Section 11-280.1-67 - Public participation, for corrective action plans(a) The department shall conduct public participation activities in accordance with subsections (c) through (h) when: (1) A corrective action plan required pursuant to section 11-280.1-66(a) has been submitted and the department has made a tentative decision concerning the proposed plan; or(2) Implementation of any previously approved corrective action plan has not achieved the cleanup levels established in the plan and termination of the plan is under consideration by the department,(b) The department will provide notice to the public of the release and the applicable response as required in subsections (c) and (d). Costs for all public participation activities described in subsections (c) through (h) shall be borne by the owner and operator of the UST or UST system, including the costs of making copies of materials to the public under subsection (f).(c) Notice to members of the public directly affected by the release, as defined in section 11-280.1-65.1(a), shall be given in the form of a letter from the department and shall include at least the following information: (1) Name and address of the UST or UST system;(2) Name and address of the owner and operator of the UST or UST system;(3) Summary of the release information and the proposed or previously approved corrective action plan;(4) The department's tentative decision concerning the proposed corrective action plan or concerning the termination of the previously approved corrective action plan;(5) Announcement that an informational meeting will be held in accordance with subsection (g);(6) Request for comments on the corrective action plan and the department's tentative decision; and(7) Availability of information on the release and the department's tentative decision.(d) Notice to the general public shall be given in the form of a notice in a local newspaper and shall include at least the information required in subsection (c)(1) to (7).(e) Comments shall be received by the department no later than thirty days after the notice provided in subsections (c) and (d) or after the end of the public meeting held pursuant to subsection (g), if any, whichever occurs later.(f) Information on the release, the proposed corrective action plan, and the department's tentative decision on the plan shall be made available to the public for inspection upon request.(g) Before approving a corrective action plan, the department may conduct a public meeting to provide information and receive comments on the proposed plan. A meeting will be held if there is sufficient public interest. Public interest shall be indicated by written request to the department.(h) At the director's discretion, a notice of final decision may be issued. Haw. Code R. § 11-280.1-67
[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-35) (Imp: HRS §§ 342L-3, 342L-35)