Haw. Code R. § 11-271-5 - Modification, revocation and reissuance, or termination of permits
(a) Permits may be modified, revoked and
reissued, or terminated either at the request of any interested person
(including the permittee) or upon the director's initiative. However, permits
may only be modified, revoked and reissued, or terminated for the reasons
specified in section 11-270-41 or 11-270-43. All requests shall be in writing
and shall contain facts or reasons supporting the request.
(b) If the director decides the request is
not justified, the director shall send the requester a brief written response
giving a reason for the decision. Denials of requests for modification,
revocation and reissuance, or termination are not subject to public notice,
comment, or hearings.
(c)
(1) If the director tentatively decides to
modify or revoke and reissue a permit under section 11-270-41 or subsection
11-270-42(c), the director shall prepare a draft permit under section 11-271-6 incorporating the proposed changes. The director may request additional
information and, in the case of a modified permit, may require the submission
of an updated application. In the case of revoked and reissued permits, the
director shall require the submission of a new application.
(2) In a permit modification under this
section, only those conditions to be modified shall be reopened when a new
draft permit is prepared. All other aspects of the existing permit shall remain
in effect for the duration of the unmodified permit. When a permit is revoked
and reissued under this section, the entire permit is reopened just as if the
permit had expired and was being reissued. During any revocation and reissuance
proceeding the permittee shall comply with all conditions of the existing
permit until a new final permit is reissued.
(3) "Classes 1 and 2 modifications" as
defined in subsections 11-270-42(a) and (b) are not subject to the requirements
of this section.
(d) If
the director tentatively decides to terminate a permit under section 11-270-43,
the director shall issue a notice of intent to terminate. A notice of intent to
terminate is a type of draft permit which follows the same procedures as any
draft permit prepared under section 11-271-6.
(e) All draft permits (including notices of
intent to terminate) prepared under this section shall be based on the
administrative record as defined in section 11-271-9.
Notes
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