Haw. Code R. §§ 11-124.15 - Issuance and effective date of permit; appeal of permits

(a) After the close of the public comment period under § 124.10 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 RCRA hazardous waste management facility or unit under § 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 40 C.F.R. section 124.15(c), as incorporated and amended in this chapter, to request a contested case hearing of the procedures for requesting such a hearing. Chapter 11-1 procedures for contested case hearings apply to contested case hearings for permits. 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 RCRA hazardous waste management facility or unit under §270.29) shall become effective 30 days after the service of notice of the decision unless:

(1) A later effective date is specified in the decision;

(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 40 C.F.R. section 124.15(c), as incorporated and amended in this chapter, 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 in writing by:

(1) The permittee whose permit has been modified, or revoked and reissued, or terminated;

(2) The person whose application for a permit has been 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 40 C.F.R. sections 124.11 to 124.14, as incorporated and amended in this chapter.

Notes

Haw. Code R. §§ 11-124.15

[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) Am and Comp 9/30/2018 Am and comp 6/25/2020 Comp 6/7/2021 Am and comp 1/29/2024