(a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section response authorities; uses of fund” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>128D-4, except:

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Terms Used In Hawaii Revised Statutes 128D-33

  • CERCLA: means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, P. See Hawaii Revised Statutes 128D-1
  • Department: means the department of health. See Hawaii Revised Statutes 128D-1
  • Director: means the director of health. See Hawaii Revised Statutes 128D-1
  • Environment: means any waters, including surface water, ground water, or drinking water supply, any land surface or any subsurface strata, or any ambient air within the State of Hawaii or under the jurisdiction of the State. See Hawaii Revised Statutes 128D-1
  • Natural resources: means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Hawaii, any county, or by the United States to the extent that the latter are subject to state law. See Hawaii Revised Statutes 128D-1
  • Requesting party: means the person or persons submitting an application to conduct a voluntary response action. See Hawaii Revised Statutes 128D-32
  • response: means remove, removal, remedy, or remedial action; and all such terms include government enforcement activities related thereto. See Hawaii Revised Statutes 128D-1
  • Voluntary response action: means a response conducted voluntarily by a requesting party. See Hawaii Revised Statutes 128D-32
(1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
(2) Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;
(3) A site where the United States Coast Guard has issued a federal Letter of Interest;
(4) A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and
(5) A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.
(b) The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.
(c) The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action.

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