Section 11-53-7 - General conditionsThe owner and operator of an activity or facility for which a certification is issued shall comply with the following conditions:
(1) Report to the federal licensing or permitting agency any non-compliance with the conditions of the issued certification;(2) Maintain records at the activity or facility site or in a nearby field office demonstrating that all certification requirements have been fully complied with;(3) Ensure that all activities are conducted or facilities operated in a manner that will comply with all applicable state water quality standards in chapter 11-54;(4) Ensure that all material (s) placed or to be placed in state waters are free of waste metal products, organic materials, debris, and any pollutants in concentrations toxic or potentially hazardous to aquatic life as specified in section 11-54-4;(5) Ensure that the activities will not permanently interfere with or adversely impact any designated uses or existing uses, or both, of the receiving state water. Any permanent interference with or adverse impacts to the designated uses or existing uses, or both, of the receiving state water is a violation of chapter 11-54;(6) Ensure that pollution control measures and BMPs that prevent water pollutants from leaving the in-water work area authorized by the federal licensing or permitting agency are utilized. Any chemical or visual plume emanating from the authorized in-water work area is a violation of chapter 11-54;(7) Ensure that: (A) No construction material or construction-related materials shall be stockpiled in the aquatic environment or stored or placed in ways that will disturb the aquatic environment; (B) All construction debris shall be contained and prevented from entering or reentering state waters;(C) All construction debris from any portion of the activity that may generate debris that may float in the state water, create a plume, or travel with the current shall be collected, including debris caused by using hydraulic saws, water jets, or drilling equipment; and(D) All construction debris shall be removed from the aquatic environment and disposed of at an upland site in accordance with state or county, or both, approvals;(8) Collect and remove all sidecast material and dispose at an upland state or county, or both, approved site;(9) There shall be no discharge of any type of wash water or effluent, or both, into state waters without first obtaining a National Pollutant Discharge Elimination System permit authorizing such type of water pollutant discharge to state waters;(10) Runoff, return flow, or airborne particulate pollutants, if any, shall be contained on land and not allowed to enter state waters. Runoff or return flow, or both, authorized by the federal licensing or permitting agency may be discharged to state waters.[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)