Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 54 - WATER QUALITY STANDARDS › Section 11-54-9.1 - Water quality certification

Current through June, 2024
As used in sections
				  11-54-9.1.01 to
				  11-54-9.1.10:
"33 CFR" means the Code of Federal Regulations, Title 33,
				  Corps of Engineers, Department of the Army, Department of Defense, revised as
				  of July 1, 2011, unless otherwise specified.
"40 CFR" means the Code of Federal Regulations, Title 40,
				  Protection of the Environment, revised as of July 1, 2011, unless otherwise
				  specified.
"Act" means the Clean Water Act (formerly referred to as the
				  Federal Water Pollution Control Act or Federal Water Pollution Control Act
				  Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217 , Public
				  Law 95-483 and Public Law 97-117,
				  33 U.S.C. section
				  1251 et. seq.
"Agent" means a duly authorized representative of the owner
				  as defined in section 11-55-7(b).
"Discharge" means the same thing as defined in Section
				  502(16) of the Act.
"Discharge of a pollutant" and "discharge of pollutants"
				  means the same thing as defined in section 502 (12) of the Act.
"Duly authorized representative" means a person or position
				  as defined in
				  40
				  CFR section
				  122.22(b).
"License or permit" means any permit, certificate, approval,
				  registration, charter, membership, statutory exemption or other form of
				  permission granted by an agency of the federal government to conduct any
				  activity which may result in any discharge into navigable waters.
"Licensing or permitting agency" means any agency of the
				  federal government to which a federal application is made for a "license or
				  permit."
"Navigable waters" means the waters of the United States,
				  including the territorial seas.
"Owner" means the person who owns any "facility" or
				  "activity" which results in any discharge into navigable waters.
"Pollutant" means the same thing as defined in section
				  502(6) of the Act.
"Territorial seas" means the belt of the seas measured from
				  the line of ordinary low water along that portion of the coast which is in
				  direct contact with the open sea and the line marking the seaward limit of
				  inland waters, and extending seaward a distance of three miles.
"Water quality certification" or "certification" means a
				  statement which asserts that a proposed discharge resulting from an activity
				  will not violate applicable water quality standards and the applicable
				  provisions of sections 301, 302, 303, 306 and 307 of the Act. A water quality
				  certification is required by section 401 of the Act from any applicant for a
				  federal license or permit to conduct any activity, including the construction
				  or operation of facilities which may result in any discharge into navigable
				  waters.
"Water quality certification application" means any forms
				  provided by the director for use in obtaining the water quality
				  certification.
"Water quality standards" means standards established
				  pursuant to section 10(c) of the Act, and state-adopted water quality standards
				  for navigable waters which are not interstate waters.
"Waters of the United States" or "waters of the U.S."
				  means:
(1) All waters which are
				currently used, were used in the past, or may be susceptible to use in
				interstate or foreign commerce, including all waters which are subject to the
				ebb and flow of the tide;
(2) All
				interstate waters, including interstate "wetlands";
(3) All other waters such as intrastate
				lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
				"wetlands," slohghs, prairie potholes, wet meadows, playa lakes, or natural
				ponds the use, degradation, or destruction of which would affect or could
				affect interstate or foreign commerce including any such waters:
(A) Which are or could be used by interstate
				or foreign travelers for recreational or other purposes;
(B) From which fish or shellfish are or could
				be taken and sold in interstate or foreign commerce; or
(C) Which are used or could be used for
				industrial purposes by industries in interstate commerce;