Section 11-60.1-65 - Compliance plan(a) A compliance plan shall be submitted with every initial application for a noncovered source, temporary noncovered source, and general noncovered source permit, application for a noncovered source permit renewal, and application for a modification to a noncovered source, and at such other times as requested by the director.(b) The owner or operator of a noncovered source shall submit to the director for approval a compliance plan which includes at a minimum the following information: (1) A description of the compliance status of the existing noncovered source or proposed source with respect to all the applicable requirements; and(2) The following statement or description and compliance schedule, as applicable: (A) For applicable requirements with which the source is in compliance, a statement that the source is in compliance and will continue to comply with such requirements;(B) For applicable requirements which become applicable during the permit term, a statement that the source on a timely basis will meet all such applicable requirements and a detailed schedule if required by the applicable requirement. The statement shall include documentation on the proposed method the owner or operator plans to initiate to obtain compliance; and a compliance schedule demonstrating that the source will meet such applicable requirement by the date specified in the applicable requirement; or(C) For applicable requirements with which the source is not in compliance, a narrative description of how the source will achieve compliance with all such applicable requirements; and a detailed compliance schedule containing specific milestones of remedial measures to obtain compliance, allowing for an enforceable sequence of actions. Any compliance schedule shall resemble and shall be at least as stringent as any judicial consent decree or administrative order that applies to the source. The schedule shall not sanction noncompliance with the applicable requirements on which the schedule is based.(c) If a compliance plan is to remedy a violation, a progress report certified pursuant to section 11-60.1-4 shall be submitted to the director no less frequently than every six months and shall include: (1) Dates for achieving the activities, milestones, or compliance, and dates when such activities, milestones, or compliance were achieved; and(2) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.Haw. Code R. § 11-60.1-65
[Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 ) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 )