Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-04 - Application for NPDES permit, notice of intent, or conditional "no exposure" exclusion

Current through June, 2024
(a) Before
				discharging any pollutant, or beginning construction activities that disturb
				one or more acres of land or construction activities that disturb less than one
				acre of total land area that is part of a larger common plan of development or
				sale if the larger common plan will ultimately disturb one acre or more of
				total land area, or substantially altering the quality of any discharges, or
				substantially increasing the quantity of any discharges, or for regulated small
				municipal separate storm sewer systems, unless the director waives NPDES permit
				coverage in accordance with
				40
				CFR §
										122.32(d) or (e),
				a person shall submit a complete NPDES permit application (which shall include
				whole effluent toxicity testing data as specified in
				40 CFR
				§
										122.21(j) ( 5)),
				submit a complete notice of intent, except for the point source discharges from
				the application of pesticides, if not required (refer to Appendix M) or, for
				certain storm water discharges, meet all requirements for a conditional "no
				exposure" exclusion. Submittal of a notice of intent for coverage under a
				general permit shall comply with and be regulated by sections 11-55-34.08
				through 11-55-34.10. Conditional "no exposure" exclusions shall comply with and
				be regulated by subsection (e). An NPDES permit application shall be submitted:
(1) At least one hundred eighty days before
				the discharge or construction begins or, for renewals, at least three hundred
				sixty days before the expiration date of the existing permit. The director may
				waive this three hundred sixty day requirement by issuing the permit with an
				effective date before the three hundred sixty days expire;
(2) In sufficient time prior to the beginning
				of the discharge of pollutants to ensure compliance with the requirements of
				new source performance standards under Section 306 of the Act,
				33 U.S.C. §
											1316, or with any applicable zoning or site
				requirements established under Section 208(b)(2)(C) of the Act,
				33 U.S.C. §
											1288(b)(2)(C), and any other
				applicable water quality standards and applicable effluent standards and
				limitations;
(3) For any storm
				water discharge associated with industrial activity from an existing facility
				that is owned or operated by a municipality with a population of less than
				100,000 that is not authorized by a general or individual permit, other than an
				airport, power-plant, or uncontrolled sanitary landfill;
(4) For any discharge from an existing
				regulated small municipal separate storm sewer system which is not qualified to
				obtain coverage under the general permit. The permit application shall be made
				under
				40
				CFR §
											122.33 if the small municipal
				separate storm sewer system is designated under
				40
				CFR §
											122.32(a)(1). A
				small municipal separate storm sewer system, including but not limited to
				systems operated by federal, state, and local governments, including state
				departments of transportation, is regulated when it is located in an urbanized
				area as determined by the latest decennial census by the Bureau of the Census.
				(If the small municipal separate storm sewer system is not located entirely
				within an urbanized area, only the portion that is within the urbanized area is
				regulated.) Small municipal separate storm sewer systems located outside of
				urbanized areas shall submit an NPDES permit application if the department
				determines that the system1s storm water discharge results in or has the
				potential to result in exceedances of water quality standards, including
				impairment of designated uses, or other significant water quality impacts,
				including habitat and biological impacts. The department shall evaluate the
				small municipal separate storm sewer system with the following elements, at a
				minimum: discharge to sensitive waters, high growth or growth potential, high
				population density, contiguity to an urbanized area, significant contributor of
				pollutants to State waters, and ineffective protection of water quality by
				other programs. The NPDES permit application shall be submitted within one
				hundred eighty days of notice from the department;
(5) For any discharge from a regulated
				concentrated animal feeding operation. The permit application shall be made
				under
				40 CFR
				§
											122.21;
(6) (Reserved); or
(7) At least one hundred eighty days before
				the construction activity as identified in
				40
				CFR §
											122.26(b)(l4)(x)
				or small construction activity as defined in
				40
				CFR §
											122.26(b)(l5)(i)
				begins and is not qualified to obtain coverage under the general
				permit.