Haw. Code R. § 11-270-30 - Conditions applicable to all permits
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 must comply with all conditions of this permit,
except that the permittee need not comply with the conditions of this permit to
the extent and for the duration such noncompliance is authorized in an
emergency permit. (See section 11-270-61). Any permit noncompliance, except
under the terms of an emergency permit, constitutes a violation of chapter
342J, HRS and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal
application.
(b) Duty to reapply.
If the permittee wishes to continue an activity regulated by this permit after
the expiration date of this permit, the permittee must apply for and obtain a
new permit.
(c) Need to halt or
reduce activity not a defense. It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this
permit.
(d) In the event of
noncompliance with the permit, the permittee shall take all reasonable steps to
minimize releases to the environment, and shall carry out such measures as are
reasonable to prevent significant adverse impacts on human health or the
environment.
(e) Proper operation
and maintenance. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance includes effective
performance, adequate funding, adequate operator staffing and training, and
adequate laboratory and process controls, including appropriate quality
assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
(f) Permit actions. This permit may be
modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
or termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not
convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The
permittee shall furnish to the director, within a reasonable time, any relevant
information which the director may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this permit. The permittee shall also furnish to the
director, upon request, copies of records required to be kept by this
permit.
(i) Inspection and entry.
The permittee shall allow the director, or an authorized representative, upon
the presentation of credentials and other documents as may be required by law
to:
(1) Enter at reasonable times upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this
permit;
(2) Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of this permit;
(3) Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit;
and
(4) Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by chapter 342J, HRS or the rules adopted thereunder, any
substances or parameters at any location.
(j) Monitoring and records.
(1) Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
(2) The permittee shall
retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, the
certification required by paragraph 11-264-73(b) (9), and records of all data
used to complete the application for this permit, for a period of at least
three years from the date of the sample, measurement, report, certification, or
application. This period may be extended by request of the director at any
time. The permittee shall maintain records from all ground-water monitoring
wells and associated ground-water surface elevations, for the active life of
the facility, and for disposal facilities for the post-closure care period as
well.
(3) Records for monitoring
information shall include:
(i) The date,
exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the
sampling or measurements;
(iii) The
date(s) analyses were performed;
(iv) The individual(s) who performed the
analyses;
(v) The analytical
techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory
requirements. All applications, reports, or information submitted to the
director shall be signed and certified (See section 11-270-11.)
(l) Reporting requirements.
(1) Planned changes. The permittee shall give
notice to the director as soon as possible of any planned physical alterations
or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee
shall give advance notice to the director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit
requirements. For a new facility, the permittee may not treat, store, or
dispose of hazardous waste; and for a facility being modified, the permittee
may not treat, store, or dispose of hazardous waste in the modified portion of
the facility except as provided in section 11-270-42, until:
(i) The permittee has submitted to the
director by certified mail or hand delivery a letter signed by the permittee
and a registered professional engineer stating that the facility has been
constructed or modified in compliance with the permit; and
(ii)
(A)
The director has inspected the modified or newly constructed facility and finds
it is in compliance with the conditions of the permit; or
(B) Within fifteen days of the date of
submission of the letter in paragraph (1)(2)(i), the permittee has not received
notice from the director of his or her intent to inspect, prior inspection is
waived and the permittee may commence treatment, storage, or disposal of
hazardous waste.
(3) Transfers. This permit is not
transferable to any person except after notice to the director. The director
may require modification or revocation and reissuance of the permit to change
the name of the permittee and incorporate such other requirements as may be
necessary under chapter 342J, HRS or the rules adopted thereunder. (See section
11-270-40)
(4) Monitoring reports.
Monitoring results shall be reported at the intervals specified elsewhere in
this permit.
(5) Compliance
schedules. Reports of compliance or noncompliance with, or any progress reports
on, interim and final requirements contained in any compliance schedule of this
permit shall be submitted no later than fourteen days following each schedule
date.
(6) Twenty-four hour
reporting.
(i) The permittee shall report any
noncompliance which may endanger health or the environment orally within
twenty-four hours from the time the permittee becomes aware of the
circumstances, including:
(A) Information
concerning release of any hazardous waste that may cause an endangerment to
public drinking water supplies.
(B)
Any information of a release or discharge of hazardous waste or of a fire or
explosion from the HWM facility, which could threaten the environment or human
health outside the facility.
(ii) The description of the occurrence and
its cause shall include:
(A) Name, address,
and telephone number of the owner or operator;
(B) Name, address, and telephone number of
the facility;
(C) Date, time, and
type of incident;
(D) Name and
quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential
hazards to the environment and human health outside the facility, where this is
applicable; and
(G) Estimated
quantity and disposition of recovered material that resulted from the
incident.
(iii) A
written submission shall also be provided within five days of the time the
permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance and its cause; the period of
noncompliance including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The director may waive the five day written notice requirement
in favor of a written report within fifteen days.
(7) Manifest discrepancy report: If a
significant discrepancy in a manifest is discovered, the permittee must attempt
to reconcile the discrepancy. If not resolved within fifteen days, the
permittee must submit a letter report, including a copy of the manifest, to the
director. (See section 11-264-72.)
(8) Unmanifested waste report: This report
must be submitted to the director within fifteen days of receipt of
unmanifested waste. (See section 11-264-76)
(9) Biennial report: A biennial report must
be submitted covering facility activities during odd numbered calendar years.
(See section 11-264-75.)
(10) Other
noncompliance. The permittee shall report all instances of noncompliance not
reported under paragraphs (1)(4), (5), and (6), at the time monitoring reports
are submitted. The reports shall contain the information listed in paragraph
(1) (6).
(11) Other information.
Where the permittee becomes aware that it failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit
application or in any report to the director, it shall promptly submit such
facts or information.
Notes
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