Section 11-56-3 - Applicability(a) This chapter applies to person(s) as identified below:(1) Publicly-owned entities owning land and conducting the activities below, as identified in Appendices A through C of this chapter:(A) Agriculture (Appendix A);(B) Forestry (Silviculture) (Appendix B); and(C) Marinas and recreational boating (Appendix C).(2) Privately-owned entities that cause or contribute to nonpoint source pollution due to operation or management of lands used for the activities identified in section 11-56-3(a)(1) are subject to this chapter and applicable requirements set forth in Appendices A through C of this chapter upon written notification by the director.(b) At the discretion of the director, specific provisions of this chapter, additional management measures, or other remedies, may be applied to any persons who are found to be causing or contributing to nonpoint source pollution. In these cases, the director shall issue a Nonpoint Source Order to affected persons that includes:(1) A notice of findings specifying the source of nonpoint source pollution involved and the conduct that is causing or caused it;(2) A requirement to register under section 11-56-5;(3) A requirement to develop and implement a Water Pollution Prevention Plan under section 11-56-6(a) (1);(4) A time schedule for compliance with provisions of this chapter; and(5) Any other specific requirements for controlling the nonpoint source pollution deemed necessary by the director. It is at the sole discretion of the director to determine whether this chapter shall apply to persons not identified in subsections (a) and (b) based on risk of harm to human or environmental health.
(c) Affected persons may appeal the decision of the director to require compliance with the provisions of this chapter in accordance with section 11-56-13.[Eff 6/25/2021] (Auth: HRS §§ 205A-2, 342D-4, 342D-5, 3 4 ZE-2, 342E-3; 16 U.S.C. §§ 1455b et seq.; 33 U.S.C. §§ 1251, 1329, 1370) (Imp: HRS §§ 342E-2, 342E-3)