Hawaii Variance from Pollution Control (18-HI-d)
Variance from Pollution Control Process
18-HI-d.1 – Application for Variance
18-HI-d.2 to 18-HI-d.3 – Is the application complete
Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards, and such other information as the department may by rule prescribe.
18-HI-d.4 – Publish Notice of Public Hearing
The Wastewater Branch will publish notice of the application prior to holding a public hearing.
18-HI-d.5 - Public Comments
The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written reviews with respect to the variance application and the tentative determinations of the department, if any. The period for comment may be extended at the discretion of the director
18-HI-d.6 – Public Hearing
The director may hold a public hearing if, after reviewing the comments submitted the director determines that a public hearing is warranted. Any hearing brought will be held in the geographical area of the proposed discharge or other proposed activity, or other appropriate area, at the discretion of the director.
18-HI-d.7 - Application Approval
Each application for a variance shall be reviewed in light of the descriptions, statements, plans, histories, and other supporting information submitted with the application, such additional information as may be submitted upon the request of the department, and the effect or probable effect upon the water quality standards established pursuant to this chapter.
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