HAR §11-280.1-230
HAR §11-280.1-230. sections 11-280
Length: 435 wordsOfficial source
Cite as Haw. Code R. § 11-280.1-230
1-90 to 11-280.1-111,
provided that the holder:
(A)
Empties all of its known USTs and UST
systems within sixty calendar days
after foreclosure, or another
reasonable time period specified by the
department, so that no more than 2.5
centimeters (one inch) of residue, or
0.3 percent by weight of the total
capacity of the UST system, remains in
the system; leaves vent lines open and
functioning; and caps and secures all
other lines, pumps, manways, and
ancillary equipment; and
(B)
Empties those USTs and UST systems that
are discovered after foreclosure within
sixty calendar days after discovery, or
another reasonable time period
specified by the department, so that no
more than 2.5 centimeters (one inch) of
residue, or 0.3 percent by weight of
the total capacity of the UST system,
remains in the system; leaves vent
lines open and functioning; and caps
and secures all other lines, pumps,
manways, and ancillary equipment.
(3)
If another operator does not exist, as
provided for under paragraph (1), in
addition to satisfying the conditions under
paragraph (2), the holder must either:
(A)
Permanently close the UST or UST system
in accordance with sections 11-280.1-71
to 11-280.1-74, except section
11-280.1-72(b); or
(B)
Temporarily close the UST or UST system
in accordance with the following
applicable provisions of section
11-280.1-70:
(i)
Continue operation and maintenance
of corrosion protection in
accordance with section
11-280.1-31;
280.1-200
3 5 8 4
§11-280.1-230
(ii)
Report suspected releases to the
department; and
(iii)
Conduct a site assessment in
accordance with section
11-280.1-72(a) if the UST system
is temporarily closed for more
than twelve months and the UST
system does not meet the
applicable system design,
construction, and installation
requirements in subchapter 2,
except that the spill and overfill
equipment requirements do not have
to be met. The holder must report
any suspected releases to the
department. For purposes of this
provision, the twelve-month period
begins to run from the date on
which the UST system is emptied
and secured under paragraph (2).
(4)
The UST system can remain in temporary
closure until a subsequent purchaser has
acquired marketable title to the UST or UST
system or facility or property on which the
UST or UST system is located. Once a
subsequent purchaser acquires marketable
title to the UST or UST system or facility
or property on which the UST or UST system
is located, the purchaser must decide
whether to operate or close the UST or UST
system in accordance with applicable
requirements in this chapter.
[Etf 7 /15/18;
comp 1/17/20; comp 7/8/21; comp
MAR212025
]
(Auth:
HRS §§3421-3,
3421-36)
(Imp:
HRS §§3421-3, 3421-36)
§