Haw. Code R. § 11-53-13 - After-the-fact activities

(a) If an activity is initiated without a certification, the director may issue or waive the certification for portions of the activity that were not initiated. No certification or waiver shall retroactively apply to any portion of an activity that has already occurred.

(b) If an activity is completed the director may not issue or waive a certification. No certification or waiver shall retroactively cover an activity that has already occurred.

(c) The department may notify the federal licensing or permitting agency enforcing the after-the-fact activity that certification is not required so that enforcement actions may proceed.

Notes

Haw. Code R. § 11-53-13

[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)