HAR §11-451-12. Determination of appropriate response action

(a) Purpose. This section identifies some of the factors which may be considered by the director in determining whether the response action required at a site should be a removal or remedial action. (b) Factors for determination of appropriate response action. The director may consider a number of factors including but not limited to: (1) The immediacy of the threat; (2) Planning time (including site characterization); (3) Implementation time; (4) The degree of risk to public health or welfare, the environment, or natural resources, including but not limited to: (A) Actual or potential exposure to nearby human populations, animals or the food chain from hazardous substances or pollutants or contaminants; (B) Actual or potential contamination of drinking water supplies or sensitive ecosystems; (C) Hazardous substances, pollutants, or contaminants in drums, barrels, tanks, or other bulk storage containers, that pose or may pose a threat of release; (D) High levels of hazardous substances, pollutants, or contaminants in soils largely at or near the surface, that may migrate; (E) Weather conditions that may cause a release of hazardous substances, pollutants, or contaminants to migrate or be released; and (F) Threat of fire or explosion; (5) Cost, including the extent to which deferral from removal to remedial will result in increased cost or increased risk to public health or welfare, the environment, or natural resources; 451-23 1853 §11-451-13 (6) Community interest; (7) Site complexity; (8) The availability of other appropriate federal, state, county, or private response mechanisms to respond to the release; and (9) Other situations or factors that may pose an imminent and substantial endangerment to public health or welfare, the environment, or natural resources. [Eff. AUG 17 1995] (Auth: HRS §§128D-4, 128D-7) (Imp: HRS §§128D-4, 128D-7)