HAR §11-54-3. The uses to be protected in class 1

a waters are scientific and educational purposes, protection of native breeding stock, baseline references from which human-caused changes can be measured, compatible recreation, aesthetic enjoyment, and other nondegrading uses which are compatible with the protection of the ecosystems associated with waters of this class; (B) Class 1.b. The uses to be protected in class 1.b waters are domestic water supplies, food processing, protection of native breeding stock, the support and propagation of aquatic life, baseline references from which human-caused changes can be measured, scientific and educational purposes, compatible recreation, and aesthetic enjoyment. Public access to these waters may be restricted to protect drinking water supplies; (2) Class 2. The objective of class 2 waters is to protect their use for recreational purposes, the support and propagation of aquatic life, agricultural and industrial water supplies, shipping, and navigation. The uses to be protected in this class of waters are all uses compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation in and on these waters. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment or control compatible with the criteria established for this class. No new treated sewage discharges shall be permitted within estuaries. No new industrial discharges 54-16 3435 §11-54-3 shall be permitted within estuaries, with the exception of: (A) Acceptable non-contact thermal and drydock or marine railway discharges within Pearl Harbor, Oahu; (B) Storm water discharges associated with industrial activities (defined in title 40 Code of Federal Regulations sections 122.26(b)(14) and (b)(15), except (b)(15)(i)(A) and (b)(15)(i)(B)) which meet, at the minimum, the basic water quality criteria applicable to all waters as specified in section 11-54-4(a), and all applicable requirements specified in chapter 11-55; and (C) Discharges covered by a National Pollutant Discharge Elimination System (NPDES) general permit, approved by the EPA and issued by the department in accordance with title 40 Code of Federal Regulations section 122.28 and all applicable requirements specified in chapter 11-55. (c) Marine waters. (1) Class AA. It is the objective of class AA waters that these waters remain in their natural pristine state as nearly as possible with an absolute minimum of pollution or alteration of water quality from any human-caused source or actions. To the extent practicable, the wilderness character of these areas shall be protected. No zones of mixing shall be permitted in this class: (A) Within a defined reef area, in waters of a depth less than ten fathoms (eighteen meters); or (B) In waters up to a distance of three hundred meters (one thousand feet) offshore if there is no defined reef 54-17 3435 1 §11-54-3 area and if the depth is greater than ten fathoms (eighteen meters). The uses to be protected in this class of waters are oceanographic research, the support and propagation of shellfish and other marine life, conservation of coral reefs and wilderness areas, compatible recreation, and aesthetic enjoyment. The classification of any water area as Class AA shall not preclude other uses of the waters compatible with these objectives and in conformance with the criteria applicable to them; (2) Class A. It is the objective of class A waters that their use for recreational purposes and aesthetic enjoyment be protected. Any other use shall be permitted as long as it is compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation in and on these waters. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment or control compatible with the criteria established for this class. No new sewage discharges shall be permitted within embayments. No new industrial discharges shall be permitted within embayments, with the exception of: (A) Acceptable non-contact thermal and drydock or marine railway discharges, in the following water bodies: (i) Honolulu Harbor, Oahu; (ii) Barbers Point Harbor, Oahu; (iii) Keehi Lagoon Marina Area, Oahu; (iv) Ala Wai Boat Harbor, Oahu; and (v) Kahului Harbor, Maui; (B) Storm water discharges associated with industrial activities (defined in title 40 Code of Federal Regulations sections 54-18 3435