Haw. Code R. § 11-270-70 - Qualifying for interim status

(a) Any person who owns or operates an "existing HWM facility" subject to the requirement to have a hazardous waste management permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has:

(1) Complied with the requirements of section 3010(a) of RCRA or HRS section 342J-6.5 pertaining to notification of hazardous waste activity; and

(2) Complied with the requirements of section 3005 of RCRA or section 11-270-10(e) governing submission of Part A applications.

(b) Failure to qualify for interim status. If the department has reason to believe upon examination of a Part A application that the applicant and/or facility fails to meet the requirements of section 11-270-13, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for the department's belief that the application is deficient. The owner or operator shall have thirty days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his Part A application. If, after such notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action against the owner and/or operator of the facility, including, but not limited to, an enforcement action for operation of a facility without a permit or interim status.

(c) Subsection (a) shall not apply to any facility which has been previously denied a RCRA or hazardous waste management permit or if authority to operate the facility under RCRA or HRS section 342J-30 has been previously terminated.

Notes

Haw. Code R. § 11-270-70

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.70)