HAR §11-280.1-329
HAR §11-280.1-329. Modification of permit
Cite as Haw. Code R. § 11-280.1-329
(a)
The
director may modify a permit if there is a change that
requires a modification to an existing permit.
Changes requiring a permit modification shall include
but not be limited to:
(1)
The addition or removal of an UST from an
UST system; and
(2)
Any change to or modification of an UST or
UST system which would otherwise place the
existing UST or UST system out of compliance
with this chapter or an existing permit.
(b)
An application for modification of a permit
280.1-213
3 5 8 4
§11-280.1-329
shall be made in writing to the department and shall
be accompanied by sufficient information on the
planned renovation or modification to the UST or tank
system to assist the director in making a
determination as to whether the application for
modification should be denied or granted.
(c)
Applications for a permit modification shall
be received by the department no later than sixty days
prior to the occurrence of the event that prompted the
application except that applications for change-in
service must be received by the department at least
thirty days before the owner or operator begins the
change-in-service.
Applications shall be submitted on
the "Application for an Underground Storage Tank
Permit" form prescribed by the director.
(d)
Owners and operators shall submit a permit
application to add USTs or tank systems to an existing
permit.
If the director approves the addition, the
existing permit shall be terminated, and a new permit
shall be issued which covers the additional USTs as
well as the already-permitted USTs.
The term of the
new permit shall be for the remaining term of the
original permit.
[Eff 7/15/18; comp 1/17/20; comp
7/8/21; comp
MAR212025
]
(Auth:
HRS
§342L-3) (Imp:
HRS §§342L-4, 342L-31)
§11-280.1-330
Revocation or suspension of
permit.
The director may revoke or suspend a permit
if the director finds any one of the following:
(1)
There is a release or threatened release of
regulated substances that the department
deems to pose an imminent and substantial
risk to human health or the environment;
(2)
The permittee violated a condition of the
permit; or
(3)
The permit was obtained by
misrepresentation, or failure to disclose
fully all relevant facts.
[Eff 7 /15/18;
comp 1/17/20; comp 7/8/21; comp MAR 212025
]
(Auth:
HRS §342L-3)
(Imp:
280.1-214
v 5 8 4
1
§11-280.1-333
HRS §§342L-4, 342L-31)
§11-280.1-331
Change in owner or operator for a
permit.
(a)
No permit to install, own, or operate an
UST or tank system shall be transferable unless
approved by the department.
An application to
transfer a permit from one owner to another owner must
be signed by both the current owner and the
prospective new owner.
An application to transfer a
permit from one operator to another operator must be
made by the owner.
(b)
The transferred permit will be effective for
the remaining life of the original permit.
(c)
An application for the transfer shall be
received by the department at least thirty days prior
to the proposed effective date of the transfer and
shall be submitted on the "Application for Transfer of
an Underground Storage Tank Permit" form prescribed by
the director.
[Eff 7/15/18; comp 1/17/20; am and comp
7/8/21; comp
MAR212025
]
(Auth:
HRS§342L-3)
(Imp:
HRS §§342L-4, 342L-30, 342L-31)