(a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party.
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Terms Used In Hawaii Revised Statutes 128D-39

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • 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
(b) The letter of completion shall identify the specific hazardous substances, pollutants, contaminants, media, and land area addressed in the response action.
(c) If contamination is left on the site, the letter of completion shall specify terms and conditions necessary to protect the public health and environment.
(d) The letter of completion shall be noted on the property deed and shall be sent to the county agency that issues building permits. The exemption from future liability and other benefits and restrictions identified in the letter of completion shall run with the land and apply to all future owners of the property. The exemption from liability noted in § 128D-40 shall not apply to those persons who were liable pursuant to § 128D-6 prior to conducting the voluntary response action.

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