Haw. Code R. § 11-270-51 - Continuation of expiring permits

(a) The conditions of an expired permit continue in force until the effective date of a new permit (see section 11-271-15) if:

(1) The permittee has submitted a timely application under section 11-270-14 and the applicable provisions in sections 11-270-15 through 11-270-29 which is a complete (under subsection 11-270-10(c)) application for a new permit; and

(2) The director through no fault of the permittee, does not issue a new permit with an effective date under section 11-271-15 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).

(b) Permits continued under this section remain fully effective and enforceable.

(c) When the permittee is not in compliance with the conditions of the expiring or expired permit, the director may choose to do any or all of the following:

(1) Initiate enforcement action based upon the permit which has been continued;

(2) Issue a notice of intent to deny the new permit under section 11-271-6. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(3) Issue a new permit under chapter 11-271 with appropriate conditions; or

(4) Take other actions authorized by these rules.

(d) [Reserved]

Notes

Haw. Code R. § 11-270-51

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.51)