HAR §11-46-8. Variances

(a) Applicability. In accordance with section 342F-5, HRS, the director may grant, renew, modify, suspend, revoke, or deny variances to operate any excessive noise source which 46-14 1969 §11-46-8 emits or may emit noise levels in excess of the maximum permissible sound levels specified in Table 1, Maximum permissible sound levels in dBA, of section 11-46-4(a), and which use or operation does not conform to the requirements of section 11-46-7, or other applicable provisions of this chapter. (b) No variance, modification, or renewal shall be granted by the director unless the application and the supporting information clearly show that: (1) The continuation of the function or operation involved in the emission occurring or proposed to occur by the granting of the variance is in the public interest, as defined in section 11-46-7(c); (2) The emission occurring or proposed to occur does not substantially endanger human health or safety; and (3) Compliance with the provisions of this chapter from which the variance is sought would produce serious hardship without equal or greater benefits to the public. (c) Application for variance, modification, or renewal. (1) Every application shall be submitted on forms furnished by the director. (2) Every application shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards, and such other information as the director may by rule prescribe. (3) Every application shall be reviewed in light of the descriptions, statements, plans, histories, and other supporting information submitted with the application; any additional information as may be submitted upon the request of the director; and the effect or probable effect upon the maximum permissible sound levels established pursuant to this chapter. (4) The applicant shall submit sufficient information to enable the director to make a decision on the application. Subject to the request of the director, every application for variance may include the following information: 46-15 1969 §11-46-8 (A) Applicant identification; (B) Type and purpose of activity, including a brief description of the applicant's activity which results in the proposed emission; (C) Location and time of activity; (D) A list of vehicles, construction or agricultural equipment, tools, and any devices; (E) Estimated duration and schedule of activity; (F) Plans and procedures for the attenuation of noise emission from noise sources to minimize excessive noise levels; (G) Description of the immediate impact area; (H) Any adverse environmental effects which cannot be avoided; (I) Description of alternatives to the proposed activity; (J) Discussion of the relationship between short-term use of the environment and the maintenance and enhancement of long-term productivity; (K) Discussion of any irreversible and irretrievable commitments of resources which would be involved in the proposed activity; (L) Disclosure of any possible impact from noise created by any proposed nighttime activity which may affect the immediate surrounding; (M) Plans for notification of the people in the surrounding area of planned nighttime activities; and (N) Such other information as the director may request. (5) The director shall not act upon or consider any incomplete application for variance, modification or renewal. An application shall be deemed complete only when all required and requested information, including the application form, plans, schedules, specifications, and other information have been timely submitted. (6) Every application shall be signed by the 46-16 1969