The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

(1) Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

Terms Used In Hawaii Revised Statutes 342L-35

  • Department: means the department of health. See Hawaii Revised Statutes 342L-1
  • Operator: means any person in control of, or having responsibility for, the daily operation of the underground storage tank. See Hawaii Revised Statutes 342L-1
  • Owner: means :

    (1) In the case of a particular underground storage tank or tank system in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank or tank system; and

    (2) In the case of a particular underground storage tank or tank system in use before November 8, 1984, but no longer in use after that date, any person who owned such a tank or tank system immediately before the discontinuation of its use. See Hawaii Revised Statutes 342L-1

  • Release: includes , but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
  • tank: means any one or combination of tanks (including pipes connected thereto) used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten per cent or more beneath the surface of the ground. See Hawaii Revised Statutes 342L-1
  • tank system: means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. See Hawaii Revised Statutes 342L-1
(2) Requirement for proper closure of the tank or tank system, following the requirements established under § 342L-37, or repair and testing of the tank or tank system before placing it back into operation;
(3) Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department; and
(4) Requirement to notify those members of the public directly affected by the release and the proposed response to the release.

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