Haw. Code R. § 11-55-39 - Public interest

(a) A person submitting an NPDES permit application shall explain in writing why the proposed action meets the public interest as defined in section 342D-6(g), HRS. The explanation shall address:

(1) The environmental impact of the proposed action beside the water quality effects already covered in the application and supporting materials;

(2) Any adverse environmental effects which cannot be avoided should the action be implemented;

(3) The alternatives to the proposed action;

(4) The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity;

(5) Any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented; and

(6) The optimum balance between economic development and environmental quality.

(b) The person submitting an NPDES permit application may submit a document prepared for another permit, license, or approval, including an environmental assessment or environmental impact statement prepared under chapter 343, HRS, or other similar document. The person submitting the NPDES permit application may also submit supplementary documents to meet this section. In either case, the department shall review the document(s) submitted for compliance with this section. The department shall seek to avoid redundant work.

(c) The department may consider other information relevant to the public interest, including information in an environmental assessment; environmental impact statement; other document prepared for another permit, license, or approval; or elsewhere. If the department considers information unknown to the applicant, the department shall notify the applicant and allow the applicant to respond in a timely manner.

Notes

Haw. Code R. § 11-55-39

[Eff and comp 11/07/02; comp 08/01/05; comp 10/22/07; comp JUN 15 2009] (Auth: HRS §§ 342D-4, 342D-5, 342D-6) (Imp: HRS §§ 342D-4, 342D-5, 342D-6) Comp 10/21/12; Comp 12/6/13; Comp 11/15/14; Comp 7/13/2018 Comp 2/9/2019 Eff Comp OCT 22 2021 Comp 1/15/2022