HB1408

HOUSE OF REPRESENTATIVES	H.B. NO.	1408
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO UNDERGROUND STORAGE TANKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 342L, Hawaii Revised Statutes, is amended by adding a new section to part II to read as follows:

"§342L- Inspections of tanks and tank systems; required. (a) Beginning on January 1, 2022, the owner or operator of an underground storage tank or tank system shall have each underground storage tank and tank system inspected at least every years to determine compliance with release detection standards established pursuant to section 342L-33, and other standards that are consistent with the protection of human health and the environment, including spill and overfill prevention and corrosion protection. Each inspection must be performed by an inspector qualified to perform the inspection in accordance with rules adopted by the department, and must include, as applicable, examination, assessment, testing, and documentation of the following for the underground storage tanks and tank systems inspected:

(1) Equipment;

(2) Procedures;

(3) Operations;

(4) Maintenance; and

(5) Recordkeeping.

(b) An inspection is not required for an underground storage tank that is permanently out of service.

(c) No later than thirty days after a satisfactory operations inspection is completed or no later than September 30 of the year the inspection is due, whichever is earlier, the inspector who performed the inspection of the underground storage tank or tank system shall provide to the department the results of the inspection on a form provided by the department. The form must be signed by the inspector who conducted the inspection and the owner or operator of the underground storage tank or tank system.

(d) If, after inspection, the inspector finds that the underground storage tank or tank system is not in compliance with this chapter:

(1) The inspector shall notify the owner or operator of the non-compliance;

(2) No later than ten days after the inspection was performed, the inspector shall submit the inspection report to the department;

(3) The department shall deem the underground storage tank or tank system to be substandard and not in compliance with this chapter until the required repairs are completed;

(4) The department shall issue an order pursuant to section 342L-8(a)(2) and prohibit the underground storage tank or tank system from accepting any new delivery or deposit of regulated substances; provided that the department shall revoke the permit required under this chapter not later than sixty days after the inspection was performed, unless:

(A) The required repairs have been completed in accordance with the inspector's report and recommendations, and the department receives documentation of those repairs; or

(B) The department:

(i) Receives from the owner or operator a written request accompanied by detailed repair information and a schedule of repairs; and

(ii) Grants a temporary deferral under of any prohibition on the acceptance of any new delivery or deposit of regulated substances; and

(5) The underground storage tank or tank system shall be taken out of service not later than ninety days after the date of inspection, unless the department has granted a temporary deferral under paragraph (4) of this subsection.

(e) The owner or operator shall maintain the results of inspections performed under this section for as long as the underground storage tank or tank system is used to store a regulated substance."

SECTION 2. New statutory material is underscored.

SECTION 3 This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________