Certifying agency and water quality certification
HRS §342D-53
in effect342D-53. Certifying agency and water quality certification
(a) Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that may cause any discharge into navigable waters.
(b) The director may
act as a certifying agency.
(c) The director shall adopt and enforce
rules, pursuant to chapter 91, to administer water quality certifications. (d)
The term of any water quality certification issued by the director shall not
exceed five years.
(e) The director shall not require a person to
apply for a water quality certification if the person:
(1) Has received notice of authorization to proceed
from the department of land and natural resources' office of conservation and
coastal lands under the statewide programmatic general permit for the
restoration, repair, maintenance, and operation of loko i`a; or
(2) Has received notice of authorization to proceed
from the department of land and natural resources' office of conservation and
coastal lands under the small-scale beach restoration program.
(f) As used in this section, "certifying
agency" has the same meaning as "certifying authority" as
defined in title 40 Code of Federal Regulations section 121.1(e).
[L 1989, c
212, pt of §2; am L 2023, c 233, §8]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342D/HRS_0342D-0053.htmFetched: 11/10/2026