Section 13-190.1-14 - Application review process(a) The department shall inspect the dams and reservoirs, unless the data, records, and inspection reports on file with the department are found adequate to enable a determination of whether or not the certificate of approval to impound should be issued.(b) The department shall require owners of the dams and reservoirs to perform at their expense any work, tests, or investigation as may reasonably be required to disclose information sufficient to enable the board to determine whether to issue certificates of approval to impound, or to issue orders directing further work at the owner's expense necessary to safeguard life and property.(c) The board shall issue a certificate of approval to impound for dams and reservoirs that do not have severe deficiencies that affect the structural safety or operational integrity of a facility or that may threaten the safety of the dam.(d) In order to protect public safety, the department shall require an owner or operator to lower the water level of, or to drain the dam or reservoir, or impose conditions on a certificate to impound application approval.(e) Upon inspection, review of investigation findings, or satisfactory correction of severe deficiencies, if the department finds that the dam and reservoir are safe to impound water, a certificate of approval to impound shall be issued.(f) The department shall not issue a certificate of approval to impound when a dam or reservoir is determined by the department to be unsafe to impound water. Upon finding that the dam' or reservoir is unsafe to impound water, the department shall issue a written notice to the owner. After receipt of the notice, the owner shall no longer cause or allow the dam or reservoir to impound water unless consent is obtained from the department. Haw. Code R. § 13-190.1-14
[Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 1790-21)