§11-279.1-14 - Used oil and used oil fuel permitting system.

§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. 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 342.J, HRS.

        [Eff 7/17/17; comp SEP 30 2018 ] (Auth: HRS §§342J-4, 342J-13, 342J-31, 342J-35, 342J-52) (Imp: HRS §§342J-4, 342J-9, 342J-10, 342J-31, 342J-35, 342J-52, 342J-53, 342J-54)

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