Hawaii Administrative Code

The director may, pursuant to the procedures in chapter 11-271, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only. Notes Haw. Code R. § 11-270-29 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342…

The following conditions apply to all hazardous waste management permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these rules must be given in the permit. (a) Duty to comply. The permittee m…

All permits shall specify: (a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); (b) Required monitoring including type, intervals, and frequency …

(a) In addition to conditions required in all permits (section 11-270-30), the director shall establish conditions, as required on a case-by-case basis, in permits under section 11-270-50 (duration of permits), subsection 11-270-33(a) (schedules of compliance), and section 11-270…

(a) The permit may when appropriate, specify a schedule of compliance leading to compliance with HRS chapter 342J and the rules adopted thereunder. (1) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible. (2) Interim da…

(a) Compliance with a hazardous waste management permit during its term constitutes compliance, for purposes of enforcement, with chapter 342J, HRS and the rules adopted thereunder except for those requirements not included in the permit which: (1) Become effective by statute; (2…

(a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under subsection 11-270-40(b) or paragraph 11-270-41(b)(2)) to identify the new permittee and incorporate such other requirements as may be ne…

When the director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 11-270-30), receives a request for revocation and reissuance under section 11-271-5 or conducts a review of the p…

(a) Class 1 modifications. (1) Except as provided in paragraph (a)(2), the permittee may put into effect Class 1 modifications listed in Appendix I of this section under the following conditions: (i) The permittee must notify the director concerning the modification by certified …

(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's failure in the application or during the permit issuance process to disclos…

(a) Hazardous waste management permits shall be effective for a fixed term not to exceed five years. (b) Except as provided in section 11-270-51, the term of a permit shall not be extended by modification beyond the maximum duration specified in this section. (c) The director may…

(a) The conditions of an expired permit continue in force until the effective date of a new permit (see section 11-271-15) if: (1) The permittee has submitted a timely application under section 11-270-14 and the applicable provisions in sections 11-270-15 through 11-270-29 which …

(a) When used in chapter 11-270, the following publications are incorporated by reference: (See section 11-260-11 References) (b) The references listed in subsection (a) are also available for inspection at the Office of the Federal Register, 1100 L Street, NW., Washington, DC 20…

Notwithstanding any other provision of this chapter or chapter 11-271, the following shall be deemed to have a hazardous waste management permit if the conditions listed are met: (a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts …

(a) Notwithstanding any other provision of this chapter or chapter 11-271, in the event the director finds an imminent and substantial endangerment to human health or the environment the director may issue a temporary emergency permit: (1) To a non-permitted facility to allow tre…

(a) For the purposes of determining operational readiness following completion of physical construction, the director must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator.…

(a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of section 11-264-272, the director may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in subsection 11-2…

(a) The director may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activi…

(a) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of section 11-266-103) are subject to subsections (b) through (f) of this section. Boilers and industrial furnaces operating under the interim status s…

(a) Any person who owns or operates an "existing HWM facility" subject to the requirement to have a hazardous waste management permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has: (1) Complied with the requirements of s…

(a) During the interim status period the facility shall not: (1) Treat, store, or dispose of hazardous waste not specified in Part A of the permit application; (2) Employ processes not specified in Part A of the permit application; or (3) Exceed the design capacities specified in…

(a) Except as provided in subsection (b), the owner or operator of an interim status facility may make the following changes at the facility: (1) Treatment, storage, or disposal of new hazardous wastes not previously identified in Part A of the permit application (and, in the cas…

Interim status terminates or terminated when: (a) Final administrative disposition of a permit application is made; or (b) Interim status is terminated as provided in paragraph 11-270-10(e) (5). (c) For owners or operators of each land disposal facility which had been granted a R…

Title 40, part 270 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2020, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-270.1-2 to 11-270.1-12. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 270.80 is amended as follows: in 40 C.F.R. section 270.80(c), replace "RCRA Permit under RCRA section 3005(c)" with "State hazardous waste permit under section 342J-5, HRS". (b) The incorporation by reference of 40 C.F.R. se…

40 C.F.R. part 270, subpart J is excluded from the incorporation by reference of 40 C.F.R. part 270. Notes Haw. Code R. § 11-270.1-12 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35)…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 270, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

(a) The incorporation by reference of 40 C.F.R. section 270.1 is amended as follows: (1) Replace 40 C.F.R. section 270.1(a)(1) in its entirety to read: "(1) These permit regulations establish provisions for the Hazardous Waste Permit Program under chapter 342J, HRS." (2) Replace …

(a) The incorporation by reference of 40 C.F.R. section 270.10 is amended as follows: (1) 40 C.F.R. section 270.10(a)(6) is excluded from incorporation. (2) In 40 C.F.R. section 270.10(e)(1)(ii), replace "March 24, 1987" with "June 18, 1994". (3) 40 C.F.R. section 270.10(e)(2) is…

(a) The incorporation by reference of 40 C.F.R. section 270.31 is amended as follows: in 40 C.F.R. section 270.31(c), replace "parts 264, 266 and 267" with "chapters 11-264.1 and 11-266.1". (b) The incorporation by reference of 40 C.F.R. section 270.32 is amended as follows: (1) …

(a) The incorporation by reference of 40 C.F.R. section 270.40 is amended as follows: (1) In 40 C.F.R. section 270.40(a), replace "the appropriate Act" with "chapter 342J, HRS, or chapters 11-260.1 to 11-279.1". (2) In 40 C.F.R, section 270.40(b), delete "or as a routine change w…

(a)The incorporation by reference of 40 C.F.R. section 270.50 is amended as follows: (1) In 40 C.F.R. section 270.50(a), replace "10 years" with "five years". (2) In 40 C.F.R. section 270.50(d), replace "five years" with "three years", (b) The incorporation by reference of 40 C.F…

(a) 40 C.F.R. sections 270.60(b) and 270.64 are excluded from the incorporation by reference of 40 C.F.R. part 270 . Hawaii prohibits the underground injection of hazardous waste. (b) 40 C.F.R. section 270.67 is excluded from the incorporation by reference of 40 C.F.R. part 270. …

The incorporation by reference of 40 C.F.R. section 270.70 is amended as follows: (1) In 40 C.F.R. section 270.70(a)(1), insert "or section 342J-6.5, HRS," after "RCRA". (2) In 40 C.F.R. section 270.70(b), insert "against the owner and/or operator of the facility, including, but …

(a) This subchapter contains the department procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste management "permits" other than "emergency permits" (see section 11-270-61) and "permits by rule" (section 11-270-60). The latter kinds of per…

(a) Scope. (1) The director shall give public notice that the following actions have occurred: (i) A permit application has been tentatively denied under subsection 11-271-6(b); (ii) A draft permit has been prepared under subsection 11-271-6(d); or (iii) A hearing has been schedu…

(a) Notwithstanding any other rules to the contrary, the rules in this subchapter govern all contested case hearings conducted under HRS chapter 342J. Any other rules relating to contested case hearings shall not apply to contested case hearings conducted under HRS chapter 342J u…

As used in this subchapter, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require. Notes Haw. Code R. § 11-271-102 [Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R…

(a) The following definitions apply to this subchapter: "Complainant" means any person authorized to issue a complaint on behalf of the department. "Complaint" means a written communication, alleging one or more violations of specific provisions of HRS chapter 342J, any rules ado…

(a) The director delegates authority under HRS chapters 342J and 26 and HRS section 92-16 to the hearing officer to perform the functions assigned to him or her in the rules of this subchapter. Except as provided in subsection (b) of this section, an appeal or motion under this s…

(a) Filing of pleadings and documents. (1) The original and one copy of the complaint, and the original of the answer and of all other documents served in the proceeding shall be filed with the hearing officer clerk. (2) A certificate of service shall accompany each document file…

All rulings, orders, decisions, and other documents issued by the director or hearing officer, as appropriate, shall be filed with the hearing officer clerk. Copies of such rulings, orders, decisions, or other documents shall be served personally, or by certified mail, return rec…

(a) Computation. In computing any period of time prescribed or allowed by the rules in this subchapter, the day of the event from which the designated period begins to run shall not be included. Saturdays, Sundays, and State holidays shall be included. When a stated time expires …

At no time after the issuance of the complaint shall the hearing officer discuss ex parte the merits of the proceeding with any interested person outside the department, with any department staff member who performs a prosecutorial or investigative function in such proceeding or …

(a) Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during department business hours, inspect and copy any document filed in any proceeding. Such documents shall be made available by the hearing officer clerk. (b) Th…

During the public comment period provided under section 11-271-10, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state …

Any party may appear in person or by counsel or other representative. A partner may appear on behalf of a partnership and an officer may appear on behalf of a corporation. Persons who appear as counsel must conform to the standards of conduct and ethics required of practitioners …