Permit required for large underground storage tanks

(a) No person shall operate an underground storage tank or tank system that has a capacity to store more than 100,000 gallons of any regulated substance without first obtaining a permit from the department. The owner or operator of such an underground storage tank or tank system that is operating upon March 1, 2022 shall, if it desires to continue the operation of the tank or tank system, apply for a permit within 60 days of March 1, 2022, and may continue to operate until a decision on the application is made. If the permit is denied and the applicant requests a contested case hearing, the underground storage tank or tank system shall cease to operate unless and until that decision is reversed. (b) The department shall not issue a permit unless the applicant demonstrates that the tank or tank system will not leak any regulated substance into the environment during its operating life. A permit shall specify its duration, but in no case shall a permit remain in effect for more than five years. The permit may be subject to conditions established by the department. The department shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with HRS Chapter 91. (c) The department, upon its own motion or upon the application of any person, may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with HRS Chapter 91, the department determines that: (1) There is a violation of any condition of the permit; (2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts; or (3) There is a release or threatened release of regulated substances.