Section 11-53-3 - Application(a) Except as provided in subsection (c), the application shall include, at a minimum:(1) The certifying person's legal name, company or organization name, street or mailing address, telephone number, and email address;(2) The activity or facility name, location, island, and tax map key number(s);(3) The estimated beginning and ending dates of the activity or facility operations, as applicable;(4) Associated existing, pending, or denied federal and environmental permits and corresponding file numbers, and a statement of the approval or review status of each at the time of filing the application;(5) The scope of work or a description of the overall activity (e.g. upland and in-water) including: the construction or operation of facilities which may result in discharges into state waters; all water pollutant discharges that may result from the activity or facility; and specific biological, chemical, physical, thermal, and other pertinent characteristics of the discharge resulting from an activity or facility;(6) The name(s) of the state water where the discharge occurs, the latitude and longitude of the discharge location, the classification of the state water, and the associated existing uses;(7) A description of any BMPs that will be utilized to control the discharge of water pollutants and will assure compliance with section 11-53-7;(8) Certification that the BMPs utilized will comply with section 11-53-7;(9) A description of the methods and means to monitor: the quality of the discharge, the equipment used to treat and control the discharge, and measures planned to treat or control the discharge;(10) A filing fee of $1000, submitted with the application;(A) Fees shall be made payable to the 'State of Hawaii" in the form of a check or other method specified by the department;(B) Application(s) for blanket section 401 WQCs or with department pre-approved SOPs are exempt from the payment of filing fees;(C) In the event application processing is withdrawn, either automatically pursuant to subsection (b)(2) or voluntarily by the applicant, or certification is finally denied, this filing fee shall not be refunded nor applied to any subsequent application;(11) Any additional information requested by the director; and(12) The certification paragraph below, signed by the certifying person electronically or by original wet signature at the director's discretion: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.".
(b) Within sixty calendar days of the application submission that includes the certified statement in subsection (a)(12) or the certifying person's response to a notice of deficiency under this subsection (b) that includes the certified statement in subsection (a)(12), the director shall notify the certifying person, in writing or by email, if the application is complete or deficient. (1) If the application is deficient, the notice shall include a description of any additional information necessary to correct the deficiency;(2) If the certifying person does not correct the deficiency within thirty days from the date of notice, application processing shall be automatically withdrawn without prejudice; and(3) The director shall not extend the thirty-day time frame for the certifying person to correct the application deficiency. Nothing in this subsection (b) precludes the director from requesting additional information in accordance with subsection (a) (11).
(c) The application for certification for the reconstruction, restoration, repair, or reuse of any loko i 'a, or Hawaiian fishpond as defined in section 183B-1, HRS, shall be processed in accordance with section 342D-6.5(b), HRS, and shall include:(1) The certifying person's legal name, company or organization name, street or mailing address, telephone number, and email address;(2) The activity or facility name, location, island, and tax map key number(s); and(3) A copy of the federal permit application.(d) A filing fee shall not be required for an application submitted pursuant to subsection (c).(e) Activities authorized pursuant to section 342D-6.5(b), HRS, do not require an application. [Eff OCT 22 2021] §§ 342D-4, 342D-5, 342D-6.5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6, 342D-6.5)