HAR §11-280.1-65.1. groundwater cleanup

(a) In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater and surface water, owners and operators must conduct investigations of the release, the release site, and the surrounding area possibly affected by the release if any of the following conditions exist: (1) There is evidence that groundwater wells have been affected by the release (e.g., as found during release confirmation or previous release response actions); (2) Free product is found to need recovery in compliance with section 11-280.1-64; (3) There is evidence that contaminated soils may be in contact with groundwater (e.g., as found during conduct of the initial response measures or investigations required under sections 11-280.1-60 to 11-280.1-64); and (4) The department requests an investigation, based on the potential effects of contaminated soil or groundwater on nearby surface water and groundwater resources. (b) Owners and operators must include information collected in accordance with this section with each quarterly report required pursuant to section 11-280.1-65.2. [Eff 7/15/18; comp 1/17/20; comp 7 /8 /21; comp MAR 2 1 2025 ] (Auth: HRS §§342L-3, 342L-35) (Imp: HRS §§342L-3, 3421-35) §11-280.1-65.1 Notification of confirmed releases. (a) Within ninety days following confirmation of a release, the owner and operator shall notify those members of the public directly affected by the release in writing of the release and the proposed response to the release, including a historical account of actions performed since the discovery of the release. Members of the public directly affected by the release shall include: (1) Persons who own, hold a lease for, or have 280.1-81 3 5 8 4 §11-280.1-65.1 easements at, any property on which the regulated substance released from the UST was discovered; and (2} Other persons identified by the director. (b) The owner and operator shall send a letter to all members of the public directly affected by the release. Model language for the letter shall be provided by the department and shall include at least the following information: (1) Name and address of the UST or UST system; (2) Statement that a release of regulated substance has been confirmed at the UST or UST system; (3} Name of a contact person at the department; and (4} Reference to an attached factsheet pursuant to subsection (c). (c) The letter to the members of the public directly affected by the release shall include a factsheet which contains the following information: (1} Name and address of the UST or UST system; (2) Name and address of the owner and operator of the UST or UST system; (3) Name, address, and telephone contact of the party performing the cleanup activities; (4) Date of the confirmed release; (5) Nature and extent of the confirmed release; (6) Summary of measures taken to assess the release and extent of contamination; and (7) Summary of the proposed response to the release. (d) The factsheet shall be updated on a quarterly basis and sent to all members of the public directly affected by the release. If additional members of the public directly affected by the release are identified in the course of release response actions, then the owner and operator shall provide those persons with all previous and future letters and factsheets. (e) The owner and operator shall include in the quarterly report required pursuant to section 11-280.1-65.2 the following information: (1) Copy of the letter pursuant to subsection 280.1-82 .) 5 8 4 §11-280.1-65.2 (b) ; (2) List of the members of the public directly affected by the release and to whom the letter was sent; and (3) Copies of the factsheet and amended factsheets pursuant to subsections (c) and (d). [Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR2 l?OZ ] (Auth: HRS §§342L-3, 342Lâ15f (lmp: HRS §§342L-3, 342L-35)