Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING
Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS
Section 11-271-14 - Reopening of the public comment period
Universal Citation: HI Admin Rules 11-271-14
Current through February, 2024
(a)
(1) The director may order the public comment
period reopened if the procedures of this subsection could expedite the
decisionmaking process. When the public comment period is reopened under this
subsection, all persons, including applicants, who believe any condition of a
draft permit is inappropriate or that the director's tentative decision to deny
an application, terminate a permit, or prepare a draft permit is inappropriate,
must submit all reasonably available factual grounds supporting their position,
including all supporting materials, by a date, not less than sixty days after
public notice under paragraph (a)(2), set by the director. Thereafter, any
person may file a written response to the material filed by any other person,
by a date, not less than twenty days after the date set for filing of the
material, set by the director.
(2)
Public notice of any comment period under this subsection shall identify the
issues to which the requirements of subsection (a) shall apply.
(3) On his own motion or on the request of
any person, the director may direct that the requirements of paragraph (a)(1)
shall apply during the initial comment period where it reasonably appears that
issuance of the permit will be contested and that applying the requirements of
paragraph (a)(1) will substantially expedite the decisionmaking process. The
notice of the draft permit shall state whenever this has been done.
(4) A comment period of longer than sixty
days will often be necessary in complicated proceedings to give commenters a
reasonable opportunity to comply with the requirements of this section.
Commenters may request longer comment periods and they shall be granted under
section 11-271-10 to the extent they appear necessary.
(b) If any data information or arguments submitted during the public comment period, including information or arguments required under section 11-271-13, appear to raise substantial new questions concerning a permit, the director may take one or more of the following actions:
(1) Prepare a new draft permit,
appropriately modified, under section 11-271-6;
(2) Prepare a revised statement of basis
under section 11-271-7, a fact sheet or revised fact sheet under section
11-271-8 and reopen the comment period under section 11-271-14; or
(3) Reopen or extend the comment period under
section 11-271-10 to give interested persons an opportunity to comment on the
information or arguments submitted.
(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under section 11-271-10 shall define the scope of the reopening.
(d) [Reserved]
(e) Public notice of any of the above actions shall be issued under section 11-271-10.
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