Current through February, 2024
(a) Applicability. In accordance with section
342F-4,
HRS, the director may grant, renew, modify, suspend, revoke, or deny permits to
operate any excessive noise source which emits or may emit noise levels in
excess of the maximum permissible sound levels specified in Table 1, Maximum
permissible sound levels in dBA, of section 11-46-4(a), which is in the public
interest, and which may be subject to such reasonable conditions as the
director may prescribe.
(b) The
following factors in granting an application for permit or an application by a
permit holder for the modification or renewal of a permit, may be considered by
the director:
(1) The best available control
technology is provided to control noise levels from the excessive noise
source;
(2) The proposed noise
emitting activity is in the public interest, as defined by subsection
(c);
(3) The services or activities
for which the permit is sought are temporary and cannot be delayed, postponed,
or rescheduled to a time period in which such services are permitted;
(4) The applicant requires additional time to
alter or modify the applicant's activity or operation to comply with this
chapter;
(5) The applicant has
disclosed any possible impact from noises created by any proposed nighttime
activity which may affect the immediate surrounding; and
(6) The applicant plans to notify the people
in the surrounding area of planned nighttime activity.
(c) In determining public interest, the
director shall consider the environmental impact of the proposed action, any
adverse environmental effects which cannot be avoided 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, any irreversible and irretrievable aommitments 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.
(1) Any determination of public interest
shall promote the optimum balance between economic development and
environmental quality.
(d) Application for permit or renewal.
(1) Every application for permit or renewal
shall be submitted on forms furnished by the director.
(2) The applicant shall submit sufficient
information to enable the director to make a decision-on all applications.
Subject to the request of the director, every application for permit or renewal
may include the following information:.
(A)
Applicant identification;
(B) Type
and purpose of activity;
(C)
Location and time of activity;
(D)
A list of vehicles, construction or agricultural equipment, tools, and any
devices;
(E) A description of the
stationary noise source, including information pertaining to the purpose of the
noise producing source including supporting facts which demonstrate that
termination of the noise source operation would constitute an unreasonable
hardship on the applicant, on the community, or on other persons;
(F) Information pertaining to other available
alternatives to replace the operation of the noise source;
(G) Estimated duration and schedule of
activity;
(H) A detailed schedule
of plans, procedures, and specifications for the attenuation of noise level
emissions from the excessive noise source;
(I) Description of the immediate impact area;
and
(J) Such other information as
the director may request.
(3) The director shall not act upon or
consider any incomplete application for permit or renewal. An application shall
be deemed complete only when all required and requested information, including
the application form, plans, schedules, specifications, and other information
have been timely submitted.
(4)
Every application shall be signed by the applicant and shall constitute an
acknowledgment and agreement that the applicant will comply with all the terms
and conditions of the permit, this chapter, and chapter 342F, HRS.
(5) The failure of the director to act on a
completed application within one hundred eighty days of the receipt of such
application, shall be deemed a grant of such application; provided' that the
applicant acts consistently with the application process.
(6) The director may require the submission
of additional information after the application has been submitted, and may
ensure that, if an application is incomplete or otherwise deficient, processing
of the application shall not be completed until such time as the applicant has
supplied all required information or otherwise corrected the
deficiency.
(e) Period
of permit.
(1) The director shall determine
the effective period of the permit, which shall be for any term not exceeding
five years.
(2) On written request,
the director may extend the period of the permit upon showing that an extension
is justified; provided in no case shall an extension be granted if the combined
term of the originally issued permit and any extension or extensions exceed
five years. Any extension or extensions shall be subject to annual fees as
provided in subsection (i).
(3) The
director, on application, may renew a permit from time to time, for any term'
not exceeding five years.
(f) Application for modification of permit.
(1) Every application for the modification of
a permit shall be submitted in writing to the director; and
(2) The director shall not act upon or
consider any incomplete request for a modification of a permit. A request for
modification of a permit shall be deemed complete only when all required and
requested information, including plans, schedules, specifications, and other
information have been timely submitted.
(g) No applicant for 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 of all plans, specifications, and
other information submitted as a part thereof,
(h) Fees.
(1) The director may establish reasonable
fees for the issuance of permits and renewals to cover the cost of granting
thereof and for the implementation and enforcement of the terms and conditions
of permits;
(2) Every applicant for
permit or renewal shall pay the applicable annual fees as provided in
subsection (i);
(3) Pees shall not
be refunded or applied to any subsequent application; and
(4) Fees shall be made payable to the State
of Hawaii.
(i) Fee
schedule. The annual fee schedule for a permit or a renewal to a permit shall
be as follows:
(1) Permit fees for
construction activities.
(A) $25 per year for
activities involving demolition, construction, extension, additions, or
renovation of a single family dwelling.
(B) $50 per year for all other activities,
including but not limited to demolition of building structures, construction of
buildings, residential subdivisions, shopping centers, bridges, reservoirs,
utilities, roadway (including improvements), and site work for subdivisions and
golf courses.
(2) Permit
fees for operation of stationary noise sources or equipment related to
agricultural and industrial activities shall be $50 per year.
(j) Specific permit restrictions
for construction activities.
(1) No permit
shall allow any construction activities which emit noise in excess of the
maximum permissible sound levels for the hours before 7:00 a.m. and after 6:00
p.m. of the same day, Monday through Friday;
(2) No permit shall allow any construction
activities which emit noise in excess of the maximum permissible sound levels
for the hours before 9:00 a.m. and after 6:00 p.m. on Saturday; and
(3) No permit shall allow any construction
activities which emit noise in excess of the maximum permissible sound levels
on Sundays and on holidays.
(k) Transfer of permit.
(1) Each permit is nontransferable either
from one location to another, from one activity to another, or from one person
to another without the written approval of the director.
(l) Suspension, revocation, or denial. The
director may suspend, revoke, or deny any permit if, after affording an
opportunity for a hearing in accordance with chapter 91, HRS, it is determined
that:
(1) There is a violation of any
condition of the permit;
(2) There
is a violation of this chapter;
(3)
There are deviations from, or there is a failure to comply with, all
information or facts contained within the permit;
(4) The permit was obtained by
misrepresentation or failure to disclose fully all relevant facts;
(5) There is a change in any condition that
requires either a temporary or permanent reduction or elimination of the
excessive noise emission; or
(6)
Such action is in the public interest.
(m) Termination of permits. The director
shall be notified, in writing, of the permanent termination of the activity for
which the permit has been granted. If such notice is not received by the
expiration date specified in the permit, the permit shall automatically
terminate and the permittee shall be divested of all rights therein.
(n) Records. The director shall keep records
of all permits and their disposition.
