Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart B - Specific Procedures Applicable to RCRA Permits › Section 11-124.31 - Pre-application public meeting and notice

Current through June, 2024
(a) Applicability.
					 The requirements of this section shall apply to all RCRA part B applications
					 seeking initial permits for hazardous waste management units. The requirements
					 of this section shall also apply to RCRA part B applications seeking renewal of
					 permits for such units, where the renewal application is proposing a
					 significant change in facility operations. For the purposes of this section, a
					 "significant change" is any change that would qualify as a class 3 permit
					 modification under
					 40 C.F.R.
					 section 270.42, as incorporated and amended
					 in section 11-270.1-1. The requirements of this section do not apply to permit
					 modifications under
					 40 C.F.R.
					 section 270.42, as incorporated and amended
					 in section 11-270.1-1, or to applications that are submitted for the sole
					 purpose of conducting post-closure activities or post-closure activities and
					 corrective action at a facility.
(b) Prior to the submission of a part B RCRA
					 permit application for a facility the applicant must hold at least one meeting
					 with the public in order to solicit questions from the community and inform the
					 community of proposed hazardous waste management activities. The applicant
					 shall post a sign-in sheet or otherwise provide a voluntary opportunity for
					 attendees to provide their names and addresses.
(c) The applicant shall submit a summary of
					 the meeting, along with the list of attendees and their addresses developed
					 under paragraph (b) of this section, and copies of any written comments or
					 materials submitted at the meeting, to the permitting agency as a part of the
					 part B application, in accordance with
					 40 CFR
					 270.14(b).
(d) The applicant must provide public notice
					 of the pre-application meeting at least 30 days prior to the meeting. The
					 applicant must maintain, and provide to the permitting agency upon request,
					 documentation of the notice.
(1) The applicant
					 shall provide public notice in all of the following forms:
(i) A newspaper advertisement. The applicant
					 shall publish a notice, fulfilling the requirements in paragraph (d)(2) of this
					 section, in a newspaper of general circulation in the county or equivalent
					 jurisdiction that hosts the proposed location of the facility. In addition, the
					 Director shall instruct the applicant to publish the notice in newspapers of
					 general circulation in adjacent counties or equivalent jurisdictions, where the
					 Director determines that such publication is necessary to inform the affected
					 public. The notice must be published as a display advertisement.
(ii) A visible and accessible sign. The
					 applicant shall post a notice on a clearly marked sign at or near the facility,
					 fulfilling the requirements in paragraph (d)(2) of this section. If the
					 applicant places the sign on the facility property, then the sign must be large
					 enough to be readable from the nearest point where the public would pass by the
					 site.
(iii) A broadcast media
					 announcement. The applicant shall broadcast a notice, fulfilling the
					 requirements in paragraph (d)(2) of this section, at least once on at least one
					 local radio station or television station. The applicant may employ another
					 medium with prior approval of the Director.
(iv) A notice to the permitting agency. The
					 applicant shall send a copy of the newspaper notice to the permitting agency
					 and to the appropriate units of State and local government, in accordance with
					 § 124.10(c)(1)(x).