HAR §11-20-25. Consideration of an exemption request

In the director's consideration of whether the public water system is unable to comply due to compelling factors, the director shall consider such factors as the director determines to be relevant, including the following: (1) Construction, installation, or modification of treatment equipment or public water systems; (2) The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance; and (3) Economic feasibility of compliance. [Eff 12/26/81; am and comp 3/7/92; am and comp 1/2/93; comp 12/15/94; comp 10/13/97; comp 9/7/99; comp 11/30/02; am and comp 12/16/05; comp 11/28/11; comp 5/2/14; comp ] (Auth: HRS §§340E-9; 340E-9) (Imp: HRS §§340E-2, 340E-3, 340E-9; 42 U.S.C. §§300g-1, 300g-2, 300g-5; 40 C.F.R. Parts 141, 142, §141.4, §142.10, §142.20) §11-20-26 Disposition of a request for variance or exemption. (a) If the director determines that a request for a variance or exemption is inadequate or incomplete, the director may deny the request. If the director fails to act on a variance or exemption request within one hundred eighty days after the request is submitted, the request will be deemed to be granted. (b) If the director proposes to grant a variance or exemption request submitted pursuant to section 11-20-21 or 11-20-24, respectively, the director shall notify the applicant of the director's decision in writing. Such notice shall identify the variance or exemption, the facility covered, and shall specify, as 20-130 D 376 - 1