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 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 section
					 11-270-30 ), receives a request
					 for revocation and reissuance under section
					 11-271-5 or conducts a review of
					 the permit file), he or she may determine whether one or more of the causes
					 listed in subsections (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 subsection (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 paragraph
					 11-271-5(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 section
					 11-270-42. Otherwise, a draft
					 permit must be prepared and other procedures in chapter 11-271 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 subsection 11-270-50(d),
				  the director shall modify the permit as necessary to assure that the facility
				  continues to comply with the currently applicable requirements in chapters
				  11-271, 11-260 through 11-266, and 11-270.