Section 11-451-24 - Entry and access(a) Pursuant to section 128D-4, HRS, for purposes of determining the need for response, or choosing or taking a response action, or otherwise enforcing the provisions of chapter 128D, HRS, the department may enter any facility or vessel, establishment, property, or other place or location described in paragraphs (1),(2),(3), or (4) to conduct, complete, operate, or maintain any response actions authorized by chapter 128D, HRS. The department may, upon reasonable notice and at reasonable times, enter: (1) Any facility or vessel, establishment, property, or other place or location where any hazardous substance, pollutant, or contaminant may be or has been generated, stored, treated, disposed of, or transported from;(2) Any facility or vessel, establishment, property or other place or location from which, or to which, a hazardous substance, pollutant, or contaminant has been, or may have been, released or where such release is or may be threatened;(3) Any facility or vessel, establishment, property or other place or location where entry is necessary to determine the need for response or the appropriate response or to effectuate a response action; or(4) Any facility or vessel, establishment, property or other place or location adjacent to those facilities or vessels, establishments, properties or other places or locations described in paragraphs (1),(2), or (3).(b) Once a determination has been made by the department that there is a reasonable basis to believe that there has been or may be a release, the department may enter all facilities or vessels, establishments, properties or other places or locations specified in subsection (a)(1),(2), or (3), at which the release or threat of release is believed to be, and all other facilities or vessels, establishments, properties or other places or locations that are related to the response or are necessary to enter in responding to that release or threat of release.(c) Designated department representatives. The department may designate as its representative solely for the purpose of access, among others, one or more potentially responsible parties, including representatives, employees, agents, and contractors of such parties. The department may exercise the authority contained in section 128D-4, HRS, to obtain access for its designated representative. A potentially responsible party may only be designated as a representative of the department where that potentially responsible party has agreed to conduct response activities pursuant to an order issued or an enforceable agreement entered into between the department and the potentially responsible party.(d) If consent is not granted under the authorities described in section (a), or if consent is conditioned in any manner, the department may issue an order pursuant to section 128D-4(a)(1), HRS, directing compliance with the request for access made under section 128-4(b), HRS.(e) The department reserves the right to proceed, where appropriate, under applicable authority other than section 128D-4, HRS.(f) An administrative order may direct compliance with a request to enter or inspect any facility or vessel, establishment, property, or other place or location described in subsections (a)(1),(2), (3), or (4).(g) Each order shall contain: (1) A determination by the department that it is reasonable to believe that there may be or has been a release or threat of a release of a hazardous substance, pollutant, or contaminant and a statement of the facts upon which the determination is based;(2) A description, pursuant to chapter 128D, HRS, of the purpose and estimated scope and duration of the entry, including a description of the specific anticipated activities to be conducted pursuant to the order;(3) A provision advising the person who failed to grant consent that an officer or employee of the agency that issued the order will be available to confer with respondent prior to effective date of the order; and(4) A provision advising the person who failed to consent that a court may impose a penalty of up to $50,000 per day for unreasonable failure to comply with the order.(h) Orders shall be served upon the person or potentially responsible party who failed to consent prior to the orders effective date. Force shall not be used to compel compliance with an order.(i) Orders may not be issued for any criminal investigations.[Eff. AUG 17 1995] (Auth: HRS §§ 128D-4, 1280-7) (Imp: HRS §§ 128D-4, 128D-7)