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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2268 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to WATER QUALITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The
legislature finds that the State's freshwater resources have also been
appropriately recognized as sacred and essential to all life, and the
protection and careful stewardship of Hawaii's wai has been a priority of
Kanaka Oiwi culture and governance since time immemorial.
The
legislature finds that the contamination of groundwater and drinking water
sources with jet fuel from underground storage tanks must not be
tolerated. As emphasized by state and
county agency officials and elected leaders on the Water Alliance Initiative,
any contamination must be fully remediated.
There should be no acceptable level of jet fuel in precious and
otherwise pure wai.
The
purpose of this Act is to fully restore the environment, including drinking
water and groundwater, after any release of jet fuel from an underground
storage tank or tank system.
SECTION 2. Section 342L-35, Hawaii Revised Statutes, is amended to read as follows:
"§342L-35 Response to suspected or confirmed releases. (a) 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;
(2) Requirement for proper closure of the tank or tank system, following the requirements established under section 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[;],
subject to subsection (b); and
(4) Requirement to notify those members of the public directly affected by the release and the proposed response to the release.
(b) Restoration of the environment shall require
the cleanup and removal of all jet fuel, including fuel additives and all
compounds resulting from the degradation of jet fuel or jet fuel additives or
the reaction of jet fuel or jet fuel additives with water or other chemicals.
(c) It shall be a rebuttable presumption that the detection of jet fuel, jet fuel additives, or compounds derived from jet fuel or jet fuel additives in the environment or groundwater in the vicinity of an underground storage tank or tank system after a confirmed release from an underground storage tank or tank system is the result of the confirmed release."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DOH; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Zero Jet Fuel; Rules
Description:
Clarifies
the level of environmental restoration owners and operators of underground
storage tanks or tank systems that had a confirmed release must satisfy by
requiring the removal of all jet fuel, including fuel additives and all
compounds resulting from the degradation of jet fuel or jet fuel additives or
the reaction of jet fuel or jet fuel additives with water or other chemicals. Establishes a rebuttable presumption that the
detection of these contaminants in the vicinity of an underground storage tank
or a tank system after a confirmed release is a result of the confirmed
release.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.