§342D-53  Certifying agency and water quality certification.  (a)  Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that may cause any discharge into navigable waters.

     (b)  The director may act as a certifying agency.

     (c)  The director shall adopt and enforce rules, pursuant to chapter 91, to administer water quality certifications.  (d)  The term of any water quality certification issued by the director shall not exceed five years.

     (e)  The director shall not require a person to apply for a water quality certification if the person:

     (1)  Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the statewide programmatic general permit for the restoration, repair, maintenance, and operation of loko i`a; or

     (2)  Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the small-scale beach restoration program.

     (f)  As used in this section, "certifying agency" has the same meaning as "certifying authority" as defined in title 40 Code of Federal Regulations section 121.1(e). [L 1989, c 212, pt of §2; am L 2023, c 233, §8]