Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.09 - Notice of intent review, notice of general permit coverage, additional conditions, terms, renewals, effective dates, and automatic coverage

Current through June, 2024
(a) After receipt of a notice of intent, the
				director may notify the owner or operator or its duly authorized representative
				in writing that the notice of intent is complete or incomplete, whether the
				proposed activity or discharge(s) is covered under a general permit, or whether
				an individual permit application is required. The director may deny without
				prejudice the notice of intent to be covered by a general permit if the owner
				or operator or its duly authorized representative does not respond or failed to
				respond in writing within thirty days of the date of the director's written
				notification that the notice of intent is incomplete.
(b) After receipt of the complete notice of
				intent, the director may notify the owner or operator in writing of a notice of
				general permit coverage. This includes issuing a notice of general permit
				coverage after automatic coverage applies under subsection (e)(2) even if the
				owner or operator has not waived automatic coverage. The director may impose
				conditions in a notice of general permit coverage or add conditions to an
				issued notice of general permit coverage to ensure that the activity or
				discharge(s) complies with the terms and conditions of the general permit and
				to ensure that state water quality standards will not be violated.
(c) A notice of general permit coverage may
				limit coverage under the general permit to a term of less than five
				years.
(d) The director may,
				automatically or by notification, administratively extend a notice of general
				permit coverage. A notice of general permit coverage shall be considered to
				have been automatically extended unless the department informs the permittee
				otherwise. The department shall inform the permittee of any deadlines to submit
				a complete NOI to request authorization to discharge under the new general
				permit. Any permittee granted coverage under the general permit that receives
				an administrative extension for coverage, shall remain covered by the general
				permit until the earlier of:
* Authorization for coverage under reissuance or replacement
				  of the general permit;
* The permittee's submittal of a notice of cessation;
* The issuance of an individual NPDES permit;
* A formal permit decision by the director not to reissue
				  this general permit, at which time the permittee must seek coverage under an
				  alternative general or individual permit; or
* A formal permit decision by the director to terminate the
				  administrative extension due to the Permittee failing to submit by the deadline
				  specified by the director, a complete NOI to request authorization to discharge
				  under the new general permit.
The department shall notify the permittee in writing that its
				  administrative extension is being terminated and the reason(s) why. An
				  administrative extension of an NGPC granted, automatically or by notification,
				  for a project which later is found to be in non-compliance may be terminated
				  and may be required to apply for individual NPDES permit coverage.
The permittee who submits a notice of intent for renewal of
				  the notice of general permit coverage shall be treated as an owner or operator
				  applying for permit renewal under section
				  342D-6(h),
				  HRS.
(e) Authorization to
				discharge under the general permit is effective upon the earlier of:
(1) Notification by the department of general
				permit coverage under subsection (b); or
(2) The thirtieth day after receipt at the
				clean water branch of the department of a complete notice of intent for a new
				notice of general permit coverage and the applicable filing fee, unless before
				the thirtieth day the director notifies the owner or its duly authorized
				representative that the notice of intent is incomplete. This paragraph does not
				apply to a notice of intent for renewal of a notice of general permit coverage.
This paragraph does not apply to a notice of intent for small
				  municipal separate storm sewer systems.