Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix G - NPDES GENERAL PERMIT AUTHORIZING DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY DEWATERING

Current through June, 2024
1. Coverage under this General Permit
(a) This general permit covers discharges from the dewatering
				  process of construction activities of any size, including treated storm water
				  discharges, upon compliance with the applicable general permit
				  requirements.
(b) This general permit covers all areas of the State except
				  for discharges into natural freshwater lakes, saline lakes, and anchialine
				  pools.
2. Limitations on Coverage under this General Permit
(a) This general permit does not cover the following:
(1) Discharges of construction dewatering effluent into a
				  sanitary sewer system;
(2) Storm water discharges associated with construction
				  activities for which the director has issued a notice of general permit
				  coverage under another general permit;
(3) Return flow or overflow from dredged material dewatering
				  process that are regulated by the U.S. Army Corps of Engineers under Section
				  404 of the Act;
(4) Discharges of construction dewatering effluent which
				  initially enter separate storm water drainage systems, unless a permit,
				  license, or equivalent written approval is granted by the owner(s) of the
				  drainage system(s) allowing the subject discharge to enter their drainage
				  system(s); except if the permittee is the owner of the drainage system;
(5) Discharges of construction dewatering effluent that is
				  subject to the general permit specified in appendix D of chapter 11-55;
				  and
(6) Discharges of construction dewatering effluent that the
				  director finds more appropriately regulated under an individual permit.
(b) The director may require any permittee authorized by this
				  general permit to apply for and obtain an individual permit, in accordance with
				  sections
				  11-55-34.05
				  and
				  11-55-34.10.
3. Term of General Permit
(a) This general permit becomes effective ten days after
				  filing with the office of the lieutenant governor.
(b) A notice of general permit coverage under this general
				  permit expires:
(1) Four years after the effective date of this general
				  permit;
(2) When the notice of general permit coverage specifies;
				  or
(3) When amendments to section
				  11-55-34.02(b)(6)
				  are adopted,
whichever is earliest, unless the notice of general permit
				  coverage is administratively extended under section
				  11-55-34.09(d).
4. Notice of Intent Requirements
(a) The owner or its duly authorized representative shall
				  submit a complete notice of intent no later than thirty days before the
				  proposed starting date of the discharge or thirty days before the expiration
				  date of the applicable notice of general permit coverage.
(b) The owner or its duly authorized representative shall
				  include the following information in the notice of intent:
(1) Information required in section 34 of appendix A of
				  chapter 11-55;
(2) Legal name, street address, telephone and fax numbers,
				  and contact person(s) for the designer(s) of the dewatering or treatment
				  facility(ies) or both;
(3) Site characterization report including the history of the
				  land use at the proposed construction site and surrounding area, the potential
				  pollution source(s) at the proposed construction site and surrounding area, the
				  potential pollutant(s) present at the proposed construction site and
				  surrounding area, any proposed corrective measures, and pollutants that may be
				  in the discharge;
(4) Brief description of the project including the total
				  disturbance area of the project; the portion of the project involving
				  construction dewatering; an estimated timetable for major activities (including
				  the date when the contractor will begin site disturbance); the date when the
				  contractor will begin the construction dewatering process; estimates of the
				  quantity, rate, and frequency of the proposed discharges; and the time frame of
				  the proposed discharges;
(5) An analysis of the source water quality as specified by
				  the director. The source water quality data may be collected from sites allowed
				  by the director. The analysis shall:
(A) Include an explanation addressing the selection of the
				  toxic pollutants provided and an evaluation of the source water quality data
				  collected with respect to the applicable numeric criteria and numeric standards
				  for the toxic pollutants specified under section
				  11-54-4,
(B) Be based on the history of the land use as reported in
				  paragraph 4(b)(3) or as believed to be present in the discharge,
(C) Use test methods as specified in section 6(a)(4)(B),
				  and
(D) Be submitted to the director with the notice of
				  intent;
(6) Site-specific dewatering plan designed to comply with the
				  basic water quality criteria specified under chapter 11-54. The plan shall
				  include the pumping devices to be used, their pumping capacity, and the number
				  of devices to be used; treatment design; design concerns; calculations used in
				  the treatment design; and proposed mitigative measures. For discharges to Class
				  AA or Class 1 waters, the site-specific dewatering plan shall be submitted with
				  the notice of intent. For discharges to Class A or Class 2 waters, the
				  site-specific dewatering plan shall be submitted to the director with the
				  notice of intent or thirty days before the start of construction dewatering
				  activities. The plan, and all subsequent revisions, shall be retained on-site
				  or at a nearby field office;
(7) Dewatering system maintenance plan to ensure that the
				  dewatering effluent discharge will meet conditions of this general permit,
				  basic water quality criteria, and applicable specific water quality parameters.
				  The dewatering system maintenance plan shall include:
(A) Schedule of activities,
(B) Operation and maintenance procedures to prevent or reduce
				  the pollution of state waters, including:
(i) Responsible field person of the system, by title or name;
(ii) Operations plan;
(iii) Maintenance scheduling or action criteria;
(iv) Maintenance program;
(v) Sediment handling and disposal plan;
(vi) Monitoring and visual inspection program;
(vii) Cessation of discharge plan; and
(viii) Effluent control plan, and
(C) Treatment requirements.
For discharges to Class AA or Class 1 waters, the
				  site-specific dewatering system maintenance plan shall be submitted with the
				  notice of intent. For discharges to Class A or Class 2 waters, the
				  site-specific dewatering system maintenance plan shall be submitted to the
				  director with the notice of intent or thirty days before the start of
				  construction dewatering activities. The plan, and all subsequent revisions,
				  shall be retained on-site or at a nearby field office;
(8) Construction pollution prevention plan to prevent or
				  reduce the pollution of state waters due to other discharges. The construction
				  pollution prevention plan shall include:
(A) Prohibited practices,
(B) Other management practices to prevent or reduce the
				  pollution of state waters, and
(C) Practices to control project site runoff, spillage or
				  leaks, sludge or waste disposal, or drainage from raw material storage or
				  stockpiling area(s).
For discharges to Class AA or Class 1 waters, the
				  site-specific construction pollution prevention plan shall be submitted with
				  the notice of intent. For discharges to Class A or Class 2 waters, the
				  site-specific construction pollution prevention plan shall be submitted to the
				  director with the notice of intent or thirty days before the start of
				  construction dewatering activities. The plan, and all subsequent revisions,
				  shall be retained on-site or at a nearby field office; and
(9) For construction projects which are one acre or more,
				  submit a county approved site-specific erosion control plan with the notice of
				  intent or thirty days before the start of construction dewatering activities,
				  as applicable.
(c) The director may require additional information to be
				  submitted.
(d) The owner or its duly authorized representative shall
				  submit a complete notice of intent to the director at the following address or
				  as otherwise specified:
Director of Health
Clean Water Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, Hawaii 96801-3378
5. Standard Conditions
The permittee shall comply with the standard conditions as
				  specified in appendix A of chapter 11-55. In case of conflict between the
				  conditions stated here and those specified in the standard general permit
				  conditions, the more stringent conditions shall apply.
6. Effluent Limitations and Monitoring Requirements
(a) The effluent shall be limited and monitored by the
				  permittee as specified in this section and in Table 34.5 (Daily maximum
				  effluent limitations for saline water apply only when discharges to saline
				  water occur and daily maximum effluent limitations for fresh water apply only
				  when discharges to fresh water occur.)
(1) Sampling Point
The permittee shall collect representative discharge samples
				  at the end of the effluent discharge point(s) prior to entering the receiving
				  state water or separate storm water drainage systems.
(2) Collection of Samples
The permittee shall take samples and measurements for the
				  purposes of monitoring which are representative of the volume and nature of the
				  total discharge.
(3) Types of Samples
(A) "Grab sample" means an individual sample collected within
				  the first fifteen minutes of a discharge.
(B) "Composite sample" means a combination of at least eight
				  sample aliquots, collected at periodic intervals during the operating hours of
				  the facility over a 24-hour period. The composite shall be flow proportional;
				  either the time interval between each aliquot or the volume of each aliquot
				  shall be proportional to the total effluent flow since the collection of the
				  previous aliquot. The permittee may collect aliquots manually or automatically,
				  unless otherwise stated.
(4) Test Procedures
(A) The permittee shall use test procedures for the analysis
				  of pollutants which conform with regulations published under Section 304(h) of
				  the Act.
(B) Unless otherwise noted in this general permit, the
				  permittee shall measure all pollutant parameters in accordance with methods
				  prescribed in 40 CFR Part 136, promulgated under Section 304(h) of the Act. The
				  permittee may submit applications for the use of alternative test methods in
				  accordance with
				  40
				  CFR §
										136.4.
(C) The permittee shall use test methods with detection
				  limits that reflect the applicable numerical limitations as specified in
				  chapter 11-54 and must be sufficiently sensitive as defined at
				  40
				  CFR 122.21(e)(3) and
				  122.44(i)
				  (1) (iv). If the test result i5 not
				  detectable, indicate that the test result is "less than #," where the # is the
				  lowest detection limit of the test method used.
5) Recording of Results
The permittee shall comply with section 14 (c) of appendix A
				  of chapter 11-55 for each measurement or sample taken under the requirements of
				  this general permit.
(b) Basic Water Quality Criteria and Inspections
(1) The permittee shall not cause or contribute to a
				  violation of the basic water quality criteria as specified in section
				  11-54-4.
(2) The permittee shall inspect the receiving state waters,
				  effluent, and control measures and best management practices at least once per
				  discharge or once daily, if discharge is continuous and duration is longer than
				  one day, to detect violations of and conditions which may cause violations of
				  the basic water quality criteria as specified in section
				  11-54-4.
				  (e.g., the permittee shall look at effluent and receiving state waters for
				  turbidity, color, floating oil and grease, floating debris and scum, materials
				  that will settle, substances that will produce taste in the water or detectable
				  off-flavor in fish, and inspect for items that may be toxic or harmful to human
				  or other life.)
Note: When effluent commingles with offsite water or
				  pollutant sources prior to discharging to the receiving water, in lieu of
				  inspecting the receiving water, inspect the effluent after it exits the site
				  and prior to commingling.
7. Corrective Action
The permittee shall immediately stop, reduce, or modify
				  construction, or implement a new or revised dewatering system maintenance plan
				  as needed to stop or prevent a violation of the basic water quality criteria as
				  specified in section
				  11-54-4.
8. Reporting Requirements
(a) Reporting of Monitoring Results
(1) The permittee shall report monitoring results on a
				  discharge monitoring report form (EPA No. 3320-1) or other form as specified by
				  the director. The permittee shall submit results of all monitoring required by
				  this general permit in a format that demonstrates compliance with the
				  limitations in Table 34,5 and other requirements of this general permit.
(2) The permittee shall submit monitoring results obtained
				  during the previous calendar month, postmarked or received by the department no
				  later than the twenty-eighth day of the month following the completed reporting
				  period.
(3) If there is more than one discharge in a single month,
				  report the monthly maximum, monthly minimum, and monthly average values for
				  each parameter on the discharge monitoring report.
(4) The permittee shall also submit the monitoring results
				  with laboratory reports, including quality assurance/quality control data;
				  effluent flow calculations; and any additional treatment strategies to be
				  implemented based on monitoring results.
(5) Should there be no discharges during the monitoring
				  period, the discharge monitoring report form shall so state.
(6) Discharge Monitoring Reports shall be submitted in
				  compliance with Federal eReporting Rule requirements. Permittees shall switch
				  from traditional paper Discharge Monitoring Reporting to electronic reporting
				  upon written notification by the director.
(b) Monitoring Report
The permittee shall include the monitoring results in the
				  calculation and reporting of the values required in the discharge monitoring
				  report form.
(c) Reporting of Noncompliance, Unanticipated Bypass, or
				  Upset
(1) The permittee or its duly authorized representative shall
				  orally report any of the following when the permittee or its duly authorized
				  representative becomes aware of the circumstances:
(A) Violation of an effluent limitation specified in Table
				  34.5 or a basic water quality criteria specified in section 6(b) of this
				  general permit;
(B) Discharge or noncompliance with effluent limitations
				  which may endanger health or the environment; or
(C) Unanticipated bypass or upset.
(2) The permittee shall make oral reports by telephone to the
				  Clean Water Branch at (808) 586-4309 during regular office hours which are
				  Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m. or
				  the Hawaii State Hospital Operator at (808) 247-2191 outside of regular office
				  hours.
(3) The permittee shall provide a written report within five
				  days of the time the permittee or its duly authorized representative becomes
				  aware of the circumstances. The written report shall include the following:
(A) Description of the noncompliance, unanticipated bypass,
				  or upset and its cause;
(B) Period of noncompliance, unanticipated bypass, or upset
				  including exact dates and times;
(C) Estimated time the noncompliance, unanticipated bypass,
				  or upset is expected to continue if it has not been corrected; and
(D) Steps taken or planned to reduce, eliminate, and prevent
				  reoccurrence of the noncompliance, unanticipated bypass, or upset.
(4) The director may waive the written report on a
				  case-by-case basis if the oral report has been received within twenty-four
				  hours.
(d) The permittee shall notify the director of the start of
				  the dewatering activities in writing within one week before the start of the
				  dewatering activities.
9. Submittal Requirements
(a) The owner or its duly authorized representative shall
				  submit signed copies of monitoring and all other reports required by this
				  general permit to the director at the following address or as otherwise
				  specified:
Director of Health
Clean Water Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, HI 96801-3378
(b) The owner or its duly authorized representative shall
				  include the following certification statement and an original signature on each
				  submittal in accordance with section
				  11-55-34.08(e) or
				  (f):
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for knowing violations."
(c) The owner or its duly authorized representative shall
				  include the notice of general permit coverage file number on each submittal.
				  Failure to provide the assigned notice of general permit coverage file number
				  for this facility on future correspondence or submittals may be a basis for
				  delay of the processing of the document(s).
10. Additional Conditions
The director may impose additional conditions under section
				  11-55-34.09(b).
11. Record Retention
The permittee shall retain all records and information
				  resulting from the monitoring activities required by this general permit
				  including all records of analyses performed and calibration and maintenance of
				  instrumentation for a minimum of five years. This period of retention shall be
				  extended during the course of any unresolved litigation or administrative
				  enforcement action regarding the discharge of pollutants by the permittee or
				  when requested by the director or Regional Administrator.
12. Falsifying Report
Knowingly making any false statement on any report required
				  by this general permit may result in the imposition of criminal penalties as
				  provided for in Section 309 of the Act and in section
				  342D-35,
				  HRS.
13. Renewal
Requests for renewal of general permit coverage must be
				  received no later than 30 calendar days before the expiration of the general
				  permit coverage.
14. Forms
Electronic notice of intent forms may be found at the
				  Department's e-Permitting portal. The e-Permitting portal may be accessed via
				  the Clean Water Branch's website at:
http://health.hawaii.gov/cwb/
TABLE 34.5
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR
				  CONSTRUCTION DEWATERING DISCHARGES
Effluent Parameter
Effluent Limitations (1)
Minimum Monitoring Frequency
Type of Sample
Quantity of Discharge (GPD or gpm)
(2)
(3)
(11)
Calculated or Estimated
Total Suspended Solids (mg/l)
(2)
(4)
(11)
Grab
Turbidity (NTU)
(2)
(4)
(11)
Grab
Oil and Grease (mg/l)
15
(4)
(11)
Grab (5)
pH (standard units)
(6)
(4)
(11)
Grab (7)
Toxic Pollutants (8)
(9)
(4)
(11)
(10)
GPD = gallons per day
gpm = gallons per minute
mg/l = milligrams per liter
NTU = nephelometric turbidity units
NOTES:
(1) Pollutant concentration levels shall not exceed the
				  effluent limits or be outside the ranges indicated in the table. Actual or
				  measured levels which exceed those effluent limits or are outside those ranges
				  shall be reported to the director as required in section 8(c) of this general
				  permit.
(2) The value shall not exceed the applicable limit as
				  specified in chapter 11-54 for the applicable classification of the receiving
				  state waters. If no limitation is specified in chapter 11-54, then the
				  permittee shall monitor and report the analytical result.
(3) For intermittent discharges, flow measurement shall be
				  taken once for each discharge for the duration of the discharge. For continuous
				  discharge, continuous flow measurement is required.
(4) For intermittent discharges, the sample shall be taken
				  once for each discharge. For continuous discharge, the sample shall be taken at
				  least once per week.
(5) Oil and Grease shall be measured by EPA Method 1664,
				  Revision A.
(6) The pH value shall not be outside the range as specified
				  in chapter 11-54 for the applicable classification of the receiving state
				  waters.
(7) The pH shall be measured within fifteen minutes of
				  obtaining the grab sample.
(8) The permittee shall measure for toxic pollutants, as
				  identified in Appendix D of 40 CFR Part 122 or in section
				  11-54-4
				  only if they are identified as potential pollutants requiring monitoring in the
				  notice of intent or as identified by the director. For dewatering processes
				  involving only the treated storm water discharges, only those potential
				  pollutants identified in the site characterization report need to be monitored.
				  The permittee shall measure for the total recoverable portion of all metals.
(9) Effluent limitations are the acute water quality
				  standards established in section
				  11-54-4,
				  for either fresh or saline waters. For pollutants which do not have established
				  acute water quality standards, the permittee shall report any detected
				  concentration greater than 0.01 µg/l.
(10) The permittee shall measure for cyanide, temperature,
				  bacterial counts, and the volatile fraction of the toxic organic compounds
				  using a grab sample. The permittee shall measure for all other pollutants as
				  identified in Appendix D of 40 CFR Part 122 or in section
				  11-54-4
				  using a composite sample.
(11) If there is more than one discharge per month in a
				  single monitoring location, report for each parameter the monthly maximum,
				  monthly minimum, and monthly average values on the discharge monitoring report.
				  For pH, only report monthly minimum and monthly maximum.
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.