2014 Hawaii Revised Statutes
TITLE 19. HEALTH
342L. Underground Storage Tanks
342L-53 Cost recovery.

Cross References

Environmental response law, see chapter 128D.

§342L-53 Cost recovery. (a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system shall be liable to the federal government or the department for these costs. The liability under this subsection shall be construed to be the standard of liability that obtains under section 311 of the Federal Water Pollution Control Act.

(b) In seeking cost recovery, the department may consider the amount of financial responsibility required to be maintained pursuant to section 342L-36 and the factors considered in establishing the amount of financial responsibility pursuant to section 342L-36.

(c) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any underground storage tank or tank system or from any person who may be liable for a release or threat of release under this section, to any other person, the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such an agreement for any liability under this section. Nothing in this chapter shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a provider of financial assurance, has or would have, by reason of subrogation or otherwise against any person.

(d) Moneys collected by the department as part of the cost recovery efforts pursuant to this section shall be deposited in the leaking underground storage tank fund established in section 342L-51. [L 1989, c 212, pt of §6; am L 1992, c 259, §32]