Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix L - NPDES GENERAL PERMIT AUTHORIZING DISCHARGES OF CIRCULATION WATER FROM DECORATIVE PONDS OR TANKS

Current through June, 2024
This General Permit is effective on FEB 9 2019 and expires
				  five years from this date, unless amended earlier.
1. Coverage under this General Permit
(a) This general permit covers discharges of circulation
				  water from decorative ponds or tanks containing fish or other aquatic species,
				  not including mammals. This general permit also covers discharges of
				  circulation water from decorative ponds or tanks that do not contain fish or
				  other aquatic species provided that the discharge complies with chapter
				  11-54 titled "Water Quality
				  Standards."
(b) This general permit covers all areas of the State except
				  for natural freshwater lakes, saline lakes, and anchialine pools.
2. Limitations on Coverage Under the General Permit
(a) This general permit does not cover the following:
(1) Discharges of circulation water from decorative ponds or
				  tanks into a sanitary sewer system and
(2) Discharges of circulation water from decorative ponds or
				  tanks 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.
(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) Five 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)(11)
				  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.
(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) Description of the decorative fish pond or tank and the
				  type of aquatic species being housed. The description should include, but not
				  be limited to: material type of the pond or tank; water volume contained; the
				  type, size, and number of aquatic species being housed; and, the type(s) and
				  quantity of food utilized;
(3) Description of the average frequency of flow and duration
				  of any intermittent or seasonal discharge. The frequency of flow means the
				  number of days or months per year when there is an intermittent discharge.
				  Duration means the number of days or hours per discharge. Provide the best
				  estimate for new discharges;
(4) Source(s) of the circulation water for the decorative
				  fish pond or tank;
(5) Quantitative data on
				  pollutant
(s)
that the owner or operator of the
				  facility knows or reasonably should know are or will be present in the
				  discharge and for which the pollutants numerical criteria for the existing or
				  proposed receiving state waters are specified in chapter
				  11-54, especially section
				  11-54-4;
(6) Name and chemical composition of any water enhancement or
				  treatment additives, if any used;
(7) Best management practices applied to minimize or
				  eliminate the discharge of pollutants (e.g., feeding procedures, pond or tank
				  cleaning operations, and control measures); and
(8) A brief description of any treatment system used or to be
				  used. For discharges to Class AA or Class 1 waters, the treatment system plan
				  shall be submitted with the notice of intent. For discharges to Class A or
				  Class 2 waters, the treatment system plan shall be submitted with the notice of
				  intent or thirty days before the start of discharge activities. The permittee
				  shall retain the treatment system plan, and all subsequent revisions, on-site
				  or at a nearby office.
(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 34.8.
(1) Sampling Points
The permittee shall collect representative discharge samples
				  downstream from the decorative fish pond or tank circulation water discharge
				  point(s) and prior to entering the receiving state water or separate storm
				  water drainage systems or at a location that is approved by the department
				  which is representative of the decorative fish pond or tank effluent water
				  quality.
(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 a least eight
				  samples 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 304th) 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 is 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.
(c) There shall be no floating solids, foam, or visible oil
				  sheen in the effluent.
(d) There shall be no discharge of pond or tank cleaning
				  wastewaters that are generated during the cleaning of a pond or tank that has
				  been drained of water below the normal operating level(s).
(e) There shall be no discharge of filter backwash
				  effluent.
(f) There shall be no discharge of any water enhancement or
				  treatment additives above applicable water quality standards or above
				  detectable levels or quantities if no applicable water quality standard for
				  such constituents exists.
7. Corrective Action
The permittee shall immediately stop, reduce, or modify the
				  discharge 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 34.8 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) 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.
(4) Should there be no discharges during the monitoring
				  period, the discharge monitoring report form shall so state.
(5) 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
				  34.8 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) Schedule of Maintenance
The permittee shall submit a schedule for approval by the
				  director at least fourteen days prior to any maintenance of facilities which
				  might result in exceedance of effluent limitations. For purposes of this
				  general permit only, maintenance shall include, but not be limited to, the
				  routine cleaning of the pond or tank while filled with water and otherwise
				  still operated under normal conditions. The schedule shall include a
				  description of the maintenance and its reason; the period of maintenance,
				  including exact dates and times; and steps taken or planned to reduce,
				  eliminate, and prevent occurrence of noncompliance.
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 34.8
EFFLUENT LIMITATION AND MONITORING REQUIREMENTS FOR
				  CIRCULATION WATER FROM DECORATIVE PONDS AND TANKS
Effluent Parameter
Effluent Limitation
{1}
Minimum Monitoring Frequency
Type of Sample
Flow (GPD)
{2}
Once/Quarter {11}
Estimate
Total Nitrogen (mg/l)
{2}
Once/Quarter {11}
Grab
Nitrate + Nitrite Nitrogen (mg/l)
{2}
Once/Quarter {11}
Grab
Ammonia Nitrogen (mg/l)
{2}
Once/Quarter {11}
Grab
Total Phosphorus (mg/l)
{2}
Once/Quarter {11}
Grab
Chlorophyl a (µg/l)
{2}
Once/Quarter {11}
Grab
Total Suspended Solids (mg/l)
{10}
Once/Quarter {11}
Grab
Turbidity (NTU)
{3}
Once/Quarter {11}
Grab
pH (standard units)
{4}
Once/Quarter {11}
Grab {5}
Fecal coliform or Enterococcus (no./100 ml)
							 {6}
{7}
Once/Quarter {11}
Grab
Toxic Pollutants {8}
{9}
Once/Quarter {11}
{10}
GPD = gallons per day
mg/l = milligrams per liter
µg/l = micrograms per liter
NTU = Nephelometric Turbidity Units
no./100 ml = number per 100 milliliters
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) Effluent limitation is the specific criteria established
				  in sections
				  11-54-5
				  and
				  11-54-6
				  for the classification of the receiving state waters, as applicable.
(4) The pH value shall not be outside the range as specified
				  in chapter
				  11-54 for the applicable
				  classification of the receiving state waters.
(5) The pH shall be measured within fifteen minutes of
				  obtaining the grab sample.
(6) Applicable if potentially present in the
				  discharge.
(7) Effluent limitation is the specific criteria established
				  in section
				  11-54-8
				  for the classification of the receiving state waters, as applicable.
(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. 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 and specific criteria established in
				  section
				  11-54-5
				  and
				  11-54-6
				  for the classification of the receiving state waters, as applicable. For
				  pollutants which do not have established acute water quality standards or
				  specific criteria, the permittee shall report any detected concentration
				  greater than 0.01 µg/l.
(10) The permittee shall measure for cyanide 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 sample analysis per quarter in
				  a single monitoring location, report for each parameter the quarterly maximum,
				  quarterly minimum, and quarterly average values on the discharge monitoring
				  report. For pH, only report quarterly minimum and quarterly
				  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.