Bill Text: HI SB2407 | 2022 | Regular Session | Introduced
Bill Title: Relating To Underground Storage Tanks.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2022-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB2407 Detail]
Download: Hawaii-2022-SB2407-Introduced.html
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THE SENATE |
S.B. NO. |
2407 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to underground storage tanks.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 342L-4, Hawaii Revised Statutes, is amended to read as follows:
"§342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department.
(b)
The department may require that applications for such permits shall be
accompanied by plans, specifications, and such other information as it deems
necessary in order for it to determine whether the proposed installation,
alteration, or use will be in accord with applicable rules and standards[.];
provided that an application for any permit required under this chapter shall include
a specific response plan including protocols and procedures to respond to a worst
case scenario. The specific response plan
shall include provisions for:
(1) The immediate notification and containment of
spills;
(2) The removal of tank contents to an alternative
location;
(3) Identification of available funds for public
health care costs and environmental remediation; and
(4) Other requirements deemed appropriate by the
director.
(c)
The director shall issue a permit for any term, not exceeding five
years, if the director determines this to be protective of human health and the
environment; provided that the director shall not approve an application for
the issuance or renewal of a permit without the department first holding a public
hearing in the county affected by the approved permit; provided further
that the permit may be subject to conditions as the director may
prescribe. The director, on application,
shall renew a permit from time to time for a term not to exceed five years if
the director determines this to be protective of human health and the environment. The director shall not deny an application
for the issuance or renewal of a permit without affording the applicant an
opportunity for a hearing in accordance with chapter 91.
The director, on the director’s own motion or the application of any person, may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) There is a violation of any condition of the permit;
(2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or
(3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment.
(d) The director shall not issue a permit to any applicant
who is not in good standing. For the purposes
of this section, "good standing" means the applicant is in compliance
with all:
(1) Contractual obligations
to the State;
(2) State and federal
laws regarding environmental remediation and disaster management planning;
(3) Government-issued
permits; and
(4) Financial obligations.
[(d)] (e) No applicant for a modification or renewal of
a permit shall be held in violation of the requirement to obtain a permit
during the pendency of the applicant's application so long as the applicant acts
in compliance with the permit previously granted."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3 This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Underground Fuel Storage Tank; Permit; Good Standing
Description:
Requires permit applicants to submit contingency plans for worst case scenarios. Requires a public hearing to be held to permit approval. Requires an applicant to be in good standing before receiving a permit approval.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
