Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS
Section 11-53-2 - General policy of section 401 water quality certifications
Current through February, 2024
(a) Section 401 of the Act provides that no license or permit can be issued to conduct any activity, including commencing construction or operation of a facility, that may result in a water pollutant discharge into state waters unless the State issues, waives, or does not require a section 401 water quality certification.
(b) The department is the state agency that may issue or waive a certification in accordance with this chapter. The director is authorized to act as a certifying agency, as defined in 40 CFR section 121.1(e).
(c) An owner or operator of an activity or facility may request a section 401 water quality certification from the director by applying for certification in accordance with this chapter.
(d) A certification issued pursuant to this chapter is not a permit, but becomes an enforceable condition when incorporated into a license or permit. The licensing or permitting agency is responsible for enforcing a certification issued by the director for the activity or facility.
(e) The issuance or waiver of a certification does not absolve any person from complying with the requirements of applicable water quality standards. The director may take any enforcement action authorized under the Act or chapter 342D, HRS, on water quality standards violations.
