HAR §11-280.1-429. authorized to do so by the department

Removal of a tag or other notice of ineligibility by the department or person authorized by the department shall occur only after the department confirms that the conditions giving rise to the delivery prohibition have been corrected to the department's satisfaction. The department shall make this determination either at a hearing, if one is requested in accordance with this section, or as soon as practicable. (d) Pursuant to this section, a tag or other notice of ineligibility may immediately be affixed to the fill pipe of an UST or tank system upon finding by the department of any of the following: (1) Operating without a permit issued by the department; (2) Operating inconsistently with one or more conditions of a permit issued by the department; (3) Required spill prevention equipment is not installed or properly functioning or maintained; (4) Required overfill protection equipment is not installed or properly functioning or maintained; (5) Required release detection equipment is not installed or properly functioning or maintained; (6) Required corrosion protection equipment is not installed or properly functioning or maintained; (7) Failure to maintain financial responsibility; or (8) Failure to protect a buried metal flexible connector from corrosion. (e) An owner or operator of an UST or tank system designated by the department to be ineligible shall be provided a hearing to contest the department's determination of ineligibility within forty-eight hours of the department's receipt of a written request for a hearing by the owner or operator of the ineligible UST or tank system. The hearing shall modify or affirm the department's determination 280.1-220 3 5 8 4 §11-280.1-429 of ineligibility and shall be conducted in accordance with chapter 91, Hawaii Revised Statutes, and the department's rules of practice and procedure. [Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 21 2025 ) (Auth: HRS §342L-3) (Imp: HRS §342L-32.5) 280.1-221 3 5 8 4 DEPARTMENT OF HEALTH The Amendment and Compilation of Chapter 11-280.1, Hawaii Administrative Rules, on the Summary Page dated December 16, 2024 occurred on December 16, 2024 following public hearings held on September 12, 2024, after public notice was given in the Honolulu Star-Advertiser, The Garden Island, Hawaii Tribune­ Herald, and The Maui News on August 8, 2024. The foregoing rulemaking actions shall take effect ten days after filing with the Office of the Lieutenant Governor. r KenneŔŕMD, MGA, MPH APPROVED AS TO FORM: -A Wade H7cµ- ŖII Deputy Attorney General Director of Health Governor of Hawaii Dated: MAR 11 2025 Filed 3 5 8 4 3 5 8 4 .