§196D-5  Consolidated permit application andreview procedure.  (a)  The department shall serve as the lead agency forthe consolidated permit application and review process established pursuant tosection 196D-4(b) and as set forth in this section for the project.  Allagencies whose permitting functions are not transferred by section 196D-10 tothe department for the purposes of the project are required to participate inthe consolidated permit application and review process.

(b)  To the greatest extent possible, thedepartment and each agency whose permitting functions are not transferred bysection 196D-10 to the department for the purposes of the project shallcomplete all of their respective permitting functions for the purposes of theproject, in accordance with the timetable for regulatory review set forth inthe joint agreement described in subsection (c)(3) and within the time limitscontained in the applicable permit statutes, ordinances, regulations, or rules;except that the department or any agency shall have good cause to extend, ifand as permitted, the applicable time limit if the permit-issuing agency mustrely on another agency, including any federal agency, for all or part of thepermit processing and the delay is caused by the other agency.

(c)  The procedure shall be as follows:

(1)  The applicant shall submit the consolidatedpermit application using the consolidated permit application form, which shallinclude whatever data about the proposed project that the department deemsnecessary to fulfill the purposes of this chapter and to determine which otheragencies may have jurisdiction over any aspect of the proposed project.

(2)  Upon receipt of the consolidated permitapplication, the department shall notify all agencies whose permittingfunctions are not transferred by section 196D-10 to the department for thepurposes of the project, as well as all federal agencies, that the departmentdetermines may have jurisdiction over any aspect of the proposed project as setforth in the application, and shall invite the federal agencies so notified toparticipate in the consolidated permit application process.  The agencies, andthose federal agencies that accept the invitation, thereafter shall participatein the consolidated permit application and review process.

(3)  The representatives of the department and thestate, county, and federal agencies and the applicant shall develop and sign ajoint agreement among themselves which shall:

(A)  Identify the members of the consolidatedpermit application and review team;

(B)  Identify all permits required for theproject;

(C)  Specify the regulatory and reviewresponsibilities of the department and each state, county, and federal agencyand set forth the responsibilities of the applicant;

(D)  Establish a timetable for regulatoryreview, the conduct of necessary hearings, the preparation of an environmentalimpact statement if necessary, and other actions required to minimizeduplication and to coordinate and consolidate the activities of the applicant,the department, and the state, county, and federal agencies; and

(E)  Provide that a hearing required for apermit shall be held on the island where the proposed activity shall occur.

(4)  A consolidated permit application and review teamshall be established and shall consist of the members of the interagency groupestablished pursuant to section 196D-6(a).  The applicant shall designate itsrepresentative to be available to the review team, as it may require, forpurposes of processing the applicant's consolidated permit application.

(5)  The department and each agency whose permittingfunctions are not transferred by section 196D-10 to the department for thepurposes of the project, and each federal agency shall issue its own permit orapproval based upon its own jurisdiction.  The consolidated permit applicationand review process shall not affect or invalidate the jurisdiction or authorityof any agency under existing law, except to the extent that the permittingfunctions of any agency are transferred by section 196D-10 to the departmentfor the purposes of the project.

(6)  The applicant shall apply directly to eachfederal agency that does not participate in the consolidated permit applicationand review process.

(7)  The department shall review for completeness andthereafter shall process the consolidated permit application submitted by anapplicant for the project, and shall monitor the processing of permitapplication by those agencies whose permitting functions are not transferred bysection 196D-10 to the department for the purposes of the project.  Thedepartment shall coordinate, and seek to consolidate where possible, thepermitting functions and shall monitor and assist in the permitting functionsconducted by all of these agencies, and to the fullest extent possible thefederal agencies, in accordance with the consolidated permit application andreview process.

(8)  Once the processing of the consolidated permitapplication has been completed and the permits requested have been issued tothe applicant, the department shall monitor the applicant's work undertakenpursuant to the permits to ensure the applicant's compliance with the terms andconditions of the permits.

(d)  [L 2004, c 202, §15 amendmentrepealed on June 30, 2010.  L 2006, c 94, §1.]  Where the contested caseprovisions under chapter 91 apply to any one or more of the permits to beissued by the agency for the purposes of the project, the agency, if there is acontested case involving any of the permits, may be required to conduct onlyone contested case hearing on the permit or permits within its jurisdiction. Any appeal from a decision made by the agency pursuant to a public hearing orhearings required in connection with a permit shall be made directly on therecord to the intermediate appellate court, subject to chapter 602. [L 1988, c301, pt of §1; am L 2004, c 202, §15]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."