Current through November, 2024
Section 11-53-10 - Revocation(a) Under the following circumstances, the director can revoke an issued certification without reissuance after holding a public hearing and notifying the federal licensing or permitting agency: (1) The federal license or permit or the federal licensing or permitting agency authorizes the activity in a manner inconsistent with the actual operation or construction of the activity or facility;(2) Since the certification was issued, changes in conditions regarding the activity or facility or affected state waters affect or might affect compliance with water quality standards and requirements;(3) Unresolved noncompliance with applicable State and federal pollution statutes and rules or a condition of the certification at the activity or facility exists, where the owner or operator refuses to resolve the noncompliance;(4) Certification conditions are violated;(5) Water quality standards, applicable federal law, or other appropriate requirements of state law have changed since the certification was issued;(6) The applicant failed to fully disclose any facts relevant to issuing the certification or submitted false or misleading information to the department or the director;(7) The director finds that the activity or facility endangers human health or the environment and that the danger cannot be removed by modifying the certification conditions certification; or(8) The permittee has failed to comply with certain requirements or has failed to pay a penalty owed under certain statutes.(b) An issued certification is automatically revoked without the need for a public hearing when the federal license or permit for the activity or facility is revoked or terminated.[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)