HAR §11-280.1-66. Corrective action plan

(a) The department may require that the owner and operator submit a written corrective action plan for responding to a release, if one or more of the following minimum threshold criteria is met: (1) Actual or probable release to groundwater which is a drinking water supply; (2) Actual or probable release to surface water which is a drinking water supply; (3) Actual or probable release to air that poses 280.1-87 3 5 8 4 §11-280.1-66 a threat to public health; (4) Actual or probable release to and extensive contamination of soil that poses a direct contact hazard due to uncontrolled access; (5) Actual or probable existence of uncontrolled regulated substances that pose a direct contact hazard due to uncontrolled access; (6) Actual or probable adverse impact to natural resources; (7) Actual or probable imminent danger of fire or explosion; or (8) A determination by the director that a release poses a substantial endangerment to public health or welfare, the environment, or natural resources. (b) If a plan is required, owners and operators must submit the plan to the department in a format established by the department within thirty days of the department's request, unless an extension of time is granted by the department. (c) Corrective action plans which are required to be submitted to the department shall be subject to the review and discretionary approval of the department in accordance with the procedures set forth in this section. Owners and operators are responsible for submitting a corrective action plan that provides for adequate protection of human health and the environment as determined by the department and must make necessary modifications to the plan when directed to do so by the department. (d) The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the department will consider the following factors as appropriate: (1) Physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration; (2) Hydrogeologic characteristics of the facility and the surrounding area; (3) Proximity, quality, and current and future 280.1-88 3 5 8 4 uses of nearby surface water and groundwater; §11-280.1-67 (4) Potential effects of residual contamination on nearby surface water and groundwater; (5) An exposure assessment; and (6) All other information assembled in compliance with this subchapter. {e) The public participation procedures set forth in section 11-280.1-67 apply to all corrective action plans submitted under this section. {f) Upon approval of a corrective action plan, owners and operators must implement the plan, including any modifications to the plan made by the department. Owners and operators must monitor, evaluate, and report quarterly to the department the results of implementing the corrective action plan pursuant to this section and section 11-280.1-65.2. {g) Owners and operators who have been requested by the department to submit a corrective action plan are encouraged to begin cleanup of contaminated soils, surface water, groundwater, and materials before the plan is approved by the department provided that they: (1) Notify the department of their intention to begin cleanup; (2) Ensure that cleanup measures undertaken are consistent with the cleanup actions required pursuant to section 11-280.1-65.3; (3) Comply with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities; and (4) Incorporate self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval. [Eff 1/AÊSiiËbzfomp 1/17/20; comp 7/8/21; comp ] (Auth: HRS §§342L-3, 342L-35) (Imp: HRS §§342L-3, 342L-35) §11-280.1-67 Public participation for corrective action plans. {a) The department shall 280.1-89 3 5 8 4 §11-280.1-67 conduct public participation activities in accordance with subsections (c) through (h) when: (1) A corrective action plan required pursuant to section 11-280.1-66(a) has been submitted and the department has made a tentative decision concerning the proposed plan; or (2) Implementation of any previously approved corrective action plan has not achieved the cleanup levels established in the plan and termination of the plan is under consideration by the department. (b) The department will provide notice to the public of the release and the applicable response as required in subsections (c) and (d). Costs for all public participation activities described in subsections (c) through (h) shall be borne by the owner and operator of the UST or UST system, including the costs of making copies of materials to the public under subsection {f). (c) Notice to members of the public directly affected by the release, as defined in section 11-280.1-65.l(a), shall be given in the form of a letter from the department and shall include at least 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) Summary of the release information and the proposed or previously approved corrective action plan; (4) The department's tentative decision concerning the proposed corrective action plan or concerning the termination of the previously approved corrective action plan; (5) Announcement that an informational meeting will be held in accordance with subsection (g); (6) Request for comments on the corrective action plan and the department's tentative decision; and (7) Availability of information on the release and the department's tentative decision. (d) Notice to the general public shall be given 280.1-90 3 5 8 4 .. §11-280.1-70 in the form of a notice in a local newspaper and shall include at least the information required in subsection (c) (1) to (7). (e) Comments shall be received by the department no later than thirty days after the notice provided in subsections (c) and (d) or after the end of the public meeting held pursuant to subsection (g), if any, whichever occurs later. (f) Information on the release, the proposed corrective action plan, and the department's tentative decision on the plan shall be made available to the public for inspection upon request. (g) Before approving a corrective action plan, the department may conduct a public meeting to provide information and receive comments on the proposed plan. A meeting will be held if there is sufficient public interest. Public interest shall be indicated by written request to the department. (h) At the director's discretion, a notice of final decision may be issued. [Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 212025 ] (Auth: HRS §§342L-3, 342L-35) (Imp: HRS §§342L-3, 342L-35) §