HomeMy WebLinkAboutCRB-Kona Compliance Agreement - Final
JOSH GREEN, M.D.
Governor
SYLVIA LUKE
Lt. Governor
SHARON HURD
Chairperson
Board of Agriculture & Biosecurity
DEAN M. MATSUKAWA
Deputy to the Chairperson
State of Hawaiʻi
DEPARTMENT OF AGRICULTURE & BIOSECURITY
KA ʻOIHANA MAHIʻAI A KIAʻI MEAOLA
1428 South King Street
Honolulu, Hawaiʻi 96814-2512
Phone: (808) 973-9560 FAX: (808) 973-9613
Compliance Agreement to Prevent the Spread of Coconut Rhinoceros
Beetle on Hawaii Island
Authority: This Compliance Agreement is made pursuant to the authority of Hawaii
Department of Agriculture and Biosecurity (HDAB) Plant Quarantine Interim Rule 26-1
and sections 141-1 and 150A-9.5, Hawaii Revised Statutes (HRS).
Purpose: The purpose of this Compliance Agreement is to provide direction and
protocols for the proper Transportation, movement, Processing, and disposal of
Coconut Rhinoceros Beetle (CRB) host material and CRB host palms in the Infested
Area to prevent the spread of the CRB to other areas in the State that are not known to
be infested with CRB.
Parties: This Compliance Agreement is made between the HDAB and the Participant,
as set out below:
Hawaii Department of Agriculture and Biosecurity
Plant Industry Division
1428 South King Street
Honolulu, HI 96814
Contact: Plant Industry Division Administrator
Participant Information (the “Participant”):
Participant Name (Company or Individual):
Participant Representative:
Mailing Address:
City: Zip:
Physical Address (If different from above):
City: Zip:
Phone: E-Mail:
Contact (If different from Participant Representative):
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Type of activity conducted with CRB Host Material or CRB Host Palms (check all
that apply):
□ Transport
□ Processing
□ Designated Collection Bin Management
□ Export (interisland or out of state)
□ Receipt of Imports
□ Sale or wholesale purchase
□ Nursery activities
□ Mulching or composting
□ Other (please explain):__________________________________
Program: The HDAB and CRB Response with Big Island Invasive Species Committee
(BIISC) cooperating as the Coconut Rhinoceros Beetle Host Material Risk Reduction
Program, hereafter referred to as the “Program”.
Background: Oryctes rhinoceros, the CRB, is a large scarab that is a major pest to
palms outside of its natural range of Southeast Asia. Adult beetles bore into the crowns
of coconut and other palms to feed on sap. This adult feeding is the primary source of
damage and impact of CRB. Larval stages typically feed on decaying plant matter with a
strong preference for dead coconut palms or any decaying vegetation. Occasionally,
under high CRB densities, larval stages will be found in the crowns of unmanicured
living palm trees that have accumulated a large mass of decaying leaf material in the
crown of the palm. Unrestricted movement of CRB Host Material is recognized as an
important pathway for the spread of CRB from infested areas to new locations. The
Program is a cooperative effort between public entities responsible for mitigating the
spread of CRB from infested areas on Hawaii Island to new locations within Hawaii
Island and other islands within the State.
Definitions: As used in this document:
● “Biochar Production” means heating biomass in an oxygen-limited environment
with heat sufficient that the material is converted to a stable, charcoal-like
substance. Output material is considered treated only if all material reaches the
temperatures required to produce biochar.
● “Canine Survey” means a survey conducted by a trained CRB detection canine
team that includes a pre-survey to mark search areas, the survey where the canines
are escorted through the marked search areas, and a post-survey where the field
crew follows up on responses the canines expressed during the survey to determine
the presence or absence of CRB.
● “Chipping” means using a woodchipper to process plant matter to achieve a
reduced particle size material.
● “Completely Processed” means CRB Host Material that has been subjected to a
Heat Treatment or Fumigation that eliminates all life stages of CRB.
● “Compliance Agreement” means this Compliance Agreement.
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● “Compliant” means having a valid Compliance Agreement with HDAB and actively
following the procedures and protocols outlined in the Compliance Agreement.
● “Compost” means a relatively stable, decomposed, organic, humus-like material
that is suitable for landscaping or soil amendment purposes.
● “CRB Host Material” means the host material of the coconut rhinoceros beetle;
and
(A) Includes bare root CRB host palms, other live plants of any size if there is any
organic material attached to the roots, such as potted plants or sod; and
decomposing plant material, such as mulch, trimmings, wood or tree chips,
stumps, compost, plant propagation media, including commercially bagged plant
propagation media, and other items comprised of or containing decomposing
plant material such as landscaping material or erosion control socks, and
(B) Does not include:
(i) Plant products intended for consumption, such as coconuts, fruits, nuts,
edible leaves, leaves used for cooking, and spices;
(ii) Plant products preserved from decay by treatment or use, such as lumber,
woven hats, dried and painted coconuts, wooden posts, wood carvings,
and firewood;
(iii) Seeds for planting;
(iv) Cut flowers and foliage for decoration, such as lei, floral bouquets, or
arrangements;
(v) Rock, coral, sand, and gravel not mixed with any material described in
paragraph (A);
(vi) Live bare rooted plants that are not CRB host palms, including
propagative cuttings; and
(vii) Tissue cultured or other micropropagated live plants in sterile media.
The term CRB Host Material applies regardless of whether the material has CRB in
any life stages or is devoid.
● “CRB Host Palms” means live palm plants in any palm genera. This does not
include unsprouted seeds.
● “Designated Collection Bin” means a bin that is placed within the infested area and
maintained by a person operating under a compliance agreement for the purpose of
collecting CRB host material for processing at a CRB host material processing
center within the infested area that is operating under a compliance agreement.
● “Facility” means all contiguous land including buffer zones and structures, and
improvements on the land used for the handling of solid waste.
● “Full Turn Over” means a survey method in which the entire pile is thoroughly
searched for the presence of CRB at any life stage.
● “Fumigation” means treatment with an approved fumigant (such as sulfuryl
fluoride) pursuant to methods recommended by the Department and applied in
accordance with the product label. If a fumigation is used, a certificate of treatment
issued by a licensed pesticides applicator shall be maintained and be made
available upon request.
● “Grinding” means using a tub grinder or horizontal grinder to process plant matter
to achieve a reduced particle size material.
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● “Heat Treatment” means a method, including but not limited to hot composting
in which microbial activity brings the average temperature at the core of the material
to at least 131◦ Fahrenheit (55◦ Celsius) for at least 72 hours or steam heat
treatment that brings the temperature at the core to at least 131◦ Fahrenheit (55◦
Celsius) for at least 1 hour.
●“Incineration” means a process by which waste undergoes complete combustion
and becomes carbonized or mineralized sterile ash under a permit, if required,
issued pursuant to air pollution and solid waste management rules.
● “Infested Area” means the infested area of Hawaii Island as set out in the interim
rule.
● “Mulch” means plant matter that has been chipped, ground, or shredded and is
intended to be used as a protective covering for establishing a vegetative landscape
that is spread or left on the ground to reduce evaporation, maintain even soil
temperature, reduce erosion, control weeds, or enrich the soil.
● “Process” or “Processing” means an operation to convert solid waste into a useful
product or to prepare it for disposal.
● “Processing Center” means a Compliant waste-handling facility performing
Processing of CRB host material.
● “Program Officer” means an employee of HDAB or their designated representative
who is authorized to enter into a Compliance Agreement with a Participant.
● “Provisional Compliance Agreement” means a Compliance Agreement with
additional requirements as approved by the Program Officer. Participants shall be
placed on Provisional Compliance Agreements if they violate any terms of the
Compliance Agreement. The additional requirements may vary based on the
circumstances and scope of the violation.
● “Receiver” means an entity that knowingly accepts deliveries of CRB Host
Material, to include CRB Host Material activities of a “Transfer station” as defined
below.
● “Spill” means any unexpected, unintended, or uncontrolled movement, loss, or
other discharge of CRB Host Material or CRB Host Palms during Transport (eg.,
materials are not able to be delivered to the intended location but are redirected to
an alternate location).
● “Spot Check” means a Program-approved survey method where piles of CRB Host
Material are surveyed for CRB breeding site suitability and the presence of CRB at
any life stage.
● “Stockpile” means the act of staging CRB Host Material, such as in a pile, that is
accessible to CRB.
● “Transfer station” means a permanent, fixed supplemental collection and
transportation facility, used by persons and route collection vehicles to deposit
collected solid waste from off-site into a larger transfer vehicle for Transport to a
solid waste handling Facility. Transfer stations may also include recycling activities.*
● “Transport” means the movement of CRB Host Material out of a single Tax Map
Key (TMK) parcel.
[*definition from Department of Health (DOH)]
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Compliant Participants: A list of Compliant participants including, but not limited to:
landscapers, Transporter/haulers, contractors, contracting entities, Processing facilities,
and nurseries is maintained by the Program.
Points of Contact:
● BIISC Response general line – email biisc@hawaii.edu or call the general line
(808) 933-3340
○ CRB hotline for reporting (808) 731-9232 (text receptive)
● CRB Response Team Oahu (808) 679-5244 or info@crbhawaii.org
● HDAB Plant Quarantine Branch
○ Oahu Office: (808) 832-0566 or dab.pqreportapest@hawaii.gov
○ Hilo Office: (808) 974-4140 or dab.pqhilo@hawaii.gov
Section 1: General Requirements for All Participants
The Participant shall comply with all requirements of this section.
Training:
1. Prior to execution of a Compliance Agreement, all Participant staff who
Transport; prepare, plan or direct Transport; or facilitate receipt or Processing of
CRB Host Material, must be trained by the Program.
2. Participants must contact BIISC to schedule and complete the training for all staff
listed above.
3. The training will consist of a presentation outlining the current status of the CRB
infestation in Hawaii, risks posed by CRB, Compliance Agreement procedures
and requirements, identification of all life stages of CRB, and identification of
CRB damage to plants. It will take approximately one hour, excluding questions
from trainees. Contact BIISC at (808) 933-3340 or biisc@hawaii.edu for training
arrangements.
4. Once the Participant has a valid Compliance Agreement, for the addition of any
new staff who fall into the categories listed in paragraph 1 above, the Participant
should contact and schedule training with BIISC within 30 days of the start date
to arrange for training.
5. A list of trained staff will be collected during the training and maintained by the
Program.
Reporting: The Participant must immediately report any detection of suspected CRB
specimens or suspected signs of CRB damage to BIISC at (808) 731-9232 or
biisc@hawaii.edu. Include photos in text/email if possible.
1. In the event a suspected CRB specimen is found, it must be collected and held
for retrieval and identification by the Program. Live specimens must be placed in
a sealed container with a lid (no plastic bags). If a plastic container is used, it
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must be 2 mm or thicker gauge plastic. Specimens can be placed in a freezer if
available.
2. Spill Notification: Notify the Program of a CRB Host Material Spill as soon as
possible, but no later than 24 hours after a Spill.
Access, Inspection and Monitoring: The Participant shall provide the Program Officer
access to locations, facilities, and vehicles associated with the Transport, Processing,
maintenance or storage of CRB Host Materials, including locations and facilities where
CRB Host Material is sold.
1. Access to conduct inspections of: CRB Host Materials; areas where CRB Host
Material is grown, staged, stored, loaded, unloaded, or otherwise processed;
vehicles used to Transport CRB Host Material, including the areas where they
are stored; and any Processing machinery for CRB Host Material including the
areas where the machinery is used or stored. The Program Officer will schedule
routine inspections and monitoring with the Participant at least every six (6)
months, but reserves the right to conduct random, unannounced inspections on a
periodic basis.
2. Access during the Participant’s normal working hours for installation,
maintenance, and checks of CRB traps (panel or barrel). Once CRB traps are
installed, they shall not be accessed, disturbed, or moved without prior
notification and approval from the Program Officer except in case of emergency.
3. The Participant shall inspect all Mulch and Compost at least every thirty (30)
days for signs of CRB infestation. Inspection shall include a Full Turn Over or
Spot Check and may include a Canine Survey provided by the Program, subject
to availability and pre-arrangement.
CRB Detections: If CRB are detected within CRB Host Materials:
1. If the Program Officer determines a treatment program and corrective action are
appropriate, the Participant shall fully cooperate with the Program to develop and
implement a treatment program and take corrective action to eliminate all CRB.
2. If the Participant is unable or unwilling to implement a treatment program and
corrective action, the participant will be considered non-compliant. See Section 7
for details of noncompliance.
Compliance with other laws: The Participant shall maintain current required permits
and certificates for business, including those issued by the Hawaii Department of
Health, Hawaii Department of Transportation, Hawaii Department of Commerce and
Consumer Affairs, and HDAB.
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Section 2: Transport of CRB Host Palms from or within the Infested
Area
The Participant shall comply with all requirements of this section when transporting or
preparing, including through sale, to Transport CRB Host Palms from or within the
Infested Area.
CRB Host Palms may harbor CRB, and their Transport may spread CRB to new areas
within and outside of the Infested Area. To minimize the risk of CRB being transported
with CRB Host Palms:
1. All CRB Host Palms shall be inspected by Program-trained Participant staff no
more than 24 hours prior to transportation from or within the Infested Area.
2. The participant shall maintain a written record of all inspections conducted.
3. Program-trained Participant staff shall ensure the following :
a. CRB Host Palms shall not be transported if any life stage of CRB is
detected on or in the palm or material moving with the palm (e.g., soil or
containers) unless treated as described in c.
b. CRB Host Palms shall not be transported if bearing any sign of damage by
CRB. Damaged material (e.g. spear, heart, or meristem tissue) shall not
be removed, unless treated as described in c.
c. Transport of CRB Host Palms detected with CRB or CRB damage may
occur if one of the following occurs:
i. Subjected to a treatment approved by the Program Officer in writing
that would eliminate all life stages of CRB; or
ii. Under safeguards for destruction of infested materials, as approved
by the Program Officer in writing.
d. If an effective treatment is developed and approved by the Department,
the Participant shall use such treatment or protocol.
4. Program-trained Participant staff shall inspect the following parts of the CRB
Host Palm prior to transportation:
a. Root Zone:
i. For CRB host palms dug from the ground or placed in a pot or other
container within the last 30 days, all external surfaces of the root
ball and associated soil or potting medium shall be visually
inspected for the presence of any life stage of CRB.
ii. For CRB host palms growing in a pot or other container for more
than 30 days and will be transported in that container, the CRB
Host Palm shall either:
I. Be removed from the pot and examined as in paragraph 1
above; or
II. The container and root ball shall be completely submerged
in water for at least 1 hour then the upper surface of the
potting medium shall be inspected for the presence of any
life stage of CRB.
b. Trunk:
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i. The trunk shall be visually inspected for holes and rot.
ii. The entirety of each hole in the trunk will be inspected for any
presence of CRB.
iii. All rotting parts of the trunk shall be removed and inspected for
CRB
c. Crown:
i. Each frond will be visually inspected for the presence of CRB
damage, including V-cuts and boreholes.
ii. The entire length of the spear (the youngest, unopened frond) will
be inspected for CRB boring damage.
5. CRB Host Palms shall be transported from the origin to the destination within 24
hours of inspection.
Section 3: Transport of CRB Host Material, except CRB Host Palms
and Other Live Plants, from or within the Infested Area
The Participant shall comply with all requirements of this section when Transporting, or
preparing to Transport including through sale, CRB Host Material, except CRB Host
Palms and other live plants with organic matter attached to the roots, from or within the
Infested Area.
This section covers the transportation of the following: decomposing plant material,
such as mulch, trimmings, wood or tree chips, stumps, compost, plant propagation
media, including commercially bagged plant propagation media, and other items
comprised of or containing decomposing plant material such as landscaping material or
erosion control socks. To minimize the risk of CRB being transported with CRB Host
Material:
1. Participant shall ensure that CRB Host Materials listed in this section shall not be
Transported unless meeting one of the criteria below:
a. The CRB Host Material was removed from a living plant within the last 30
days.
b. The CRB Host Material has been subjected to a treatment that eradicates
all life stages of CRB within 24 hours prior to Transport. Suitable
treatments are one of the following:
i. The CRB Host Material has been subject to Heat Treatment.
ii. The CRB Host Material has been processed by Chipping or
Grinding.
iii. The CRB Host Material has been subject to fumigation.
c. The CRB Host Material has been continuously stored within a container
that:
i. Has no gaps or holes larger than ½ inch when sealed;
ii. Is composed of material that is impenetrable by CRB adults. Fabric,
tarps, and erosion socks are examples of materials/containers NOT
approved for storage;
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iii. Has been sealed from sunset to sunrise (overnight) while any CRB
Host Material has been stored within it and;
iv. Either 1a. or 1b. above was met immediately prior to adding the
CRB Host Material to the container.
d. Imported commercially bagged plant propagation media and commercially
bagged mulch that does not meet the requirements of a., b., or c. above
may be Transported, or prepared for Transport including through sale, if it
is:
i. Inspected by Program-trained Participant staff to ensure all bags
are completely intact in the original packaging with no holes, tears,
or rips that could allow or indicate CRB infiltration, and a written
record of inspections shall be maintained on an on-going basis; and
ii. Stored from sunset to sunrise indoors or in a container described in
c. above.
e. The CRB Host Material is being directly delivered to a Compliant
Processing Center or a Designated Collection Bin.
f. The CRB Host Material was incinerated or subject to biochar production.
The resulting ash or biochar is not a CRB Host Material.
Trailer and Vehicle Cleaning: After unloading of all CRB Host Material, the container
and/or vehicle used to contain transported CRB Host Material shall have all remaining
debris removed. The container and/or vehicle shall be visually inspected by the
transporter for CRB prior to departure from the compliant receiving Facility.
Section 4: Movement of Live Plants, Other than CRB Host Palms,
from and within the Infested Area
The Participant shall comply with all requirements of this section when transporting or
selling live plants other than CRB Host Palms within the Infested Area or that will be
transported from the Infested Area.
Live plants with organic material attached to their roots may harbor CRB, and the
transportation or sale (including donation, barter, or give aways to the public) could
spread CRB. Different types of sales and their associated transport present different
risks of spreading CRB to new areas. To minimize the risk of CRB being transported
with/in live plants with organic material attached to their roots:
1. Participants that sell live plants with organic material attached to their roots on a
retail basis to the final consumer shall:
a. Have all such plants inspected by Program-trained Participant staff, using
Program approved procedures, and a written record of inspections shall
be maintained on an on-going basis using Program recommended
procedures.
b. Post Program-approved educational signage on the detection and risks of
CRB.
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c. Provide purchasers of their potted plants with Program-approved
educational materials related to CRB detection, inspection, and risks.
d. If an effective treatment is developed and approved by the Department,
the Participant shall use such treatment or protocol.
2. Participants that sell wholesale or otherwise provide live plants with organic
material attached to their roots to a person who is not the final consumer shall:
a. Have all such plants inspected by Program-trained Participant staff, using
Program approved procedures, and a written record of inspections shall
be maintained on an on-going basis.
b. For such plants that will be transported outside the Infested Area, work
with the Program Officer to develop protocols including Canine Surveys,
submersion treatments, or other appropriate actions to prevent the
movement of CRB along with the plants.
3. Program-trained Participant staff shall ensure that the following requirements are
met:
a. Live plants with organic material attached to the roots shall not be
transported if any life stage of CRB is detected on or in the plant or
material moving with the plant (e.g., soil or containers) unless treated as
described in c.
b. Live plants with organic material attached to the roots bearing any sign of
CRB damages shall not be transported unless treated as described in c.
c. Live plants with organic material attached to the roots detected with CRB
or bearing any sign of CRB damage may be transported if:
i. Subjected to a treatment approved by the Program Officer in writing
that would eliminate all life stages of CRB; or
ii. Under safeguards for destruction of infested materials, as approved
by The Program Officer in writing.
d. Live plants with organic material attached to the roots shall be transported
from the origin to the destination within 48 hours of inspection.
e. If a new Program-approved treatment for such plants is developed, plants
prohibited from movement under a. or b. above may be moved if
subjected to that treatment.
Section 5: CRB Host Material Receiver, Processing Center, or
Designated Collection Bin manager
The Participant shall comply with all requirements of this section when operating a
Receiver, Processing Center, or is a Designated Collection Bin Manager for CRB Host
Material within the Infested Area. This section does not apply to CRB Host Palms or live
plants with organic material attached to their roots.
CRB Host Material may be breeding material for CRB. Receivers or Processing Centers
that contain CRB Host Material may facilitate the spread of CRB to new areas. To
minimize the risk of CRB being transported to a Receiver or Processing Center, each
Participant that is a Receiver (other than receiving at a Designated Collection Bin), or
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operating a Processing Center that receives or processes CRB Host Material from
within the Infested Area shall comply with the following:
1. Transporter/Hauler Verification:
a. The Processing Center shall only accept CRB Host Material from an
Infested Area from a transporter or hauler operating under a valid
Compliance Agreement;
b. Before acceptance of CRB Host Material, the Processing Center must
verify that the transporter/hauler has a valid Compliance Agreement using
information provided by the Program; and
c. Noncommercial loads that are smaller than 3 cubic yards are exempted
from transporter/hauler verification.
2. Processing:
a. All received CRB Host Material must be subjected to Chipping, Grinding,
Fumigation, Heat Treatment, Incineration, or Biochar Production within 72
hours of delivery to the Receiver or Processing Center.
b. Once CRB Host Material has reached the temperature and duration
requirements for Heat Treatment or is subjected to Fumigation, it is
considered Completely Processed. Once material is completely
incinerated or subjected to biochar production, it is no longer CRB Host
Material. Temperature logs may be verified to ensure compliance.
c. CRB Host Material is prohibited from leaving the Processing Center until it
is Completely Processed.
d. Any CRB Host Material stockpiled for more than 30 days shall be
subjected to inspection and mitigation as directed by the Program Officer.
e. Material to be Transported is subject to Section 3.
The use of Designated Collection Bins is intended to allow Participants to collect CRB
Host Material in a manner that will decrease the spread of CRB. Participants that place,
manage, maintain, transport, or otherwise manage a Designated Collection Bin shall
comply with the following:
1. The Participant shall coordinate with the Program Officer to determine placement
and schedule removal of each Designated Collection Bin.
2. Designated Collection Bins shall be transported directly to a Processing Center
within the Infested Area that is operating under a Compliance Agreement.
Section 6: Contracting Entities for Work with CRB Host Material
Under HDAB Plant Quarantine Interim Rule 26-1 and similar rules and section 141-1,
HRS, businesses, municipalities, organizations, agencies, departments, or authorities
who hire contractors for work with CRB Host Material shall hire contractors with valid
Compliance Agreements. Contracting entities who knowingly finance, allow, or enable
the unlawful movement of CRB Host Material may be subject to any or all penalties set
out in Section 7, “Fee Schedule and Non-Compliance.”
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Examples of contracted work with CRB Host Material that requires a compliant
contractor:
● Removal of a dead tree. Both the tree trimmer and Processing Site shall be
compliant.
● Groundskeeping, landscape maintenance, and tree trimming contractors and
Processing Centers shall be compliant.
● Paid or unpaid Transport of unprocessed CRB Host Material.
If you plan to use a contractor who does not have a valid Compliance Agreement, direct
them to contact the Program to establish an agreement before the initiation of work.
Section 7: Fee Schedule and Non-Compliance
Inspection Fees: Fees for inspections carried out by HDAB staff under this Compliance
Agreement:
1. For any required inspection, the fee is $50 per hour; and
2. Roundtrip mileage reimbursement from the HDAB office to the inspection site
charged at the Federally allowable mileage reimbursement rate.
Non-Compliance: A Participant who fails to comply with any part of this Compliance
Agreement may be subject to any or all the following:
1. Participation in Program-led retraining of all Participant staff directly and indirectly
involved with CRB Host Materials;
2. Change to Provisional Compliance Agreement status;
3. Cancellation of the Compliance Agreement; and
4. Civil and/or criminal penalties pursuant to section 150A-14, HRS and/or interim
rule 26-1.
Depending on the circumstances (i.e. self-reported, type, frequency, egregiousness /
negligence, etc.) of the infraction(s), the Program Officer shall determine the appropriate
corrective action. In certain limited circumstances, the Program Officer has the
authority to waive penalties on a case-by-case basis.
Retraining: The Participant shall complete the retraining for all pertinent staff within two
weeks of a written notification. The timeframe may be extended if approved by the
Program Officer in writing.
Provisional Compliance Agreement: The Participant shall:
1. Complete retraining for all pertinent staff within two weeks unless otherwise
approved by the Program Officer in writing;
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2. Work with the Program to develop and implement appropriate corrective actions
for all violations, including written policies and procedures to prevent recurrence;
and
3. Have the appropriate locations, facilities, and vehicles re-inspected.
The corrective actions and reinspection shall be completed within a timeframe approved
by the Program Officer in writing. During the provisional period, the Participant is
allowed to Transport and/or receive CRB Host Materials and CRB Host Palms, unless
otherwise notified by the Program Officer in writing. Failure to complete retraining,
develop and/or implement corrective action(s) or allow reinspection(s) within the
Program-approved timeframe will result in an immediate cancellation of the Compliance
Agreement.
Cancelation: A Compliance Agreement shall be cancelled and considered invalid upon
written notification from the Program Officer to the Participant. In the event of
Compliance Agreement cancellation, all CRB Host Material and CRB Host Palms shall
not be transported by or accepted from the Participant. Additionally, all CRB host
Material and/or CRB host palms may be moved, seized, treated, quarantined and/or
destroyed at the discretion of the Program Officer. Any expense or loss in connection
therewith shall be borne by the Participant. Destruction or treatment of noncompliant
material shall occur. If the Compliance Agreement is canceled under this section, the
Participant may reapply for a new Compliance Agreement after providing the Program
Officer with evidence that all prior incidents of non-compliance have been corrected and
documenting policies and procedures to ensure future adherence to the Compliance
Agreement. In addition to the reapplication, the Participant must also retrain all pertinent
staff and have the appropriate locations, facilities, and vehicles, as appropriate,
reinspected. In this instance, the Program Officer has the discretion to require additional
terms and conditions to ensure compliance. HDAB may then approve the issuance of a
new Compliance Agreement if the Participant is able to demonstrate the ability to
comply with requirements of the Compliance Agreement, including the terms and
conditions set by the Program Officer, if applicable, to maintain compliance with the
Compliance Agreement.
Civil and Criminal Penalties: All violations that involve civil and/or criminal sanctions,
including, but not limited to knowingly moving/transporting CRB infested materials
without Program authorization; or collecting, intentionally harboring, or breeding CRB,
may be referred to the Department of the Attorney General for further investigation, in
accordance with HRS 150A-14.
Prohibition on Transfer of Compliance Agreement: The Participant is prohibited
from transferring this Compliance Agreement, including any duties, authorities or
responsibilities held under the Compliance Agreement, to any other person, party, or
entity.
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Compliance Agreement:
By signing this Compliance Agreement, the Participant understands and agrees to
comply with all requirements herein. The Participant shall self-execute all applicable
requirements within this Compliance Agreement and may be subject to any or all of the
penalties listed above for failure to comply with any of the requirements listed in this
Compliance Agreement.
This Compliance Agreement becomes effective upon completion of Participant staff
training, completion of an initial site inspection, and assignment of a Compliance
Agreement number. The Compliance Agreement shall remain in effect until the
Compliance Agreement Expiration Date below unless canceled by either party in writing
on 30 days’ notice to the other at the address of the other party appearing above, or
unless unilaterally suspended or canceled by the Program Officer as provided in this
Compliance Agreement.
The Participant assumes all liability, if any, arising from, or associated with, the manner
in which the Participant sells, handles, and/or distributes any CRB Host Material.
_____________________________
Authorized Participant Signature Date
____________________________ __ __________
Typed or Printed Name Title
FOR PROGRAM USE ONLY
Compliance Agreement Number: ____________________________________
Compliance Agreement Expiration Date:
___________________ _________________
Program Officer Signature Date
___________________ _________________
Typed or Printed Name Title