Section 11-53-4 - Determination(a) The director shall act on an application within sixty days of acknowledging receipt of a complete application. Acting on an application means:
(1) Issuing, reissuing, revoking and reissuing, modifying, denying, or initiating public notice of the certification;(2) Notifying the certifying person and federal licensing or permitting agency that the director requires additional time to process the application; or(3) Waiving the State's authority to issue a certification by notifying the certifying person and the federal licensing or permitting agency.(b) The director may deny applications for a certification from persons who are respondents in open enforcement actions associated with water pollution, who fail to make payments as required for permit or certification fees or penalties, or who have a history of violating water pollution laws.(c) Notwithstanding subsection (a)(2), if the director fails or refuses to make a final determination on an application within one year of acknowledging receipt of a complete application, the director shall be considered to have waived the State's authority to issue a certification.[Eff OCT 22 2021] (Auth: hrs §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)