Section 11-53-5 - Public notice and hearing(a) The director may provide or require the applicant to provide opportunity for public comment or hearing(s), or both, to consider issuance of a certification. Public notice procedures shall include at least the following:
(1) Notice shall be circulated within the geographical areas covered by the proposed certification. Circulation includes any or all of the following: (A) Posting in the post office and public places of the municipality nearest the location of the activity or facility;(B) Posting near the activity or entrance to the facility, and in nearby places;(C) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation; or(D) Published on a publicly available department website.(2) Notice shall be mailed or sent electronically to any person or group upon request; and(3) The director shall add the name of any person or group upon request to a mailing or electronic notification list to receive copies of notices for all certifications within the State or within a certain geographical area.(b) The public notice shall include at least the following:(1) Name and address of the agency issuing the certification;(2) Name and address of the applicant and the name and address of the activity or facility;(3) A brief description of the activities or facility operations which are requested to be certified;(4) Name of the state water affected by the certification, and whether the activity or facility is new or existing;(5) A statement of the tentative determination to issue or deny a certification for the activity or facility described in the application;(6) A brief description of the procedures for formulating a final determination, including procedures for public comment, requesting a public hearing, and any other means of public participation offered; and(7) Name, address, and telephone number of a person at the State agency where interested persons may: (A) Obtain further information;(B) Request a copy of the draft certification; and(C) Inspect and copy forms and related documents.(c) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the certification. All written comments submitted during the thirty-day comment period shall be retained by the director and considered in the formulation of the director's final determination with respect to the certification application. The director shall respond to all written comments submitted during the thirty-day comment period. The comment period may be extended at the director's discretion.(d) The director may hold a public hearing before ruling on an application for a certification if the director determines the public hearing to be in the public interest. In determining the public interest, the director shall consider the factors set forth in section 342D-6(g), HRS.(e) All coordination, publication costs, and mailing costs associated with public notification with respect to the application shall be paid by the applicant to the appropriate publishing agency or agencies determined by the director. The applicant shall submit the original signed affidavit of publication to the department within four weeks of the publication date. Failure to provide and pay for public notification, as deemed appropriate by the director, is a basis to delay issuance of a certification. At the director's sole discretion, the director may:(1) Coordinate and arrange for publication in lieu of the applicant; and(2) Require the applicant to bear all publication and mailing costs associated with the public notification, including those incurred by the department on behalf of the applicant.(f) The director is not required to provide for public notice if the director finds that the federal licensing or permitting agency has or will provide for public notice concerning a certification.[Eff OCT 22 2021 ] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)