(a) An application for any permit required under this chapter shall be in a form prescribed by the director.
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Terms Used In Hawaii Revised Statutes 342F-4
- Department: means the department of health. See Hawaii Revised Statutes 342F-1
- Director: means the director of health. See Hawaii Revised Statutes 342F-1
- Permit: means written authorization from the director to construct, modify, or operate any excessive noise source. See Hawaii Revised Statutes 342F-1
- Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342F-1
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;
(3) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted emission; or
(4) Such is in the public interest.
In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects which cannot be avioded should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.
(d) Except for applications for which the director deems a public informational meeting, hearing, or notice is appropriate, the director shall act on an application for the issuance of a permit or an application by a permit holder for the modification or renewal thereof within thirty days of the receipt of a properly completed application.
For applications for which the director deems a public informational meeting, hearing, or notice is appropriate, the director shall act on the application within ninety days of the receipt of a properly completed application.
If the director determines that extraordinary circumstances exist on an application, the director shall extend the ninety-day period up to an additional ninety days.
(e) No applicant for a modification or renewal of a permit shall be held in violation of this chapter during the pendency of the applicant’s application provided that the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as a part thereof.
