§11-54-1.1 - General policy of water quality antidegradation.
§11-54-1.1 General policy of water quality antidegradation.
(a) Existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.
(b) Where the quality of the waters exceed levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the director finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the state's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the director shall assure water quality adequate to protect existing uses fully. Further, the director shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control.
(c) Where existing high quality waters constitute an outstanding resource, such as waters of national and state parks and wildlife refuges and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected.
(d) In those areas where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with section 316 of the Clean Water Act.
[Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp
10/2/04; comp 06/15/09; comp 10/21/12; am and comp 12/6/13; comp NOV 15 2014 ] (Auth: HRS §§342D-1, 342D-4, 342D-5, Ch. 342E; 40 C.F.R. §131.12) (Imp: HRS §§342D-4, 342D-5, Ch. 342E)
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