§342J-30 - Prohibition. - Hawaii Statutes

PART III.  HAZARDOUS WASTE CONTROL

 

     §342J-30  Prohibition.  (a)  No person, including any federal agency, the State, or any of its political subdivisions, shall own, operate, or construct a hazardous waste management facility without first securing a permit issued by the director.  In addition, no person shall treat, store or dispose of hazardous waste at an unpermitted hazardous waste management facility, unless otherwise permitted by law.

     (b)  Any person who:

     (1)  Owns or operates a facility required to have a permit under this section which was in existence on November 19, 1980, or was in existence on the effective date of statutory or regulatory changes under RCRA that were made prior to the effective date of the first rules adopted under this chapter, and that rendered the facility subject to the requirement to have an RCRA permit, or is in existence on the effective date of statutory or regulatory changes under this chapter that are made after the effective date of the first rules adopted under this chapter and that render the facility subject to the requirement to have a permit under this section;

     (2)  Has complied with the requirements of section 3010(a) of RCRA, 42 United States Code §6930(a), or section 342J-6.5; and

     (3)  Has made an application for a permit under section 3005 of RCRA, 42 United States Code §6925, or section 342J-5;

shall be treated as having been issued a permit until final administrative disposition of an application has been made unless the director proves that final administrative disposition of the application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process that application.  The facilities shall be deemed to have interim status.  This subsection shall not apply to any facility which has been previously denied a permit under section 3005 of RCRA, 42 United States Code §6925 or section 342J-5 or if authority to operate the facility under section 3005 of RCRA, 42 United States Code §6925 or this section has been previously terminated.

     (c)  The director shall have the authority to publish schedules for the submission of permit applications and other information reasonably required and or requested in order to process that application.  Failure to comply with such schedules shall be a basis for automatic termination of interim status. [L 1989, c 212, pt of §5; am L 1991, c 259, §14; am L 1992, c 154, §1; am L 1993, c 267, §2]