Section 11-58.1-04 - Permit systems(a) Requirement. It shall be unlawful for any person to establish, modify, or operate any solid waste management facility or a part thereof or any extension or addition thereto without a permit issued in accordance with this chapter, Hawaii Revised Statutes, chapter 342H, and the integrated solid waste management plan for the State of Hawaii.(b) Exemptions. The following are exempted from the requirements of subsection (a). But these exemptions do not apply to facilities regulated by 40 CFR 258. (1) A single family or duplex residential property reusing by composting only green or vegetative solid wastes generated on its premises.(2) A solid waste disposal facility on which the agricultural solid waste from the operation or from its products processing facility is disposed. This exemption does not include equipment and materials such as pesticides and fertilizers used in the operation of the farm. It also excludes land not used for agricultural purposes.(3) A landfill site which is used only by the owner or person in control of the premises to landfill less than one hundred fifty tons per year of soil, rock, concrete, or other nondecomposable and/or uncontaminated inert materials generated on the site.(4) Incinerator facilities having a total rated capacity of less than one ton per hour.(5) Minor sources as determined by the director.(c) Application for permit. (1) Application for a permit shall be completed on forms furnished by the director and shall be accompanied by the following for approval: (A) Detailed plans and specifications for the facility.(B) Certification of compliance with local ordinances and zoning requirements including the recording of its disposal facility with the bureau of conveyances.(C) An operations report detailing the proposed method of operation, population, and area to be served, the characteristics, quantity, and source of material to be processed, the use and distribution of processed materials, method of processed residue disposal, emergency operating procedures, and the type and amount of equipment to be provided and the proposed ultimate use of the land.(D) Other specific requirements as stated for each facility.(2) Each application shall contain the original signature of the owner and applicant and shall constitute an acknowledgement that the applicant will assume responsibility for the construction or modification and operation of the facility in accordance with these rules and regulations. If the applicant is a partnership or group other than a corporation or a county, the application shall be made by one individual who is a member of the group. If the applicant is a corporation or a county, the application shall be made by an officer of the corporation, general manager of the facility, or an authorized representative of the county.(3) The failure of the director to act on a complete application for the issuance of a permit or an application by a permit holder for the modification or renewal thereof within one hundred eighty days of the receipt of such application, except for all federally delegated permit programs and federally approved programs, shall be deemed a grant of such application; provided that the applicant acts consistently with the application and all plans, specifications, and other information submitted as a part thereof and shall notify the department a minimum of fifteen days before the start up of operation.(4) The director shall evaluate the applicant's response to the department's request for more information and shall notify the applicant in writing of the director's final approval or intent to deny the application. No application for a permit shall be denied unless the applicant has had an opportunity for a hearing by the director in accordance with chapter 91, Hawaii Revised Statutes.(5) The director shall approve an application for a permit if the application and the supporting information clearly show that the issuance thereof is in the public interest and that the solid waste facility is designed, built, and equipped in accordance with the best practicable technology so as to operate without causing a violation of applicable rules and regulations.(6) The director issues a permit conditioned upon compliance with established requirements. (A) Commencement of work under such an authority by the applicant shall be deemed as acceptance of all conditions so specified.(B) The director may require the applicant to provide such facilities as are necessary for sampling and testing to determine the degree of pollution from the solid waste facility.(d) Modification, suspension, or revocation. The director may, on the director's own motion or the application of any person, modify, suspend, or revoke a permit if, after affording the applicant a hearing in accordance with chapter 91, Hawaii Revised Statutes, the director determines that any condition of the permit has been violated or any rule of the department has been violated or any provision of chapter 342H, Hawaii Revised Statutes, has been violated or that such is in the public interest. Modification, suspension, or revocation of a permit shall become final ten days after service of notice of the final decision to modify, suspend, or revoke, on the holder of the permit.(e) Duration, transfer and termination. (1) Duration of permit. 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.(2) Transfer of permit. A permit shall not be transferrable without the written approval of the director.(3) Reporting termination. Within ninety days of the permanent termination of the operation of a solid waste facility, the facility's permittee shall notify the director in writing of the facility's termination of operation.(f) Posting. A permittee shall at all times post its permit in a conspicuous place at or near the solid waste disposal facility for which the permit was issued.(g) Falsifying or altering permit. A person shall not willfully deface, alter, forge, counterfeit, or falsify a permit.(h) Filing fees: (1) Every applicant for a permit shall pay a filing fee in accordance with the following fee schedule: (A) Solid waste disposal facilities (i) Landfills Greater than twenty tons/day..........$1,000
Less than twenty tons/day............. 250
(ii) Incinerators Greater than twenty tons/day.......... 1, 000
Less than twenty tons/day............. 250
(B) Solid waste storage, handling and processing facilities (i) Transfer stations Less than one hundred tons/day......... 100
Over one hundred tons/day............ 250
(ii) Recycling and materials recovery facilities............................. 50(iii) Salvage facilities..................... 50(C) Solid waste reclamation facilities (i) Composting............................. 50(ii) Remediation............................ 250(D) Special wastes (i) Special wastes......................... 500(ii) Medical wastes......................... 100(iii) Foreign wastes......................... 100(iv) Other non-specific technology.......... 300(E) Others (i) Permit by rule......................... 25 (To be submitted with the letter of notification)
This filing fee shall be submitted with the application and shall not be refunded nor applied to any subsequent application following final action of cancellation or denial of an application.
(2) Fees shall be made payable to the State of Hawaii.(3) A request for a duplicate permit shall be made in writing to the director within ten days after the destruction, loss, or defacement of a permit. A fee of $50 shall be charged and submitted with the request. (i) Permit by rule for certain solid waste handling and disposal facilities of limited impact. (1) Permit by rule: Notwithstanding any other provision of these rules, the convenience centers, composting facilities handling not more than three thousand tons per year of green wastes, clearing and grubbing landfills, certain agricultural landfills, and recycling drop-off facilities shall be deemed to have a solid waste handling and disposal permit if the following conditions are met: (A) Notification. At least thirty days prior to commencing solid waste handling activities which are covered under a permit by rule, written notification of such activity must be made to the director. Written notification shall be made on such forms as are provided by the director. Persons failing to notify the director of such activities shall be deemed to be operating without a permit.(B) General conditions of every facility. (i) No regulated hazardous waste in accordance with 40 CFR Part 261 may be collected, transported, or disposed at any of the facilities.(ii) Nuisance control. Suitable means shall be employed to prevent solid wastes from scattering; control of litter, odors and vectors such as rodents and insects.(iii) Suitable means shall be provided to prevent and control fires, including an emergency response plan when appropriate.(iv) It is the responsibility of the owner and/or operator to comply with all the local rules, regulations, and ordinances, and the director may add additional conditions deemed appropriate.(v) Each facility shall be supervised, secured, and have a permanent sign identifying the facility, hours and days of operation, materials accepted or not accepted, the owner and/or operator, a person to contact, and other pertinent information.(vi) An annual report shall be prepared and submitted to the director.(C) Convenience centers. (i) Only household and/or residential solid waste will be accepted.(ii) Car batteries and waste oil may be collected at the convenience centers but must be collected and stored in a safe and orderly manner.(D) Green wastes (landscape waste) composting facilities. (i) Composting facilities accepting only green waste, less than three thousand tons per year, are permitted by rule unless exempted.(ii) The finished compost must be sufficiently stable that it can be stored or applied on land without producing a nuisance.(iii) An annual report shall be prepared and submitted to the department, reporting the tonnage of green waste accepted, the composted tonnage produced, and residual disposed.(iv) The department reserves the right to add additional requirements.(E) Land clearing, grubbing, and certain agricultural landfills and inert waste landfills. (i) All persons exempted under section 11-58.1-4(b)(3) and landfilling more than one hundred and fifty tons per year shall be permitted by rule.(ii) Only waste that will not or is not likely to produce leachate of environmental concerns shall be disposed of in the landfill. Acceptable materials for disposal in the land clearing, grubbing, and certain agricultural landfill are earth and earth-like products, and land clearing debris such as stumps, limbs and leaves. Acceptable materials for disposal in the inert waste landfill are earth and earth-like products, concrete, cured asphalt, rocks, and bricks.(iii) Materials placed in the landfill shall be generated on site and spread in layers and compacted to the smallest practicable volume.(iv) Public access to the landfills shall be limited to authorized entrances which shall be closed when the site is not in operation.(v) The final cover shall consist of eighteen inches of earthen material to minimize infiltration and six inches of earthen material to minimize erosion or as approved by the director. A vegetative cover shall be placed over the final lift, not later than one month following final placement of waste within that lift. The vegetative cover must be maintained a minimum of a year after the closure of the landfill.(vi) A written notice of final closure must be provided to the director within one hundred eighty days of receiving the final load of material. Any site not receiving waste for in excess of one hundred eighty days shall be deemed abandoned and in violation of these rules unless properly closed. Notice of closure must include the date of final material receipt and an accurate legal description of the boundaries of the landfill.(vii) A permanent notation of the landfill location shall be added at the bureau of conveyances to the facility property and on any other instrument that would normally be examined during the title search and note any land use restrictions from the closure plans. The notation shall notify any potential purchaser of the property that the area has been used for land clearing and grubbing and agricultural solid waste landfills.(viii) All other applicable federal, state, and local laws, rules, and ordinances, including erosion and sediment control, and any applicable federal wetlands permits, must be fully complied with prior to commencement of landfilling operations.(F) Recycling drop-off and processing facilities. (i) An annual report shall be prepared and submitted to the department, reporting the amounts and types of recyclable materials or scrap metals received and distributed by weight. The report is due on July 31 of each year for the preceding fiscal year.(ii) Scavenging at the facility by the general public is prohibited.(iii) Recycling processing facilities utilizing single source separated material for reuse. The single source separated items are, but not limited to: cardboard, newspaper print, office paper, glass, aluminum containers, plastics, tires, and non-ferrous scrap metals.Haw. Code R. § 11-58.1-04
[Eff JAN 13 1994] (Auth: HRS §§ 342G-28, 342H-3, 342H-4, 342H-13, 342H-55, 342N-3, 342N-12, 342N-31)