter: an immediate notification, and as soon as practicable thereafter a written follow-up emergency-notification (or notifications, as more information becomes available). The owner or operator of a facility must provide the immediate release notification and written follow-up emergency notification to the commission, committee, and the fire department of any area likely to be affected by the release. Procedures for notifying of a release that occurs during transportation or from storage incident to transportation are set forth in section 11-453-23(d).

(b) The immediate notification required under this section shall include the following to the extent known at the time of notice and so long as no delay in notice or emergency response results:

(1) The name (trade and chemical) and chemical abstract service registry number, if available, of the hazardous substance that has been released;

(2) An indication of whether the substance is an extremely hazardous substance;

(3) The approximate quantity of the hazardous substance, extremely hazardous substance, pollutant, or contaminant that has been release;

(4) The reportable quantity or threshold planning quantity that is the basis for notification;

(5) The location of the release;

(6) A brief description of the release including the medium or media into which the release occurred or is likely to occur, and the cause of the release;

(7) The date, time and duration of the release, and the date and time that the person in charge of the facility where the release occurred, obtained knowledge of the release;

(8) The source of the release;

(9) The name, address, and telephone number of the caller;

(10) The name, address, and telephone number of the owner and operator of the facility where the release has occurred;

(11) The name, address, and telephone number of a contact person at the facility where the release has occurred;

(12) Measures taken or proposed to be taken in response to the release as of the time of the notification, and any appropriate information relating to the ability of the owner or operator of the facility where the release has. occurred to pay for or perform any proposed or required response actions;

(13) The names of other federal, state, or local government agencies that have been notified of the release;

(14) Any known or anticipated acute or chronic health risks associated with the release and where appropriate, advice regarding medical attention necessary for exposed individuals; and

(15) Any other information which is relevant to assessing the hazard posed by the release, including but without limitation, potential impacts to public health or welfare, or the environment.

(c) Within 30 days after a release which requires notice under subsection (b) such owner or operator shall provide a written follow-up notice as established by the department. The written form for the follow-up notice will be available from the department of health, hazard evaluation and emergency response office.

(d) An owner or operator of a facility from which there is a transportation-related release may meet the requirements of this subchapter by providing the information indicated in subsection (b) to the 911 operator, or in the absence of a 911 emergency telephone number, to the operator. For purposes of this subsection, a transportation-related release means a release during transportation or storage incident to transportation if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.

Notes

Haw. Code R. § 11-453-23

[Eff NOV 05 2010] (Auth: HRS §§ 128E-6, 128E-7) (Imp: HRS §§ 128E-6, 128E-7)