Haw. Code R. § 11-279.1-14 - Used oil and used oil fuel permitting system
(a) No
person shall own, operate, add, extend, or modify a used oil or used oil fuel
transportation or processing/re-refining facility or used oil collection center
without first obtaining a permit from the department, except as provided in
subsection (b). a permit shall be issued in accordance with this section and
part IV of chapter 342J, HRS.
(b)
Facilities exempted under section
40 C.F.R. section
279.40(a)(1) to (4), as
incorporated and amended in this chapter, are not required to obtain a permit
under this section. Used oil collection centers that collect oil exclusively
from household "do-it-yourselfer" generators exempted from regulation by
40 C.F.R. section
279.20(a)(1), as
incorporated and amended in this chapter, are not required to obtain a permit
under this section.
(c) General
requirements.
(1) An application for a used
oil or used oil fuel permit shall be completed on forms furnished by the
director.
(2) The applicant shall
be the owner or operator of the facility. Each application shall contain the
original signature of the applicant and shall constitute an acknowledgment that
the applicant will assume responsibility for complying with this chapter and
part IV of chapter 342J, HRS, with respect to the construction and operation of
the facility. The application shall be signed by one of the following:
(A) In the case of a corporation, by a
principal executive officer of at least the level of vice president;
(B) In the case of a partnership, by a
general partner;
(C) In the case of
a sole proprietorship, by the proprietor; or
(D) In the case of a county, state, or
federal entity, by either a principal executive officer, ranking elected
official, or other duly authorized employee.
(3) All permit applicants shall pay a permit
filing fee as required by subsection (d)(8)
(d) General conditions.
(1) The director may issue a permit that
contains a requirement that the permittee complies with certain
conditions.
(2) The director may
add, delete, or modify any conditions on any permits.
(3) The director may grant a permit for any
term, not exceeding five years, and upon application may renew a permit from
time to time for a term not exceeding five years, if such is in the public
interest.
(4) The permittee may
request a modification of any permit condition provided that:
(A) A justification is provided to the
director with the request; and
(B)
No modification will be effective unless approved by the director.
(5) A permit shall not be
transferred without a written application to the director by the new owner and
without written approval by the director. A permit can be transferred only
under the following conditions:
(A) There is
no change in the operations manual; and
(B) There is a change in ownership
only.
(6) Except for a
court-ordered termination or termination by order of the department, all
permittees shall notify the director in writing of the facility's termination
of operation within ninety days of the permanent termination of the operation
of a used oil facility.
(7) A
person shall not willfully alter, forge, counterfeit, or falsify a
permit.
(8) The permit filing fee
shall be subject to the following requirements:
(A) The permit filing fee for each initial
application, renewal, and modification request to DOH shall be as follows:
(i) Processor permit or collection center
permit: $250.
(ii) Processor and
transporter permit or collection center and transporter permit: $300.
(iii) Transporter permit: $50.
(B) There shall be no fee for
permit modifications made at the director's initiative.
(C) The permit filing fee will not be
refunded nor applied to any subsequent application.
(D) Fees shall be made payable to the State
of Hawaii.
(e)
Application for processors/re-refiners.
(1)
All applications for a processing/re-refining permit shall comply with
subsection (c).
(2) An application
for processing/re-refining shall also include but is not limited to an
operations manual. The manual shall include:
(A) A general description of the facility.
This shall include, at a minimum, the name of the owner and operator, location,
site information, and plot and site location plans;
(B) A description of the operations of the
facility. This section shall include, at a minimum, a one-line process flow
diagram, design parameters, operational units and procedures, and storage
areas;
(C) A control plan for the
facility. This shall describe access to the facility, drainage systems, and
fire, vector, odor, and dust controls;
(D) A sampling and analysis plan for the
facility. This shall include a procedure for analysis for constituents of
specification fuel. The constituents and allowable levels are specified in
40 C.F.R. section
279.11, as incorporated and amended in this
chapter;
(E) A description of the
reporting and recordkeeping procedures for the facility that meets the
requirements of section
11-279.1-13; and
(F) A closure plan to ensure that closure
will comply with 40 C.F.R.
section 279.54(h), as
incorporated and amended in this chapter.
(f) Application for transporters.
(1) All applications for a transportation
permit shall comply with subsection (c).
(2) The following shall be submitted:
(A) A site plan of appropriate
scale;
(B) An operations narrative
describing the proposed activity;
(C) A plan describing suitable means to
prevent and control fires, spills, releases, and stormwater runoff;
and
(D) An emergency response
plan.
(g)
Application for collection centers.
(1) All
applications for a collection center permit shall comply with subsection
(c).
(2) The following shall be
submitted:
(A) A site plan of appropriate
scale;
(B) An operations narrative
describing the proposed activity;
(C) A plan describing suitable means to
prevent and control fires, spills, releases, and stormwater runoff;
and
(D) An emergency response
plan.
(h) Any
person who violates any provision of this section shall be subject to the
penalties provided in chapter 342J, HRS.
Notes
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