Haw. Code R. § 11-271-15 - Issuance and effective date of permit
(a) After the close
of the public comment period under section 11-271-10 on a draft permit, the
director shall issue a final permit decision (or a decision to deny a permit
for the active life of a hazardous waste management facility or unit under
section 11-270-29). The director shall notify the applicant and each person who
has submitted written comments or requested notice of the final permit
decision. The notice of final permit decision shall inform the persons
authorized by subsection (c) to request a contested case hearing of the
procedures for requesting such a hearing. For the purposes of this section, a
final permit decision means a final decision to issue, deny, modify, revoke and
reissue, or terminate a permit.
(b)
A final permit decision (or a decision to deny a permit for the active life of
a hazardous waste management facility or unit under section 11-270-29) shall
become effective thirty days after the service of notice of the decision
unless:
(1) A later effective date is
specified in the decision; or
(2) A
written request for a contested case hearing is made within thirty days of the
date of issuance of the final permit decision by a person authorized by
subsection (c) of this section to request a contested case hearing;
or
(3) No comments requested a
change in the draft permit, in which case the permit shall become effective
immediately upon issuance.
(c) After the issuance of a final permit
decision, a contested case hearing may be requested by:
(1) The permittee whose permit has been
modified, or revoked and reissued, or terminated;
(2) The person whose application for a permit
is denied; and
(3) Any person whose
legal rights, duties, or privileges will be specially, personally, and
adversely affected by the permit decision and who has participated as an
adversary during the public comment period or public hearing in the manner
provided by sections 11-271-11, 11-271-12, 11-271-13, and 11-271-14.
(d) A request for a contested case
hearing must be made in writing.
(e) The director shall approve, or approve
with conditions, or deny a complete application for a State hazardous waste
management permit required under chapter 11-270, and notify the applicant,
within one hundred and eighty days of the effective date of the permit
application per section 11-271-3(f). Otherwise, the application is deemed
approved on the one hundred and eightieth day.
(f) Subsection (e) shall terminate upon the
effective date of federal authorization to Hawaii to administer and enforce a
hazardous waste program in the State in lieu of the federal program.
Notes
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