Haw. Code R. §§ 11-124.6 - Draft permits

(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, he or she shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See § 124.6(e). If the Director's final decision (§124.15) is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section.

(c) [excluded from incorporation]

(d) If the director decides to prepare a draft permit, he or she shall prepare a draft permit that contains the following information:

(1) All the conditions under 40 C.F.R. sections 270.30 and 270.32, as incorporated and amended in section 11-270.1-1;

(2) All compliance schedules under 40 C.F.R. section 270.33, as incorporated and amended in section 11-270.1-1;

(3) All monitoring requirements under 40 C.F.R. section 270.31, as incorporated and amended in section 11-270.1-1; and

(4) Standards for treatment, storage, and/or disposal and other permit conditions under 40 C.F.R. section 270.30, as incorporated and amended in section 11-270.1-1.

(e) All draft permits prepared by [the] state department of health under this section shall be accompanied by a statement of basis (§ 124.7) or fact sheet (§124.8), and shall be based on the administrative record (§124.9), publicly noticed (§ 124.10) and made available for public comment (§ 124.11). The director shall give notice of opportunity for a public hearing (§124.12), issue a final decision (§ 124.15) and respond to comments (§ 124.17). A contested case hearing may be requested as provided in 40 C.F.R. section 124.15, as incorporated and amended in this chapter.

Notes

Haw. Code R. §§ 11-124.6

[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