Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter C - PERMIT CONDITIONS › Section 11-270-30 - Conditions applicable to all permits

Current through June, 2024
The following conditions apply to all hazardous waste
					 management permits, and shall be incorporated into the permits either expressly
					 or by reference. If incorporated by reference, a specific citation to these
					 rules must be given in the permit.
(a)
				  Duty to comply. The permittee must comply with all conditions of this permit,
				  except that the permittee need not comply with the conditions of this permit to
				  the extent and for the duration such noncompliance is authorized in an
				  emergency permit. (See section 11-270-61 ). Any permit noncompliance, except
				  under the terms of an emergency permit, constitutes a violation of chapter
				  342J, HRS and is grounds for
				  enforcement action; for permit termination, revocation and reissuance, or
				  modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes
				  to continue an activity regulated by this permit after the expiration date of
				  this permit, the permittee must apply for and obtain a new permit.
(c) Need to halt or reduce activity not a
				  defense. It shall not be a defense for a permittee in an enforcement action
				  that it would have been necessary to halt or reduce the permitted activity in
				  order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the
				  permit, the permittee shall take all reasonable steps to minimize releases to
				  the environment, and shall carry out such measures as are reasonable to prevent
				  significant adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The
				  permittee shall at all times properly operate and maintain all facilities and
				  systems of treatment and control (and related appurtenances) which are
				  installed or used by the permittee to achieve compliance with the conditions of
				  this permit. Proper operation and maintenance includes effective performance,
				  adequate funding, adequate operator staffing and training, and adequate
				  laboratory and process controls, including appropriate quality assurance
				  procedures. This provision requires the operation of back-up or auxiliary
				  facilities or similar systems only when necessary to achieve compliance with
				  the conditions of the permit.
(f)
				  Permit actions. This permit may be modified, revoked and reissued, or
				  terminated for cause. The filing of a request by the permittee for a permit
				  modification, revocation and reissuance, or termination, or a notification of
				  planned changes or anticipated noncompliance, does not stay any permit
				  condition.
(g) Property rights. The
				  permit does not convey any property rights of any sort, or any exclusive
				  privilege.
(h) Duty to provide
				  information. The permittee shall furnish to the director, within a reasonable
				  time, any relevant information which the director may request to determine
				  whether cause exists for modifying, revoking and reissuing, or terminating this
				  permit, or to determine compliance with this permit. The permittee shall also
				  furnish to the director, upon request, copies of records required to be kept by
				  this permit.
(i) Inspection and
				  entry. The permittee shall allow the director, or an authorized representative,
				  upon the presentation of credentials and other documents as may be required by
				  law to:
(1) Enter at reasonable times upon
				  the permittee's premises where a regulated facility or activity is located or
				  conducted, or where records must be kept under the conditions of this
				  permit;
(2) Have access to and
				  copy, at reasonable times, any records that must be kept under the conditions
				  of this permit;
(3) Inspect at
				  reasonable times any facilities, equipment (including monitoring and control
				  equipment), practices, or operations regulated or required under this permit;
				  and
(4) Sample or monitor at
				  reasonable times, for the purposes of assuring permit compliance or as
				  otherwise authorized by chapter 342J, HRS or the rules adopted thereunder, any
				  substances or parameters at any location.