Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-26 - Disposition of a request for variance or exemption
Current through February, 2024
(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 appropriate, the period of time for which the variance will be effective or the termination date of the exemption.
(c) For a variance specified in section 11-20-20(a)(1) or an exemption, the director shall propose a schedule for:
(d) The proposed schedule for compliance shall contain such conditions as the director may prescribe and shall specify dates by which steps towards compliance are to be taken, including, where applicable:
(e) The proposed schedule for compliance for a variance specified in section 11-20-20(a)(1) may, if the public water system has no access to an alternative raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the director.
(f) The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met.
(g) The schedule shall be prescribed by the director within one year after the granting of the variance or exemption, subsequent to provision of opportunity for hearing pursuant to section 11-20-27.
(h) The director may prescribe reasonable conditions as part of any variance or exemption.