Section 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.[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §124.5 )