Current through September, 2024
Section 11-53-6 - Certification(a) A certification issued by the director shall include:(1) The certifying person's legal name and street address, and the owner's and operator's corresponding information if different from the certifying person;(2) A statement that asserts that when all requirements and conditions contained in the certification are fully complied with, there is reasonable assurance that the activity will be conducted in a manner which will not violate applicable water quality standards and applicable provisions of sections 301, 302, 303, 306, and 307 of the Act;(3) The term of the certification, which shall not exceed five years; provided, that the director may administratively extend the expiration date of the section 401 WQC upon written request from the certifying person;(4) Any condition which the director considers necessary or desirable with respect to the discharge resulting from an activity or facility, including the general conditions set forth in section 11-53-7; and(5) Other information the director determines to be appropriate.(b) Within thirty days from the final date of issuance of the certification, any interested party who submitted written comments during the public notice period or submitted written testimony in the public hearing may appeal the final certification decision issued under this chapter by filing a request for a contested case hearing, in accordance with chapter 91, HRS. "Interested" means any person with 'standing" as defined by the Hawaii Constitution, statutes, rules, and court decisions. The appeal shall be limited to specific issues raised in writing during the public comment period or public hearing for the certification being appealed.[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)