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



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



(c)  The procedure shall be as follows:



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



(2)  Upon receipt of the consolidated permit
application, the department shall notify all agencies whose permitting
functions are not transferred by section 196D-10 to the department for the
purposes of the project, as well as all federal agencies, that the department
determines may have jurisdiction over any aspect of the proposed project as set
forth in the application, and shall invite the federal agencies so notified to
participate in the consolidated permit application process.  The agencies, and
those federal agencies that accept the invitation, thereafter shall participate
in the consolidated permit application and review process.



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



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



(B)  Identify all permits required for the
project;



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



(D)  Establish a timetable for regulatory
review, the conduct of necessary hearings, the preparation of an environmental
impact statement if necessary, and other actions required to minimize
duplication 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 a
permit shall be held on the island where the proposed activity shall occur.



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



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



(6)  The applicant shall apply directly to each
federal agency that does not participate in the consolidated permit application
and review process.



(7)  The department shall review for completeness and
thereafter shall process the consolidated permit application submitted by an
applicant for the project, and shall monitor the processing of permit
application by those agencies whose permitting functions are not transferred by
section 196D-10 to the department for the purposes of the project.  The
department shall coordinate, and seek to consolidate where possible, the
permitting functions and shall monitor and assist in the permitting functions
conducted by all of these agencies, and to the fullest extent possible the
federal agencies, in accordance with the consolidated permit application and
review process.



(8)  Once the processing of the consolidated permit
application has been completed and the permits requested have been issued to
the applicant, the department shall monitor the applicant's work undertaken
pursuant to the permits to ensure the applicant's compliance with the terms and
conditions of the permits.



(d)  [L 2004, c 202, §15 amendment
repealed on June 30, 2010.  L 2006, c 94, §1.]  Where the contested case
provisions under chapter 91 apply to any one or more of the permits to be
issued by the agency for the purposes of the project, the agency, if there is a
contested case involving any of the permits, may be required to conduct only
one 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 or
hearings required in connection with a permit shall be made directly on the
record to the intermediate appellate court, subject to chapter 602. [L 1988, c
301, 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 of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."