Haw. Code R. § 11-271-15

Current through September, 2024
Section 11-271-15 - Issuance and effective date of permit
(a) After the close of the public comment period under section 11-271-10 on a draft permit, the director shall issue a final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 11-270-29). The director shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. The notice of final permit decision shall inform the persons authorized by subsection (c) to request a contested case hearing of the procedures for requesting such a hearing. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.
(b) A final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 11-270-29) shall become effective thirty days after the service of notice of the decision unless:
(1) A later effective date is specified in the decision; or
(2) A written request for a contested case hearing is made within thirty days of the date of issuance of the final permit decision by a person authorized by subsection (c) of this section to request a contested case hearing; or
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.
(c) After the issuance of a final permit decision, a contested case hearing may be requested by:
(1) The permittee whose permit has been modified, or revoked and reissued, or terminated;
(2) The person whose application for a permit is denied; and
(3) Any person whose legal rights, duties, or privileges will be specially, personally, and adversely affected by the permit decision and who has participated as an adversary during the public comment period or public hearing in the manner provided by sections 11-271-11, 11-271-12, 11-271-13, and 11-271-14.
(d) A request for a contested case hearing must be made in writing.
(e) The director shall approve, or approve with conditions, or deny a complete application for a State hazardous waste management permit required under chapter 11-270, and notify the applicant, within one hundred and eighty days of the effective date of the permit application per section 11-271-3(f). Otherwise, the application is deemed approved on the one hundred and eightieth day.
(f) Subsection (e) shall terminate upon the effective date of federal authorization to Hawaii to administer and enforce a hazardous waste program in the State in lieu of the federal program.

Haw. Code R. § 11-271-15

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, Act 164, 1998 Haw. Sess. Laws) (Imp: 40 C.F.R. §124.15 )