Transportation of Hazardous Materials

HRS div. 1, tit. 17, ch. 286, pt. XII

in effect

HRS §286-221 Definitions

286-221. Definitions As used in this part, unless the context otherwise requires: "Hazardous material" means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, infectious substances, medical wastes, marine pollutants, elevated temperature materials, and materials that meet the defining criteria for hazard classes and divisions in Title 49, Code of Federal Regulations, Part 173. "Hazardous materials incident" means an occurrence or likely occurrence or potential of a spill, release, leakage, dumping, or loss of control of a hazardous material during the course of transportation in commerce including loading, unloading, or temporary storage. "Hazardous substance" means any material, including its mixtures and solutions, defined under Title 49, Code of Federal Regulations, Part 171. "Hazardous waste" means any material designated in Title 40, Code of Federal Regulations, Part 261 and which are subject to the hazardous waste manifest requirements of Title 40, Code of Federal Regulations, Part 262. "Infectious substance" means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals, or which is further described as an infectious substance in Title 49, Code of Federal Regulations, Part 173. "Medical waste" means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Title 49, Code of Federal Regulations, Part 173. [L 1989, c 185, pt of §2; am L 1996, c 134, §2; am L 2000, c 86, §2]

HRS §286-222 General powers

286-222. General powers (a) The department of transportation may regulate the transportation of hazardous materials by motor carrier in commerce. (b) The department shall annually adopt the hazardous material regulations established by the United States Department of Transportation and published in Title 49, Code of Federal Regulations, Parts 107, 171 to 173, inclusive, and Parts 177, 178, and 180. All other rules adopted by the State and political subdivisions thereof shall be consistent therewith. (c) Any hazardous material which meets the federal and state criteria of a hazardous material must be handled and transported according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in this part. [L 1989, c 185, pt of §2; am L 1996, c 134, §3; am L 2000, c 86, §3]

HRS §286-223 Scope

286-223. Scope (a) The federal rules establish minimum standards and must be complied with when transporting a hazardous material by motor carrier in commerce. (b) Transport shall be deemed to include any operation incidental to the whole course of carriage by motor carrier from shippers point of origin to final destination, including storage incidental to transportation while under active shipping papers and prior to the hazardous material reaching the ultimate consignee. (c) No person shall transport any hazardous material outside the confines of the person's facility or other location of storage or use, or offer or deliver any hazardous materials to a motor carrier for transportation in commerce, nor shall any motor carrier accept any hazardous materials for transport, without compliance with the applicable requirements of the hazardous material rules adopted by the department, including those relating to packaging of hazardous materials, marking and labeling of packages, preparation and carriage of shipping papers or manifests, handling, loading, and unloading packages, placarding of the transporting vehicle, training of employees, inspection of motor carrier vehicles, and motor carrier accident and hazardous materials incident reporting. (d) No person in the course of transportation in commerce, shall spill, dump, deposit, or cause the release of a hazardous material upon a public highway, street, or the surrounding or connecting property, including but not limited to, storm drains, gutters, harbors, waterways, canals, lakes, and ocean shorelines, without immediately taking action to stop the spread of the material or remove the same or cause the same to be removed. If such person fails to comply with this subsection, the governmental agency responsible for the maintenance of the highway, street, or property on which the material was deposited may remove such materials and collect, by civil action, if necessary, the actual cost of the removal operation and repair of damage to the affected facility or property from the person responsible as stated in this subsection. [L 1989, c 185, pt of §2; am L 1996, c 134, §4; am L 2000, c 86, §4]

HRS §286-224 Inspections

286-224. Inspections (a) Any shipment or transport of hazardous materials by motor vehicle in commerce of which vehicle placarding or a shipping paper or manifest is required by the hazardous materials regulations adopted by the State, is subject to inspection by persons appointed by the director of transportation to enforce the safe transportation of hazardous materials in commerce and by those state and county officers charged with the enforcement of laws and ordinances adopted pursuant to this part. (b) All carriers and persons that use a highway or street to transport hazardous materials in commerce shall afford the director of transportation, persons designated by the director, and those persons designated by the county executive officers, reasonable opportunity to enter and inspect freight containers, and motor vehicles, to review and document deficiencies on shipping papers and manifests, and to inspect other places incidental to the transshipment of hazardous materials by motor carrier vehicles. [L 1989, c 185, pt of §2; am L 1996, c 134, §5; am L 2000, c 86, §5]

HRS §286-225 Hazardous materials incident reporting

286-225. Hazardous materials incident reporting (a) Any employee of the motor carrier, the driver, handlers, and loaders, and any employees of state and county governments shall report hazardous materials incidents as follows: (1) Upon becoming aware of or observing the potential or actual spill, leakage, or loss of control of a hazardous material, shall immediately, or as soon as possible, notify the nearest police or fire department and make a report of the situation. This incident reporting requirement does not relieve a carrier or shipper of the responsibility to notify the United States Department of Transportation, state department of health, or local emergency planning committee of certain hazardous materials incidents. (2) Whenever an infectious substance shipment is lost, stolen, or suspected or known to be leaking from its containment packaging, shall immediately, or as soon as possible, notify the state department of health, and the Centers for Disease Control [and Prevention] in Atlanta, Georgia, and make a report of the situation. (3) Spillage or loss of control of a regulated medical waste shipment in commerce shall be reported immediately, or as soon as possible to the state department of health. (b) Whenever possible, the incident report should include: (1) The name and telephone number of the person calling in the report; (2) The name of the carrier; (3) Type of vehicle involved; (4) Injuries or fatalities connected with the incident, if any; (5) The location and time of the incident; (6) The duration of a chemical release into the environment, if known; (7) A description of hazards involved to include the chemical name or identity of any substance released; (8) Hazardous materials classification, markings, and information on labels and placards affixed on packages, containers or vehicles; and (9) Emergency actions taken including evacuation to minimize hazardous effects to public health, safety, and property. (c) A copy of any written notification required under Title 49, Code of Federal Regulations, Part 171 shall be provided to the state director of transportation. [L 1989, c 185, pt of §2; am L 1996, c 134, §6; am L 2000, c 86, §6]

HRS §286-226 Routes

286-226. Routes The intrastate shipment of explosives of any quantity that would require placarding of the transporting motor vehicle by the rules adopted pursuant to this part, shall not take place without first giving the police department and the fire department of the county in which the explosives are to be transported a forty-eight hour minimum advance notice. This advance notice shall be in writing and indicate the quantity and type of explosive material being shipped, the date and time of the shipment, and the route over which the explosive shipment will travel. This provision does not apply to the military during the period of a civil defense emergency proclaimed by the President or the governor. [L 1989, c 185, pt of §2]

HRS §286-227 Penalty

286-227. Penalty (a) Any person who violates this part or any rule adopted pursuant to this part shall be subject to a civil penalty of not more than $10,000 for each violation. Each day the violation continues shall constitute a separate offense. An action to impose or collect the penalty provided in this section shall be considered a civil action. (b) Any person who wilfully violates this part shall be subject to a criminal penalty of not more than $25,000 for each violation, imprisonment for a term not to exceed five years, or both. [L 1989, c 185, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-.htmFetched: 11/10/2026