§128D-32  Definitions.  As used in this part, unless the context otherwise requires:

Terms Used In Hawaii Revised Statutes 128D-32

  • operator: means :

         (1)  In the case of a vessel, any person owning, operating, or chartering by demise the vessel;

         (2)  In the case of an onshore facility or an offshore facility, any person owning or operating the facility; and

         (3)  In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of a state or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand. 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
  • 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

     “Prospective purchaser” means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under § 128D-6, prior to a voluntary response action being conducted.

     “Requesting party” means the person or persons submitting an application to conduct a voluntary response action.

     “Voluntary response action” means a response conducted voluntarily by a requesting party.