[ 128D-41] Termination of voluntary response action. (a) An agreement under this part may be terminated by the requesting party at any time.
Terms Used In Hawaii Revised Statutes 128D-41
- 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
- remedial action: means those actions consistent with permanent correction taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance or pollutant or contaminant into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. 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 director may terminate an agreement pursuant to this section when:
(1) There is an imminent and substantial threat to public health, the environment, or natural resources;
(2) The requesting party is not acting in good faith;
(3) Inadequate funds remain in the site-specific account;
(4) An applicant becomes ineligible after initiating the action pursuant to sections [128D-33] and [128D-35];
(5) An applicant fails to comply with the terms of the agreement noted in section [128D-34(e)]; or
(6) The draft remedial action is inadequate.
(c) Termination of the agreement pursuant to this section does not affect any right the director may have under any law to recover costs or to take enforcement action.
(d) Nothing in this part prohibits the department from taking enforcement action prior to completion of the voluntary response action. Furthermore, the director may, at any time, use the director’s authority under section 128D-4 when it is deemed necessary.