§11-54-9.1.02 - Water quality certification; contents of water quality certification application.

§11-54-9.1.02 Water quality certification; contents of water quality certification application.

(a) The owner or its duly authorized representative shall submit a complete water quality certification application for the discharge resulting from an activity. The water quality certification application shall include at a minimum:

(1) The legal name(s), street address, contact person's name and position title, and telephone and fax numbers of the owner and, if applicable, its duly authorized representative;

(2) The company or organization name, contact person's name and position title, and telephone and fax numbers of the emergency contact(s);

(3) The name, street address, contact person's name and position title, telephone and fax numbers, island, and tax map key number(s) for the project;

(4) Associated existing or pending federal and environmental permits and corresponding file numbers;

(5) The name(s) of the navigable water where the discharge occurs, the latitude and longitude of the discharge point(s), the classification of the navigable water, and the associated existing recreational uses;

(6) The scope of work or a description of the overall project including: the construction or operation of facilities which may result in discharges into navigable waters; the proposed discharge resulting from an activity; and specific biological, chemical, physical, thermal, and other pertinent characteristics of the discharge resulting from an activity;

(7) If applicable, a description of the function and operation of equipment or facilities to control discharges, including specification of the methods of control to be used;

(8) The estimated dates on which the activity will begin and end and the date or dates on which the discharge(s) will take place;

(9) If applicable, a description of the methods and means being used or proposed to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the control of the proposed discharges and a map showing the location(s) of the monitoring point(s) ;

(10) The statement of assurance, statement of choice for publication, and if applicable,

an authorization statement, with the owner's original signature. Any signatures required for the water quality certification application shall be provided as described in 40 CFR Section 122.22(a);

(11) Supporting documentation (e.g. maps, plans, specifications, copies of associated federal permits or licenses, federal applications, Environmental Assessments or Environmental Impact Statements, as applicable, etc.);

(12) Additional information regarding any irregularities or unique features of the project; and

(13) Additional information as required by the director.

(b) The director shall notify the owner or its duly authorized representative in writing if a water quality certification application is incomplete or otherwise deficient. A description of the additional information necessary to complete the water quality certification application or to correct the deficiency shall be included in the written notice. If a water quality certification application is incomplete or otherwise deficient, processing of the water quality certification application shall not be completed until the time the owner or its duly authorized representative has supplied the information or otherwise corrected the deficiency. Failure to provide additional information or to correct a deficiency shall be sufficient grounds for denial of the certification or termination of the processing of the water quality certification application.

(c) The director shall notify the owner or its duly authorized representative in writing when a water quality certification application is considered complete. The director shall act on a request for certification within a period which shall not exceed one year from the date when the water quality certification application was considered complete.

(d) The owner or its duly authorized representative shall notify the department in writing

of changes which may affect the water quality certification application and certification process.

(e) Each owner who submits a water quality certification application shall pay a filing fee of $1,000. This filing fee shall be submitted with the water quality certification application and shall not be refunded nor applied to any subsequent water quality certification application following final action of denial or termination of the processing of the water quality certification application.

(1) Fees shall be made payable to the "State of Hawaii" in the form of a cashier's check or money order;

(2) Water quality certification application(s) submitted by the U.S. Army Corps of Engineers, Honolulu Engineer District, for the purpose of adopting regional or nationwide general permit(s), in accordance with 33 CFR Parts 325 and 330, respectively, shall be exempt from the payment of filing fees.

(f) If a project or activity requiring a federal permit or license involves or may involve the discharge of a pollutant or pollutants and is initiated or completed without a water quality certification, the director may process an after-the-fact water quality certification application as follows: after-the-fact water quality certification application.

may be accepted and processed only for the limited purpose of deeming projects or activities requiring federal permits or licenses to be properly permitted or licensed forward of the date of the water quality certification or waiver. No water quality certification or waiver shall be issued which allows the retroactive permitting or licensing of projects or activities before the date the water quality certification or waiver was issued. A water quality certification or waiver may be issued if the following criteria are met:

(1) The project or activity is not the subject of an ongoing enforcement action by the federal, state or county government;

(2) Any adverse impacts upon water quality resulting from the project or activity have been mitigated to the maximum extent feasible; and

(3) The project or activity will not cause or contribute to any lack of attainment of water quality standards set forth in this chapter.

(g) Written notification by the department under subsection (b) is complete upon mailing or sending a facsimile transmission of the document or actual receipt of the document by the owner or its duly authorized representative.

        [Eff 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-4, 342D-5, 342D-53) (Imp: HRS §§342D-4, 342D-5, 342D-6)

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