342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department.
Terms Used In Hawaii Revised Statutes 342L-4
- Department: means the department of health. See Hawaii Revised Statutes 342L-1
- Director: means the director of health. See Hawaii Revised Statutes 342L-1
- Permit: means written authorization from the director to install or operate an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
- Person: means an individual, trust, estate, firm, joint stock company, corporation (including a government corporation), partnership, association, commission, consortium, joint venture, commercial entity, the State or a county, the United States government, federal agency, interstate body, or any other legal entity. See Hawaii Revised Statutes 342L-1
- Release: includes , but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or tank system. See Hawaii Revised Statutes 342L-1
(b) The department may require that applications for such permits shall be accompanied by plans, specifications, and such other information as it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards.
(c) The director shall issue a permit for any term, not exceeding five years, if the director determines this to be protective of human health and the environment; provided that the permit may be subject to conditions as the director may prescribe. The director, on application, shall renew a permit from time to time for a term not to exceed five years if the director determines this to be protective of human health and the environment. The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.
The director, on the director s own motion or the application of any person, may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) There is a violation of any condition of the permit;
(2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or
(3) 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.
(d) No applicant for a modification or renewal of a permit shall be held in violation of the requirement to obtain a permit during the pendency of the applicant s application so long as the applicant acts in compliance with the permit previously granted.