Bill Text: HI SB2682 | 2022 | Regular Session | Introduced
Bill Title: Relating To Underground Storage Tanks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-24 - Referred to HTH/AEN, JDC/WAM. [SB2682 Detail]
Download: Hawaii-2022-SB2682-Introduced.html
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THE SENATE |
S.B. NO. |
2682 |
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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:
"§342L- Permits near a potable water aquifer prohibited;
exceptions (a) The
department shall not issue a permit for a new underground fuel storage tank located
above or within feet of a potable water aquifer;
provided that a permit may be issued by the department for purposes of
repairing an existing underground fuel storage tank.
(b) Permits issued for an existing
underground fuel storage tank located above or within
feet of a potable water aquifer shall not be extended or renewed beginning January 1,
2023.
(c) Beginning
January 1, 2030, the department shall not authorize any variances pursuant to section
342L-5, for an underground fuel storage tank located above or within
feet of a potable water aquifer."
SECTION 2. Section 342L-4.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
SECTION 3. Section 342L-5, Hawaii Revised Statutes, is amended to read as follows:
"§342L-5 Variances allowed. Provisions under this chapter deemed more
stringent than the federal rules established under Subtitle I of the federal
Resource Conservation and Recovery Act, as added by the federal Hazardous and
Solid Waste Amendments of 1984, may be varied by the department, when the
variance results in an equivalent degree of human health and environmental
protection and does not present a greater danger to human health or the
environment[.]; provided that beginning January 1, 2030, the department shall not authorize any variances
for an underground fuel storage tank located above or within
feet of a potable water aquifer."
SECTION 4. Section 342L-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications:
(1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system;
(2) The material used
in the construction or lining of the tank or tank system is compatible with the
substance to be stored; [and]
(3) Existing
underground storage tanks or existing tank systems shall be replaced or
upgraded not later than December 22, 1998, to prevent releases for their
operating life[.]; and
(4) No underground storage
tank or tank system shall be operated or installed above a sole source aquifer as
defined by title 40 Code of Federal Regulations section 149.2."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Underground Storage Tanks; Regulations; Permits; Variances; Potable Water Aquifer; Sole Source Aquifers
Description:
Prohibits the issuance of permits located above or within feet of a potable water aquifer; provided that a permit may be issued for purposes of repairing or replacing an existing underground fuel storage tank. Prohibits extensions or renewals of permits issued for such underground fuel storage tanks beginning January 1, 2023. Prohibits the authorization of variances for such underground fuel storage tanks beginning January 1, 2023. Accelerates the start date of the prohibition against the operation of an underground fuel storage tank within one hundred yards of the shoreline and the renewal of permits therefor from January 1, 2045, to January 1, 2030. Prohibits the operation or installation of an underground storage tank above a sole source aquifer.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
