[ §128E-1] Definitions. As used in this chapter, unless the context otherwise requires: “Administrator” means the administrator of the United States Environmental Protection Agency. “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § §9601-9675. “Commission” means the Hawaii state emergency response commission. “Committee” means the local emergency […]
§128E-10 Immunity from civil liability. (a) No employee, representative, or agent of a state or county agency, or persons requested by a state or county agency to engage in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site, shall be liable for the death of or […]
§128E-11 Penalties and fines. (a) Any person who violates any of the emergency reporting, planning, or notification requirements of section 128E-6 or 128E-7, or fails to pay the fees required by section 128E-9, shall be subject to a civil penalty of not less than $1,000 but not more than $25,000 for each separate offense. Each […]
§128E-12 Enforcement. If the commission determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the commission: (1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable […]
§128E-13 Relationship to other laws. (a) This chapter shall be read in conjunction with the federal statutes and regulations providing for the identification, labeling, and reporting of information concerning hazardous material releases, and any other health and safety provisions relating to hazardous materials, and is intended to supplement federal statutes and regulations in the interest […]
§128E-2 Designation and functions of the Hawaii state emergency response commission. (a) There is created the Hawaii state emergency response commission, which shall be placed within the department for administrative purposes and carry out the requirements of this chapter. (b) The commission shall consist of the following members, who shall be appointed by the governor […]
§128E-3 Powers; rulemaking; appointment of hearing officers. (a) The commission may adopt rules in accordance with chapter 91 to implement this chapter. The rules shall include, but not be limited to, requirements for reporting releases. Any person heard at a public hearing on the adoption of any rule shall be given written notice of the […]
§128E-4 Establishment of emergency planning districts. Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department shall be responsible for Kalawao county. [L 1993, c 300, pt of §1]
§128E-5 Establishment and functions of local emergency planning committees. (a) A minimum of one local emergency planning committee shall be established in each county. The committee shall be subject to the requirements of this chapter and section 303 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §11003. (b) The members of […]
§128E-6 Reporting requirements. (a) The owner or operator of a facility in the State that stores, uses, or manufactures any hazardous substance shall comply with the following requirements: (1) Each owner or operator of a facility in the State shall comply with the emergency planning and notification requirements of sections 302 and 303 of the […]
§128E-7 Emergency notification requirements. The commission shall adopt rules in accordance with chapter 91 establishing the contents of hazardous substance release reports. The rules shall address, but are not limited to, the following: (1) The quantities of designated hazardous substances that are deemed reportable pursuant to this chapter when released; (2) The specific periods of […]
§128E-8 Funds for operation. (a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this chapter. (b) All moneys to meet the general operating needs and expenses of the emergency […]
§128E-9 Filing fees. Facilities that are required to report according to section 128E-6(a)(2), shall remit $200 with each submission of chemical inventory forms or Tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this section shall be deposited in the state treasury and accrue […]
