Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix M - NPDES GENERAL PERMIT AUTHORIZING POINT SOURCE DISCHARGES FROM THE APPLICATION OF PESTICIDES

Current through June, 2024
1. Coverage under this General Permit.
This permit covers any Operator of a point source discharge
				  of pollutants (i.e., discharge) resulting from the application of pesticides
				  that meets the eligibility requirements identified in section 1(a) of this
				  pesticide general permit (PGP) and if so required, submits a Notice of Intent
				  (NGI) in accordance with section 1(e) of this general permit. For the purpose
				  of this permit, an Operator is defined in section
				  11-55-01
				  to mean any entity associated with the application of pesticides which results
				  in a discharge to state waters that meets either of the following two criteria:
(1) any entity who performs the application of a pesticide or
				  who has day-to-day control of the application (i.e., they are authorized to
				  direct workers to carry out those activities); or
(2) any entity with control over the decision to perform
				  pesticide applications including the ability to modify those decisions.
				  Operators identified in (1) above are referred to in this permit as Applicators
				  while Operators identified in (2) are referred to in this permit as
				  Decision-makers. As defined, more than one Operator may be responsible for
				  complying with this permit for any single discharge from the application of
				  pesticides.
For purposes of this permit, all Operators are defined as
				  either an Applicator or a Decision-Maker or both an Applicator and a
				  Decision-maker.
When an Operator is both an Applicator and a Decision-maker,
				  the Operator must comply with all applicable requirements imposed on both
				  Applicators and Decision-makers- When the permit references all "Operators,"
				  both Applicators and Decision-makers must comply.
(a) Activities Covered.
This permit is available to Operators who discharge to state
				  waters from the application of (1) biological pesticides or (2) chemical
				  pesticides that leave a residue (collectively called pesticides), when the
				  pesticide application is for at least one of the following pesticide use
				  patterns:
(1) Mosquito and Other Flying Insect Pest Control - to
				  control public health/nuisance and other flying insect pests that develop or
				  are present during a portion of their life cycle in or above standing or
				  flowing water. Public health/nuisance and other flying insect pests in this use
				  category include mosquitoes and black flies.
(2) Weed and Algae Pest Control - to control weeds, algae,
				  and pathogens that are pests in water and at water's edge, including ditches
				  and/or canals.
(3) Animal Pest Control -to control animal pests in water and
				  at water's edge. Animal pests in this use category include, but are not limited
				  to, fish, lampreys, insects, mollusks, and pathogens,
(4) Forest Canopy Pest Control -application of a pesticide to
				  a forest canopy to control the population of a pest species (e.g., insect or
				  pathogen) where to target the pests effectively, a portion of the pesticide
				  unavoidably will be applied over and deposited to water.
(b) Limitations on Coverage under this General Permit
(1) Discharges to Water Quality Impaired Waters.
Except for discharges from pesticide applications made in
				  response to a declared pest emergency situation or as determined by the
				  director. Operators are not eligible for coverage under this permit for any
				  discharges from a pesticide application to state waters if the water is
				  identified as impaired by a substance which either is an active ingredient in
				  that pesticide or is a degradate of such an active ingredient. For purposes of
				  this general permit, impaired waters are those that have been identified by the
				  State pursuant to Section 303(d) of the CWA as not meeting applicable State
				  water quality standards. Impaired waters, for the purposes of this general
				  permit consist of both waters with EPA-approved Total Maximum Daily Loads
				  (TMDLs) and waters for which EPA has not yet approved a TMDL. Coverage under
				  this general permit is allowed for discharges to impaired waters listed
				  generically for "pesticides" where the specific pesticide for which the
				  waterbody is impaired has not been identified and without additional
				  information suggesting that the waterbody is impaired for a specific active
				  ingredient or degradate of the active ingredient.
(2) Discharges to state waters classified by the department
				  as "class 1, inland waters," "class AA, marine waters," and areas restricted in
				  accordance with the State's "No Discharge" policy in chapter 11-54 entitled
				  "Water Quality Standards."
Operators are not eligible for coverage under this permit for
				  discharges from a pesticide application to state waters classified by the
				  department as "class 1, inland waters," "class AA, marine waters," and
				  discharges into natural freshwater lakes, saline lakes, and anchialine
				  pools.
Except for discharges from the following pesticide
				  applications:
(A) made in response to a declared pest emergency situation
				  or as determined by the director;
(B) to protect the public health or the environment that
				  either do not degrade water quality or only degrade water quality on a short
				  term basis; or
(C) to maintain water flow in agricultural irrigation ditches
				  and canals if the pesticide application is for the activity covered in 1(a)(2)
				  (i.e., weed and algae pest control) or is for the activity covered in 1(a)(3)
				  (i.e., animal pest control) in flooded agricultural fields.
(3) Discharges to surface drinlcing water sources (for
				  domestic use) and their tributaries up-stream are not eligible for coverage
				  under this permit. Such discharges will require coverage under an individual
				  NPDES permit.
Except in the following conditions:
(A) made in response to a declared pest emergency situation
				  or as determined by the director; or
(B) the following:
(i) the NOI indicates whether the proposed application may
				  discharge to surface drinking water sources; and
(ii) the application to surface drinking water sources is
				  consistent with the FIFRA label, including but not limited to, following any
				  distance restriction and intended use; and
(iii) the Decision-maker provides the owner (e.g.,
				  municipality, private) of the surface drinking water source the following
				  information, including but not limited to: the pesticide(s) to be applied,
				  general location, and approximate frequency and the department receives written
				  consent from the owner of the surface drinking water source for such
				  discharges; and
(iv) the Operator adheres to the Safe Drinking Water Act and
				  safe drinking water regulations; and
(v) the Operator shall coordinate with the owner of the
				  surface drinking water source to prevent pesticide-treated water from entering
				  the drinking water intake and distribution system (e.g., the valve to the
				  drinking water source is shut/ or by diversion).
(4) Discharges Currently or Previously Covered by another
				  Permit.
Discharges are not eligible for coverage under this permit if
				  any of the following circumstances apply;
(A) The discharge is covered by another NPDES permit,
				  or
(B) The discharge was included in a permit that in the past
				  five (5) years has been or is in the process of being denied, terminated, or
				  revoked by the State or EPA (this does not apply to the routine reissuance of
				  permits every five (5) years).
(5) Individual Permit
The Director may require any Operator 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.
(c) Term of General Permit
(1) This general permit becomes effective ten days after
				  filing with the office of the lieutenant governor.
(2) A notice of general permit coverage under this general
				  permit expires:
(A) Five years after the effective date of this general
				  permit;
(B) When the notice of general permit coverage specifies;
				  or
(C) When amendments to section
				  11-55-34.02(b)(12)
				  are adopted,
Whichever is earliest, unless the notice of general permit
				  coverage is administratively extended under section
				  11-55-34.09(d).
(d) How to Obtain Authorization.
The following discharges, consistent with the activities
				  covered in section 1(a) and limitations on coverage under this general permit
				  in section 1(b), are automatically authorized by this permit beginning when
				  section
				  11-55-34.02(b)(12)
				  becomes effective ten days after filing with the office of the lieutenant
				  governor;
(1) Eligible discharges made prior to the Notice of Intent
				  submission deadline, See Table 2;
(2) Eligible discharges for which submission of an NOT is not
				  required. See sections 1(e) and 1(f).
To obtain authorization under this permit for all other
				  eligible discharges, a Decision-maker must submit a complete, and accurate NOI
				  consistent with the requirements of sections 1(e) and l(f), be issued a Notice
				  of General Permit Coverage (NGPC) and meet all conditions of the NGPC, unless
				  the Operator claimed automatic coverage in writing under the automatic
				  provision of section
				  11-55-34.09(e)(2)
				  and assumes the risks in section
				  11-55-34.09(f);
				  and this general permit to the satisfaction of the department.
(e) Decision-makers Required to Submit an NOI.
Any "Decision-maker Who is or Will be Required to submit an
				  NOI" is identified in Table 1.
For calculating annual treatment area totals for purposes of
				  determining if an NOI must be submitted, see the definition for, "annual
				  treatment area threshold" in section
				  11-55-01.
An NOI provides notice to the State that a Decision-maker
				  intends to discharge to state waters from pesticide application activities
				  eligible for coverage under this permit. Information required to be provided is
				  on the NOI form. The NOI must identify the pest management area where the
				  Decisionmaker will conduct activities resulting in discharges to state waters
				  to be covered under this permit.
If required to submit an NOI, a Decisionmaker must submit the
				  NOI once, in accordance with the deadlines in Section 1(f), Table 2. The
				  Decision-maker must submit an updated NOI if the criteria in section 1(f),
				  Table 3 are met. Late NOIs may be accepted, but authorization to discharge will
				  not be retroactive.
Coverage will be available for the duration of this general
				  permit for Decision-makers who file an NOI and are issued an NGPC and who meet
				  all conditions of the NGPC and this general permit to the satisfaction of the
				  department or for those rightfully (refer to the risks in section
				  11-55-34.09(f)
				  ) claiming coverage in writing under the automatic provision of section
				  11-55-34.09(e)(2),
				  including the Decision-makers' employees, contractors, subcontractors, and
				  other agents, for all activities identified on the NOI unless coverage is
				  terminated pursuant to appendix A of chapter 11-55. If a submitted NOI is not
				  timely, accurate, or complete, and an NGPC is not issued or any condition not
				  met, any employee, contractor, subcontractor or other entity that discharges is
				  not covered by this permit.
Applicators who are not also Decision-makers do not need to
				  submit an NOI, however they are still required to comply with other
				  requirements, as applicable in this general permit.
(f) Discharge Authorization Date
Except for discharges identified in Tables 1 through 3, any
				  Operator with eligible discharges is automatically authorized to discharge
				  under this permit without submission of an NOI. Decision-makers with eligible
				  discharges identified in Tables 1 through 3 are authorized under this permit
				  consistent with the requirements in those tables.
On the basis of a review of an NOI or other information, the
				  Director may delay authorization to discharge beyond any timeframe identified
				  in Table 2, determine that additional technology-based and/or water
				  quality-based effluent limitations or other conditions are necessary, or deny
				  coverage under this permit and require submission of an application for an
				  individual NPDES permit, as detailed in section 1(b)(5).
All Operators with eligible discharges are authorized for
				  permit coverage up until 60 calendar days from the effective date of the permit
				  without submission of an NOI. Hereinafter, the 60 calendar day timeframe
				  provided after the effective date of the permit shall be referred to as the
				  "adjustment period." After the adjustment period, all Operators with eligible
				  discharges for which an NOI is not required also are automatically covered
				  under this permit. By the adjustment period, all Decision-makers with eligible
				  discharges for which an NOI is required are required to submit an NOI
				  consistent with the earliest applicable due date identified in Table 2.
				  Decision-makers may submit multiple NOIs with different activities on each of
				  those NOIs when a pesticide use pattern is not already covered within the same
				  treatment area under another NOI.
Decision-makers who are required to submit an NOI must begin
				  complying with Section 2(b) when section
				  11-55-34.02(b)
				  (12) becomes effective ten days after filing
				  with the office of the lieutenant governor.
Table 1. Decision-makers Required to Submit NOIs
PGP Section/ Pesticide Use
Which Decision-makers Must Submit NOIs?
For Which Pesticide Application Activities?
All four use patterns identified in section
							 1(a)
Any Decision-maker with an eligible discharge to
							 water quality impaired waters; class 1, inland or class AA, marine waters, or
							 areas restricted in accordance with the State's "no discharge" policy; or to
							 surface drinking waters and their tributaries upstream consistent with sections
							 Kb) (1), Kb) (2), or Kb) (3).
Activities resulting in a discharge to water quality
							 impaired waters, class 1, inland or class AA, marine waters, or areas
							 restricted in accordance with the State's "no discharge" policy, or to surface
							 drinking waters and their tributaries up-stream.
1(a) (1) - Mosquito and Other Flying Insect Pest
							 Control
Any Federal or State government entities for which
							 pest management for land resource stewardship is an integral part of the
							 organization's operations.
All mosquito and other flying insect pest control
							 activities resulting in a discharge to state waters.
Mosquito control districts, or similar pest control
							 districts.
All mosquito and other flying insect pest control
							 activities resulting in a discharge to state waters.
Counties or other entities that exceed the annual
							 treatment area threshold identified here.
Adulticide treatment if more than 6,400 acres during
							 a calendar year. (1)
1(a) (2) - Weed and Algae Pest Control
Any Federal or State government entities for which
							 pest management for land resource stewardship is an integral part of the
							 organization's operations.
All weed and algae pest control activities resulting
							 in a discharge to state waters.
Irrigation and weed control districts, or similar
							 pest control districts.
All weed and algae pest control activities resulting
							 in a discharge to state waters.
Counties or other entities that exceed the annual
							 treatment area threshold identified here.
Treatment during a calendar year if more than either:
							 20 linear miles OR 80 acres of water. (2)
1(a)(3) - Animal Pest Control
Any Federal or State government entities for which
							 pest management for land resource stewardship is an integral part of the
							 organization's operations.
All animal pest control activities resulting in a
							 discharge to state waters.
Counties or other entities that exceed the annual
							 treatment area threshold identified here.
Treatment during a calendar year if more than either:
							 20 linear miles OR 80 acres of water. (2)
1(a) (4) - Forest Canopy Pest Control
Any Federal or State government entities for which
							 pest management for land resource stewardship is an integral part of the
							 organization's operations.
All forest canopy pest control activities resulting
							 in a discharge to state waters.
Counties or other entities that exceed the annual
							 treatment area threshold identified here.
Treatment if more than 6,400 acres during a calendar
							 year. (1)
Table 2. NOI Submittal Deadlines and Discharge Authorization
				  Dates for Discharges from the Application of Pesticides
After the adjustment period, any eligible discharge
							 for which an NOI is required must submit an NOI consistent with the earliest
							 due date identified below. If the Director receives an NOI at least 30 calendar
							 days before the end of the adjustment period, uninterrupted coverage may
							 continue (3). NOI due dates for any discharges occurring on or after the
							 adjustment period are as follows:
Operator Type
NOI Submission Deadline
Discharge Authorization Date (3)
Any Decision-maker with a discharge in response to a
							 Declared Pest Emergency for which that activity triggers the NOI requirement
							 identified in Section 1(e).
At least 30 calendar days after beginning
							 discharge.
Immediately upon beginning to discharge for
							 activities conducted in response to a Declared Pest Emergency Situation
							 (4).
Any Decision-maker that exceeds any annual treatment
							 area threshold.
At least 30 calendar days before exceeding an annual
							 treatment area threshold.
Upon NGPC issuance (5) or if the operator claimed
							 automatic coverage in writing under the automatic provision of section
							 11-55-34.09(e)(2)
							 and assumes the risks in section
							 11-55-34.09(f).
Any Decision-maker otherwise required to submit an
							 NOI as identified in Table 1.
At least 30 calendar days before any discharge for
							 which an NOI is required.
Upon NGPC issuance (5) or if the Operator claimed
							 automatic coverage in writing under the automatic provision of section
							 11-55-34.09(e)(2)
							 and assumes the risks in section
							 11-55-34.09(f).
Table 3. Change of Information, resulting in a Major
				  Modification (6) of the NGPC, Submittal Deadlines and Discharge Authorization
				  Dates
Operator Type
NOI Submission Deadline
Discharge
Authorization
Date
Any Decision-makers discharging to a class 1, inland
							 water; class AA, marine water; or area restricted in accordance with the
							 State's "no discharge" policy not specifically identified by name on a
							 previously submitted NOI for this permit.
At least 30 calendar days before beginning to
							 discharge in that newly identified class 1, inland water; class AA, marine
							 water; or area restricted in accordance with the State's "no discharge" policy
							 unless discharges are in response to a declared pest emergency in which case
							 not later than 30 days after beginning discharge.
After reissuance of the NGPC to include the change
							 (5), unless discharges are in response to a declared pest emergency in which
							 case coverage is available immediately upon beginning to discharge from
							 activities conducted in response to declared pest emergency ( 4) .
Any Decisionmaker with any discharge to state waters
							 requiring permit coverage for a newly identified pest management area or new
							 pesticide use pattern not identified on a previously submitted NOI for this
							 permit. This includes changes in any treatment area, pesticide product, method
							 or rate of application, or approximate dates of applications.
At least 30 calendar days before beginning to
							 discharge in that newly identified pest management area or new pesticide use
							 pattern not identified on a previously submitted NOI for this permit unless
							 discharges are in response to a declared pest emergency in which case not later
							 than 30 days after beginning discharge.
After reissuance of the NGPC to include the change
							 (5), unless discharges are in response to a declared pest emergency in which
							 case coverage is available immediately upon beginning to discharge from
							 activities conducted in response to declared pest emergency (4).
Notes:
(1) Treatment during a calendar year if more than 6,400
				  acres, as discussed for the categories "Mosquito and Other Flying Insect Pest
				  Control" and "Forest Canopy Pest Control," refers to the total area to which
				  pesticide applications (e.g. aerial spraying) are made, when any part of those
				  areas is a state water and shall be treated as separate treatment areas to be
				  additive in a calendar year. If the additive total areas in a calendar year to
				  which pesticides application are made exceeds 6,400 acres, when any part of
				  these areas is a state water, submittal of an NOI is required for those
				  Decision-makers required to submit an NOI as identified in Table 1. For
				  example, applying pesticides three times a year to the same three thousand acre
				  site (i.e., total area to which pesticide applications are made, when any part
				  of those areas is a state water) should be counted as nine thousand acres of
				  treatment area.
(2) For the categories "Weed and Algae Pest Control" and
				  "Animal Pest Control", "20 linear miles" means 20 linear miles of river,
				  stream, riverbank, or other linear water feature subject to coverage under this
				  permit, counting each bank of the water feature separately if pesticides are
				  applied to both banks. This means that applications four times a year to both
				  banks of a three-mile long reach of stream will count as a total of twenty four
				  linear miles (three miles * two banks * for applications per year = twenty four
				  miles to which pesticides are applied in a calendar year) and require
				  submission of an NOI. For applications made to the water of a linear water
				  feature, the length of the reach or surface area may be used to determine if
				  the annual treatment area threshold is exceeded. Treatment during a calendar
				  year if more than "80 acres of water (i.e., surface area)" means application of
				  pesticides to a waterbody surface area of greater than 80 acres.
(3) On the basis of a review of an NOI or other information,
				  the Director may delay authorization to discharge beyond any timeframe
				  identified in Table 1, determine that additional technology-based and/or water
				  quality-based effluent limitations or other conditions are necessary, or deny
				  coverage under this permit and require submission of an application for an
				  individual NPDES permit, as detailed in Section 1(b)(5),
(4) To remain authorized, an NOI must be submitted no later
				  than 30 calendar days after beginning discharge and result in issuance of an
				  NGPC. At no time, during the processing the NOI, shall the time between the
				  department's request for more information, and its receipt from the
				  Decisionmaker be longer than 30 calendar days. If longer than 30 calendar days,
				  coverage under this general permit may be terminated automatically.
(5) All requirements in the NGPC must be complied with and in
				  the timeframe as specified, including this general permit and any additional
				  requirements as determined by the State to the satisfaction of the department.
(6) The department may require submittal of a new NOI if it
				  is determined that the modification of the information is significant or more
				  than one (1) change to the information used in the issuance of its NGPC is
				  required.
(g) Standard Conditions
The Decision-maker shall comply with the standard conditions
				  as specified in appendix A of chapter 11-55, excluding biocides as identified
				  in section 1.a.(4) of appendix A. In case of conflict between the conditions
				  stated here and those specified in the standard general permit conditions,
				  excluding biocides as identified in section 1.a.(4) of appendix A, the more
				  stringent conditions shall apply.
(h) Other Federal and State Laws.
Operators must comply with all other applicable federal and
				  state laws and regulations that pertain to pesticides. The pesticide must be
				  registered by the EPA, licensed by the State Department of Agriculture or other
				  lead state agency regulating pesticides, and used in a manner consistent with
				  the labeling of the pesticide under the Federal, Insecticide, Fungicide, and
				  Rodenticide Act (FIFRA). This permit does not negate the requirements under
				  FIFRA and its implementing regulations to use registered pesticides consistent
				  with the product's labeling. In fact, applications in violation of certain
				  FIFRA requirements could also be a violation of the permit and therefore a
				  violation of the CWA (e.g. exceeding label application rates). Additionally,
				  other laws and regulations might apply to certain activities that are also
				  covered under this permit (e.g.. United States Coast Guard regulations).
2. Technology-Based Effluent Limitations
This Section includes technology-based effluent limitations
				  applicable to all Operators, as defined in section
				  11-55-01,
				  for any discharges authorized under this permit, with compliance required upon
				  beginning such discharge. All Operators are classified as either "Applicators"
				  or "Decision-makers," as defined in section
				  11-55-01,
				  or both. Applicators must perform the tasks identified in section 2(a) -
				  Applicators' Responsibilities. Decision-makers must perform the tasks
				  identified in section 2(b) - Decision-makers' Responsibilities. There may be
				  instances when a single entity acts as both an Applicator and a
				  Decision-maker.
As stated in section 1(h), this general permit requires all
				  Operators to comply with all other applicable federal or state laws and
				  regulations that pertain to application of pesticides by the Operator.
(a) Applicators' Responsibilities
To meet the effluent limitations of this permit, all
				  Applicators must implement section 2(a) to minimize the discharge of pesticides
				  to state waters from the application of pesticides, through the use of Pest
				  Management Measures, as defined in section
				  11-55-01.
(1) To the extent not determined by the Decision-maker, use
				  only the amount of pesticide and frequency of pesticide application necessary
				  to control the target pest, using equipment and application procedures
				  appropriate for this task.
(2) Maintain pesticide application equipment in proper
				  operating condition, including requirement to calibrate, clean, and repair such
				  equipment and prevent leaks, spills, or other unintended discharges.
(3) Assess weather conditions (e.g. temperature,
				  precipitation and wind speed) in the treatment area to ensure application is
				  consistent with all applicable federal requirements.
(b) Decision-makers' Responsibilities
For All Decision-makers
To meet the effluent limitations in section 2(b), fall
				  Decision-makers must minimize the discharge of pesticides to state waters from
				  the application of pesticides, through the use of Pest Management Measures, as
				  defined in section
				  11-55-01.
To the extent the Decision-maker determines the amount of
				  pesticide or frequency of pesticide application, the Decision-maker must use
				  only the amount of pesticide and frequency of pesticide application necessary
				  to control the target pest.
For Any Decision-maker Who is or Will be Required to Submit
				  an NOT
To meet the effluent limitations of this permit, prior to
				  pesticide application, any Decision-maker who is or will be required to submit
				  an NOI as required in section 1(e) must also implement sections 2(b)(1) -
				  2(b)(4) to minimize the discharge of pesticides to state waters from the
				  application of pesticides, through the use of Pest Management Measures, as
				  defined in section
				  11-55-01.
(1) Mosquito and Other Flying Insect Pest Control
This section applies to discharges from the application of
				  pesticides for mosquito and other flying insect pest control as defined in
				  section l(a)(1) of this general permit.
(A) Identify the Problem.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOI
				  must do the following for each pest management area, as defined in section
				  11-55-01:
(i) Establish densities for larval and adult mosquito or
				  flying insect pest populations or identify environmental condition(s), either
				  current or based on historical data, to serve as action threshold(s) for
				  implementing Pest Management Measures;
(ii) Identify target pest(s) to develop Pest Management
				  Measures based on developmental and behavioral considerations for each
				  pest;
(iii) Identify known breeding sites for source reduction,
				  larval control program, and habitat management;
(iv) Analyze existing surveillance data to identify new or
				  unidentified sources of mosquito or flying insect pest problems as well as
				  sites that have recurring pest problems; and
(v) In the event there are no data for the pest management
				  area in the past calendar year, use other available data as appropriate to meet
				  the permit conditions in section 2(b)(1)(A) of this general permit.
(B) Pest Management Options.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOT
				  must select and implement efficient and effective means of Pest Management
				  Measures that minimize discharges resulting from the application of pesticides
				  to control mosquitoes or other flying insect pests. In developing the Pest
				  Management Measures for each pest management area, the Decision-maker must
				  evaluate the following management options, including a combination of these
				  management options, considering impact to water quality, impact to non-target
				  organisms, feasibility, and cost effectiveness:
(i) No action
(ii) Prevention
(iii) Mechanical or physical methods
(iv) Cultural methods
(v) Biological control agents
(vi) Pesticides
(C) Pesticide Use.
If a pesticide is selected to manage mosquitoes or flying
				  insect pests, and application of the pesticide will result in a discharge to a
				  state water, any Decision-maker who is or will be required to submit an NOI
				  must:
(i) Conduct larval and/or adult surveillance in an area that
				  is representative of the pest problem or evaluate existing larval surveillance
				  data, environmental conditions, or data from adjacent area(s) prior to each
				  pesticide application to assess the pest management area and to determine when
				  the action threshold(s) is met;
(ii) Reduce the impact on the environment and on non-target
				  organisms by applying the pesticide only when the action threshold(s) has been
				  met;
(iii) In situations or locations where practicable and
				  feasible for efficacious controls use larvicides as a preferred pesticide for
				  mosquito or flying insect pest control when the larval action threshold(s) has
				  been met; and
(iv) In situations or locations where larvicide use is not
				  practicable or feasible for efficacious control, use adulticides for mosquito
				  or flying insect pest control when the adult action threshold(s) has been met.
(2) Weed and Algae Pest Control
This section applies to discharges from the application of
				  pesticides for control of weeds, algae, and pathogens as defined in section
				  1(a)(2) of this general permit.
(A) Identify the Problem.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOI
				  must do the following for each pest management area, as defined in section
				  11-55-01:
(i) Identify areas with pest problems and characterize the
				  extent of the problems, including, for example, water use goals not attained
				  (e.g. wildlife habitat, fisheries, vegetation, and - recreation);
(ii) Identify target pest(s);
(iii) Identify possible factors causing or contributing to
				  the pest problem (e.g., nutrients, invasive species, etc.);
(iv) Establish any pest- and site-specific action threshold,
				  as defined in HAR, Chapter
				  11-55-01,
				  for implementing section 2(b)(2)(B); and
(v) In the event there are no data for the pest management
				  area in the past calendar year, use other available data as appropriate to meet
				  the permit conditions in section 2(b)(2)(A) of this general permit.
(B) Pest Management Options.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOI
				  must select and implement efficient and effective means of Pest Management
				  Measures that minimize discharges resulting from the application of pesticides
				  to pests. In developing the Pest Management Measures for each pest management
				  area, the Decisionmaker must evaluate the following management options,
				  including a combination of these management options, considering impact to
				  water quality, impact to non-target organisms, feasibility, and cost
				  effectiveness:
(i) No action
(ii) Prevention
(iii) Mechanical or physical methods
(iv) Cultural methods
(v) Biological control agents
(vi) Pesticides
(C) Pesticide Use.
If a pesticide is selected to manage pests, and application
				  of the pesticide will result in a discharge to state waters, any Decision-maker
				  who is or will be required to submit an NOI must:
(i) Conduct surveillance in an area that is representative of
				  the pest problem prior to each pesticide application to assess the pest
				  management area and to determine when the action threshold(s) is met; and
(ii) Reduce the impact on the environment and non-target
				  organisms by applying the pesticide only when the action threshold has been
				  met.
(3) Animal Pest Control
This section applies to discharges from the application of
				  pesticides for control of animal pests as defined in section 1(a)(3) of this
				  general permit.
(A) Identify the Problem.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOT
				  must do the following for each pest management area, as defined in section
				  11-55-01:
(i) Identify areas with pest problems and characterize the
				  extent of the problems, including, for example, water use goals not attained
				  (e.g. wildlife habitat, fisheries, vegetation, and recreation);
(ii) Identify target pest(s);
(iii) Identify possible factors causing or contributing to
				  the problem (e.g., nutrients, invasive species);
(iv) Establish any pest- and site-specific action threshold,
				  as defined in section
				  11-55-01,
				  for implementing section 2(b)(3)(B); and
(v) In the event there are no data for the pest management
				  area in the past calendar year, use other available data as appropriate to meet
				  the permit conditions in section 2(b)(3)(A).
(B) Pest Management Options.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  year thereafter prior to the first pesticide application during that calendar
				  year, any Decision-maker who is or will be required to submit an NOI must
				  select and implement efficient and effective means of Pest Management Measures
				  that minimize discharges resulting from the application of pesticides to
				  control pests. In developing the Pest Management Measures for each pest
				  management area, the Decision-maker must evaluate the following management
				  options, including a combination of these management options, considering
				  impact to water quality, impact to non-target organisms, feasibility, and cost
				  effectiveness:
(i) No action
(ii) Prevention
(iii) Mechanical or physical methods
(iv) Biological control agents
(v) Pesticides
(C) Pesticide Use.
If a pesticide is selected to manage pests, and application
				  of the pesticide will result in a discharge to state waters, any Decision-maker
				  who is or will be required to submit an NOI must:
(i) Conduct surveillance in an area that is representative of
				  the pest problem prior to each application to assess the pest management area
				  and to determine when the action threshold(s) is met; and
(ii) Reduce the impact on the environment and non-target
				  organisms by evaluating site restrictions, application timing, and application
				  method in addition to applying the pesticide only when the action threshold(s)
				  has been met.
(4) Forest Canopy Pest Control
This section applies to discharges from the application of
				  pesticides for forest canopy pest control as defined in section 1(a)(4) of this
				  general permit.
(A) Identify the Problem.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application in that
				  calendar year, any Decision-maker who is or will be required to submit an NOI
				  must do the following for each pest management area, as defined in section
				  11-55-01:
(i) Establish any pest- and site-specific action threshold,
				  as defined in section
				  11-55-01,
				  for implementing section 2(b)(4)(B);
(ii) Identify target pest(s) to develop Pest Management
				  Measures based on developmental and behavioral considerations for each
				  pest;
(iii) Identify current distribution of the target pest and
				  assess potential distribution in the absence of Pest Management Measures; and
(iv) In the event there are no data for pest management area
				  in the past calendar year, use other available data as appropriate to meet the
				  permit conditions in section 2(b)(4)(A).
(B) Pest Management Options.
Prior to the first pesticide application covered under this
				  permit that will result in a discharge to state waters, and at least once each
				  calendar year thereafter prior to the first pesticide application for that
				  calendar year, any Decision-maker who is or will be required to submit an NOI
				  must select and implement efficient and effective means of Pest Management
				  Measures that minimize discharges resulting from the application of pesticides
				  to control pests. In developing the Pest Management Measures for pest
				  management area, the Decision-maker must evaluate the following management
				  options, including a combination of these management options, considering
				  impact to water quality, impact to non-target organisms, feasibility, and cost
				  effectiveness:
(i) No action
(ii) Prevention
(iii) Mechanical or physical methods
(iv) Cultural methods
(v) Biological control agents
(vi) Pesticides
(C) Pesticide Use.
If a pesticide is selected to manage forestry pests, and
				  application of the pesticide will result in a discharge to state waters, any
				  Decision-maker who is or will be required to submit an NOI must:
(i) Conduct surveillance in an area that is representative of
				  the pest problem prior to each application to assess the pest management area
				  and to determine when the pest action threshold is met;
(ii) Reduce the impact on the environment and non-target
				  organisms by evaluating the restrictions, application timing, and application
				  methods in addition to applying the pesticide only when the action threshold(s)
				  has been met; and
(iii) Evaluate using pesticides against the most susceptible
				  developmental stage.
3. Water Quality-Based Effluent Limitations
All Operators must control discharges as necessary to meet
				  applicable numeric and narrative state water quality standards, as required in
				  chapter 11-54, for discharges authorized under this permit, with compliance
				  required upon beginning such discharge.
If at any time an Operator becomes aware (e.g., through
				  self-monitoring or by notification from the state or EPA), or the Director
				  determines, that the Operator's discharge causes or contributes to an excursion
				  of any applicable water quality standard, the Operator must take corrective
				  action as required in section 6 and section 7 of appendix A, chapter 11-55, up
				  to and including the ceasing of the discharge, if necessary.
4. Monitoring
(a) Visual Monitoring Requirements for Pesticide Applicators.
During any pesticide application with discharges authorized
				  under this permit, all Applicators must, when considerations for safety and
				  feasibility allow, visually assess the area to and around where pesticides are
				  applied for possible and observable adverse incidents, as defined in section
				  11-55-01,
				  caused by application of pesticides, including the unanticipated death or
				  distress of non-target organisms and disruption of wildlife habitat,
				  recreational or municipal water use.
(b) Visual Monitoring Requirements for all Operators.
During any Operator post-application surveillance of any
				  pesticide application with discharges authorized under this permit, all
				  Operators must visually assess the area to and around where pesticides were
				  applied for possible and observable adverse incidents, as defined in section
				  11-55-01,
				  caused by application of pesticides, including the unanticipated death or
				  distress of non-target organisms and disruption of wildlife habitat,
				  recreational or municipal water use.
5. Pesticide Discharge Management Plan
Any Decision-maker who is or will be required to submit an
				  NOI, as required in section 1(e), and is a large entity, as defined in section
				  11-55-01,
				  must prepare a Pesticide Discharge Management Plan (PDMP) by the time the NOI
				  is submitted to the department, except (for which a PDMP is not required to be
				  developed) any applications made in response to a Declared Pest Emergency
				  Situation, as defined in section
				  11-55-01.
The PDMP does not contain effluent limitations; the effluent
				  limitations are specified in sections 2 and 3 of this general permit. The PDMP
				  documents how Decision-makers will implement the effluent limitations in
				  sections 2 and 3 of this general permit, including the evaluation and selection
				  of Pest Management Measures to meet those effluent limitations in order to
				  minimize discharges. In the PDMP, Decision-makers may incorporate by reference
				  any procedures or plans in other documents that meet the requirements of this
				  general permit. If Decision-makers rely upon other documents to comply with the
				  effluent limitations in this general permit, such as a pre-existing pest
				  management plan, the Decisionmakers must attach to the PDMP a copy of any
				  portions of any documents that are used to document the implementation of the
				  effluent limitations.
(a) Contents of the Pesticide Discharge Management Plan.
The PDMP must include the following elements:
(1) Pesticide Discharge Management Team
Decision-makers must identify all the persons (by name and
				  contact information) that compose the team as well as each person's individual
				  responsibilities, including:
(A) Person(s) responsible for managing pests in relation to
				  the pest management area;
(B) Person(s) responsible for developing and revising the
				  PDMP; and
(C) Person(s) responsible for developing, revising, and
				  implementing corrective actions and other effluent limitation
				  requirements.
(2) Problem Identification
(A) Pest problem description.
Document a description of the pest problem at the pest
				  management area, including identification of the target pest(s), source(s) of
				  the pest problem, and source of data used to identify the problem in sections
				  2(b)(1), 2(b)(2), 2(b) (3), and 2(b) (4) .
(B) Action Threshold(s).
Describe the action threshold(s) for the pest management
				  area, including data used in developing the action threshold(s) and method is)
				  to determine when the action threshold(s) has been met.
(C) General location map.
In the plan, include a general location map (e.g., USGS
				  quadrangle map, a portion of a city or county map, or other map) that
				  identifies the geographic boundaries of the area to which the plan applies and
				  location of the state water and
(D) Water quality standards.
Document any water(s) identified as impaired by a substance
				  which either is an active ingredient or a degradate of such an active
				  ingredient.
(3) Pest Management Options Evaluation
Decision-makers must document the evaluation of the pest
				  management options, including combination of the pest management options, to
				  control the target pest(s). Pest management options include the following: No
				  action, prevention, mechanical/physical methods, cultural methods, biological
				  control agents, and pesticides. In the evaluation. Decision-makers must
				  consider the impact to water quality, impact to non-target organisms,
				  feasibility, cost effectiveness, and any relevant previous Pest Management
				  Measures.
(4) Response Procedures.
Decision-makers must document the following procedures in the
				  PDMP:
(A) Spill Response Procedures.
At a minimum, Decision-makers must have:
(i) Procedures for expeditiously stopping, containing, and
				  cleaning up leaks, spills, and other releases to state waters.
Employees who may cause, detect, or respond to a spill or
				  leak must be trained in these procedures and have necessary spill response
				  equipment available. If possible, one of these individuals should be a member
				  of the PDMP team-
(ii) Procedures for notification of appropriate facility
				  personnel, emergency response agencies, and regulatory agencies.
(B) Adverse Incident Response Procedures.
At a minimum. Decision-makers must have:
(i) Procedures for responding to any adverse incident
				  resulting from pesticide applications;
(ii) Procedures for notification of the adverse incident,
				  both internal to the Decision-maker's agency/organization and external.
Contact information for state/federal permitting agency,
				  nearest emergency medical facility, and nearest hazardous chemical responder
				  must be in locations that are readily accessible and available.
(5) Signature Requirements.
Decision-makers must sign, date and certify the PDMP in
				  accordance with section 15 of appendix A, chapter 11-55.
(b) Pesticide Discharge Management Plan Modifications.
Decision-makers must modify the PDMP whenever necessary to
				  address any of the triggering conditions for corrective action in section 6(a)
				  or when a change in pest control activities significantly changes the type or
				  quantity of pollutants discharged. Changes to the PDMP must be made before the
				  next pesticide application that results in a discharge, if practicable, or if
				  not, no later than 90 calendar days after any change in pesticide application
				  activities. The revised PDMP must be signed and dated in accordance with
				  section 15 of appendix A, chapter 11-55.
(c) Pesticide Discharge Management Plan Availability.
Decision-makers must retain a copy of the current PDMP, along
				  with all supporting maps and documents, at each address provided in the NOI.
				  The PDMP and all supporting documents must be readily available, upon request,
				  and copies of any of these documents provided, upon request, to the state, EPA,
				  or local agency governing discharges or pesticide applications within their
				  respective jurisdictions; and representatives of the United States Fish and
				  Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS). The
				  Director may provide copies of the PDMP or other information related to this
				  permit that is in its possession to members of the public. Any Confidential
				  Business Information (CBI), as defined in 40 CFR Part 2, may be withheld from
				  the public provided that a claim of confidentiality is properly asserted and
				  documented in accordance with 4 0 CFR Part 2; however, CBI must be submitted to
				  the Director, if requested, and may not be withheld from those staff within
				  EPA, FWS, and NMFS cleared for CBI review.
6. Corrective Action
All Operators must comply with the provisions of section 6
				  for any discharges authorized under this general permit, with compliance
				  required upon beginning such discharge.
(a) Situations Requiring Revision of Pest Management
				  Measures.
Operators must review and, as necessary, revise the
				  evaluation and selection of Pest Management Measures consistent with section
				  2(a) and 2(b) for the following situations:
(1) An unauthorized release or discharge associated with the
				  application of pesticides (e.g., spill, leak, or discharge not authorized by
				  this or another NPDES permit) occurs.
(2) Operators become aware, or the Director concludes, that
				  Pest Management Measures are not adequate/sufficient for the discharge to meet
				  applicable water quality standards.
(3) Any monitoring activities indicate failure to meet
				  applicable technology-based effluent limitations in section 2.
(4)An inspection or evaluation of activities by the Director,
				  an EPA official, local, or state entity, reveals that modifications to the Pest
				  Management Measures are necessary to meet the effluent limitations in this
				  general permit.
(5) Any Operator observes or is otherwise made aware of an
				  adverse incident as defined in section
				  11-55-01.
(b) Corrective Action Deadlines.
If an Operator determines that changes to Pest Management
				  Measures are necessary to eliminate any situation identified in section 6(a),
				  such changes must be made before or, if not practicable, as soon as possible
				  after the next pesticide application that results in a discharge.
(c) Effect of Corrective Action.
The occurrence of a situation identified in section 6(a) of
				  this general permit may constitute a violation of the permit. Correcting the
				  situation according to section 6(a) of this general permit does not absolve the
				  Operator of liability for any original violation. However, failure to comply
				  with Section 6(a) of this general permit constitutes an additional permit
				  violation. The Director will consider the appropriateness and promptness of
				  corrective action in determining enforcement responses to permit
				  violations.
The Director, EPA or a court may impose additional
				  requirements and schedules of compliance, including requirements to submit
				  additional information concerning the condition(s) triggering corrective action
				  or schedules and requirements more stringent than specified in this permit.
				  Those requirements and schedules will supersede those of Section 6(a) of this
				  general permit if such requirements conflict.
(d) Adverse Incident Documentation and Reporting
(1) Twenty-Four (24) Hour Adverse Incident
				  Notification
(A) Adverse Incident Notification Required
Except as provided for in section 6(d)(4), if an Operator
				  observes or is otherwise made aware of an adverse incident, as defined in
				  section
				  11-55-01,
				  which may have resulted from a discharge from a pesticide application, the
				  Operator must immediately notify the Director,
http:///
This notification must be made 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, within 24
				  hours of the Operator becoming aware of the adverse incident; and State
				  Department of Agriculture or other state lead agency for pesticide regulation
				  and must include at least the following information:
(i) The caller's name and telephone number;
(ii) Operator name and mailing address;
(iii) If covered under an NOI, the NPDES file number, if
				  applicable;
(iv) The name and telephone number of a contact person, if
				  different than the person providing the 24-hour notice;
(v) How and when the Operator became aware of the adverse
				  incident;
(vi) Description of the location of the adverse
				  incident;
(vii) Description of the adverse incident identified and the
				  pesticide product, including EPA pesticide registration number, for each
				  product applied in the area of the adverse incident;
(viii) Description of any steps the Operator has taken or
				  will take to correct, repair, remedy, clean up, or otherwise address any
				  adverse effects; and
(ix) If known, the identity of any other Operators authorized
				  for coverage under this permit for discharges from the pesticide application
				  activities that resulted in the adverse incident.
If an Operator is unable to notify the Clean Water Branch
				  within 24 hours, the Operator must do so as soon as possible and also provide
				  an appropriate rationale for why the Operator was unable to provide such
				  notification within 24 hours.
The adverse incident notification and reporting requirements
				  are in addition to what the registrant is required to submit under FIFRA
				  section 6(a)(2) and its implementing regulations at 40 CFR Part 159.
(B) Adverse Incident Notification Not Required
Reporting of adverse incidents is not required under this
				  permit in the following situations:
(i) An Operator is aware of facts that indicate that the
				  adverse incident was not related to toxic effects or exposure from the
				  pesticide application;
(ii) An Operator has been notified by the Director, and
				  retains such notification, that the reporting requirement has been waived for
				  this incident or category of incidents;
(iii) An Operator receives information of an adverse
				  incident, but that information is clearly erroneous; or
(iv) An adverse incident occurs to pests that are similar in
				  kind to potential target pests identified on the FIFRA label.
(2) Thirty (30) Calendar Day Adverse Incident Written Report.
Except as provided for in section 6(d)(4), within 30 calendar
				  days of a reportable adverse incident pursuant to section 6(d)(1), Operators
				  must provide a written report of the adverse incident to the Clean Water Branch
				  and to the State Department of Agriculture or other state lead agency for
				  pesticide regulation.
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The
				  adverse incident report must include at least the following information:
(A) Information required to be provided in Section
				  6(d)(1);
(B) Date and time the Operator notified the Clean Water
				  Branch and the State Department of Agriculture of the adverse incident and who
				  the Operator spoke with and any instructions you received;
(C) Location of incident, including the names of any waters
				  affected and appearance of those waters (sheen, color, clarity, etc.);
(D) A description of the circumstances of the adverse
				  incident including species affected, estimated number of individual and
				  approximate size of dead or distressed organisms;
(E) Magnitude and scope of the affected area (e.g. aquatic
				  square area or total stream distance affected);
(F) Pesticide application rate; intended use site (e.g., on
				  the bank, above waters, or directly to water); method of application; and the
				  name of pesticide product and EPA registration number;
(G) Description of the habitat and the circumstances under
				  which the adverse incident occurred (including any available ambient water data
				  for pesticides applied);
(H) If laboratory tests were performed, an indications or
				  which test(s) were performed, and when; additionally, a summary of the test
				  results must be provided within five (5) calendar days after they become
				  available if not available at the time of submission of the 30-day report;
(I) Description of actions to be taken to prevent recurrence
				  of adverse incidents; and
(J) Signature, date, and certification in accordance with
				  section 15 of appendix A, chapter 11-55.
(3) Adverse Incident to Threatened or Endangered Species or
				  Critical Habitat
Notwithstanding any of the other adverse incident
				  notification requirements of this section, if an Operator becomes aware of an
				  adverse incident affecting a federally-listed threatened or endangered species
				  or its federally-designated critical habitat, which may have resulted from a
				  discharge from the Operator's pesticide application, the Operator must
				  immediately notify the NMFS in the case of an anadromous or marine species, or
				  the FWS in the case of a terrestrial or freshwater species. This notification
				  must be made by telephone immediately upon the Operator becoming aware of the
				  adverse incident and must include at least the following information:
(A) The caller's name and telephone number;
(B) Operator name and mailing address;
(C) The name of the affected species;
(D) How and when the Operator became aware of the adverse
				  incident;
(E) Description of the location of the adverse
				  incident;
(F) Description of the adverse incident and the pesticide
				  product, including the EPA pesticide registration number for each product
				  applied in the area of the adverse incident; and
(G) Description of any steps the Operator has taken or will
				  take to alleviate the adverse impact to the species.
Additional information on federally-listed threatened or
				  endangered species and federally-designated critical habitat is available from
				  NMFS (
www.nmfs.noaa.gov
) for anadromous
				  or marine species or FWS (
www.fws.gov
) for
				  terrestrial or freshwater species.
(4) Notification and Reporting for Adverse Incidents
				  Involving Multiple Operators
Where multiple Operators are authorized for a discharge that
				  results in an adverse incident, notification and reporting by any one of the
				  Operators constitutes compliance for all of the Operators, provided a copy of
				  the written report required in section 6(d)(2) is also provided to all of the
				  other authorized Operators within 30 calendar days of the reportable adverse
				  incident.
(e) Reportable Spills and Leaks
(1) Spill, Leak, or Other Unpermitted Discharge Notification
Where a leak, spill, or other release into state waters
				  containing a hazardous substance or oil in an amount equal to or in excess of a
				  reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117,
				  or 40 CFR Part 302 occurs in any 24-hour period, an Operator must notify 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 and the National Response Center immediately at (800) 424-8802 in
				  accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40
				  CFR Part 302 as soon as the Operator has knowledge of the release. Contact
				  information must be in locations that are readily accessible and available in
				  the area where the spill, leak, or other unpermitted discharge may
				  occur.
State or local requirements may necessitate also reporting
				  spills or leaks to local emergency response, public health, or drinking water
				  supply agencies,
(2) Thirty-Day Spill, Leak, or Other Unpermitted Discharge
				  Documentation
If an Operator becomes aware of a spill, leak, or other
				  unpermitted discharge which triggers the notification in section 6(e)(1) and
				  results in an adverse incident, then the Operator must report the incident per
				  the guidelines in section 6(d)(1) and 6(d)(2). If the spill, leak, or other
				  unpermitted discharge triggers the notification in section 6(e)(1), but does
				  not result in an adverse incident, then the Operator must document and retain
				  the following information within 30 calendar days of becoming aware of the
				  situation:
(A) Information required to be provided in section
				  6(e)(1);
(B) Summary of corrective action taken or to be taken
				  including date initiated and date completed or expected to be completed;
				  and
(C) Any measures to prevent recurrence of such a spill or
				  leak or other discharge, including notice of whether PDMP modifications are
				  required as a result of the spill or leak-
(f) other Corrective Action Documentation.
For situations identified in section 6(a), other than for
				  adverse incidents (addressed in section 6(d)), or reportable spills or leaks
				  (addressed in section 6(e)), Operators must document the situation triggering
				  corrective action and planned corrective action within 30 calendar days of
				  becoming aware of that situation, and retain a copy of this documentation. This
				  documentation must include the following information:
(1) Identification of the condition triggering the need for
				  corrective action review, including any ambient water quality monitoring that
				  assisted in determining that discharges did not meet water quality
				  standards;
(2) Brief description of the situation;
(3) Date the problem was identified;
(4) Brief description of how the problem was identified, how
				  the Operator learned of the situation, and date the Operator learned of the
				  situation;
(5) Summary of corrective action taken or to be taken,
				  including date initiated and date completed or expected to be completed;
				  and
(6) Any measures to prevent reoccurrence of such an incident,
				  including notice of whether PDMP modifications are required as a result of the
				  incident.
7. Recordkeeping and Annual Reporting
The recordkeeping and annual reporting requirements vary
				  depending on the type of Operator and whether a Decision-maker is a small or
				  large entity. Table 4 references applicable requirements for the range of
				  Operators covered under this permit.
Table 4: Applicable Recordkeeping and Annual Reporting
				  Requirements for Different Types of Operators,
PGP Section
Applicable Type of Operator
7(a)
Recordkeeping: All Operators
7(b)
Recordkeeping; All Operators who are Applicators, as
							 defined in section
							 11-55-01
7(c)
Recordkeeping; Any Decision-maker required to submit
							 an NOI and who is a small entity(1)
7(d)
Recordkeeping: Any Decision-maker required to submit
							 an NOI and who is a large entity(2)
7(e)
Retention of Records: All Operators
7(f)
Annual Reporting: Any Decision-maker required to
							 submit an NOI and who is a large entity(2)
(1) Small Entity - As defined in section
				  11-55-01,
				  is any (1) public entity that serves a population of 10,000 or less or (2)
				  private enterprise that does not exceed the Small Business Administration size
				  standard as identified at
				  13
				  CFR 121.201.
(2) Large Entity - As defined in section
				  11-55-01,
				  is any (1) public entity that serves a population greater than 10,000 or (2)
				  private enterprise that exceeds the Small Business Administration size standard
				  as identified at
				  13
				  CFR 121.201.
Operators must keep written records as required in this
				  permit for all discharges covered under this general permit. These records must
				  be accurate and complete to demonstrate the Operator's compliance with the
				  conditions of this general permit. Operator's may rely on records and documents
				  developed for other obligations, such as requirements under FIFRA, and state or
				  local pesticide programs, provided that all requirements of this general permit
				  are satisfied.
The Director recommends that all Decision-makers, who are or
				  may be required to submit an NOI based on their annual treatment area, keep
				  records of acres or linear miles treated for all applicable use patterns
				  covered under this general permit. The records should be kept up-to-date to
				  help Decision-makers determine if the annual treatment area threshold, is
				  exceeded during any calendar year.
(a) Recordkeeping For All Operators.
All Operators must keep the following records:
(1) A copy of any Adverse Incident Reports (See section
				  6(d)(2));
(2) Rationale for any determination that reporting of an
				  identified adverse incident is not required consistent with allowances
				  identified in Section 6(d)(1)(B);
(3) A copy of any corrective action documentation (See
				  section 6(f)); and (A) A copy of any spill and leak or other unpermitted
				  discharge documentation (See section 6(e)(2)).
(b) Recordlceeping for All Operators who are Applicators,
After the adjustment period, any Operator who is an
				  Applicator, as defined in section
				  11-55-01,
				  must retain the following records:
(1) Documentation of equipment calibration; and
(2) Information on each treatment area to which pesticides
				  are discharged, including:
(A) Description of each treatment area, including location
				  and size (acres or linear feet) of treatment area and identification of any
				  waters, either by name or by location, to which pesticide(s) are
				  discharged;
(B) Pesticide use pattern(s) (i.e., mosquito and other flying
				  insects, weed and algae, animal pest, or forest canopy);
(C) Target pest(s);
(D) Documentation of any assessment of weather conditions in
				  the treatment area prior to and during application to ensure application is
				  consistent with all applicable federal requirements;
(E) Name of each pesticide product used including the EPA
				  registration number;
(F) Quantity of each pesticide product applied to each
				  treatment area;
(G) Pesticide application date(s); and
(H) Whether or not visual monitoring was conducted during
				  pesticide application and/or post-application and if not, why not and whether
				  monitoring identified any possible or observable adverse incidents caused by
				  application of pesticides.
(c) Recordkeeping for Any Decision-maker Required to Submit
				  an NOI and Who is a Small Entity.
After the adjustment period, any Decisionmaker required to
				  submit an NOI that is defined as a small entity, must retain the following
				  records at the address provided on the NOI.
(1) Copy of the NOI submitted to the Director, any
				  correspondence exchanged between the Decision-maker and the Director specific
				  to coverage under this permit, and a copy of the NGPC;
(2) Documentation of equipment calibration (only if
				  Decision-maker is also the Applicator);
(3) Information on each treatment area to which pesticides
				  are discharged, including:
(A) Description of treatment area, including location and
				  size (acres or linear feet) of treatment area and identification of any state
				  waters, either by name or by location, to which pesticides are
				  discharged;
(B) Pesticide use pattern(s) (i.e., mosquito and other flying
				  insects, weed and algae, animal pest, or forest canopy);
(C) Target pest(s) and explanation of need for pest
				  control;
(D) Description of pest management measure(s) implemented
				  prior to the first pesticide application;
(E) Company name and contact information for pesticide
				  applicator;
(F) Name of each pesticide product used including the EPA
				  registration number;
(G) Quantity of each pesticide product applied to each
				  treatment area;
(H) Pesticide Application Start Date;
(I) Pesticide Application End Date; and
(J) Whether or not visual monitoring was conducted during
				  pesticide application and/or post-application and if not, why not and whether
				  monitoring identified any possible or observable adverse incidents caused by
				  application of pesticides.
(d) Recordkeeping for Any Decision-maker Required to Submit
				  an NOI and Who is a Large Entity.
After the adjustment period, any Decisionmaker required to
				  submit an NOI that is defined as a large entity must retain the following
				  records at the Operator's business address provided on the NOI:
(1) Copy of the NOI submitted to the Director, any
				  correspondence exchanged between the Decision-maker and the Director specific
				  to coverage under this permit, and a copy of the NGPC;
(2) A copy of your PDMP, including any modifications made to
				  the PDMP during the term of this general permit.
(3) Copy of annual reports submitted to the Director;
(4) Documentation of equipment calibration (only if
				  Decision-maker is also the Applicator);
(5) Information on each treatment area to which pesticides
				  are discharged, including;
(A) Description of each treatment area, including location
				  and size (acres or linear feet) of treatment area and identification of any
				  state waters, either by name or by location, to which pesticide(s) are
				  discharged;
(B) Pesticide use pattern(s) (i.e., mosquito and other flying
				  insects, weed and algae, animal pest, or forest canopy);
(C) Target pest(s) and explanation of need for pest
				  control;
(D) Action Thresholds;
(E) Method and/or data used to determine that action
				  threshold(s) has been met;
(F) Description of pest management measure(s) implemented
				  prior to the first pesticide application;
(G) Company name and contact information for pesticide
				  applicator;
(H) Name of each pesticide product used including the EPA
				  registration number;
(I) Quantity of each pesticide product applied to each
				  treatment area;
(J) Pesticide application date(s); and
(K) Whether or not visual monitoring was conducted during
				  pesticide application and/or post-application and if not, why not and whether
				  monitoring identified any possible or observable adverse incidents caused by
				  application of pesticides.
(e) Retention of Records for All Operators.
All required records must be documented as soon as possible
				  but no later than 14 calendar days following completion of each pesticide
				  application. Operators must retain any records required under this permit for
				  at least five (5) years after the operator's coverage under this permit expires
				  or is terminated. Operators must make available to the State, including EPA or
				  an authorized representative of EPA, all records kept under this permit upon
				  request and provide copies of such records, upon request.
(f) Annual Reporting for Any Decision-maker Required to
				  Submit an NOI and Who is a Large Entity.
Any Decision-makers required to submit an NOI and are defined
				  as a large entity in section
				  11-55-01,
				  must submit an annual report to the Director. Once a Decisionmaker meets the
				  obligation to submit an annual report, the Decision-maker must submit the
				  annual report each calendar year thereafter for the duration of coverage under
				  this general permit, whether or not the Decision-maker has discharges from the
				  application of pesticides in any subsequent calendar year. The Decision-maker
				  must submit the annual report to the Director no later than February 15, in pdf
				  format (minimum of 300 dpi) on CD/DVD, of the following year for all pesticide
				  activities covered under this permit occurring during the previous calendar
				  year. Annual reporting requirements begin with those discharges occurring after
				  the adjustment period.
Any Decision-maker required to submit an NOI based on an
				  annual treatment area threshold must include information for the calendar year,
				  with the first annual report required to include activities for the portion of
				  the calendar year after the point at which the Decision-maker exceeded the
				  annual treatment area threshold. If the Decision-maker first exceeds an annual
				  treatment area threshold after December 1, an annual report is not required for
				  that first partial year but an annual report is required thereafter, with the
				  first annual report submitted also including information from the first partial
				  year.
When Decision-makers terminate permit coverage, as specified
				  in appendix A of chapter 11-55/ an annual report must be submitted for the
				  portion of the year up through the date of termination. The annual report is
				  due no later than February 15 of the next year.
The annual report must contain the following
				  information:
(1) Decision-maker's name and contact information;
(2) NPDES file number
(3) Contact person name, title, e-mail address (if any), and
				  phone number; and
(4) For each treatment area, report the following
				  information:
(A) Description of treatment area, including location and
				  size (acres or linear feet) of treatment area and identification of any state
				  waters, either by name or by location, to which pesticide(s) are discharged;
(B) Pesticide use pattern(s) (i.e., mosquito and other flying
				  insects, weed and algae, animal pest, or forest canopy) and target
				  pest(s);
(C) Company name(s) and contact information for pesticide
				  applicator(s), if different from the Decision-maker;
(D) Total amount of each pesticide product applied for the
				  reporting year by the EPA registration number(s) and by application method
				  (e.g., aerially by fixed-wing or rotary aircraft, broadcast spray,
				  etc.);
(E) Whether this pest control activity was addressed in the
				  PDMP prior to pesticide application;
(F) The approximate date(s) of any discharge;
(G) If applicable, an annual report of any adverse incidents
				  as a result of these treatment(s), for incidents, as described in Section
				  6(d)(1) of this general permit; and
(H) If applicable, description of any corrective action(s),
				  including spill responses, resulting from pesticide application activities and
				  the rationale for such action(s).
(g) Submittal Requirements
(1) All submittals shall be addressed 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
(2) The operator 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
				  persnns 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."
(3) The operator 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
				  on future correspondence or submittals may be a basis for delay of the
				  processing of the document(s).
8. Notice of Intent Requirements
(a) The owner or duly authorized representative shall submit
				  a complete NOI in accordance with the deadline in Section 1(f), Table 2 or
				  thirty days before the expiration date of the applicable notice of general
				  permit coverage.
(b) The owner or 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) Pesticide use activities that trigger the PGP
				  requirements;
(3) If the operator is a Large entity that triggers
				  developing a PDMP and submittal of an annual report;
(4) Pest Management Area name and map of the location of the
				  area or description of the Pest Management Area in detail; and
(5) Name of the water quality impaired waters; class 1,
				  inland or class AA, marine waters, or areas restricted in accordance with the
				  State's "no discharge" policy; or to surface drinking waters and their
				  tributaries up-stream for which permit coverage is being requested and
				  demonstration of eligibility for such discharges.
(c) The owner or duly authorized representative shall submit
				  Notice of Intent Forms on Forms specified by the CWB.
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/
(see
				  CWB NOI Form M).
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.