HAR §11-280.1-96. section ll-280

l-95(b) or (c) and (d), Hawaii Administrative Rules, guarantor shall send within one hundred twenty days of such failure, by certified mail, notice to [owner or operator). The guarantee will terminate one hundred twenty days from the date of receipt of the notice by [owner or operator), as evidenced by the return receipt. (5) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within ten days after commencement of the proceeding. (6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or operator) pursuant to chapter 11-280.1, Hawaii Administrative Rules. (7) Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable financial responsibility requirements of subchapter 8 of chapter 11-280.1, Hawaii Administrative Rules, for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [owner or operator), as evidenced by the return receipt. (8) The guarantor's obligation does not apply to any of the following: (a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law; (b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator]; (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft; 280.1-115 3 5 8 4 §11-280.1-96 (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator) that is not the direct result of a release from a petroleum underground storage tank; (e) Bodily damage or property damage for which [insert owner or operator) is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of section 11-280.1-93, Hawaii Administrative Rules. (9) Guarantor expressly waives notice of acceptance of this guarantee by the Hawaii department of health, by any or all third parties, or by [owner or operator) . I hereby certify that the wording of this guarantee is identical to the wording specified in section 11-280.l-96(c), Hawaii Administrative Rules, as such regulations were constituted on the effective date shown immediately below. Effective date: [Name of guarantor) [Authorized signature for guarantor} [Name of person signing) [Title of person signing) Signature of witness or notary: (d) An owner or operator who uses a guarantee to satisfy the requirements of section 11-280.1-93 must establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the Hawaii director of health under section 11-280.1-112. This standby trust fund must meet the requirements specified in section 11-280.1-l0²AR i1ifzb25/15/18; comp 1/17/20; comp 7/8/21; comp ] (Auth: HRS §§342L-3, 342L-36) (Imp: HRS §§342L-3, 342L-36) 280.1-116 3 5 8 4