THE SENATE

S.B. NO.

639

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to UNDERGROUND STORAGE TANKS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Hawaii has been blessed with some of the purest water (wai) on Earth.  The islands' age, location in the Pacific, geography, geology, and native ecosystems provide groundwater that has been given purity index scores of over nine hundred.

     The legislature also finds that the State's freshwater resources have also been appropriately recognized as sacred and essential to all life, and the protection and careful stewardship of Hawaii's wai has been a priority of kanaka oiwi culture and governance since time immemorial.

     The legislature further finds that the contamination of local groundwater and drinking water sources with jet fuel from underground storage tanks must not be tolerated.  As emphasized by state and county agency officials and elected leaders on Red Hill, and the Water Alliance Initiative, any contamination must be fully remediated; there should be no acceptable level of jet fuel in the State's precious and otherwise pure wai.

     The purpose of this Act is to fully restore the environment, including drinking water and groundwater, after any release of jet fuel from an underground storage tank or tank system.

     SECTION 2.  Section 342L-35, Hawaii Revised Statutes, is amended to read as follows:

     "§342L-35  Response to suspected or confirmed releases.  (a)  The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

     (1)  Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

     (2)  Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;

     (3)  Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department[;], subject to subsection (b); and

     (4)  Requirement to notify those members of the public directly affected by the release and the proposed response to the release.

     (b)  Restoration of the environment shall require the cleanup and total removal of all jet fuel, including jet fuel additives and all compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals.

     (c)  It shall be a rebuttable presumption that the detection of any amount of jet fuel, jet fuel additives, or compounds derived from jet fuel or jet fuel additives in the environment or groundwater in the vicinity of an underground storage tank or tank system, after a confirmed release from an underground storage tank or tank system, is the result of the confirmed release."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

DOH; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Jet Fuel; Rules

 

Description:

Clarifies the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel.  Specifies the restoration condition and quality acceptable by the Department of Health shall include the complete removal of all jet fuel, including jet fuel additives and all compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals.  Establishes a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

 

 

 

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