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 D - Changes to Permit › Section 11-270.41 - Modification or revocation and reissuance of permits

Current through June, 2024
When the Director receives any information (for example,
						inspects the facility, receives information submitted by the permittee as
						required in the permit (see § 270.30), receives a request for revocation
						and reissuance under § 124.5 or conducts a review of the permit file), he
						or she may determine whether one or more of the causes listed in paragraphs (a)
						and (b) of this section for modification, or revocation and reissuance or both
						exist. If cause exists, the Director may modify or revoke and reissue the
						permit accordingly, subject to the limitations of paragraph (c) of this
						section, and may request an updated application if necessary. When a permit is
						modified, only the conditions subject to modification are reopened. If a permit
						is revoked and reissued, the entire permit is reopened and subject to revision
						and the permit is reissued for a new term. (See
						40
						CFR 124.5(c)(2).) If cause
						does not exist under this section, the Director shall not modify or revoke and
						reissue the permit, except on request of the permittee. If a permit
						modification is requested by the permittee, the Director shall approve or deny
						the request according to the procedures of § 270.42. Otherwise, a draft
						permit must be prepared and other procedures in chapter
						11-271.1 followed.
(a) Causes for modification. The following
					 are causes for modification, but not revocation and reissuance, of permits; the
					 following may be causes for revocation and reissuance, as well as modification,
					 when the permittee requests or agrees.
(1)
					 Alterations. There are material and substantial alterations or additions to the
					 permitted facility or activity which occurred after permit issuance which
					 justify the application of permit conditions that are different or absent in
					 the existing permit.
(2) 
					 Information. The Director has received information. Permits may be modified
					 during their terms for this cause only if the information was not available at
					 the time of permit issuance (other than revised regulations, guidance, or test
					 methods) and would have justified the application of different permit
					 conditions at the time of issuance.
(3) New statutory requirements or
					 regulations. The standards or regulations on which the permit was based have
					 been changed by statute, through promulgation of new or amended standards or
					 regulations, or by judicial decision after the permit was issued.
(4) Compliance schedules. The Director
					 determines good cause exists for modification of a compliance schedule, such as
					 an act of God, strike, flood, or materials shortage or other events over which
					 the permittee has little or no control and for which there is no reasonably
					 available remedy.
(5)
					 Notwithstanding any other provision in this section, when a permit for a land
					 disposal facility is reviewed by the Director under § 270.50(d), the
					 Director shall modify the permit as necessary to assure that the facility
					 continues to comply with the currently applicable requirements in parts 124,
					 260 through 266, and 270.