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| 1 | - | THE SENATE S.B. NO. 2601 THIRTY-FIRST LEGISLATURE, 2022 | |
| 1 | + | THE SENATE S.B. NO. 2601 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to underground storage tanks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | THE SENATE S.B. NO. 2601 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2022 | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2022 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 2601 | |
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| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2022 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | relating to underground storage tanks. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 342L-4, Hawaii Revised Statutes, is amended | |
| 47 | + | SECTION 1. Section 342L-4, Hawaii Revised Statutes, is amended to read as follows: "§342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department. (b) The department [may] shall require that applications for [such] permits [shall] be accompanied by plans, specifications, and [such] other information as it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards. (c) The director [shall] may issue a permit for any term, not exceeding five years, if the director determines this to be protective of human health and the environment; provided that the permit [may] shall be subject to conditions as the director may prescribe. The director, on application, [shall] may renew a permit from time to time for a term not to exceed five years if the director determines this to be protective of human health and the environment. The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91. The director, on the directors own motion or the application of any person, [may] shall modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that: (1) There is a violation of any condition of the permit; (2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or (3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment. (d) No applicant for a modification or renewal of a permit shall be held in violation of the requirement to obtain a permit during the pendency of the applicants application so long as the applicant acts in compliance with the permit previously granted." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ | |
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| 49 | - | SECTION 1. Section 342L-4, Hawaii Revised Statutes, is amended | |
| 49 | + | SECTION 1. Section 342L-4, Hawaii Revised Statutes, is amended to read as follows: | |
| 50 | 50 | ||
| 51 | - | "(b) The department [may] shall require that applications for [such] permits [shall] be accompanied by plans, specifications, and [such] other information as it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards. | |
| 51 | + | "§342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department. | |
| 52 | + | ||
| 53 | + | (b) The department [may] shall require that applications for [such] permits [shall] be accompanied by plans, specifications, and [such] other information as it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards. | |
| 52 | 54 | ||
| 53 | 55 | (c) The director [shall] may issue a permit for any term, not exceeding five years, if the director determines this to be protective of human health and the environment; provided that the permit [may] shall be subject to conditions as the director may prescribe. The director, on application, [shall] may renew a permit from time to time for a term not to exceed five years if the director determines this to be protective of human health and the environment. The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91. | |
| 54 | 56 | ||
| 55 | 57 | The director, on the directors own motion or the application of any person, [may] shall modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that: | |
| 56 | 58 | ||
| 57 | 59 | (1) There is a violation of any condition of the permit; | |
| 58 | 60 | ||
| 59 | 61 | (2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or | |
| 60 | 62 | ||
| 61 | - | (3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment." | |
| 63 | + | (3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment. | |
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| 65 | + | (d) No applicant for a modification or renewal of a permit shall be held in violation of the requirement to obtain a permit during the pendency of the applicants application so long as the applicant acts in compliance with the permit previously granted." | |
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| 63 | 67 | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
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| 65 | - | SECTION 3. This Act shall take effect | |
| 69 | + | SECTION 3. This Act shall take effect upon its approval. | |
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| 67 | - | Report Title: Underground Storage Tanks; Department of Health; Permits Description: Requires applications for underground storage tank permits to be accompanied by plans, specifications, and other necessary information. Removes automatic grant of permits for underground storage tanks. Requires the Director of Health to modify, suspend, or revoke a permit if there is a violation of the permit, the permit was obtained by misrepresentation, or if there was a release of regulated substances. Effective 1/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 73 | + | INTRODUCED BY: _____________________________ | |
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| 75 | + | INTRODUCED BY: | |
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| 77 | + | _____________________________ | |
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| 83 | + | Report Title: Underground Storage Tanks; Department of Health; Permits Description: Requires applications for underground storage permits to be accompanied by plans, specifications, and other necessary information. Removes automatic grant of permits for underground storage tanks. Requires the Director of Health to modify, suspend, or revoke a permit if there is a violation of the permit, the permit was obtained by misrepresentation, or if there was a release of regulated substances. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 73 | 89 | Report Title: | |
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| 75 | 91 | Underground Storage Tanks; Department of Health; Permits | |
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| 77 | 93 | ||
| 78 | 94 | ||
| 79 | 95 | Description: | |
| 80 | 96 | ||
| 81 | - | Requires applications for underground storage | |
| 97 | + | Requires applications for underground storage permits to be accompanied by plans, specifications, and other necessary information. Removes automatic grant of permits for underground storage tanks. Requires the Director of Health to modify, suspend, or revoke a permit if there is a violation of the permit, the permit was obtained by misrepresentation, or if there was a release of regulated substances. | |
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| 89 | 105 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |