Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart C - Permit Conditions › Section 11-270.30 - Conditions applicable to all permits

Current through June, 2024
The following conditions apply to all RCRA permits, and
						shall be incorporated into the permits either expressly or by reference. If
						incorporated by reference, a specific citation to these regulations (or the
						corresponding approved State regulations) 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 § 270.61). Any
					 permit noncompliance, except under the terms of an emergency permit,
					 constitutes a violation of the appropriate Act 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 RCRA, any substances or parameters at any
					 location.