Hawaii 401 Water Quality Certification (14-HI-d)
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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Hawaii Department of Health Office of Environmental Quality Control
Clean Water Branch Chief