Haw. Code R. § 11-270-32 - Establishing permit conditions

(a) In addition to conditions required in all permits (section 11-270-30), the director shall establish conditions, as required on a case-by-case basis, in permits under section 11-270-50 (duration of permits), subsection 11-270-33(a) (schedules of compliance), and section 11-270-31 (monitoring).

(b)

(1) Each hazardous waste management permit shall include permit conditions necessary to achieve compliance with HRS chapter 342J and the rules adopted thereunder, including each of the applicable requirements specified in chapters 11-264 and 11-266 through 11-268. In satisfying this provision, the director may incorporate applicable requirements of chapters 11-264 and 11-266 through 11-268 directly into the permit or establish other permit conditions that are based on these chapters.

(2) Each permit issued under HRS section 342J-5 shall contain terms and conditions as the director determines necessary to protect human health and the environment.

(c) An applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. Section 11-271-14 (reopening of comment period) provides a means for reopening EPA or State permit proceedings at the discretion of the director where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 11-270-41.

(d) New or reissued permits, and to the extent allowed under section 11-270-41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in section 11-270-31.

(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable rules or requirements must be given in the permit.

Notes

Haw. Code R. § 11-270-32

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.32)