REPORT TITLE: 
Used oil


DESCRIPTION:
Clarifies that public notice and hearing requirements for used
oil permits are not necessary unless the director determines
that it is in the public interest (HB2526 HD1).


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2526
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO USED OIL.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 342J-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (b) and (c) to read as follows:
 
 3      "(b)  The director may require that applications for such
 
 4 permits shall be accompanied by plans, specifications, and [such
 
 5 other] information as [[]the director[]] deems necessary [in
 
 6 order] for [[]the director[]] to determine whether the proposed
 
 7 or existing hazardous waste management facility will be in
 
 8 compliance with applicable rules and standards.
 
 9      (c)  The director shall issue a permit for any term, not
 
10 exceeding five years, if the director determines that the
 
11 applicant and facility have complied with the provisions of this
 
12 chapter.  Each permit shall be reviewed five years after the date
 
13 of issuance and shall be modified as necessary to assure that the
 
14 facility and permittee continue to comply with applicable
 
15 provisions of this chapter.  Nothing in this subsection shall
 
16 preclude the director from reviewing and modifying a permit at
 
17 any time during its term.  Each permit issued under this section
 
18 shall contain such terms and conditions as the director
 

 
Page 2                                                     2526
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 determines are necessary to protect human health or the
 
 2 environment.
 
 3      The director may modify, suspend, or revoke any permit if,
 
 4 after affording the permittee an opportunity for a hearing in
 
 5 accordance with chapter 91, the director determines that:
 
 6      (1)  There is a violation of any term or condition of the
 
 7           permit;
 
 8      (2)  The permit was obtained by misrepresentation or failure
 
 9           to disclose fully all relevant facts;
 
10      (3)  There is a change in any circumstance that necessitates
 
11           a modification, suspension, or revocation of the
 
12           permit; or
 
13      (4)  Such is in the public interest.
 
14      Public notice shall be given of proposed decisions
 
15 respecting permit issuance, reissuance, denial, revocation,
 
16 suspension, substantial modification to a permit requested by a
 
17 permittee, and modifications to a permit initiated by the
 
18 director.  The director may hold a public hearing before issuing
 
19 a final decision respecting a permit issuance, reissuance,
 
20 denial, revocation, suspension, request by a permittee to
 
21 substantially modify a permit, and any modification to a permit
 
22 initiated by the director if the director determines that such a
 
23 public hearing is in the public interest.  The permit notice and
 

 
Page 3                                                     2526
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 public hearing requirements in this section shall not apply to
 
 2 used oil permits as provided for in section 342J-54."
 
 3      SECTION 2.  Section 342J-54, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (c) to read as follows:
 
 5      "(c)  The director shall issue a permit for any term, not
 
 6 exceeding five years, if the director determines that it will be
 
 7 in the public interest; provided that the permit may be subject
 
 8 to reasonable conditions that the director may prescribe.  The
 
 9 director, on application, shall renew a permit from time to time
 
10 for a term not exceeding five years if the director determines
 
11 that it is in the public interest.  The director shall not deny
 
12 an application for the issuance or renewal of a permit without
 
13 affording the applicant an opportunity for a hearing in
 
14 accordance with chapter 91.
 
15      The director may require a public notice or hearing, or
 
16 both, for permit issuances, reissuances, denial, revocation,
 
17 suspension, or substantial modifications to a permit requested by
 
18 a permittee, or modifications to a permit initiated by the
 
19 director if the director determines that notice or hearing, or
 
20 both, are in the public interest.
 
21      The director, on the director's own motion or the
 
22 application of any person, may modify, suspend, or revoke any
 
23 permit if, after affording the permittee an opportunity for a
 

 
Page 4                                                     2526
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 hearing in accordance with chapter 91, the director determines
 
 2 that:
 
 3      (1)  There is a violation of any condition of the permit;
 
 4      (2)  The permit was obtained by misrepresentation, or
 
 5           failure to disclose fully all relevant facts;
 
 6      (3)  There is a change in any condition that requires either
 
 7           a temporary or permanent reduction or elimination of
 
 8           the permitted emission; or
 
 9      (4)  The modification, suspension, or revocation is in the
 
10           public interest.
 
11      In determining the public interest, the director shall
 
12 consider the environmental impact of the proposed action, any
 
13 adverse environmental effects of the proposed action, any adverse
 
14 environmental effects which cannot be avoided if the action is
 
15 implemented, the alternatives to the proposed action, the
 
16 relationship between local short-term uses of the environment and
 
17 the maintenance and enhancement of long-term productivity, and
 
18 any irreversible and irretrievable commitments of resources which
 
19 would be involved in the proposed action should it be
 
20 implemented, and any other factors which the director may by rule
 
21 prescribe; provided that any determination of public interest
 
22 shall promote the optimum balance between economic development
 
23 and environmental quality."
 

 
Page 5                                                     2526
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.