KOROR STATE GOVERNMENT MARINE TOUR GUIDE ... - C3
KOROR STATE GOVERNMENT MARINE TOUR GUIDE ... - C3 KOROR STATE GOVERNMENT MARINE TOUR GUIDE ... - C3
(30) days of the submission of an application, if an application is incomplete or otherwise deficient. A description of the type of additional information necessary to complete the application or correct the deficiency will be included with such a written notice. Failure to provide additional information or to correct a deficiency shall be sufficient grounds for denial of certification. (C) The applicant will be informed, in writing, by the Chairman, when a certification application is considered to be complete. The Chairman shall act on a request for certification within a period which shall not exceed three (3) months; (D) The applicant is required to notify the Board immediately, in writing, of changes which may affect the application and certification process: (E) Fees shall be made payable to the National Treasury. The Republic and its State governments and agencies are exempt from paying filing fees. (Effective May 26, 1996) 2401-11-52 Notice and Hearing (A) The Chairman may, upon request, provide the opportunity for a public hearing(s) to consider the issuance of a water quality certification. A notice shall be published in accordance with 24 PNC Section 162. (B) The Chairman shall inform the applicant, in writing, that such action has been taken. (C) All publication costs related to public hearing(s) notification(s) shall be paid by the applicant to the necessary and appropriate newspaper agency(ies) prior to publication date. Failure to do so may result in a delay in the certification process beyond three (3) months. (Effective May 26, 1996) 2401-11-53 Waiver If the discharge in question is the result of activities which receive a nationwide permit for the discharge of dredge and fill materials, thereby fulfilling specific conditions of that permit pursuant to 24 PNC Section 162, then the Chairman will determine, on a case-bycase basis, which projects are considered to be minor, with a negligible impact and noncontroversial. Certification requirements of this section shall be waived for minor projects which have a negligible impact, and are non-controversial activities within three (3) months of the receipt of a completed application. (Effective May 26, 1996) 2401-11-54 Effect of New Standards on Permitted Activity The Board shall review any project or activity wherever: (A) A license or permit was issued without certification due to the absence of applicable water quality standards; (B) Water quality standards applicable to the waters into which the licensed or permitted activity may discharge are subsequently established before the activity is completed; and, (C) The Board determines that such uncertified activity is violating water quality standards. (Effective May 26, 1996) ENFORCEMENT 2401-11-55 Enforcement Any person in violation of any of the provisions of these regulations shall be subject to enforcement and court action under 24 PNC Sections 161 through 172, inclusive. (Effective May 26, 1996) 168
MISCELLANEOUS PROVISIONS 2401-11-56 Severability Clause If any provisions of these regulations or the application of any provision of these regulations to any person or circumstances is held invalid, the application of such provision to other persons or circumstances and the remainder of these regulations shall not be effected thereby. (Effective May 26, 1996) 2401-11-57 Repealer The regulations contained herein shall replace the Republic of Palau EQPB Marine and Fresh Water Quality Standards Regulations in effect upon the effective date of these regulations. (Effective May 26, 1996) 2401-11-58 Protected Areas All activities subject to the provisions of this Chapter shall comply with the terms, conditions, provisions and management plans for any National, State or traditional conservation area, preserve or other protected area as established by law.* *(Amendment Effective March 12, 1999) Permit Guide Marine and Freshwater Discharge Permit The purpose of this permit is to ensure that no pollutants are discharged into the waters of Palau without being given the degree of treatment or control necessary to prevent pollution or any reduction of water quality. Pollutants covered include dredged spoils (this does not refer to filling of wetlands with dredged materials, which is covered by earth moving regulations and permit and U.S. Army Corps of Engineer permit), solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal, and agricultural waste. Any project which may represent a new or increased course of pollution is required to obtain a permit. Examples of discharging facilities are municipal sewage treatment plants, industrial facilities, and commercial facilities. The EQPB office will require conditions on the construction and/or operation of the project to mitigate or eliminate any adverse water quality impacts associated with the project. ROP water quality rules and regulations establish specific criteria and policy for clean water standards. This includes maximum allowable concentrations of specific pollutants, and where each criteria applies in the waters of Palau. Information required on the application includes location, method, and flow chart of discharge, a list of pollutants and estimated quantities to be discharged, methods of waste treatment to be employed and waste treatment by product disposal, and evidence that the concentration of toxic substances present in the discharge will not violate water quality standards for toxic substances. 169
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(30) days of the submission of an application, if an application is incomplete or otherwise<br />
deficient. A description of the type of additional information necessary to complete the<br />
application or correct the deficiency will be included with such a written notice. Failure to<br />
provide additional information or to correct a deficiency shall be sufficient grounds for<br />
denial of certification.<br />
(C) The applicant will be informed, in writing, by the Chairman, when a certification<br />
application is considered to be complete. The Chairman shall act on a request for<br />
certification within a period which shall not exceed three (3) months;<br />
(D) The applicant is required to notify the Board immediately, in writing, of changes<br />
which may affect the application and certification process:<br />
(E) Fees shall be made payable to the National Treasury. The Republic and its State<br />
governments and agencies are exempt from paying filing fees.<br />
(Effective May 26, 1996)<br />
2401-11-52 Notice and Hearing<br />
(A) The Chairman may, upon request, provide the opportunity for a public hearing(s) to<br />
consider the issuance of a water quality certification. A notice shall be published in<br />
accordance with 24 PNC Section 162.<br />
(B) The Chairman shall inform the applicant, in writing, that such action has been taken.<br />
(C) All publication costs related to public hearing(s) notification(s) shall be paid by the<br />
applicant to the necessary and appropriate newspaper agency(ies) prior to publication<br />
date. Failure to do so may result in a delay in the certification process beyond three (3)<br />
months.<br />
(Effective May 26, 1996)<br />
2401-11-53 Waiver<br />
If the discharge in question is the result of activities which receive a nationwide permit<br />
for the discharge of dredge and fill materials, thereby fulfilling specific conditions of that<br />
permit pursuant to 24 PNC Section 162, then the Chairman will determine, on a case-bycase<br />
basis, which projects are considered to be minor, with a negligible impact and noncontroversial.<br />
Certification requirements of this section shall be waived for minor projects<br />
which have a negligible impact, and are non-controversial activities within three (3)<br />
months of the receipt of a completed application.<br />
(Effective May 26, 1996)<br />
2401-11-54 Effect of New Standards on Permitted Activity<br />
The Board shall review any project or activity wherever:<br />
(A) A license or permit was issued without certification due to the absence of applicable<br />
water quality standards;<br />
(B) Water quality standards applicable to the waters into which the licensed or permitted<br />
activity may discharge are subsequently established before the activity is completed;<br />
and,<br />
(C) The Board determines that such uncertified activity is violating water quality<br />
standards. (Effective May 26, 1996)<br />
ENFORCEMENT<br />
2401-11-55 Enforcement<br />
Any person in violation of any of the provisions of these regulations shall be subject to<br />
enforcement and court action under 24 PNC Sections 161 through 172, inclusive.<br />
(Effective May 26, 1996)<br />
168