Current through November, 2024
Section 11-124.3 - Application for a permit(a)(1) Any person who requires a permit under 40 C.F.R. section 270.1, as incorporated and amended in section 11-270.1-1, shall complete, sign, and submit to the director an application. Applications are not required for RCRA permits by rule (40 C.F.R. section 270.60, as incorporated and amended in section 11-270.1-1).(2) The director shall not begin the processing of a permit until the application has fully complied with the application requirements. See 40 C.F.R. sections 270.10 and 270.13, as incorporated and amended in section 11-270.1-1.(3) Permit applications must comply with the signature and certification requirements of 40 C.F.R. section 270.11, as incorporated and amended in section 11-270.1-1.(c) The director shall review for completeness every application for a permit. Each application for a permit submitted by a new HWM facility should be reviewed for completeness by the director within 30 days of its receipt. Each application for a permit submitted by an existing HWM facility (both Parts A and B of the application) should be reviewed for completeness within 60 days of receipt. Upon completing the review, the director shall notify the applicant in writing whether the application is complete. If the application is incomplete, the director shall list the information necessary to make the application complete. When the application is for an existing HWM facility the director shall specify in the notice of deficiency a date for submitting the necessary information. The director shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the director may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision including RCRA section 3008 and section 342J-7, HRS.(e) If the director decides that a site visit is necessary for any reason in conjunction with the processing of an application, he or she shall notify the applicant and a date shall be scheduled.(f) The effective date of an application is the date on which the director notifies the applicant that the application is complete as provided in paragraph (c) of this section.(g) For each application from a major new HWM facility, the director shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the director intends to:(1) Prepare a draft permit;(3) Complete the public comment period, including any public hearing; and(4) Issue a final permit.[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35)