Hawaii Administrative Code

(a) Sand beaches. (1) As used in this subsection: "Sand beaches" means shoreline composed of the weathered calcareous remains of marine algae and animals (white sand), the weathered remains of volcanic tuff (olivine), or the weathered remains of lava (black sand). Associated anim…

(a) These criteria are designed to protect the public from exposure to harmful levels of pathogens while participating in water-contact activities. The specific criteria for enterococcus shall be expressed in colony forming units (CFU) per one hundred milliliters or as a most pro…

(a) As used in this section, "zones of mixing" means limited areas around outfalls and other facilities to allow for the initial dilution of waste discharges. (b) Zones of mixing for the assimilation of domestic, agricultural, and industrial discharges which have received the bes…

It is the policy of the State that general permits shall comply, at a minimum, with federal requirements for general permits, especially 40 CFR § 122.28. Notes Haw. Code R. § 11-55-34.01 [Eff and comp 10/29/92; Eff and comp 09/23/96; am and comp 09/22/97; comp 01/06/01; comp 11/0…

(a) The director may adopt general permits. (b) The appendices located at the end of this chapter are adopted and incorporated by reference as general permits for the following applicable categories of sources: (1) Appendix B, titled "NPDES General Permit Authorizing Discharges o…

General permits shall be for terms of not more than five years. Notes Haw. Code R. § 11-55-34.03 [Eff and comp 10/29/92; Eff and comp 09/23/96; comp 09/22/97; comp 01/06/01; comp 11/07/02; comp 08/01/05; comp 10/22/07; comp JUN 15 2009] (Auth: HRS §§ 342D-4, 342D-5; 33 U.S.C. §§1…

(a) Discharges covered by general permits shall comply with the applicable sections of state water quality standards in chapter 11-54, and the applicable provisions of this chapter, including, but not limited to, sections 11-55-18, 11-55-19, 11-55-20, 11-55-21, 11-55-22, 11-55-23…

(a) Notwithstanding the provisions of a general permit, the director may require any person covered by a general permit to apply for and obtain an individual permit- Cases where an individual permit may be required include, but are not limited to, the following:(1) The discharger…

Notes Haw. Code R. § 11-55-34.06 [Eff and comp 10/29/92; am and comp 09/22/97; comp 01/06/01; comp 11/07/02; comp 08/01/05; comp 10/22/07; comp JUN 15 2009] (Auth: HRS §§ 342D-4, 342D-5; 33 U.S.C. §§1342, 1370, 1251-1387; 40 CFR §122.28) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-…

All discharges covered by a general permit shall receive treatment or corrective action to ensure compliance with the terms and conditions of the issued permit and with the following, whenever applicable: (1) Effluent limitations established by the EPA under Sections 301, 302, 30…

(a) Persons seeking coverage under a general permit shall submit a notice of intent, except for the point source discharges from the application of pesticides, if not required (refer to Appendix M). (b) A notice of intent shall: (1) Be submitted on forms provided by the director;…

(a) After receipt of a notice of intent, the director may notify the owner or operator or its duly authorized representative in writing that the notice of intent is complete or incomplete, whether the proposed activity or discharge(s) is covered under a general permit, or whether…

Any interested person may petition the director under section 91-8, HRS, for a declaratory ruling on whether an individual permit is required for, or a general permit covers, a discharge. The director's decision requiring a person to apply for an individual permit or excluding a …

A notice of general permit coverage and automatic coverage under section 11-55-34.09 (e)(2) may be revoked and/or terminated in accordance with section 11-55-34.05 or as determined by the director. Notes Haw. Code R. § 11-55-34.11 [Eff and comp 10/29/92; Eff and comp 09/23/96; am…

Any person who discharges under a general permit shall comply with section 11-55-34.04, all general permit standard conditions, all applicable special conditions, and all applicable additional notice of general permit coverage conditions. Notes Haw. Code R. § 11-55-34.12 [Eff and…

(a) The owner or operator, regional administrator, any interested agency, person, or group of persons may request or petition for a public hearing with respect to NPDES permit applications. Any request or petition for public hearing shall be submitted within the thirty day period…

(a) Public notice of any hearing held under section 11-55-13 shall be circulated as widely as the notice of the draft permit. Public notice for hearings held under section 11-55-13 shall be: (1) Published in accordance with section 1-28.5, HRS; (2) Sent to all persons and governm…

(a) The director may issue an NPDES permit for any period not exceeding five years and may renew a permit for any additional periods not exceeding five years. The director may administratively extend the permit until the effective date of the new permit for discharges that the pe…

(a) Each NPDES permit shall be subject to modification or revocation and reissuance by the director after notice and opportunity for a contested case hearing. (b) Permits may be modified for the reasons and under the procedures specified in 40 CFR §§ 122.62 and 122.63. (c) Permit…

(a) On the expiration date specified in the NPOES permit, the NPDES permit shall automatically terminate and the permittee shall be divested of all rights therein. (b) Each NPDES permit renewal application shall be subject to denial and each issued NPDES permit shall be subject t…

An NPOES permittee shall report within thirty days after the permanent discontinuance or dismantlement of that treatment works or waste outlet for which the NPDES permit had been issued by submitting a notice of cessation. Notes Haw. Code R. § 11-55-18 [Eff 11/27/81; comp 10/29/9…

(a) NPDES permits shall apply and ensure compliance with the following whenever applicable: (1) Effluent limitations under Sections 301 and 302 of the Act, 33 U.S.C. §§ 1311 and 1312; (2) Standards of performance for new sources; (3) Effluent standards, effluent prohibitions, and…

In the application of effluent standards and limitations, water quality standards, and other legally applicable requirements under section 11-55-19, each issued NPDES permit shall specify average and maximum daily quantitative limitations for the level of pollutants in the author…

(a) With respect to any discharge which is not in compliance with applicable effluent standards and limitations, applicable water quality standards, or other legally applicable requirements listed in section 11-55-19, the permit shall require the permittee to take specific steps …

(a) Either before or up to fourteen days following each interim date and the final date of compliance, the permittee shall provide the director with written notice of the permittee's compliance or noncompliance with the interim or final requirement. (b) On the last day of the mon…

In addition to the requirements previously specified, each permit shall be subject to the following terms and conditions: (1) All discharges authorized by the NPDES permit shall be consistent with the terms and conditions of the NPDES permit; (2) The permittee shall report at lea…

(a) Any county desiring to administer its own publicly owned treatment works pretreatment program shall submit to the director for approval a program description which shall at a minimum include the information set forth in 40 CFR § 403.9(a) or 403.9(c). (b) The director, upon re…

The director shall transmit to the regional administrator copies of NPDES permits proposed to be issued by the agency in a manner as the director and regional administrator shall agree upon or as stated in 40 CFR § 123.44(j). Any agreement between the State and regional administr…

The director shall transmit to the regional administrator a copy of every issued NPDES permit, immediately following issuance, along with any and all terms, conditions, requirements, or documents which are a part of the NPDES permit or which affect the authorization by the NPDES …

(a) The director shall review applications for reissuance of NPDES permits. Any permittee who wishes to continue to discharge after the expiration date of the permittee's NPOES permit shall submit for renewal of the permit at least three hundred sixty days prior to its expiration…

(a) Any discharge authorized by an NPDES permit may be subject to monitoring requirements as may be reasonably required by the director, including the installation, use, and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring method…

When any NPDES permit requires monitoring of the authorized discharge: (1) The permittee shall maintain records of all information resulting from any monitoring activities required by the NPDES permit; (2) Any records of monitoring activities and results shall include for all sam…

The director shall require periodic reporting (at a frequency of not less than once per year) on the proper NPDES discharge monitoring report form, or other form as specified by the director, of monitoring results obtained by a permittee under monitoring requirements in an NPDES …

(a) All sampling and testing shall be done in accordance with test procedures approved under 40 CFR Part 136 unless other test procedures have been specified in the permit or approved by the director and, when applicable, with guidelines establishing test procedures for the analy…

(a) There shall be no shut-down of water pollution treatment facilities for purposes of maintenance unless a schedule or plan for the maintenance has been submitted to and approved by the director prior to the shut-down. (b) In the case of a shut-down of water pollution control e…

(a) Any board or body which approves NPDES permit applications, notices of intent, or "no exposure" certifications, or portions thereof shall not include as a member any person who receives, or has during the previous two years received, a significant portion of the person's inco…

As used in sections 11-55-34.01 through 11-55-34.12: "Category of sources" means either: (1) Storm water point sources; or (2) A group of point sources other than storm water point sources if all sources in the group: (A) Involve the same or substantially similar types of operati…

Any person who violates any provision of this chapter or the terms or conditions of any permit issued under this chapter shall be subject to the penalties and remedies provided in chapter 342D, HRS. Notes Haw. Code R. § 11-55-35 [Eff 11/27/81; am and comp 10/29/92; Eff and comp 0…

Hearings before the director on any violations of these rules and appeals from any of the director's decisions shall comply with chapters 91 and 342D, HRS. Notes Haw. Code R. § 11-55-36 [Eff 11/27/81; am and comp 10/29/92; Eff and comp 09/23/96; am and comp 09/22/97; comp 01/06/0…

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the application of the provision to other persons or circumstances, and the remainder of this chapter, shall not be affected. Notes Haw. Code R. § 11-55-37 [Eff 11/27/81; comp 10/…

Notes Haw. Code R. § 11-55-38 [Eff and comp 11/07/02; comp 08/01/05; am and comp 10/22/07; R JUN 15 2009] (Auth: HRS ch. 6E, §§ 6E-1, 6E-42(a)) (Imp: HRS ch. 6E, §§ 6E-1, 6E-42(a)) [R 6/15/09]

(a) A person submitting an NPDES permit application shall explain in writing why the proposed action meets the public interest as defined in section 342D-6(g), HRS. The explanation shall address:(1) The environmental impact of the proposed action beside the water quality effects …

This section authorizes citations to effectively and quickly settle easily verifiable violations of chapter 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS.…

(a) Zones of mixing are defined and authorized for use in discharge permits in section 11-54-1. Zones of mixing allow for dilution of wastes before compliance with the applicable water quality criteria must be met. Zones of initial dilution are a subset of zones of mixing that ar…

(a) An intake credit is an NPOES implementation tool that applies to the implementation of water quality standards through NPOES permits only. (b) As used in this section: "Background pollutant concentration" means the water body concentration, regardless of whether those polluta…

As used in this chapter, unless the context clearly requires otherwise: "40 CFR" means the Code of Federal Regulations, Title 40, Protection of Environment, revised as of July 1, 2018 unless otherwise specified. "Activity" means the performance of functions, assumptions of risks,…

(a) In accordance with chapter 92F, HRS, the director shall ensure that any Water Pollution Prevention Plan developed under section 11-56-6 or information required, kept, or submitted under this chapter shall be available to the public for inspection and copying during establishe…

(a) A person regulated under this chapter shall allow the director to: (1) Enter and inspect any area to investigate an actual or suspected source of water pollution, to ascertain compliance or noncompliance with this chapter or any Nonpoint Source Order issued pursuant to this c…

(a) If the director determines that any person has violated or is violating this chapter, any requirement of this chapter, or any Nonpoint Source Order issued pursuant to this chapter, the director:(1) Shall cause written notice to be served upon the alleged violator or violators…

(a) Hearings before the director on any violations of this chapter and appeals from any of the director's decisions at the hearings shall comply with chapter 91, HRS, the department's rules of practice and procedure, and this chapter. (b) If any party is aggrieved by the decision…