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Hawaii Variance from Pollution Control (18-HI-d)

A variance is required to discharge water pollutant in excess of applicable standards according to Hawaii Administrative Rules 11-62.

Variance from Pollution Control Process

18-HI-d.1 – Application for Variance

An Application for Variance must be submitted to the Wastewater Branch of the Department of Health.

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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