HRS §128D-22
When the state can act on a release already covered by federal law
This section says when the state can also act on a release already covered by a federal order. It can only act if the release is an immediate serious threat and federal law hasn't fixed it. The state must not conflict with federal law, and a release is handled under either federal or state law, not both, except for joint enforcement. The state can still use other laws to protect health, safety, and the environment.
everyone
The statute, as written — Exemption from duplicative regulation
When there has been a response to a release pursuant to an order issued under federal law, the director may use this chapter to address the same release provided that: (1) The release creates an imminent and substantial harm to the public health or welfare; and (2) The federal law has not provided a remedy consistent with the state contingency plan. In those circumstances, the director shall avoid actions in conflict with federal law. A single release may be addressed either by CERCLA or by this chapter, but not both, except in the case of a joint enforcement. Nothing in this chapter shall prevent the director from taking action pursuant to the common law or other statutory provisions necessary to protect the public health and welfare, safety, or the environment.
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