Current through September, 2024
Section 11-451-11 - Assessment of Facilities or Vessels(a) Purpose. The purpose of the assessment is to collect preliminary data, and evaluate the degree of hazard a release or threat of a release poses to public health or welfare, the environment, or natural resources. In addition, in order to accelerate response action, data collected during this phase of response may provide the basis for the selection of a removal or remedial action, should the department determine that such action is warranted. The goal of the process is to: (1) Eliminate from further action those facilities or vessels that do not pose a substantial endangerment to the public health or welfare, the environment, or natural resources; or(2) Determine if a facility or vessel may meet one or more of the minimum hazard threshold criteria contained in section 11-451-9(b), and therefore, taking additional response actions is appropriate.(b) Assessment activities. Assessment activities may include, but are not limited to, the following: (1) Review of existing information about a release such as information identifying actual and potential receptors, source, nature and magnitude of a release or a threat of release, and actual and potential pathways of exposure;(2) An off-site (i.e., perimeter) or on-site inspection, or both, taking into consideration whether such inspection can be performed safely;(3) Collection of or development of additional information to further evaluate the source and nature of a release or threat of release, the actual or potential receptors and the actual or potential pathways of exposure and to better characterize the release for more effective and rapid initiation of appropriate response action. If this step requires field sampling, sampling and analysis plans may be developed that shall provide a process for obtaining data of sufficient quality and quantity to satisfy data needs. The sampling and analysis plans may consist of two parts: (A) The field sampling plan, which describes the number, type, and location of samples, and the type of analyses; and(B) The quality assurance project plan, which describes the project, quality assurance objectives for data measurements, sample collection and quality control measures, sample and document custody procedures, analytical and quality control procedures and data quality management;(4) Preparation of a report that may include, but is not limited to, the following: (A) A description of the facility or vessel, including the history and nature of waste handling;(B) A description of known contaminants;(C) A description of the release or threat of release;(D) A description of the pathways of migration of hazardous substances or pollutants or contaminants;(E) An identification and description of actual and potential human and environmental receptors; and(F) A recommendation on whether further action is warranted, who should conduct further action, and whether a removal action should be considered.(c) In determining whether to conduct a removal action prior to completing the assessment, the director may consider a number of factors including but not limited to those factors contained in section 11-451-12.[Eff. AUG 17 1995] (Auth: HRS §§ 128D-4, 128D-7) (Imp: HRS §§ 5128D-4, 128D-7)