Haw. Code R. § 11-270-63 - Permits for land treatment demonstrations using field test or laboratory analyses
(a) For the purpose
of allowing an owner or operator to meet the treatment demonstration
requirements of section 11-264-272, the director may issue a treatment
demonstration permit. The permit must contain only those requirements necessary
to meet the standards in subsection 11-264-272(c). The permit may be issued
either as a treatment or disposal permit covering only the field test or
laboratory analyses, or as a two-phase facility permit covering the field
tests, or laboratory analyses, and design, construction operation and
maintenance of the land treatment unit.
(1)
The director may issue a two-phase facility permit if he finds that, based on
information submitted in Part B of the application, substantial, although
incomplete or inconclusive, information already exists upon which to base the
issuance of a facility permit.
(2)
If the director finds that not enough information exists upon which he can
establish permit conditions to attempt to provide for compliance with all of
the requirements of subchapter M of chapter 11-264 or 11-265, he must issue a
treatment demonstration permit covering only the field test or laboratory
analyses.
(b) If the
director finds that a phased permit may be issued, he will establish, as
requirements in the first phase of the facility permit, conditions for
conducting the field tests or laboratory analyses. These permit conditions will
include design and operating parameters (including the duration of the tests or
analyses and, in the case of field tests, the horizontal and vertical
dimensions of the treatment zone), monitoring procedures, post-demonstration
clean-up activities, and any other conditions which the director finds may be
necessary under subsection 11-264-272(c). The director will include conditions
in the second phase of the facility permit to attempt to meet all subchapter M
requirements of chapter 11-264 or 11-265 pertaining to unit design,
construction, operation, and maintenance. The director will establish these
conditions in the second phase of the permit based upon the substantial but
incomplete or inconclusive information contained in the Part B application.
(1) The first phase of the permit will be
effective as provided in subsection 11-271-15(b).
(2) The second phase of the permit will be
effective as provided in subsection (d) of this section.
(c) When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, he must
submit to the director a certification, signed by a person authorized to sign a
permit application or report under section 11-270-11, that the field tests or
laboratory analyses have been carried out in accordance with the conditions
specified in phase one of the permit for conducting such tests or analyses. The
owner or operator must also submit all data collected during the field tests or
laboratory analyses within ninety days of completion of those tests or analyses
unless the director approves a later date.
(d) If the director determines that the
results of the field tests or laboratory analyses meet the requirements of
section 11-264-272, he will modify the second phase of the permit to
incorporate any requirements necessary for operation of the facility in
compliance with chapter 11-264, subchapter M, based upon the results of the
field tests or laboratory analyses.
(1) This
permit modification may proceed under section 11-270-42, or otherwise will
proceed as a modification under paragraph 11-270-41(a)(2). If such
modifications are necessary, the second phase of the permit will become
effective only after those modifications have been made.
(2) If no modifications of the second phase
of the permit are necessary, the director will give notice of his final
decision to the permit applicant and to each person who submitted written
comments on the phased permit or who requested notice of the final decision on
the second phase of the permit. The second phase of the permit then will become
effective as specified in subsection 11-271-15(b).
Notes
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