Section 11-60.1-10 - Permit termination, suspension, reopening, and amendment(a) The director, at the director's sole discretion or on the petition of any person, may terminate, suspend, reopen, or amend any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, HRS, the director determines that: (1) The permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit;(2) Permit action is required to assure compliance with the requirements of the Act; chapter 342B, HRS; and this chapter;(3) Permit action is required to address additional requirements of the Act; chapter 342B, HRS; and this chapter;(4) There is a violation of any condition of the permit;(5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;(6) The source is constructed or operated not in accordance with the application for the noncovered or covered source permit and any information submitted as part of the application;(7) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;(8) More frequent monitoring or reporting by the permittee is required; or(9) Such is in the public interest, as determined pursuant to section 342B-27, HRS.(b) The provisions of this section are supplemental to the provisions of sections 11-60.1-72 and 11-60.1-98.Haw. Code R. § 11-60.1-10
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416)Historical note: § 11-60.1-10 is based substantially upon § 11-60-53. [Eff 11/29/82; am, ren § 11-60-53 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]