Haw. Code R. § 11-453-34 - Receiving and processing community right-to-know requests

(a) To obtain information regarding a specific hazardous chemical or extremely hazardous substance at a specific facility, local emergency response plan, or notice regarding a reportable toxic chemical release, a person shall submit a written request to the committee or commission. The committee will have primary responsibility for processing such requests. If a request is submitted to a committee, the committee is encouraged to forward a copy of the request to the commission so commission staff can coordinate a response to the request.

(b) The committee or commission shall respond to a written request for information. The response shall advise the person making the request of one of the following:

(1) The time and location at which the person may inspect and copy the requested information;

(2) That additional information is needed to process the request;

(3) That the requested information is not available but the commission or committee will ask the owner or operator of the facility to provide the information; or

(4) That the request is denied because:

(A) The requested information does not exist;

(B) The owner or operator of the facility is not required to provide the information; or

(C) The committee or. commission determined that disclosing the information will impair its ability to protect public health or safety and the public interest in nondisclosure outweighs the public interest in disclosure.

(c) The committee or commission shall charge the person making a request under this subchapter the cost of reproducing the information requested. The commission shall deposit the funds received under this subchapter in the local emergency response planning committee's account that is discussed in subchapter 8 of this chapter.

(d) The committee or commission will provide all information to any person unless that information is protected from disclosure by federal or state law or the committee or commission makes a finding in accordance with section 11-453-34(b)(4)(C).

Notes

Haw. Code R. § 11-453-34

[Eff NOV 05 2010] (Auth: HRS §§ 92-21, 92F, 128E-2, 128E-3, 128E-13) (Imp: HRS §§ 92-21, 92F, 128E-2, 128E-3, 128E-13)