Section 11-280.1-429 - Delivery, deposit, and acceptance prohibition(a) No person shall deliver to, deposit into, or accept a regulated substance into an UST or tank system that has been identified by the department as ineligible for delivery, deposit, or acceptance.(b) An UST or tank system shall be identified by the department as ineligible for delivery, deposit, or acceptance by placement of a tag or other notice of ineligibility onto the fill pipe of the ineligible UST or tank system. If an owner or operator is not present at the facility at the time the underground storage tank is identified as ineligible, the department may notify an employee at the facility at the time of identification in lieu of the owner or operator.(c) No person shall remove, tamper with, destroy, or damage a tag or other notice of ineligibility affixed to any UST or tank system unless authorized to do so by the department. Removal of a tag or other notice of ineligibility by the department or person authorized by the department shall occur only after the department confirms that the conditions giving rise to the delivery prohibition have been corrected to the department's satisfaction. The department shall make this determination either at a hearing, if one is requested in accordance with this section, or as soon as practicable.(d) Pursuant to this section, a tag or other notice of ineligibility may immediately be affixed to the fill pipe of an UST or tank system upon finding by the department of any of the following:(1) Operating without a permit issued by the department;(2) Operating inconsistently with one or more conditions of a permit issued by the department;(3) Required spill prevention equipment is not installed or properly functioning or maintained;(4) Required overfill protection equipment is not installed or properly functioning or maintained;(5) Required release detection equipment is not installed or properly functioning or maintained;(6) Required corrosion protection equipment is not installed or properly functioning or maintained;(7) Failure to maintain financial responsibility; or(8) Failure to protect a buried metal flexible connector from corrosion.(e) An owner or operator of an UST or tank system designated by the department to be ineligible shall be provided a hearing to contest the department's determination of ineligibility within forty-eight hours of the department's receipt of a written request for a hearing by the owner or operator of the ineligible UST or tank system. The hearing shall modify or affirm the department's determination of ineligibility and shall be conducted in accordance with chapter 91, Hawaii Revised Statutes, and the department's rules of practice and procedure.Haw. Code R. § 11-280.1-429
[Eff 7/15/2018] (Auth: HRS § 342L-3) (Imp: HRS § 342L-32.5)