Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 62 - WASTEWATER SYSTEMS › Appendix A - INDIVIDUAL PERMIT STANDARD CONDITIONS

Current through June, 2024
July 1, 2014
1. Duty to comply
2. Compliance with sludge standards
3. Compliance with wastewater effluent standards
4. Compliance with water quality standards
5. Clean Water Act (CWA) penalties
6. Signatory and certification requirement
7. Duty to reapply
8. Need to halt or reduce activity not a defense
9. Duty to mitigate
10. Proper operation and maintenance
11. Permit actions
12. Property rights
13. Duty to provide information
14. Inspection and entry
15. Sampling requirements and definitions
16. Monitoring and recordkeeping
17. Notice requirements
18. Reopener clause
19. Transfers by modification
20. Automatic transfers
21. Minor modification of permits
22. Modification or revocation and reissuance of
				  permits
23. Termination of permits
24. Availability of reports
25. Civil and criminal liability
26. State law
27. Severability
The following conditions apply to permits unless otherwise
				  specified. "Permittee" refers to a person to whom an individual permit has been
				  issued.
1. Duty to comply.
Permittees shall comply with
				  and are subject to §
									11-62-06(q).
2. Compliance with sludge standards.
Permittees
				  shall comply with HAR chapter
				  11-62, subchapter 4.
3. Compliance with wastewater effluent standards.
Permittees treating wastewater shall comply with §
									11-62-26 and, if applicable,
				  § 11-26-27.
4. Compliance with water quality standards.
Permittees shall not cause or contribute to any violation of applicable
				  sections of HAR chapter
				  11-54.
5. Clean Water Act (CWA) penalties.
The monetary
				  fines and imprisonment terms referred to in
				  40 CFR
				  §§501.15(b)(3), on
				  CWA §309; 501,15(b) (11) (ii), on false statement, representation, or
				  certification; and §501.15(b) (10), on falsification, tampering with, or
				  rendering inaccurate any monitoring device or method; all apply, in addition to
				  any state penalties.
6. Signatory and certification requirements.
Each permit application, report, notice, and any information submitted to the
				  director shall be signed and certified as required by §
									11-62-52.
7. Duty to reapply.
Permittees shall comply with
				  §
									11-62-57.04.
8. Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee in an enforcement action that
				  it would have been necessary to halt or reduce the permitted activity in order
				  to maintain compliance with the conditions of this permit.
9. Duty to mitigate.
Permittees shall comply
				  with §
									11-62-06(j).
10. Proper operation and maintenance.
Permittees
				  shall comply with §
									11-62-06(e).
11. Permit actions.
This permit may be modified,
				  revoked and reissued, or terminated for cause. The filing of a request by the
				  permittee for a permit modification, revocation and reissuance, or termination,
				  or a notification of planned changes or anticipated noncompliance does not stay
				  any permit condition.
12. Property rights.
This permit does not convey
				  any property rights of any sort, or any exclusive privilege.
13. Duty to provide information.
The permittee
				  shall furnish to the director, within a reasonable time, any information which
				  the director may request to determine whether cause exists for modifying,
				  revoking and reissuing, or terminating this permit or to determine compliance
				  with this permit. The permittee shall also furnish to the director, upon
				  request, copies of records required to be kept by this permit.
14. Inspection and entry.
The permittee shall
				  allow the director, or an authorized representative, upon the presentation of
				  credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated
				  facility or activity is located or conducted, or where records must be kept
				  under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records
				  that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facility, equipment
				  (including monitoring and control equipment)/ practices, or operations
				  regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of
				  assuring permit compliance or as otherwise authorized by the Clean Water Act,
				  any substances, parameters, or practices at any location.
15. Sampling requirements
.
a. Sampling points. All samples shall be taken at the
				  monitoring points specified in this permit and, unless otherwise specified,
				  before final use, disposal, or discharge. Monitoring points shall not be
				  changed without notification to and the approval of the director. No use,
				  disposal, or discharge is authorized which does not totally pass through the
				  final monitoring point,
b. Calibration. The permittee shall periodically calibrate
				  and perform maintenance on all monitoring and analytical equipment used to
				  monitor the pollutants, sludge, and other items specified by the director under
				  this permit, at intervals which will ensure the accuracy of measurements, but
				  no less than the manufacturer's recommended intervals or one year intervals
				  (whichever comes first). [Records of calibration shall be kept pursuant to
				  section 13(b) of this general permit.]
16. Monitoring and recordkeeping.
a. Monitoring results shall be reported at a frequency
				  specified here or elsewhere in the permit, whichever is greater. The frequency
				  of sampling shall be dependent on the size of the wastewater system, nature and
				  effect of the wastewater, reclaimed water, and wastewater sludge use and
				  disposal practices. At a minimum, the frequency shall be as required by
				  §§
									11-62-26(a),
				  11-62-26(c),
				  11-62-28(a), and
				  subchapter 4.
b. Representative sampling. Samples and measurements taken
				  for the purpose of monitoring shall be representative of the monitored
				  activities listed in §§
									11-62-26(a),
				  11-62-26(c),
				  11-62-28(a), and
				  subchapter 4.
As used in this section, a representative sample means that
				  the content of the sample shall (1) be identical to the content of the
				  substance sampled at the time of the sampling; (2) accurately represent the
				  monitored item (for example, sampling to monitor final effluent quality shall
				  accurately represent that quality, even though the sampling is done upstream of
				  the discharge point); and (3) accurately represent the monitored item for the
				  monitored time period (for example, sampling to represent monthly average
				  effluent flows shall be taken at times and on days that cover significant
				  variations). Representative sampling may mean including weekends and storms and
				  may mean taking more samples than the minimum number specified elsewhere in the
				  permit. The burden of proving that sampling or monitoring is representative
				  shall be on the permittee.
c. Record retention. The permittee shall retain records of
				  all monitoring information, including all calibration and maintenance records
				  and all original strip chart recordings for continuous monitoring
				  instrumentation copies of all reports required by this permit, and records of
				  all data used to complete the application for this permit, for a period of at
				  least five (5) years from the date of the sample, measurement, report or
				  application. This period may be extended by request of the director of health
				  at any time.
d. Records' content. Records of monitoring information shall
				  include:
(1) The date, exact place, and time of sampling or
				  measurements;
(2) The name of individual(s) who performed the sampling or
				  measurements;
(3) The dates) analyses were performed;
(4) The name of individual(s) who performed the
				  analyses;
(5) The analytical techniques or methods used and if
				  available, references and written procedures for these techniques or methods;
				  and
(6) The results of such analyses, including bench sheets,
				  instrument readouts, etc, used to determine these results.
e. Monitoring procedures. Unless other procedures have been
				  specified in this permit, monitoring shall be conducted according to test
				  procedures approved under 40 CFR Part 136 or, in the case of sludge use or
				  disposal, approved under 40 CFR Part 503.
17. Notice requirements.
a. Planned changes. The permittee shall give notice to the
				  director as soon as possible of any planned physical alterations or additions
				  to the permitted facility, or significant changes planned in the permittee's
				  sludge use or disposal practice, where such alterations, additions, or changes
				  may justify the application of permit conditions that are different from or
				  absent in the existing permit, including notification of additional disposal
				  sites not reported during the permit application process or not reported
				  pursuant to an approved land application plan.
b. Anticipated noncompliance. The permittee shall give
				  advance notice to the director of any planned changes in the permitted facility
				  or activity which may result in noncompliance with permit requirements,
c. Transfers. This permit is not transferable to any person
				  except after notice to the director. The director may require modification or
				  revocation and reissuance of the permit to change the name of the permittee and
				  incorporate such other requirements as may be necessary under the CWA.
d. Other noncompliance reporting. The permittee shall report
				  all instances of noncompliance. Reports of noncompliance shall if applicable
				  follow the spill protocol of appendix C otherwise shall be submitted with the
				  permittee's next self monitoring report or earlier if requested by the director
				  or if required by an applicable standard for wastewater sludge use or disposal
				  or condition of this permit.
e. Other information. Where the permittee becomes aware that
				  it failed to submit any relevant facts in a permit application, or submitted
				  incorrect information in a permit application or in any report to the director,
				  it shall promptly submit such facts or information,
18. Reopener clause.
a. If the standards for wastewater and wastewater sludge
				  applicable to the permittee's use, disposal, or discharge method are
				  promulgated under the Clean Water Act, the Hawaii Revised Statutes, or the
				  Hawaii Administrative Rules before the expiration date of this permit, and
				  those standards are more stringent than the wastewater or wastewater sludge
				  pollutant limits or acceptable management practices authorized in this permit,
				  or controls a pollutant or practice not limited in this permit, this permit may
				  be promptly modified or revoked and reissued to conform to the standards for
				  wastewater or wastewater sludge use disposal, or discharge by no later than the
				  compliance deadline specified in the regulations establishing those standards,
				  whether or not this permit has been modified or revoked and reissued.
b. This permit shall be modified or revoked and reissued at
				  any time if, on the basis of any new data, the director determines that
				  continued wastewater or wastewater sludge use, disposal, or discharge may cause
				  unreasonable degradation of the environment.
c. The permittee shall comply with new standards for
				  wastewater sludge use or disposal adopted in 40 CFR 503 during the term of the
				  permit, if they are more stringent than the terms of the permit and chapter
				  11-62,
				  even if this permit has not yet been modified to incorporate the
				  standards.
19. Transfers by modification.
Except as
				  provided in condition 20 of these standard conditions, a permit may be
				  transferred by the permittee to a new owner or operator only if the permit has
				  been modified or revoked and reissued to identify the new permittee and
				  incorporate such other requirements as may be necessary to assure compliance
				  with the CWA.
20. Automatic transfers.
As an alternative to
				  transfers under condition 19 of these standard conditions, the director may
				  authorize automatic transfer of any permit issued under this rule to a new
				  permittee if:
a. The current permittee notifies the director at least 30
				  days in advance of the proposed transfer date in condition 20.c. of these
				  standard conditions;
b. The notice includes a written agreement between the
				  existing and new permittee containing a specific date for transfer of permit
				  responsibility, coverage, and liability between them; and
c. The director does not notify the existing permittee and
				  the proposed new permittee of the director's intent to modify or revoke and
				  reissue the permit. If this notice is not received, the transfer is effective
				  on the date specified in the agreement of condition 20.b of these standard
				  conditions.
21. Minor modification of permits.
Upon the
				  consent of the permittee, the director may modify a permit to make the
				  corrections or allowances for changes in the permitted activity listed in this
				  section without following the procedures of § 11-62-57,02. Any permit
				  modification not processed as a minor modification under this section must be
				  made for cause and with draft permit and public notice as required. Minor
				  modifications may only:
a. Correct typographical errors;
b. Require more frequent monitoring or reporting by the
				  permittee;
c. Change an interim compliance date in a schedule of
				  compliance provided the new date is not more than 120 days after the date
				  specified in the existing permit and does not interfere with attainment of the
				  final compliance date requirement; and
d. Allow for a change in ownership or operational control of
				  a facility where the director determines that no other change in the permit is
				  necessary, provided that a written agreement containing a specific date for
				  transfer of permit responsibility, coverage, and liability between the current
				  and new permittee has been submitted to the director.
22. Modification or revocation and reissuance of
				  permits.
Permittees shall comply with and are subject to §
									11-62-57.02, except for minor
				  modifications.
23. Termination of permits.
Permittees are
				  subject to §
									11-62-57.03 and general permittees
				  are also subject to §
									11-62-55.03.
24. Availability of reports.
Except for data
				  determined to be confidential under HRS § 3420-14, all reports prepared in
				  accordance with the terms of this permit shall be available for public
				  inspection at the offices of the director. As required by this rule, permit
				  applications, permits, and effluent and wastewater sludge data shall not be
				  considered confidential.
25. Civil and criminal liability.
Nothing in
				  this permit shall be construed to relieve the permittee from civil or criminal
				  penalties for noncompliance,
26. State law.
Nothing in this permit shall be
				  constructed to preclude the institution of any legal action or relieve the
				  permittee from any responsibilities, liabilities, or penalties established
				  pursuant to any applicable state law or regulation.
27. Severability.
The provisions of this permit
				  are severable, and if any provision of this permit, or the application of any
				  provision of this permit to any circumstance, if held invalid, the application
				  of such provision to other circumstances, and remainder of this permit, shall
				  not be affected thereby.