The bill proposes amendments to Section 342L-35 of the Hawaii Revised Statutes, which outlines the response protocols for confirmed releases from underground storage tanks. The new requirements mandate that when a release is detected, owners and operators must empty the tank, properly close it, and ensure that the environmental restoration meets standards set by the department. The legislation imposes a strong obligation on tank owners to remediate any contamination fully, with no acceptable levels of jet fuel allowed in the environment.
Summary
House Bill 2268 addresses the critical issue of water quality in Hawaii, particularly focusing on the contamination of groundwater and drinking water sources by jet fuel from underground storage tanks. The legislature acknowledges that Hawaii possesses some of the purest water globally and emphasizes the importance of protecting these resources, which are deeply valued in the Kanaka Oiwi culture. The contamination from jet fuel must not be tolerated, and it is imperative that any pollution is completely remediated to ensure the purity of the state’s freshwater resources.
Conclusion
Overall, House Bill 2268 aims to enhance the state's environmental statutes concerning water quality, particularly in ensuring that harmful contaminants like jet fuel are promptly and effectively addressed. As discussions unfold during legislative processes, balancing environmental protection with the operational realities of businesses involved with underground storage tanks will certainly be a critical focus of debate.
Contention
One notable aspect of the bill is the rebuttable presumption stating that any detection of jet fuel or its derivatives in the vicinity of a confirmed release is presumed to result from that specific release. This presumption could lead to substantial legal and financial implications for tank owners, creating a contentious point regarding accountability and environmental responsibility. Critics may argue about the fairness of this presumption and its potential burdens on business operations, while proponents assert that it strengthens the push for thorough environmental protection.
Requesting The United States Department Of Defense To Prepare A Plan To Decommission The Red Hill Bulk Fuel Storage Facility, Store Its Fuel Away From The Southern Oahu Basal Aquifer In A Manner Compliant With Federal And State Law, Prepare A Plan To Establish A New Water Treatment Facility, Pay For All Costs To The State, And Comply With All Future Remediation Efforts.
Requesting The United States Department Of Defense To Prepare A Plan To Decommission The Red Hill Bulk Fuel Storage Facility, Store Its Fuel Away From The Southern Oahu Basal Aquifer In A Manner Compliant With Federal And State Law, Prepare A Plan To Establish A New Water Treatment Facility, Pay For All Costs To The State, And Comply With All Future Remediation Efforts.
Requesting The Public Utilities Commission To Address Certain Recommendations For Undergrounding The State's Utility Facilities As Outlined In The 1999 Legislative Reference Bureau Report Entitled "undergrounding Public Utility Lines".