Hawaii 2022 Regular Session

Hawaii Senate Bill SB2682 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2682 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. 2682
4	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	2682
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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	47	SECTION 1. Chapter 342L, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§342L- Permits near a potable water aquifer prohibited; exceptions (a) The department shall not issue a permit for a new underground fuel storage tank located above or within feet of a potable water aquifer; provided that a permit may be issued by the department for purposes of repairing an existing underground fuel storage tank. (b) Permits issued for an existing underground fuel storage tank located above or within feet of a potable water aquifer shall not be extended or renewed beginning January 1, 2023. (c) Beginning January 1, 2030, the department shall not authorize any variances pursuant to section 342L-5, for an underground fuel storage tank located above or within feet of a potable water aquifer." SECTION 2. Section 342L-4.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Beginning January 1, [2045,] 2030, no person shall operate an underground fuel storage tank within one hundred yards of the shoreline, and no permit for an underground fuel storage tank within one hundred yards of the shoreline shall be renewed." SECTION 3. Section 342L-5, Hawaii Revised Statutes, is amended to read as follows: "§342L-5 Variances allowed. Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the department, when the variance results in an equivalent degree of human health and environmental protection and does not present a greater danger to human health or the environment[.]; provided that beginning January 1, 2030, the department shall not authorize any variances for an underground fuel storage tank located above or within feet of a potable water aquifer." SECTION 4. Section 342L-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications: (1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system; (2) The material used in the construction or lining of the tank or tank system is compatible with the substance to be stored; [and] (3) Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998, to prevent releases for their operating life[.]; and (4) No underground storage tank or tank system shall be operated or installed above a sole source aquifer as defined by title 40 Code of Federal Regulations section 149.2." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 342L, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
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51	51	"§342L- Permits near a potable water aquifer prohibited; exceptions (a) The department shall not issue a permit for a new underground fuel storage tank located above or within feet of a potable water aquifer; provided that a permit may be issued by the department for purposes of repairing an existing underground fuel storage tank.
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53	53	(b) Permits issued for an existing underground fuel storage tank located above or within feet of a potable water aquifer shall not be extended or renewed beginning January 1, 2023.
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55	55	(c) Beginning January 1, 2030, the department shall not authorize any variances pursuant to section 342L-5, for an underground fuel storage tank located above or within feet of a potable water aquifer."
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57	57	SECTION 2. Section 342L-4.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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59	59	"(c) Beginning January 1, [2045,] 2030, no person shall operate an underground fuel storage tank within one hundred yards of the shoreline, and no permit for an underground fuel storage tank within one hundred yards of the shoreline shall be renewed."
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61	61	SECTION 3. Section 342L-5, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"§342L-5 Variances allowed. Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the department, when the variance results in an equivalent degree of human health and environmental protection and does not present a greater danger to human health or the environment[.]; provided that beginning January 1, 2030, the department shall not authorize any variances for an underground fuel storage tank located above or within feet of a potable water aquifer."
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65	65	SECTION 4. Section 342L-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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67	67	"(b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications:
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69	69	(1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system;
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71	71	(2) The material used in the construction or lining of the tank or tank system is compatible with the substance to be stored; [and]
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73	73	(3) Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998, to prevent releases for their operating life[.]; and
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75	75	(4) No underground storage tank or tank system shall be operated or installed above a sole source aquifer as defined by title 40 Code of Federal Regulations section 149.2."
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77	77	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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79	79	SECTION 6. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
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85	85	INTRODUCED BY:
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93	93	Report Title: Underground Storage Tanks; Regulations; Permits; Variances; Potable Water Aquifer; Sole Source Aquifers Description: Prohibits the issuance of permits located above or within feet of a potable water aquifer; provided that a permit may be issued for purposes of repairing or replacing an existing underground fuel storage tank. Prohibits extensions or renewals of permits issued for such underground fuel storage tanks beginning January 1, 2023. Prohibits the authorization of variances for such underground fuel storage tanks beginning January 1, 2023. Accelerates the start date of the prohibition against the operation of an underground fuel storage tank within one hundred yards of the shoreline and the renewal of permits therefor from January 1, 2045, to January 1, 2030. Prohibits the operation or installation of an underground storage tank above a sole source aquifer. 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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99	99	Report Title:
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101	101	Underground Storage Tanks; Regulations; Permits; Variances; Potable Water Aquifer; Sole Source Aquifers
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105	105	Description:
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107	107	Prohibits the issuance of permits located above or within feet of a potable water aquifer; provided that a permit may be issued for purposes of repairing or replacing an existing underground fuel storage tank. Prohibits extensions or renewals of permits issued for such underground fuel storage tanks beginning January 1, 2023. Prohibits the authorization of variances for such underground fuel storage tanks beginning January 1, 2023. Accelerates the start date of the prohibition against the operation of an underground fuel storage tank within one hundred yards of the shoreline and the renewal of permits therefor from January 1, 2045, to January 1, 2030. Prohibits the operation or installation of an underground storage tank above a sole source aquifer.
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115	115	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.