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Regulatory and Permitting Information Desktop Toolkit

Hawaii 401 Water Quality Certification (14-HI-d)

Under Section 401 of the Clean Water Act,33 U.S.C. 1251, and Hawaii Administrative Rules Title 11, Chapter 54 a developer must apply to the Hawaii Department of Health Clean Water Branch (CWB) for a Section 401 Water Quality Certification (WGC) Permit to ensure that construction runoff at the project site will not violate applicable water quality standards. A Section 401 WQC permit is not required if no federal license or permit is required. In addition, a Section 401 WQC is not required if no water pollutants are discharged into State waters as a result of the project/activity.

401 Water Quality Certification Process

14-HI-d.1 – Water Quality Certification Application

The developer submits a Water Quality Certification Application to the CWB. The application should include at a minimum the information listed in Hawaii Administrative Rules 11-54-9.1.02. The applicant must understand and be able to comply with all applicable Water Quality Standards in HAR, Chapter 11-54.

14-HI-d.2 – Review Application Materials for Completeness

The Hawaii Department of Health Clean Water Branch reviews the WQC Application and supporting documents for completeness.

14-HI-d.3 – Is the Application Complete

The CWB determines whether the application is complete. If the application is incomplete, the DOH notifies the developer and explains the additional information necessary to complete before resubmitting the WQC Application.

14-HI-d.4 – Formulate and Prepare Tentative Determinations with Respect to Application

The CWB formulates and prepares a tentative determination with respect to the WQC Application within one year from receiving a complete application. CWB prepares public notice or public hearing documents.

14-HI-d.5 – Publish Notice of Public Hearing and Public Comment

Public notification (public notice or hearing) is required. The applicant can request a public notice or a hearing; if there are many comments during the public notice period, the Department of Health may also schedule a hearing. The Applicant publishes notice of public hearing and public comment and is responsible for all publication costs.

14-HI-d.6 – Submit Comments on Application

Members of the public submit comments on the WQC Application during the 30-calendar-day public notice calendar period or during the public hearing. Applicant must address all comments.

14-HI-d.7 – Hold Public Hearing

The CWB may hold a public hearing on the WQC Application at the request of the applicant or if many comments are received during the public notice period.

14-HI-d.8 – Does DOH Issue the Certification

The CWB determines whether to issue the WQC Certification.

14-HI-d.9 – Water Quality Certification Permit

If the CWB issues the WQC Certification, it issues a permit that includes all of the information listed in H.A.R. 11-54-9.1.01.

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Edit Hawaii Department of Health Office of Environmental Quality Control
Clean Water Branch Chief

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