reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-2 - General policy of section 401 water quality certifications

Current through June, 2024
(a)
				Section 401 of the Act provides that no license or permit can be issued to
				conduct any activity, including commencing construction or operation of a
				facility, that may result in a water pollutant discharge into state waters
				unless the State issues, waives, or does not require a section 401 water
				quality certification.
(b) The
				department is the state agency that may issue or waive a certification in
				accordance with this chapter. The director is authorized to act as a certifying
				agency, as defined in
				40
				CFR section
				121.1(e).
(c) An owner or operator of an activity or
				facility may request a section 401 water quality certification from the
				director by applying for certification in accordance with this
				chapter.
(d) A certification issued
				pursuant to this chapter is not a permit, but becomes an enforceable condition
				when incorporated into a license or permit. The licensing or permitting agency
				is responsible for enforcing a certification issued by the director for the
				activity or facility.
(e) The
				issuance or waiver of a certification does not absolve any person from
				complying with the requirements of applicable water quality standards. The
				director may take any enforcement action authorized under the Act or chapter
				342D, HRS, on water quality
				standards violations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-4 - Determination

Current through June, 2024
(a) The director shall act on an application
				within sixty days of acknowledging receipt of a complete application.
Acting on an application means:
(1) Issuing, reissuing, revoking and
				reissuing, modifying, denying, or initiating public notice of the
				certification;
(2) Notifying the
				certifying person and federal licensing or permitting agency that the director
				requires additional time to process the application; or
(3) Waiving the State's authority to issue a
				certification by notifying the certifying person and the federal licensing or
				permitting agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-5 - Public notice and hearing

Current through June, 2024
(a) The director
				may provide or require the applicant to provide opportunity for public comment
				or hearing(s), or both, to consider issuance of a certification.
Public notice procedures shall include at least the
				  following:
(1) Notice shall be
				circulated within the geographical areas covered by the proposed certification.
				Circulation includes any or all of the following:
(A) Posting in the post office and public
				places of the municipality nearest the location of the activity or
				facility;
(B) Posting near the
				activity or entrance to the facility, and in nearby places;
(C) Publishing in local newspapers and
				periodicals, or, if appropriate, in a daily newspaper of general circulation;
				or
(D) Published on a publicly
				available department website.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-6 - Certification

Current through June, 2024
(a) A certification issued by the director
				shall include:
(1) The certifying person's
				legal name and street address, and the owner's and operator's corresponding
				information if different from the certifying person;
(2) A statement that asserts that when all
				requirements and conditions contained in the certification are fully complied
				with, there is reasonable assurance that the activity will be conducted in a
				manner which will not violate applicable water quality standards and applicable
				provisions of sections 301, 302, 303, 306, and 307 of the Act;
(3) The term of the certification, which
				shall not exceed five years; provided, that the director may administratively
				extend the expiration date of the section 401 WQC upon written request from the
				certifying person;
(4) Any
				condition which the director considers necessary or desirable with respect to
				the discharge resulting from an activity or facility, including the general
				conditions set forth in section
				11-53-7;
				and
(5) Other information the
				director determines to be appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-7 - General conditions

Current through June, 2024
The owner and operator of an activity or facility for which a
				  certification is issued shall comply with the following conditions:
(1) Report to the federal licensing or
				permitting agency any non-compliance with the conditions of the issued
				certification;
(2) Maintain records
				at the activity or facility site or in a nearby field office demonstrating that
				all certification requirements have been fully complied with;
(3) Ensure that all activities are conducted
				or facilities operated in a manner that will comply with all applicable state
				water quality standards in chapter
				11-54;
(4) Ensure that all material (s) placed or to
				be placed in state waters are free of waste metal products, organic materials,
				debris, and any pollutants in concentrations toxic or potentially hazardous to
				aquatic life as specified in section
				11-54-4;
(5) Ensure that the activities will not
				permanently interfere with or adversely impact any designated uses or existing
				uses, or both, of the receiving state water. Any permanent interference with or
				adverse impacts to the designated uses or existing uses, or both, of the
				receiving state water is a violation of chapter
				11-54;
(6) Ensure that pollution control measures
				and BMPs that prevent water pollutants from leaving the in-water work area
				authorized by the federal licensing or permitting agency are utilized. Any
				chemical or visual plume emanating from the authorized in-water work area is a
				violation of chapter
				11-54;
(7) Ensure that:
(A) No construction material or
				construction-related materials shall be stockpiled in the aquatic environment
				or stored or placed in ways that will disturb the aquatic environment;
(B) All construction debris shall
				be contained and prevented from entering or reentering state waters;
(C) All construction debris from any portion
				of the activity that may generate debris that may float in the state water,
				create a plume, or travel with the current shall be collected, including debris
				caused by using hydraulic saws, water jets, or drilling equipment;
				and
(D) All construction debris
				shall be removed from the aquatic environment and disposed of at an upland site
				in accordance with state or county, or both, approvals;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-8 - Right to inspect

Current through June, 2024
The department may enter and inspect any activity or facility
				  in accordance with section
				  342D-8,
				  HRS, before, during, or after, or any combination thereof, any activity,
				  construction, or facility operation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-9 - Modification

Current through June, 2024
(a) At the request of the certifying person
				or at the director's initiative, the director may modify, revoke, or revoke and
				reissue an issued certification under the following circumstances:
(1) Alterations or modifications to the
				activity or facility that will result in or have the potential to result in
				significant alteration in the nature or quantity of permitted materials to be
				stored, processed, discharged, emitted, or disposed of by the owner or
				operator;
(2) The director receives
				information previously unavailable to the department that shows that the terms
				and conditions of the certification do not accurately represent the actual
				circumstances relating to the activity or facility;
(3) The State or federal government
				promulgates a new or amended pollution standard, limitation, or effluent
				guideline that is applicable to the activity or facility;
(4) A court of competent jurisdiction
				invalidates or modifies a State or federal statute or rule or federal guideline
				upon which a condition of the certification is based;
(5) The director finds that the activity or
				facility endangers human health or the environment and that a change in the
				conduct of the activity or operation of the facility would remove the danger to
				human health or the environment; or
(6) The director finds that the applicant
				falsified information on the application or did not disclose relevant
				information in the application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-10 - Revocation

Current through June, 2024
(a) Under the following circumstances, the
				director can revoke an issued certification without reissuance after holding a
				public hearing and notifying the federal licensing or permitting agency:
(1) The federal license or permit or the
				federal licensing or permitting agency authorizes the activity in a manner
				inconsistent with the actual operation or construction of the activity or
				facility;
(2) Since the
				certification was issued, changes in conditions regarding the activity or
				facility or affected state waters affect or might affect compliance with water
				quality standards and requirements;
(3) Unresolved noncompliance with applicable
				State and federal pollution statutes and rules or a condition of the
				certification at the activity or facility exists, where the owner or operator
				refuses to resolve the noncompliance;
(4) Certification conditions are
				violated;
(5) Water quality
				standards, applicable federal law, or other appropriate requirements of state
				law have changed since the certification was issued;
(6) The applicant failed to fully disclose
				any facts relevant to issuing the certification or submitted false or
				misleading information to the department or the director;
(7) The director finds that the activity or
				facility endangers human health or the environment and that the danger cannot
				be removed by modifying the certification conditions certification;
				or
(8) The permittee has failed to
				comply with certain requirements or has failed to pay a penalty owed under
				certain statutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-11 - Review and advice

Current through June, 2024
The director may, and upon request shall, provide federal
				  licensing and permitting agencies with determinations, definitions, and
				  interpretations of the meaning and content of state water quality standards.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-12 - Activities that do not require certification

Current through June, 2024
(a) The director
				may determine activities that qualify for a certification waiver or that do not
				require a certification. Activities with a certification waiver or that do not
				require a certification must still comply with water quality
				standards.
(b) Certification for an
				activity shall be waived if the director fails to notify the certifying person
				of a deficient application per section
				11-53-3(b);
				or
(c) Reconstruction, restoration,
				repair, or reuse of any Hawaiian fishpond by any person who has received notice
				of authorization to proceed as set forth in section
				342D-6.5(b),
				HRS shall not require a certification.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-13 - After-the-fact activities

Current through June, 2024
(a) If an activity
				is initiated without a certification, the director may issue or waive the
				certification for portions of the activity that were not initiated. No
				certification or waiver shall retroactively apply to any portion of an activity
				that has already occurred.
(b) If
				an activity is completed the director may not issue or waive a certification.
				No certification or waiver shall retroactively cover an activity that has
				already occurred.
(c) The
				department may notify the federal licensing or permitting agency enforcing the
				after-the-fact activity that certification is not required so that enforcement
				actions may proceed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 53 - SECTION 401 WATER QUALITY CERTIFICATIONS › Section 11-53-14 - Severability

Current through June, 2024
If any provisions of this chapter, or the application thereof
				  to any person or circumstances, is held invalid, the invalidity does not affect
				  other provisions or application of this chapter which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-02 - General policy of water pollution control

Current through June, 2024
(a) It is
				the public policy of this State:
(1) To
				conserve State waters;
(2) To
				protect, maintain, and improve the quality of State waters:
(A) For drinking water supply, and food
				processing;
(B) For the growth,
				support, and propagation of shellfish, fish, and other desirable species of
				marine and aquatic life;
(C) For
				oceanographic research;
(D) For the
				conservation of coral reefs and wilderness areas; and
(E) For domestic, agricultural, industrial,
				and other legitimate uses;
(3) To provide that no waste be discharged
				into any State waters without first being given the degree of treatment
				necessary to protect the legitimate beneficial uses of the waters;
(4) To provide for the prevention, abatement,
				and control of new and existing water pollution; and
(5) To cooperate with the federal government
				in carrying out the objectives listed in paragraphs (1) through (4).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-05 - Receipt of federal information

Current through June, 2024
The director shall receive any relevant information collected
				  by the regional administrator prior to participation in the NPDES in a manner
				  as the director and the regional administrator shall agree. Any agreement
				  between the director and the regional administrator shall provide for at least
				  the following:
(1) Prompt transmittal
				to the director from the regional administrator of copies of any NPDES permit
				applications, or other relevant information collected by the regional
				administrator prior to the state or interstate agency's participation in the
				NPDES; and
(2) A procedure to
				ensure that the director will not issue an individual permit on the basis of
				any NPDES permit application received from the regional administrator which the
				regional administrator has identified as incomplete or otherwise deficient
				until the director has received information sufficient to correct the
				deficiency to the satisfaction of the regional administrator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-06 - Transmission of information to regional administrator

Current through June, 2024
The director shall transmit to the regional administrator
				  copies of NPDES forms received by the State in a manner as the director and
				  regional administrator shall agree. Any agreement between the State and the
				  regional administrator shall provide for at least the following:
(1) Prompt transmittal to the regional
				administrator of a complete copy of any NPDES form received by the
				State;
(2) Procedures for the
				transmittal to the national data bank of a complete copy, or relevant portions
				thereof, of any appropriate NPDES forms received by the State;
(3) Procedures for acting on the regional
				administrator's written waiver, if any, of the regional administrator's rights
				to receive copies of NPDES forms with respect to classes, types, and sizes
				within any category of point sources and with respect to minor discharges or
				discharges to particular State waters or parts thereof subject to the limits in
				40 CFR
				§
										123.24(d);
(4) An opportunity for the regional
				administrator to object in writing to deficiencies in any NPDES permit
				application or reporting form received by the regional administrator and to
				have the deficiency corrected. If the regional administrator's objection
				relates to an NPDES permit application, the director shall send the regional
				administrator any information necessary to correct the deficiency and shall, if
				the regional administrator so requests, not issue the individual permit until
				the department receives notice from the regional administrator that the
				deficiency has been corrected;
(5)
				Procedures for the transmittal, if requested by the regional administrator, of
				copies of any notice received by the director from publicly owned treatment
				works under section 11-55-23(7) and 11-55-23(8); and
(6) Variance applications shall be processed
				in accordance with the procedures set forth in section
				342D-7, HRS, and
				40 CFR
				§§
										122.21(m) through
				(o),
				124.62, and
				403.13.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-07 - Identity of signatories to NPDES forms

Current through June, 2024
(a) Any NPDES form
				and its certification, as stated in
				40
				CFR §
										122.22(d),
				submitted to the director shall be signed as follows:
(1) For a corporation. By a responsible
				corporate officer. For the purpose of this section, a responsible corporate
				officer means:
(A) A president, secretary,
				treasurer, or vice-president of the corporation in charge of a principal
				business function, or any other person who performs similar policy- or
				decision-making functions for the corporation, or
(B) The manager of one or more manufacturing,
				production, or operating facilities, provided, the manager is authorized to
				make management decisions which govern the operation of the regulated facility
				including having the explicit or implicit duty of making major capital
				investment recommendations, and initiating and directing other comprehensive
				measures to assure long term environmental compliance with environmental laws
				and regulations; the manager can ensure that the necessary systems are
				established or actions taken to gather complete and accurate information for
				permit application requirements; and where authority to sign documents has been
				assigned or delegated to the manager in accordance with corporate procedures;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-08 - Population of tentative determinations and draft permit

Current through June, 2024
(a)
				The director shall formulate and prepare tentative staff determinations with
				respect to an NPDES permit application in advance of public notice of the
				proposed issuance or denial of an individual permit. Tentative determinations
				shall include at least the following:
(1) A
				proposed determination, including those contained in
				40
				CFR §
											122.44(m) if
				applicable, to issue or deny an individual permit for the discharge described
				in the NPDES permit application; and
(2) If the determination is to issue the
				individual permit, the following additional tentative determinations:
(A) Proposed effluent limitations, identified
				under sections 11-55-19 and 11-55-20 for those pollutants proposed to be
				limited;
(B) A proposed schedule of
				compliance, if required, including interim dates and requirements, for meeting
				the proposed effluent limitations, identified under sections 11-55-21 and
				11-55-22;
(C) Monitoring
				requirements identified under sections 11-55-28, 11-55-29, and 11-55-30;
				and
(D) A brief description of any
				other proposed special conditions (other than those required in section
				11-55-23) which will have a significant impact upon the discharge described in
				the NPOES permit application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-09 - Public notice of applications

Current through June, 2024
(a) The director
				shall notify the public of every complete application for an individual permit
				in a manner designed to inform interested and potentially interested persons of
				the proposed discharge and of the proposed determination to issue an individual
				permit for the proposed discharge. Public notification of an application for a
				variance from an individual permit, under Section 316(a) of the Act,
				33 U.S.C. §
										1326(a), and section 342D-7,
				HRS, shall also comply with the requirements contained in
40
CFR §124.57(a). Public notice procedures shall include at least the
				following:
(1) Notice shall comply with
				section
				1-28.5,
				HRS;
(2) Notice shall be mailed or
				emailed to any person or group upon request and the persons listed in
				40 CFR
				§§
											124.10(c)(1)(i) through
				(v); and
(3) The director shall add the name of any
				person, including those specified in
				40 CFR
				§§
											124.10(c) (1) (ix) and
				(x), or group upon request to a mailing list
				to receive copies of notices for all NPDES permit applications within the State
				or within a certain geographical area.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-10 - Fact sheet

Current through June, 2024
(a) The director shall prepare a fact sheet
				for every draft permit for a major facility or activity, for every class I
				sludge management facility, for every draft permit that incorporates a variance
				or requires an explanation under
				40
				CFR §
										124.56(b), and
				for every draft permit which the director finds is the subject of widespread
				public interest or raises major issues. The director shall send the fact sheet
				to the owner or operator, its authorized representative, and, upon request, to
				any other person.
(b) Fact sheets
				shall include at least the following information:
(1) A sketch or detailed description of the
				location of the discharge described in the NPOES permit application; a brief
				description of the type of facility or activity which is the subject of the
				draft permit;
(2) A quantitative
				description of the discharge described in the NPDES permit application which
				includes at least the following:
(A) The rate
				or frequency of the proposed discharge; if the discharge is continuous, the
				average daily flow in gallons per day or million gallons per day or cubic feet
				per second;
(B) For thermal
				discharges subject to limitation under the Act, the average summer and winter
				temperatures in degrees Fahrenheit or Celsius; and
(C) The average daily discharge in pounds per
				day of any pollutants which are present in significant quantities or which are
				subject to limitations or prohibition under Sections 301, 302, 306, or 307 of
				the Act,
				33 U.S.C. §§
												1311,
				1312,
				1316
				or
				1317,
				and regulations published under those sections;
(3) The tentative determinations required
				under section 11-55-08;
(4) A brief
				citation, including a brief identification of the uses for which the receiving
				State waters have been classified, of the water quality standards, and effluent
				standards and limitations applied to the proposed discharge;
(5) A more detailed description of the
				procedures for the formulation of final determinations than that given in the
				public notice including:
(A) The thirty-day
				comment period required by section 11-55-09(b);
(B) Procedures for requesting a public
				hearing and the nature thereof; and
(C) Any other procedures by which the public
				may participate in the formulation of the final determinations;
(6) The name and telephone number
				of a person to contact for additional information; and
(7) The information required by 40 C FR
				§§124.8(b) (5 ), 124.56 (a), 124.56(b), 124.56(c), 124.56(e), and
				Part 125, subpart M.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-11 - Notice to other government agencies

Current through June, 2024
(a) The director
				shall notify other appropriate government agencies of each complete NPDES
				permit application for an individual permit and shall provide the agencies an
				opportunity to submit their written views and recommendations.
(b) When notifying the public under section
				11-55-09, a fact sheet shall be transmitted to the appropriate District
				Engineer of the Army Corps of Engineers of NPDES permit applications for
				discharges into State waters.
(c)
				The director and the District Engineer for each Corps of Engineers district
				within the State or interested area may arrange for:
(1) Waiver by the District Engineer of the
				District Engineer's right to receive fact sheets with respect to classes,
				types, and sizes within any category of point sources and with respect to
				discharges to particular State waters or parts thereof; and
(2) Any procedures for the transmission of
				forms, period for comment by the District Engineer (e.g., thirty days), and for
				objections of the District Engineer.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-12 - Public access to information

Current through June, 2024
(a) In accordance
				with chapter
				2-71, the director shall ensure that
				any NPDES forms (including the draft permit prepared under section
				11-55-0S(b)), any public comment upon those forms under section 11-55-09(b), or
				information required, kept, or submitted under section 11-55-24 shall be
				available to the public for inspection and copying during established office
				hours. The director, at the director's discretion, may also make available to
				the public any other records, reports, plans, or information obtained by the
				state agency under its participation in NPDES.
(b) The director shall protect any
				information (other than effluent data) as confidential upon a request and
				showing by any person at the time of submission that the information, if made
				public, would divulge methods or processes entitled to protection as trade
				secrets of a person. Any information obtained from a state and subject to a
				claim of confidentiality shall be treated in accordance with the regulations in
				40 CFR Part 2 and section
				92F-13,
				HRS. Claims of confidentiality shall be denied regarding the following: name
				and address of any owner or operator or permittee applying for an individual
				permit, notice of general permit coverage, or "no exposure" certification;
				NPDES permits; and effluent data. Information required by NPDES permit
				application forms may not be claimed confidential. This includes information
				supplied in attachments to the NPDES permit application forms. If, however, the
				information being considered for confidential treatment is contained in an
				NPDES form, the director shall forward the information to the regional
				administrator for the regional administrator's concurrence in any determination
				of confidentiality. If the regional administrator advises the director that the
				regional administrator does not concur in the withholding of the information,
				the director shall then make available to the public, upon request, that
				information determined by the regional administrator not to constitute trade
				secrets.
(c) Any information
				accorded confidential status, whether or not contained in an NPDES form, shall
				be disclosed, upon request, to the regional administrator, who shall maintain
				the disclosed information as confidential.
(d) The director shall provide facilities for
				the inspection of information relating to NPDES forms and shall ensure that
				state employees honor requests for inspection with due regard for the dispatch
				of other public duties. The director shall either:
(1) Ensure that a machine or device for the
				copying of papers and documents is available for a reasonable fee; or
(2) Otherwise provide for or coordinate with
				copying facilities or services so that requests for copies of nonconfidential
				documents may be honored promptly.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-13 - Public hearings

Current through June, 2024
(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 prescribed in section 11-55-09 (b) and
				shall indicate the interest of the party submitting the request and the reasons
				why a hearing is warranted.
(b) The
				director shall provide the public notice of public hearing to the owner or
				operator or its duly authorized representative for publication according to
				section 11-55-14. The public notice shall include the information required by
				40 CFR
				§§
										124.10(d)(1) and
				(d)(2).
(c) The director shall hold a hearing if the
				director determines that there is a significant public interest (including the
				submitting of requests or petitions for a hearing) in holding a hearing.
				Instances of doubt should be resolved in favor of holding the hearing. Any
				hearing brought under this subsection shall be held in the geographical area of
				the proposed discharge or other appropriate area, at the director's discretion,
				and may, as appropriate, consider related groups of NPDES permit
				applications.
(d) Any person may
				submit oral or written statements and data concerning the draft permit,
				provided that persons submitting oral statements also submit a written copy of
				their oral statements prior to the end of the public comment period. The public
				comment period under section 11-55-09 shall automatically be extended to the
				close of any public hearing under this section. The hearing officer may also
				extend the comment period by so stating at the hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-14 - public notice of public hearings

Current through June, 2024
(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
				government agencies which received a copy of the notice or the fact sheet for
				the NPDES permit application;
(3)
				Mailed or emailed to any person or group upon request and the persons listed in
				40 CFR
				§§
											124.10(c) (1)(i) through (v), (ix), and
				(x); and
(4) Effected under paragraphs (1) and (3) at
				least thirty days
in
advance of the hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-15 - Issuance of NPDES pewits

Current through June, 2024
(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 permit covered prior to expiration. If the director
				administratively extends the permit, all permit limitations and conditions
				remain in force and effect. Projects that do not submit a renewal NPDES
				application prior to the expiration date may not be administratively
				extended.
(b) The director shall
				issue or renew an NPDES permit on the following basis:
(1) The existing treatment works or waste
				outlet is designed, built, and equipped in accordance with:
(A) The best practicable control technology
				currently available or the best available technology economically achievable or
				the best conventional pollutant control technology for point sources other than
				publicly owned treatment works; and
(B) For publicly owned treatment works,
				secondary treatment or the best practicable waste treatment technology, so as
				to reduce wastes to a minimum;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-16 - Modification or revocation and reissuance of NPDES permits

Current through June, 2024
(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) Permits may be revoked and reissued for
				the reasons and under the procedures specified in
				40
				CFR §
										122.62.
(d) The procedures and criteria for minor
				permit modifications are those specified in
				40 CFR §
										122.63.
(e) All applications made under section
				342D-7, HRS, for a
				variance from the terms and conditions of an NPDES permit shall also be deemed
				as applications for a modification under this section. Any variances, if
				granted, shall be for a period not to exceed five years.
(f) Changes from paper to electronic
				reporting requirements including those specified in 40 CFR Part 3 (Cross-Media
				Electronic Reporting Regulation) and 40 CFR Part 127 (Electronic Reporting
				Requirements for the NPDES Program) may be incorporated by minor modification
				as defined in
				40 CFR
				122.63.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-17 - Termination of pewits and denial of renewal

Current through June, 2024
(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 to termination by the director after notice and opportunity
				for a contested case hearing.
(c)
				The following are causes for terminating a permit during its term or for
				denying a permit renewal application:
(1)
				Noncompliance by the permittee with any condition of the permit;
(2) The permittee's failure in the
				application or during the permit issuance process to disclose fully all
				relevant facts, or the permittee's misrepresentation of any relevant facts at
				any time;
(3) A determination that
				the permitted activity endangers human health or the environment and can only
				be regulated to acceptable levels by permit modification or termination;
				or
(4) A change in any condition
				that requires either a temporary or permanent reduction or elimination of any
				discharge or sludge use or disposal practice controlled by the permit (for
				example, plant closure or termination of discharge by connection to a publicly
				owned treatment works).
(5) The
				permittee's failure to comply with enforcement orders associated with the
				applicable NPDES permit.
(6) The
				permittee's failure to pay penalties or fees, as required by law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-18 - Reporting discontinuance or dismantlement

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-20 - Effluent limitations in issued NPDES permits

Current through June, 2024
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 authorized
				  discharge in terms of weight (except pH, temperature, radiation, and any other
				  pollutants not appropriately expressed by weight). The director, at the
				  director's discretion, in addition to the specification of daily quantitative
				  limitations by weight, may specify other limitations, such as average or
				  maximum concentration limits.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-21 - Schedule of compliance in issued NPDES permits

Current through June, 2024
(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 to achieve compliance with the following:
(1) In accordance with any legally applicable
				schedule of compliance contained in:
(A)
				Applicable effluent standards and limitations;
(B) If more stringent, effluent standards and
				limitations needed to meet water quality standards; or
(C) If more stringent, effluent standards and
				limitations needed to meet legally applicable requirements listed in section
				11-55-19; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-22 - Compliance schedule reports

Current through June, 2024
(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 months of February, May, August, and November, the director shall transmit
				to the regional administrator a Quarterly Noncompliance Report (QNCR) which is
				a list of all instances, as of thirty days prior to the date of the report, of
				failure or refusal of a permittee to comply with an interim or final
				requirement or to notify the director of compliance or noncompliance with each
				interim or final requirement (as required under subsection (a). The list shall
				be available to the public for inspection and copying and shall contain at
				least the following information with respect to each instance of noncompliance:
(1) Name, address, and permit number of each
				noncomplying permittee;
(2) A short
				description of each instance of noncompliance for which
				40 CFR §
											123.45(a) (2) requires
				reporting (e.g., failure to submit preliminary plans; two weeks delay in
				beginning construction of treatment facility; failure to notify director of
				compliance with interim requirement to complete construction by June 30th,
				etc.);
(3) The date(s) and a short
				description of any actions or proposed actions by the permittee or the director
				to comply or enforce compliance with the interim or final requirement;
				and
(4) Any details which tend to
				explain or mitigate an instance of noncompliance with an interim or final
				requirement (e.g., construction delayed due to materials shortage, plan
				approval delayed by objection from state fish and wildlife agency,
				etc.).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-23 - Other terms and conditions of issued NPDES pewits

Current through June, 2024
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 least as required by
				40
				CFR §
										122.41(1), and
				where applicable,
				40
				CFR §
										122.42(a), (b), (c), (d), and
				(e);
(3) Facility expansions, production increase,
				or process modifications which result in new or increased discharges of
				pollutants shall be reported by submission of a new NPDES permit application,
				or, if the discharge does not violate effluent limitations specified in the
				NPDES permit, by submission to the director of notice of the new or increased
				discharges of pollutants under
				40
				CFR §
										122.42(a);
(4) The discharge of any pollutant more
				frequently than or at a level in excess of that identified and authorized by
				the NPDES permit shall constitute a violation of the terms and conditions of
				the NPDES permit;
(5) The permittee
				shall allow the director or an authorized agent, including a contractor of the
				Administrator, upon the presentation of credentials to:
(A) Enter the permittee's premises in which
				an effluent source is located or in which any records are kept under terms and
				conditions of the NPDES permit;
(B)
				Have access to and copy any records kept under terms and conditions of the
				NPDES permit;
(C) Inspect any
				facilities, equipment (including monitoring and control equipment), practices,
				or operations regulated or required under the NPDES permit; or
(D) Sample or monitor at reasonable times,
				for the purposes of assuring permit compliance or as otherwise authorized by
				the Act, any substances or parameters at any location;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-24 - National pretreatment standards and users of publicly owned treatment works

Current through June, 2024
(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 receipt of the request
				for an approval of a pretreatment program, shall review and decide on the
				request in accordance with procedures described in
				40
				CFR §
										403.11.
(c) Any person discharging any pollutant or
				effluent into a publicly owned treatment works shall permit the director, upon
				presentation of credentials, to:
(1) Enter
				the premises of a person subject to pretreatment requirements in which an
				effluent source is located or in which any records are kept under terms and
				conditions of a pretreatment requirement;
(2) Inspect any facilities, equipment
				(including monitoring and control equipment), practices, or operations required
				by a pretreatment requirement; and
(3) Sample any discharge of pollutants or
				effluent.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-25 - Transmission to regional administrator of proposed NPDES permits

Current through June, 2024
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 administrator shall provide for at least the
				  following:
(1) Except as waived under
				paragraph (4), the transmission by the director of any and all terms,
				conditions, requirements, or documents which are a part of the proposed NPDES
				permit or which affect the authorization by the proposed NPDES permit of the
				discharge of pollutants;
(2) A
				period of time (up to ninety days) in which the regional administrator, under
				any right to object provided in Section 402(d) of the Act,
				33 U.S.C. §
										1342 (d}, may comment upon, object to, or
				make recommendations with respect to the proposed NPDES permit;
(3) Procedures for state acceptance or
				rejection of a written objection by the regional administrator; and
(4) Any written waiver by the regional
				administrator of the regional administrator's rights to receive, review, object
				to, or comment upon proposed NPDES permits for classes, types, or sizes within
				any category of point sources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-26 - Transmission to regional administrator of issued NPDES permits

Current through June, 2024
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 permit of the
				  discharge of pollutants.