SignedHEPCRARules11-05-10 - Laserfiche WebLink

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"Hazardous material" or "hazardous substance" means any hazardous substance as defined in section 128D-1, HRS, and designated in section 11-451-5. "HEPCRA" means the Hawaii Emergency Planning and Community Right -to -Know Act. "Material Safety Data Sheet" or "MSDS" means the sheet required to be developed under title 29 of the Code of Federal Regulations section 1910.1200(g). "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to -this napter, the United States or the interstate body. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing.of any hazardous substance, or pollutant or contaminant into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance, or pollutant or contaminant. The term does not include: (1) Any release that results in the exposure of persons solely within a workplace, with respect to claims that these persons may assert against their employer; (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (3) Release of a source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy. Act of 1954, as amended, title 42 United States Code section 2011 et seq., if this release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under title 42 United States Code section 2210; (4) Any release resulting from the normal application of fertilizer;