Section 11-270.70 - Qualifying for interim status(a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under chapter 342J, HRS that render the facility subject to the requirement to have a RCRA permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has: (1) Complied with the requirements of section 3010(a) of RCRA or section 342J-6.5, HRS, pertaining to notification of hazardous waste activity. [Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.]
(2) Complied with the requirements of § 270.10 governing submission of part A applications;(b) Failure to qualify for interim status. If [the] state department of health has reason to believe upon examination of a part A application that it fails to meet the requirements of § 270.13, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for [the] state department of health's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his part A application. If, after such notification and opportunity for response, [the] state department of health determines that the application is deficient it may take appropriate enforcement action against the owner and/or operator of the facility, including, but not limited to, an enforcement action for operation of a facility without a permit or interim status.(c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a RCRA permit or if authority to operate the facility under RCRA has been previously terminated.Haw. Code R. §§ 11-270.70
[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35)