Haw. Code R. § 11-20-26 - Disposition of a request for variance or exemption
(a)
If the director determines that a request for a variance or
exemption is inadequate or incomplete, the director may deny the request. If
the director fails to act on a variance or exemption request within one hundred
eighty days after the request is submitted, the request will be deemed to be
granted.
(b) If the director
proposes to grant a variance or exemption request submitted pursuant to section
11-20-21 or
11-20-24,
respectively, the director shall notify the applicant of the director's
decision in writing. Such notice shall identify the variance or exemption, the
facility covered, and shall specify, as appropriate, the period of time for
which the variance will be effective or the termination date of the exemption.
(1) For the type of variance specified in
section
11-20-20(a)
or for an exemption, such notice shall also provide that the variance or
exemption will be terminated when the public water system comes into compliance
with the applicable regulation, and may be terminated upon a finding by the
director that the public water system has failed to comply with any
requirements of a final schedule issued pursuant to section
11-20-28.
(2) For the type of variance specified in
section
11-20-20(b)
such notice shall provide that the variance may be terminated at any time upon
a finding that the nature of the raw water source is such that the specified
treatment technique for which the variance was granted is necessary to protect
the health of persons or upon a finding that the public water system has failed
to comply with monitoring and other requirements prescribed by the director as
a condition to the granting of the variance.
(c) For a variance specified in section
11-20-20(a)(1)
or an exemption, the director shall propose a schedule for:
(1) Compliance (including increments of
progress) by the public water system with each contaminant level requirement
covered by the variance or each contaminant level and treatment technique
covered by the exemption; and
(2)
Implementation by the public water system of such control measures as the
director may require for each contaminant covered by the variance or
exemption.
(d) The
proposed schedule for compliance shall contain such conditions as the director
may prescribe and shall specify dates by which steps towards compliance are to
be taken, including, where applicable:
(1)
Date by which arrangement for an alternative raw water source or improvement or
existing raw water source will be completed;
(2) Date of initiation of the connection of
the alternative raw water source or improvement of the existing raw water
source; and
(3) Date by which
final compliance is to be achieved.
(e) The proposed schedule for compliance for
a variance specified in section
11-20-20(a)(1)
may, if the public water system has no access to an alternative raw water
source, and can effect or anticipate no adequate improvement of the existing
raw water source, specify an indefinite time period for compliance until a new
and effective treatment technology is developed at which time a new compliance
schedule shall be prescribed by the director.
(f) The proposed schedule for implementation
of interim control measures during the period of the variance shall specify
interim treatment techniques, methods and equipment, and dates by which steps
toward meeting the interim control measures are to be met.
(g) The schedule shall be prescribed by the
director within one year after the granting of the variance or exemption,
subsequent to provision of opportunity for hearing pursuant to section
11-20-27.
(h) The director may prescribe reasonable
conditions as part of any variance or exemption.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.