Section 11-270-10 - General application requirements(a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the director as described in this section and sections 11-270-70 through 11-270-73. Persons currently authorized with interim status shall apply for permits when required by the director. Persons covered by hazardous waste management permits by rule (section 11-270-60), need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in section 11-270-61. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in section 11-270-65.(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application.(c) Completeness. The director shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the director receives an application form and any supplemental information which are completed to his satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in subsection (j). The director may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit.(d) Information requirements. All applicants for hazardous waste management permits shall provide information set forth in section 11-270-13 and applicable provisions in sections 11-270-14 through 11-270-29 to the director, using the application form provided by the director.(e) Existing HWM facilities and interim status qualifications. (1) Owners and operators of existing hazardous waste management facilities must submit Part A of their permit application no later than: (ii) Thirty days after the date they first become subject to the standards set forth in chapter 11-265 or 11-266.(iii) For generators generating greater than one-hundred kilograms but less than one-thousand kilograms of hazardous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by the effective date of this subchapter.(3) The director may by compliance order issued under section 342J-7, HRS extend the date by which the owner and operator of an existing hazardous waste management facility must submit Part A of their permit application.(4) The owner or operator of an existing HWM facility may be required to submit Part B of their permit application. Any owner or operator shall be allowed at least six months from the date of request to submit Part B of the application. Any owner or operator of an existing HWM facility may voluntarily submit Part B of the application at any time. Notwithstanding the above, any owner or operator of an existing HWM facility must submit a Part B permit application in accordance with the dates specified in section 11-270-73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or rule amendments under chapter 342J, HRS that render the facility subject to the requirement to have a hazardous waste management permit must submit a Part B application in accordance with the dates specified in section 11-270-73.(5) Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application, is grounds for termination of interim status.(f) New HWM facilities. (1) Except as provided in paragraph (f)(3), no person shall begin physical construction of a new HWM facility without having submitted Parts A and B of the permit application and having received a finally effective hazardous waste management permit.(2) An application for a permit for a new HWM facility (including both Parts A and B) may be filed any time after promulgation of those standards in subchapter I et seq. of chapter 11-264 applicable to such facility. The application shall be filed with the director. Except as provided in paragraph (f)(3) of this section, all applications must be submitted at least one-hundred and eighty days before physical construction is expected to commence.(3) Notwithstanding paragraph (f)(1) of this section, a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Administrator under section (6)(e) of the federal Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a hazardous waste management permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under HRS chapter 342J.(g) Updating permit applications. (1) If any owner or operator of a HWM facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application: (ii) With the director, no later than the effective date of amendments to provisions in chapter 11-261 listing or designating wastes as hazardous, if the facility is treating, storing, or disposing of any of those newly listed or designated wastes; or(iii) As necessary to comply with provisions of section 11-270-72 for changes during interim status. Revised Part A applications necessary to comply with the provisions of section 11-270-72 shall be filed with the director.(2) The owner or operator of a facility who fails to comply with the updating requirements of paragraph (g)(1) of this section does not receive interim status as to the wastes not covered by duly filed Part A applications.(h) Reapplications. Any HWM facility with an effective permit shall submit a new application at least one-hundred and eighty days before the expiration date of the effective permit, unless permission for a later date has been granted by the director. (The director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under subsection 11-270-10(d), sections 11-270-13, and 11-270-14 through 11-270-21 for a period of at least three years from the date the application is signed.(j) Exposure information. (1) Any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address: (i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;(ii) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under subparagraph (j) (1) (i); and(iii) The potential magnitude and nature of the human exposure resulting from such releases.(2) Owners and operators of a landfill or a surface impoundment who have a RCRA permit or have already submitted a Part B application to EPA must submit the exposure information required in paragraph (j)(1) to the department, by the effective date of this rule, if they have not previously submitted this information to EPA.(k) The director may require a permittee or an applicant to submit information in order to establish permit conditions under paragraph 11-270-32(b)(2) and subsection 11-270-50(d).[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.10 )