Section 11-54-9.1.05 - Water quality certification; adoption of new water quality standards(a) The licensee or permittee shall comply with any new water quality standards as adopted by the department.(b) In any case where: (1) A certification or waiver was issued without applicable water quality standards;(2) Water quality standards applicable to the waters into which the activity may discharge are subsequently established before the activity is completed; or(3) The director determines that the activity is violating new water quality standards; The director shall then notify the licensee or permittee and the licensing or permitting agency of the violation.
(c) If the licensee or permittee fails within one hundred eighty days of the date of the notice to cease the violation, the director shall notify the licensing or permitting agency that the licensee or permittee has failed to comply with the standards. The director, at the director's discretion, shall also revoke the certification or waiver or recommend suspension of the applicable license or permit pursuant to section 401 of the Act.
(d) The director shall notify the licensing or permitting agency that, in the director's opinion, there is reasonable assurance that applicable water quality standards will not be violated because the licensee or permittee took appropriate action to comply with the applicable water quality standards after their license or permit was suspended pursuant to subsection (c).(e) This section shall not preclude the department from taking other enforcement action authorized by law. Haw. Code R. § 11-54-9.1.05
[Eff and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92; am and comp 04/17/00; am and comp 10/2/04; comp 06/15/09; comp 10/21/12; am and comp 12/6/13; comp 11/15/2014 ] (Auth: HRS. §§ 342D-4, 342D-5, 342D-53s) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)