(a) Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part. All voluntary response actions, where an exemption from liability may be granted by the department, shall follow the public participation requirements of the remedial process as described in rules adopted pursuant to part I.

Terms Used In Hawaii Revised Statutes 128D-31

  • Department: means the department of health. See Hawaii Revised Statutes 128D-1
  • Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 128D-1
  • 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) Additionally, within ten days of receiving an application and processing fee, the department shall:

(1) Post a sign at the site notifying the public of participation in the voluntary response program, the public’s opportunity to comment, and how a copy of the application may be obtained; and
(2) Send a brief summary of the application to the office of planning and sustainable development for publication in the office’s bulletin along with instructions for obtaining a copy of the application and commenting procedures to the department.

The comment period shall run concurrently with and shall not delay the application process.

(c) This part shall apply to any person who chooses to conduct a voluntary response action. However, the exemption from liability in § 128D-40 shall only apply to prospective purchasers.

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