REPORT TITLE:
Pollution Clean-Up Fund


DESCRIPTION:
Requires DOH to assess a clean-up fee deposited into the site
restoration and pollution clean-up fund in DOH on persons
operating under water pollution, nonpoint source pollution
management, integrated solid waste management, solid waste
pollution, special wastes recycling, hazardous waste, underground
storage tanks, and used oil laws.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2662
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE SITE RESTORATION AND POLLUTION CLEAN-UP FUND.



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

 1      SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "321-     Site restoration and pollution clean-up fund.
 
 5 (a)  There is created within the state treasury, the site
 
 6 restoration and pollution clean-up fund, to be administered by
 
 7 the department of health.
 
 8      (b)  Before the issuance of a permit to carry out activities
 
 9 authorized under chapters 342D, 342E, 342G, 342H, 342I, 342J,
 
10 342L, and 342N, the department of health shall evaluate for each
 
11 site for which a permit is to be issued, the estimated cost of
 
12 site restoration and clean up for that site.  The department of
 
13 health shall assess each person in subsection (c) a fee to be
 
14 deposited into the site restoration and pollution clean-up fund
 
15 in an amount equal to the estimated cost of site restoration and
 
16 clean up, as determined in this subsection, plus an amount for
 
17 administrative costs, including the implementation of a closure
 
18 plan.
 
19      (c)  All persons who are issued a permit by the department
 

 
Page 2                                                     
                                     S.B. NO.           2662
                                                        
                                                        

 
 1 of health for activities to be carried out under chapters 342D,
 
 2 342E, 342G, 342H, 342I, 342J, 342L, and 342N shall deposit into
 
 3 the site restoration and pollution clean-up fund the fee as
 
 4 required in subsection (b).
 
 5      (d)  The department of health shall administer the use of
 
 6 moneys in the site restoration and pollution clean-up fund solely
 
 7 to carry out the purposes of this section to implement a closure
 
 8 plan that includes site restoration and clean up, when a
 
 9 permittee terminates or abandons its operations on a site that
 
10 may potentially have been polluted by the activities of the
 
11 permittee.  The department shall clean up and endeavor to restore
 
12 the site to its original condition to the extent practicable.
 
13      (e)  The fee assessed under subsection (b) shall be returned
 
14 to the permittee if upon termination or abandonment of a
 
15 permittee's operations, the:
 
16      (1)  Department determines that the fee imposed on the
 
17           permittee exceeds the cost of site restoration and
 
18           clean up, whereupon the excess, less administrative
 
19           costs, shall be refunded to the permittee; and
 
20      (2)  Permittee expends additional amounts that are
 
21           sufficient and separate from its fee to restore and
 
22           clean up a site, the entire fee shall be refunded to
 
23           the permittee;
 

 
Page 3                                                     
                                     S.B. NO.           2662
                                                        
                                                        

 
 1 provided that a permittee may opt to purchase insurance to cover
 
 2 the cost of site restoration and clean up, whereupon the fee
 
 3 assessed under subsection (b) shall be waived for each year the
 
 4 insurance policy is in force.
 
 5      (f)  The department of health shall adopt rules in
 
 6 accordance with chapter 91 to establish procedures necessary to
 
 7 carry out the purposes of this section."
 
 8      SECTION 2.  New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:  _______________________