Hawaii Administrative Code

(a) General. Where respondent (1) contests any material fact upon which the complaint is based; (2) contends that the order proposed in the complaint is inappropriate; or (3) contends that he is entitled to judgment as a matter of law, he shall file a written answer to the compla…

(a) General. All motions, except those made orally on the record during a hearing, shall (1) be in writing; (2) state the grounds therefor with particularity; (3) set forth the relief or order sought; and (4) be accompanied by any affidavit, certificate, other evidence, or legal …

(a) Default. A party may be found to be in default (1) after motion, upon failure to file a timely answer to the complaint; (2) after motion or sua sponte, upon failure to comply with a prehearing or hearing order of the hearing officer; or (3) after motion or sua sponte, upon fa…

(a) Settlement policy. The department encourages settlement of a proceeding at any time if the settlement is consistent with the provisions and objective of HRS chapter 342J and applicable regulations. The respondent may confer with complainant concerning settlement at any time a…

(a) Purpose of prehearing conference. Unless a conference appears unnecessary, the hearing officer, at any time before the hearing begins, shall direct the parties and their counsel or other representatives to appear at a conference before him to consider: (1) The settlement of t…

(a) (1) The director shall hold a public hearing whenever the director finds, on the basis of requests, a significant degree of public interest in a draft permit(s); (2) The director may also hold a public hearing at the director's discretion, whenever, for instance, such a heari…

(a) General. The hearing officer, upon motion of any party or sua sponte, may at any time render an accelerated decision in favor of the complainant or the respondent as to all or any part of the proceeding, without further hearing or upon such limited additional evidence, such a…

(a) When an answer is filed, the hearing officer clerk shall forward copies of the complaint, the answer, any other documents filed thus far in the proceeding, and the case file to the hearing officer. (b) Notice of hearing. If the respondent requests a hearing in his answer, the…

(a) General. The hearing officer shall admit all evidence which is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of little probative value, except that evidence relating to settlement which would be excluded in the State courts under Rule 408 of the H…

(a) Objection. Any objection concerning the conduct of the hearing may be stated orally or in writing during the hearing. The party raising the objection must supply a short statement of its grounds. The ruling by the hearing officer on any objection and the reasons given for it …

Within thirty days after the conclusion of the hearing, or within such longer time as may be fixed by the hearing officer, any party may submit for the consideration of the hearing officer, proposed findings of fact, conclusions of law, and a proposed order. All submissions shall…

(a) Filing and contents. The hearing officer shall issue his or her written recommendations to the director as soon as practicable after the period for filing proposed findings of fact, conclusions of law, and proposed order under section 11-271-126 has expired. The hearing offic…

(a) Filing and content. A motion to reopen a hearing to take further evidence must be made no later than twenty days after service of the final decision on the parties and shall (1) state the specific grounds upon which relief is sought, (2) state briefly the nature and purpose o…

All persons, including the applicants, who believe any condition of a draft permit is inappropriate or that the director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and…

(a) (1) The director may order the public comment period reopened if the procedures of this subsection could expedite the decisionmaking process. When the public comment period is reopened under this subsection, all persons, including applicants, who believe any condition of a dr…

(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…

(a) At the time that any final permit is issued under section 11-271-15, the director shall issue a response to comments. This response shall: (1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change;…

(a) The director shall base final permit decisions under section 11-271-15 on the administrative record defined in this section. (b) The administrative record for any final permit shall consist of the administrative record for the draft permit and: (1) All comments received durin…

In addition to the definitions given in sections 11-270-2 and 11-260-10, the definitions below apply to this subchapter. "Application" means the EPA standard national forms (see Appendix I of chapter 11-270) for applying for a permit. Application also includes the information req…

(a) Any interested person may petition the department for a declaratory order as to the applicability of any statutory provision or of any rule or order of the department. (b) The petition shall be prepared on a form furnished by the department. (c) The petition shall contain the…

(a) (1) Any person who requires a permit under the hazardous waste management program shall complete, sign, and submit to the director an application for a permit required under section 11-270-1. Applications are not required for hazardous waste management permits by rule (sectio…

Appendix I of chapter 11-270 entitled "Application for a Hazardous Waste Permit - Part A (January 1990)" is made a part of this chapter. Notes Haw. Code R. § 11-271-301 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: None)

(a) Applicability. The requirements of this section shall apply to all applicants seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to applicants seeking renewal of permits for such units, where the renewal application…

(a) Applicability. The requirements of this section shall apply to all applicants seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to applicants seeking renewal of permits for such units under section 11-270-51. The r…

(a) Applicability. The requirements of this section apply to all applicants seeking permits for hazardous waste management units. (b) The director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, t…

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in sec…

(a) Once an application is complete, the director shall tentatively decide whether to prepare a draft permit or to deny the application. (b) If the director tentatively decides to deny the permit application, the director shall issue a notice of intent to deny. A notice of intent…

The department shall prepare a statement of basis for every draft permit for which a fact sheet under section 11-271-8 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of n…

(a) A fact sheet shall be prepared for every draft permit for a major hazardous waste management facility or activity, and for every draft permit which the director finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth …

(a) The provisions of a draft permit prepared by the department under section 11-271-6 shall be based on the administrative record defined in this section. (b) For preparing a draft permit under section 11-271-6, the record shall consist of: (1) The application, if required, and …

Title 40, part 124, subparts A and B of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-271.1-2 to 11-271.…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 124, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Agency", "EPA", and "issuing Regional Office" shall be replaced with "state dep…

(a) The incorporation by reference of 40 C.F.R. section 124.1 is amended as follows: (1) Replace 40 C.F.R. section 124.1(a) in its entirety to read: "(a) This part contains state department of health procedures for issuing, modifying, revoking and reissuing, or terminating all RC…

(a) The incorporation by reference of 40 C.F.R. section 124.31 is amended as follows: (1) Replace 40 C.F.R. section 124.31(a) in its entirety to read: "(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for haza…

Title 40, part 273 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-273.1-2 to 11-273.1-9. Notes Haw. Co…

(a) In addition to the requirements of 40 C.F.R. section 273.70, as incorporated and amended in this chapter, any person who imports universal waste from a foreign country into the State must submit the following information in writing to the director within thirty days after the…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 273, 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 273.1 is amended as follows: (1) In 40 C.F.R. section 273.1(a)(4), delete "and". (2) In 40 C.F.R. section 273.1(a)(5), replace the period at the end of the paragraph with a semicolon. (3) In 40 C.F.R. section 273.1(a), add a…

(a) The incorporation by reference of 40 C.F.R. section 273.13 is amended as follows: (1) In 40 C.F.R section 273.13(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and (e)(4)(v), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (2) In 40 C.F.R. section…

(a) The incorporation by reference of 40 C.F.R. section 273.32 is amended as follows: replace 40 C.F.R. section 273.32(b) in its entirety to read: "(b) This notification must include a completed EPA Form 8700-12. To obtain EPA Form 8700-12, call the department at (808) 586-4226."…

(a) The incorporation by reference of 40 C.F.R. section 273.54 is amended as follows: in 40 C.F.R. section 273.54(b), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (b) The incorporation by reference of 40 C.F.R. part 273 is amended by adding a new s…

(a) The incorporation by reference of 40 C.F.R. section 273.60 is amended as follows: in 40 C.F.R. section 273.60(a), replace "section 3010 of RCRA" with "section 342J-6.5, HRS". (b) The incorporation by reference of 40 C.F.R. section 273.62 is amended as follows: in 40 C.F.R. se…

The incorporation by reference of 40 C.F.R. section 273.80 is amended as follows: in 40 C.F.R. section 273.80(d), insert "and hazardous waste electronic nicotine delivery systems" after "pharmaceuticals" and replace "a category" with "categories". Notes Haw. Code R. § 11-273.1-9 …

Terms that are defined in sections 11-260-10 and 11-261-1, and the State's underground storage tank rules have the same meanings when used in this chapter. "Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in sect…

This section identifies those materials which are subject to regulation as used oil under this chapter. This section also identifies some materials that are not subject to regulation as used oil under this chapter, and indicates whether these materials may be subject to regulatio…

Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this chapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification s…

(a) Surface impoundment prohibition. Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under chapter 11-264 or 11-265. (b) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited. (c) Burning…