HAR §11-280.1-329

HAR §11-280.1-329. Modification of permit

Last amended: 2021Length: 541 wordsOfficial source

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)
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