HAR §11-451-7

HAR §11-451-7. a substantial danger to the public health or welfare, the environment, or natural resources

Length: 718 wordsOfficial source

Cite as Haw. Code R. § 11-451-7

(b) Initial notification. Any person in charge of a facility or vessel shall immediately notify the organizations listed in subsection (c), by telephone or in person, of any release from such facility or vessel occurring on or after the effective date of these rules of: (1) A listed hazardous substance designated under section 11-451-5(b), in quantities equal to or exceeding the reportable quantity criteria in section 11-451-6(b) in any 24-hour period, except that for releases of oil of less than 25 gallons in any 24-hour period which is not contained and remedied within 72-hours need only be reported pursuant to paragraph (e) of this section; (2) An unlisted hazardous substance designated under section 11-451-5(c), in quantities equal to or exceeding the reportable quantity criteria in section 11-451-6(c) in any 24-hour period. (c) Organizations to notify: (1) The department, by calling a telephone number published by the department and designated for this purpose; and (2) All affected local emergency planning committees by calling a telephone number published by the department and designated for this purpose. (d) Notification contents. Verbal notification to the department shall consist of providing the following information, but shall not be delayed due to incomplete notification information related to the release: (1) The name (trade and chemical) and chemical abstract service registry number, if available, of the hazardous substance, pollutant, or contaminant which has been released; (2) The approximate quantity of the hazardous substance, pollutant, or contaminant which has been released; (3) The reportable quantity or other notification threshold that is the basis for notification; (4) The location of the release; (5) A brief description of the release including the medium or media into which the release occurred or is likely to occur, and the cause of the release; (6) The date, time, and duration of the release, and the date and time that the person in charge of the facility or vessel where the release occurred, obtained knowledge of the release; (7) The source of the release; (8) The name, address and telephone number of the 451-13 1853 §11-451-7 caller; (9) The name, address and telephone number of the owner and operator of the facility or vessel where the release has occurred; (10) The name and telephone number of a contact person at the facility or vessel where the release has occurred; (11) Measures taken or proposed to be taken in response to the release as of the time of the notification, and any appropriate information relating to the ability of the owner or operator of the facility or vessel where the release has occurred to pay for or perform any proposed or required response actions; (12) The names of other federal, state, or local government agencies that have been notified of the release; (13) Any known or anticipated acute or chronic health risks associated with the releasee and where appropriate, advice regarding medical attention necessary for exposed individuals; and (14) Any other information which is relevant to assessing the hazard posed by the release, including but without limitation potential impacts to public health or welfare, or the environment. (e) Written notification. Notice, including all information provided pursuant to subsection (d), and any other information not previously provided in subsection (d), shall also be made in writing to the department. This written notice shall be post-marked no later than thirty (30) days after initial discovery of a release, and sent by certified mail or another means which provides proof of delivery. (f) Releases of mixtures or solutions. Releases of mixtures or solutions containing a hazardous substance or substances are subject to the notification requirements contained in this section, only where a component hazardous substance of the mixture or solution is released in a quantity equal to or greater than its reportable quantity. This provision only applies if the person in charge of a facility or vessel knows the exact concentrations of all the hazardous substance components present in the mixture or solution. If the exact concentration of all the hazardous substance components present in the mixture or solution is not known, reporting is required if the quantity of the entire amount of material released equals or exceeds the reportable quantity of any hazardous substance component. (g) Continuous releases. For continuous releases that are stable in quantity and rate, reporting shall be made in 451-14 1853