Haw. Code R. § 11-58.1-12

Current through November, 2024
Section 11-58.1-12 - Municipal solid waste landfills - permit requirements
(a) All municipal solid waste landfills (MSWLF) require a permit and shall comply with the requirements of section 11-58.1-04.
(b) Permit notification. The director shall ensure that the public receives notice of each application for a new municipal solid waste landfill permit or any application for modification or renewal of an existing permit through the public notification process. Procedures for the circulation of public notices shall include at least the following:
(1) Notice shall be circulated within the geographical areas of the proposed disposal or other proposed activity; such circulation shall include publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
(2) Notice shall be mailed to any person or group upon request.
(3) The director shall add the name of any person or group upon request to a mailing list to receive copies of notices for all variance applications within the State or within a certain geographical area.
(4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written reviews with respect to the application and the tentative determinations of the department, if any. The period for comment may be extended at the discretion of the director.
(5) The contents of public notice shall include at least the following:
(A) Name, address, and phone number of agency issuing the public notice;
(B) Name and address of each applicant;
(C) Brief description of each applicant's activities or operations which result in the disposal or other activity described in the application;
(D) A short description of the location of each disposal or activity indicating whether such disposal or activity is new or existing;
(E) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by paragraph (4) and any other means by which interested persons may influence or comment upon those determinations; and
(F) Address and phone number of state agency premises at which interested persons may obtain further information and inspect a copy of the variance applications and supporting and related documents.
(6) Public hearings. The director may hold a public hearing if, after reviewing the comments submitted under paragraph (4) , the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed disposal or other proposed activity, or other appropriate area, at the discretion of the director.

Haw. Code R. § 11-58.1-12

[Eff JAN 13 1994] (Auth: HRS §§ 342H-53, 342H-54, 342H-55)