Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix B - NPDES GENERAL PERMIT AUTHORIZING DISCHARGES OF STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES

Current through June, 2024
1. Coverage under this General Permit
(a) This general permit covers discharges composed entirely
				  of storm water runoff associated with industrial activity, as defined in
				  40
				  CFR §§
										122.26(b)(14)(i) through
				  122.26(b)(14)(ix)
				  and
				  122.26(b)(14)(xi).
(b) This general permit covers all areas of the State except
				  for discharges in or 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 titled "Water Quality
				  Standards."
2. Limitations on Coverage under this General Permit
(a) This general permit does not cover the following:
(1) Storm water discharges associated with industrial
				  facilities which flow into a sanitary sewer system;
(2) Storm water discharges in categories for which storm
				  water discharge limitation guidelines have been promulgated by the EPA;
(3) Storm water discharges associated with construction
				  activities;
(4) Storm water discharges from industrial facilities which
				  initially enter separate storm water drainage systems, unless a permit,
				  license, or equivalent written approval is granted by the owner(s) of the
				  drainage system(s) allowing the subject discharge to enter their drainage
				  system(s); except if the permittee is the owner of the drainage system;
(5) Storm water discharges for which the director has issued
				  a notice of general permit coverage under another general permit specific to
				  that type of industrial activity;
(6) Storm water discharges for which the director has
				  received a "no exposure' certification for a conditional "no exposure"
				  exclusion;
(7) Storm water discharges from municipal separate storm
				  water drainage systems;
(8) Storm water discharges the director finds more
				  appropriately regulated under an individual permit; and
(9) Storm water discharges where the circumstances have
				  changed since the time of the request to be covered so that the permittee is no
				  longer appropriately controlled under the general permit, or either a temporary
				  or permanent reduction or elimination of the authorized discharge is
				  necessary.
(b) The director may require any permittee authorized by this
				  general permit to apply for and obtain an individual permit, in accordance with
				  sections
				  11-55-34.05
				  and
				  11-55-34.10.
3. Term of General Permit
(a) This general permit becomes effective when section
				  11-55-34.02(b)(1)
				  becomes effective ten days after filing with the office of the lieutenant
				  governor. This general permit expires four years after the effective date or
				  when amendments to section
				  11-55-34.02(b)(1)
				  are adopted, whichever is earlier.
(b) A notice of general permit coverage under this general
				  permit expires:
(1) Four years after the effective date of this general
				  permit;
(2) When the notice of general permit coverage specifies;
				  or
(3) When amendments to section
				  11-55-34.02(b)(1)
				  are adopted,
whichever is earliest, unless the notice of general permit
				  coverage is administratively extended under section
				  11-55-34.09(d).
4. Notice of Intent Requirements
(a) The owner or its duly authorized representative shall
				  submit a complete notice of intent no later than thirty days before the
				  proposed starting date of the facility industrial activity or thirty days
				  before the expiration date of the applicable notice of general permit
				  coverage.
(b) The owner or its duly authorized representative shall
				  include the following information in the notice of intent:
(1) Information required in section 34 of appendix A of
				  chapter
				  11-55;
(2) List of up to four Standard Industrial Classification
				  codes or North American Industrial Classification System codes that best
				  represent the products or activities of the facility;
(3) Existing quantitative and qualitative data which describe
				  the concentrations of pollutants in storm water discharges. In cases when this
				  data is not available at the time of notice of intent submission due to lack of
				  representative rainfall event for sampling, the permittee shall monitor the
				  next representative rainfall event and submit the data to the director of
				  health within sixty calendar days after sample collection;
(4) Facility site map; and
(5) Storm water pollution control plan, which meets the
				  applicable requirements as specified in sections 6 or 7 or both of this general
				  permit.
(A) The applicant for a proposed facility shall submit the
				  storm water pollution control plan to the director within one hundred twenty
				  days after the issuance date of the notice of general permit coverage or by the
				  date the applicant claimed automatic coverage as specified in section
				  11-55-34.09(e)(2),
				  or by the date the facility begins operations. The permittee for a proposed
				  facility shall implement its storm water pollution control plan within one
				  hundred eighty days after submittal to the director.
(B) The permittee for a facility which is currently covered
				  by a notice of general permit coverage shall submit its existing or updated
				  storm water pollution control plan, which meets the applicable requirements as
				  specified in sections 6 or 7 or both of this general permit, with the notice of
				  intent and shall continue to implement the storm water pollution control plan
				  during the processing of the notice of intent.
(C) The applicant for an existing facility not currently
				  covered by a notice of general permit coverage shall submit a storm water
				  pollution control plan with the notice of intent, which meets the applicable
				  requirements in sections 6 or 7 or both of this general permit. If a storm
				  water pollution control plan is not available at the time of the notice of
				  intent submittal, the applicant may request that the storm water pollution
				  control plan be submitted within one hundred twenty days after the issuance
				  date of the notice of general permit coverage or by the date the applicant
				  claimed automatic coverage as specified in section
				  11-55-34.09(e)(2).
				  The permittee shall implement its storm water pollution control plan upon
				  submittal to the director.
(c) The director may require additional information to be
				  submitted.
(d) The owner or its duly authorized representative shall
				  submit a complete notice of intent to the director at the following address or
				  as otherwise specified:
Director of Health
Clean Water Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, Hawaii 96801-3378
5. Standard Conditions
The permittee shall comply with the standard conditions as
				  specified in appendix A of chapter
				  11-55. In case of conflict between the
				  conditions stated here and those specified in the standard general permit
				  conditions, the more stringent conditions shall apply.
6. Storm Water Pollution Control Plan Requirements
(a) The permittee shall develop and implement a storm water
				  pollution control plan to minimize the discharge of pollutants in storm water
				  runoff and to maintain compliance with conditions of this general permit. The
				  storm water pollution control plan shall include the following:
(1) Brief facility description;
(2) Site map identifying the locations of drainage
				  structures; outline of each drainage area; paved areas and buildings and other
				  ground cover within each drainage area; each past or present area for outdoor
				  storage, industrial activities, or disposal of materials; each past or present
				  area of a significant spill (as identified in sections 6(a)(5) and 6(a)(6) of
				  this general permit); structural measures for the control of storm water;
				  material loading and access areas; areas where pesticides, herbicides, soil
				  conditioners and fertilizers are applied; hazardous waste storage or disposal
				  areas or both; underground injection wells; sampling locations, outfall
				  locations; and the nearest receiving state water(s);
(3) Pollutant control strategy identifying potential
				  pollutants, pollutant sources, and control strategies used to minimize the
				  discharge of pollutants. The permittee shall consider the use of containment
				  structures, covering materials by roof or tarpaulin, preventive maintenance,
				  good housekeeping measures, waste minimization, removal of exposed pollutants,
				  and spill prevention practices;
(4) Spill prevention and response plan that identifies spill
				  prevention and response measures and facility personnel responsible for its
				  implementation and conforms with the reporting requirements. Responsible
				  personnel shall be available at all times when the facility is in
				  operation;
(5) Existing information regarding significant leaks or
				  spills of toxic or hazardous pollutants at the facility that have taken place
				  within the five years before the submittal of this storm water pollution
				  control plan;
(6) Existing information regarding any discharge of storm
				  water resulting in the discharge of a reportable quantity for which
				  notification is or was required under
				  40 CFR
				  §
										110.6 at anytime since November 16,
				  1987;
(7) Storm water monitoring plan that includes the
				  following:
(A) Rationale for selecting sampling locations. Where two or
				  more outfalls are expected, based on the features and activities within the
				  drainage areas, to convey substantially similar storm water discharges, the
				  permittee may request to monitor only one of those outfalls. The director may
				  approve the request if the permittee demonstrates that the outfalls monitored
				  are representative for the overall storm water discharges from the facility.
				  The justification for the outfall sampling locations chosen shall be
				  incorporated into the monitoring plan. The permittee shall sample for all
				  potentially present pollutants as identified in the notice of intent; as listed
				  in Federal Register, Vol. 73, No. 189, pages 56572-56578, dated September 29,
				  2008; or the storm water pollution control plan;
(B) Sample collection methods, including quality
				  assurance/quality control methods;
(C) List of parameters to be monitored;
(D) Type of sample to be taken for each parameter to be
				  monitored;
(E) Test procedures to be used for each parameter to be
				  monitored;
(F) Detection limit for each test procedure;
(G) Method to calculate storm water flow;
(H) Procedures to collect storm event information, including
				  the date, duration, and starting and ending times of the storm event, and the
				  duration between the storm event and the end of the previous rainfall event
				  with rainfall greater than 0.1 inches; and
(I) Procedures to inspect receiving state waters, storm water
				  runoff, control measures, and best management practices to detect violations of
				  the basic water quality criteria as specified in section
				  11-54-4;
(8) Procedures for implementing, reviewing, and updating the
				  storm water pollution control plan including:
(A) Annual employee education or training program that
				  ensures the storm water pollution control plan will be properly
				  implemented;
(B) Protocol for inspections that ensures the pollutant
				  control strategy and the spill prevention and response plan are being
				  effectively carried out; and
(C) Documentation procedures for all inspections and reviews
				  required in the storm water pollution control plan.
(b) The permittee shall retain the storm water pollution
				  control plan, and all subsequent revisions, on-site or at a nearby
				  office.
(c) The permittee shall conduct facility inspections as
				  specified in Federal Register, Vol. 73, No. 189, pages 56572-56578, dated
				  September 29, 2008; to ensure that the storm water pollution control plan
				  remains effective, otherwise, the permittee shall conduct facility inspections
				  at least semi-annually. The permittee shall maintain a record of the
				  following:
(1) Dates on which inspections were conducted;
(2) Inspection findings; and
(3) Corrective actions taken.
(d) The permittee shall review and update the storm water
				  pollution control plan as often as needed to comply with the conditions of this
				  general permit or conditions of the notice of general permit coverage,
				  whichever is more stringent, or as required by the director. The permittee
				  shall document and report any changes to the storm water pollution control plan
				  to the director within thirty days of when the changes arise. The permittee
				  shall retain the storm water pollution control plan and all accompanying
				  records, reports, and changes, for a period of at least five years after the
				  expiration of this general permit unless otherwise noted in section 13 of this
				  general permit.
7. Additional Conditions for Facilities Subject to Superfund
				  Amendments and Reauthorization Act Section 313 Requirements.
The permittee for facilities subject to reporting
				  requirements under Superfund Amendments and Reauthorization Act of 1986, Title
				  III, Section 313,
				  42 U.S.C. §
										11023 for chemicals which are classified as
				  "Section 313 water priority chemicals" in accordance with the definition in
				  section 7(c) shall describe and ensure in the storm water pollution control
				  plan the implementation of practices which are necessary to provide conformance
				  with the following guidelines:
(a) In areas where Section 313 water priority chemicals are
				  stored, processed or otherwise handled, the permittee shall provide appropriate
				  containment, drainage control or diversionary structures or both. At a minimum,
				  the permittee shall use one of the following preventive systems or its
				  equivalent:
(1) Curbing, culverting, gutters, sewers or other forms of
				  drainage control to prevent or minimize the potential for storm water runoff to
				  come into contact with significant sources of pollutants; or
(2) Roofs, covers or other forms of protection to prevent
				  storage piles from exposure to storm water and wind.
(b) In addition to the minimum standards listed under section
				  7(a) above, the permittee shall include in the storm water pollution control
				  plan a complete discussion of measures taken to conform with the following
				  applicable guidelines, other effective storm water pollution control
				  procedures, and applicable state rules, regulations, and guidelines:
(1) Liquid storage areas where storm water comes into contact
				  with any equipment, tank, container, or other vessel used for Section 313 water
				  priority chemicals.
(A) The permittee shall not use any tank or container for the
				  storage of a Section 313 water priority chemical unless its material and
				  construction are compatible with the material stored and conditions of storage
				  such as pressure and temperature, etc.
(B) The permittee shall operate liquid storage areas for
				  Section 313 water priority chemicals to minimize discharges of Section 313
				  chemicals. Appropriate measures to minimize discharges of Section 313 chemicals
				  may include secondary containment provided for at least the entire contents of
				  the largest single tank plus sufficient freeboard to allow for precipitation, a
				  strong spill contingency and integrity testing plan or other equivalent
				  measures or both.
(2) The permittee shall incorporate drainage or other control
				  features which will minimize the discharge of Section 313 water priority
				  chemicals from material storage areas for Section 313 water priority chemicals
				  other than liquids which are subject to runoff, leaching, or wind.
(3) The permittee shall operate truck and rail car loading
				  and unloading areas for liquid Section 313 water priority chemicals to minimize
				  discharges of Section 313 water priority chemicals. The permittee shall provide
				  protection such as overhangs or door skirts to enclose trailer ends at truck
				  loading/unloading docks as appropriate. Appropriate measures to minimize
				  discharges of Section 313 chemicals may include: the placement and maintenance
				  of drip pans (including the proper disposal of materials collected in the drip
				  pans) where spillage may occur (such as hose connections, hose reels and filler
				  nozzles) for use when making and breaking hose connections; a strong spill
				  contingency and integrity testing plan; or other equivalent measures or any
				  combination thereof.
(4) The permittee shall operate processing equipment and
				  materials handling equipment in facility areas where Section 313 water priority
				  chemicals are transferred, processed, or otherwise handled to minimize
				  discharges of Section 313 water priority chemicals. Materials used in piping
				  and equipment shall be compatible with substances handled. The permittee shall
				  provide drainage from process and materials handling areas to minimize storm
				  water contact with Section 313 water priority chemicals. The permittee shall
				  provide additional protection such as covers or guards to prevent exposure to
				  wind, spraying or releases from pressure relief vents from causing a discharge
				  of Section 313 water priority chemicals to the drainage system as appropriate.
				  The Permittee shall perform visual inspections or leak tests for overhead
				  piping conveying Section 313 water priority chemicals without secondary
				  containment.
(5) Discharges from areas covered by section 7(b) (1),
				  7(b)(2), 7(b)(3), or 7(b)(4).
(A) The permittee shall prevent the discharge of a spill or
				  other excessive leakage of Section 313 water priority chemicals by restraining
				  drainage from areas covered by section 7(b)(1), 7(b)(2), 7(b)(3), or 7(b)(4) by
				  valves or other positive means. Where containment units are employed, the
				  permittee shall manually activate pumps or ejectors to empty units.
(B) The Permittee shall not use flapper-type drain valves to
				  drain containment areas. As much as practicable, the Permittee shall use manual
				  valves designed to open-and-close.
(C) If facility drainage is not engineered as described
				  above, the permittee shall equip all in-facility storm sewers with a diversion
				  system that could, in the event of an uncontrolled spill of Section 313 water
				  priority chemicals, return the spilled material to the facility.
(D) The permittee shall keep records of the frequency and
				  estimated volume (in gallons) of discharges from containment areas.
(6) The permittee shall incorporate the necessary drainage or
				  other control features to prevent discharge of spilled or improperly disposed
				  Section 313 water priority chemicals from other areas of the facility not
				  addressed in sections 7(b)(1), 7(b)(2), 7(b)(3), or 7(b)(4) and ensure the
				  mitigation of pollutants in runoff or leachate, from which runoff which may
				  contain or spills of Section 313 water priority chemicals could cause a
				  discharge.
(7) The permittee shall inspect all areas of the facility at
				  specific intervals for leaks or conditions that could lead to discharges of
				  Section 313 water priority chemicals or direct contact of storm water with raw
				  materials, intermediate materials, waste materials or products. In particular,
				  the permittee shall examine facility piping, pumps, storage tanks and bins,
				  pressure vessels, process and material handling equipment, and material bulk
				  storage areas for any conditions or failures which could cause a
				  discharge.
(A) The permittee shall include an inspection for leaks,
				  areas affected by wind, corrosion, support or foundation failure, or other
				  forms of deterioration or noncontainment.
(B) The permittee shall specify inspection intervals in the
				  storm water pollution control plan. The permittee shall base inspection
				  intervals on design and operational experience where different areas may
				  require different inspection intervals.
(C) Where a leak or other condition is discovered which may
				  result in significant releases of Section 313 water priority chemicals to state
				  waters, the permittee shall take immediate action to stop the leak or otherwise
				  prevent the significant release of Section 313 water priority chemicals to
				  state waters or immediately shut down the unit or process until such action can
				  be taken.
(D) When a leak or noncontainment of a Section 313 water
				  priority chemical has occurred, the permittee shall promptly remove and dispose
				  contaminated soil, debris, or other material in accordance with federal, state,
				  and local requirements and as described in the storm water pollution control
				  plan.
(8) The permittee shall have the necessary security systems
				  to prevent accidental or intentional entry which could cause a discharge from
				  the facility. The permittee shall address fencing, lighting, vehicular traffic
				  control, and securing of equipment and buildings in the storm water pollution
				  control plan.
(9) The permittee shall train and inform employees and
				  contractor personnel (who work in areas where Section 313 water priority
				  chemicals are used or stored) on preventive measures at the facility.
(A) The permittee shall conduct employee training at
				  intervals specified in the storm water pollution control plan, but not less
				  than once a year, in matters of pollution laws and regulations, and in the
				  storm water pollution control plan and the particular features of the facility
				  and its operation which are designed to minimize discharges of Section 313
				  water priority chemicals.
(B) The permittee shall designate and include in the storm
				  water pollution control plan a person who is accountable for spill prevention
				  at the facility and who will set up the necessary spill emergency procedures
				  and reporting requirements so that spills and emergency releases of Section 313
				  water priority chemicals can be isolated and contained before a discharge of a
				  Section 313 water priority chemical can occur.
(C) The permittee shall inform contractors or temporary
				  personnel of plant operation and design features in order to prevent discharges
				  or spills from occurring.
(10) The permittee shall have the storm water pollution
				  control plan for a facility subject to Superfund Amendments and Reauthorization
				  Act, Title III, Section 313 requirements for chemicals which are classified as
				  "Section 313 water priority chemicals" reviewed and certified by a licensed
				  professional engineer. The permittee shall have the licensed professional
				  engineer recertify the storm water pollution control plan every three years
				  thereafter or as soon as practical after significant modifications are made to
				  the facility. The licensed professional engineer, having examined the facility
				  and being familiar with the provisions of this part, shall attest that the
				  storm water pollution control plan has been prepared in accordance with good
				  engineering practices. The certification shall in no way relieve the permittee
				  of a facility covered by the storm water pollution control plan of their duty
				  to prepare and fully implement the storm water pollution control plan.
(c) "Section 313 water priority chemicals, means a chemical
				  or chemical categories which:
(1) Are listed at 40 CFR § 372, 65 under Section 313 of
				  Title III of the Superfund Amendments and Reauthorization Act of 1986 also
				  titled the Emergency Planning and Community Right-to-Know Act;
(2) Are present at or above threshold levels at a facility
				  subject to Superfund Amendments and Reauthorization Act, Title III, Section 313
				  reporting requirements; and
(3) Meet at least one of the following criteria:
(A) Are listed in Appendix D of 40 CFR § 122 on either
				  Table II (organic priority pollutants), Table ill (certain metals, cyanide, and
				  phenols) or Table V (certain toxic pollutants and hazardous substances);
(B) Are listed as a hazardous substance under Section
				  311(b)(2)(A) of the Act at
				  40 CFR §
										116.4; or
(C) Are pollutants for which the EPA has published acute or
				  chronic water quality criteria.
8. Storm Water Discharge Limitations and Monitoring
				  Requirements
(a) The storm water discharge shall be limited and monitored
				  by the permittee as specified in this section and in Table 34.1. (Daily maximum
				  storm water discharge limitations for saline water apply only when discharges
				  to saline water occur and daily maximum storm water discharge limitations for
				  fresh water apply only when discharges to fresh water occur.)
(1) Sampling Points
The permittee shall monitor the storm water outfalls, prior
				  to mixing with receiving state water or entering separate storm water drainage
				  systems, as identified in the storm water pollution control plan.
(2) Collection of Samples
(A) The permittee shall collect samples from a discharge
				  resulting from a representative storm event as defined in section
				  11-55-01.
(B) The permittee shall take samples and measurements for the
				  purposes of monitoring which are representative of the volume and nature of the
				  total discharge.
(3) Types of Samples
Definitions for grab sample and composite sample are in note
				  (2) of Table 34.1.
(4) Test Procedures
(A) The permittee shall use test procedures for the analysis
				  of pollutants which conform with regulations published under Section 304(h) of
				  the Act.
B) Unless otherwise noted in this general permit, the
				  permittee shall measure all pollutant parameters in accordance with methods
				  prescribed in 40 CFR Fart 136, promulgated under Section 304(h) of the Act. The
				  permittee may submit applications for the use of alternative test methods in
				  accordance with
				  40
				  CFR §
										136.4.
(C) The permittee shall use test methods with detection
				  limitations that reflect the applicable numerical limitations as specified in
				  chapter
				  11-54. If the test result is not
				  detectable, indicate that the test result is "less than #," where the # is the
				  lowest detection limit of the test method used.
(5) Recording of Results
The permittee shall comply with section 14(c) of appendix A
				  of chapter
				  11-55 for each measurement or sample
				  taken under the requirements of this general permit.
(6) Quantity of Flow
The permittee shall estimate or calculate the quantity of
				  storm water discharged and submit the calculations.
(b) Non-numeric Technology-Based Effluent Limitations. The
				  permittee shall comply with Section 2.1.2 and applicable sector-specific
				  requirements in Part 8 of the EPA's 2008 Multi-Sector General Permit.
(c) Basic Water Quality Criteria and inspections
(1) The permittee shall not cause or contribute to a
				  violation of the basic water quality criteria as specified in section
				  11-54-4.
(2) The permittee shall timely inspect the receiving state
				  waters, storm water runoff, control measures, and best management practices to
				  detect violations of and conditions which may cause violations of the basic
				  water quality criteria as specified in section
				  11-54-4.
				  (e.g., the permittee shall look at the storm water discharge and receiving
				  state waters for turbidity, color, floating oil and grease, floating debris and
				  scum, materials that will settle, substances that will produce taste in the
				  water or detectable off-flavor in fish, and inspect for items that may be toxic
				  or harmful to human or other life.)
(d) Storm Event information. The permittee shall collect the
				  following information for the storm event monitored:
(1) Date, duration (in hours), and starting and ending times
				  of the storm event; and
(2) Duration between the storm event sampled and the end of
				  the previous measurable (greater than 0.1 inch) rainfall event.
9. Corrective Action
The permittee shall immediately stop, reduce, or modify the
				  discharge as needed to stop or prevent a violation of the basic water quality
				  criteria as specified in section
				  11-54-4.
10. Reporting Requirements
(a) Reporting of Monitoring Results
(1) The permittee shall report monitoring results on a
				  discharge monitoring report form (EPA No. 3320-1) or other form as specified by
				  the director. The permittee shall submit results of all monitoring required by
				  this general permit in a format that demonstrates compliance with the
				  limitations in Table 34.1 and other requirements of this general permit.
(2) The permittee shall submit monitoring results at least
				  annually and the results shall be postmarked or received by the department no
				  later than sixty calendar days after sample collection. The first monitoring
				  year shall start on January 1st of the year of the issuance date of the notice
				  of general permit coverage or other date specified by the director in written
				  correspondence to the permittee and end on December 31st. The subsequent
				  monitoring years shall be calendar years.
(3) The permittee shall also submit the monitoring results
				  with laboratory reports, including quality assurance/quality control data;
				  storm water flow calculations; date, duration, starting and ending times of the
				  storm event; date of the previous 0.1 inch rainfall event; and any additional
				  pollutant control strategies to be implemented based on monitoring
				  results.
(4) Should there be no discharges during the monitoring
				  period, the discharge monitoring report form shall so state.
(b) Additional Monitoring by the Permittee
(1) If the permittee monitors any pollutant at location(s)
				  designated herein more frequently than required by this general permit, using
				  approved analytical methods as specified in section 8(a)(4)(B) of this general
				  permit, the permittee shall include the results of this monitoring in the
				  calculation and reporting of the values required in the discharge monitoring
				  report form. The permittee shall also indicate the increased frequency.
(2) If the permittee exceeds any limitation, the permittee
				  shall comply with section 10(c) of this general permit, and continue to monitor
				  every representative storm until limitations are met, unless as otherwise
				  informed by the director.
(c) Reporting of Noncompliance, Unanticipated Bypass, or
				  upset
(1) The permittee or its duly authorized representative shall
				  orally report any of the following when the permittee or its duly authorized
				  representative becomes aware of the circumstances:
(A) Violation of a storm water discharge limitation specified
				  in Table 34.1 or a basic water quality criteria specified in section 8(b) of
				  this general permit;
(B) Discharge or noncompliance with storm water discharge
				  limitations which may endanger health or the environment; or
(C) Unanticipated bypass or upset.
(2) The permittee shall make oral reports by telephone to the
				  Clean Water Branch at (808) 586-4309 during regular office hours which are
				  Monday through Friday (excluding holidays) from 7:45 a.m, until 4:15 p.m. or
				  the Hawaii State Hospital Operator at (808) 247-2191 outside of regular office
				  hours.
(3) The permittee shall provide a written report within five
				  days of the time the permittee or its duly authorized representative becomes
				  aware of the circumstances. The written report shall include the
				  following:
(A) Description of the noncompliance, unanticipated bypass,
				  or upset and its cause;
(B) Period of noncompliance, unanticipated bypass, or upset
				  including exact dates and times;
(C) Estimated time the noncompliance, unanticipated bypass,
				  or upset is expected to continue if it has not been corrected; and
(D) Steps taken or planned to reduce, eliminate, and prevent
				  reoccurrence of the noncompliance, unanticipated bypass, or upset.
(4) The director may waive the written report on a
				  case-by-case basis if the oral report has been received within twenty-four
				  hours.
(d) Planned Changes
The permittee shall report any planned physical alterations
				  or additions to the permitted facility, not covered by
				  40
				  CFR §
										122.41(1)(1)(i), (ii), and
				  (iii) to the director on a quarterly
				  basis.
11. Submittal Requirements
(a) The owner or its duly authorized representative shall
				  submit signed copies of monitoring and all other reports required by this
				  general permit to the director at the following address or as otherwise
				  specified:
Director of Health
Clean Water Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, HI 96801-3378
(b) The owner or its duly authorized representative shall
				  include the following certification statement and an original signature on each
				  submittal in accordance with section
				  11-55-34.08(e) or
				  (f):
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine or imprisonment for knowing violations."
(c) The owner or its duly authorized representative shall
				  include the notice of general permit coverage file number on each submittal.
				  Failure to provide the assigned notice of general permit coverage file number
				  for this facility on future correspondence or submittals may be a basis for
				  delay of the processing of the document(s),
12. Additional Conditions
The director may impose additional conditions under section
				  11-55-34.09(b).
13. Record Retention
The permittee shall retain all records and information
				  resulting from the monitoring activities required by this general permit
				  including all records of analyses performed and calibration and maintenance of
				  instrumentation for a minimum of five years. This period of retention shall be
				  extended during the course of any unresolved litigation or administrative
				  enforcement action regarding the discharge of pollutants by the permittee or
				  When requested by the director or Regional Administrator.
14. Falsifying Report
Knowingly making any false statement on any report required
				  by this general permit may result in the imposition of criminal penalties as
				  provided for in Section 309 of the Act and in section
				  342D-35,
				  HRS.
TABLE 34.1
LIMITATIONS AND MINIMUM MONITORING REQUIREMENTS FOR STORM
				  WATER DISCHARGES
Storm Water Discharge Parameter
Storm Water Discharge Limitation (1)
Minimum Monitoring Frequency
Type of Sample (2)
Quantity of Discharge (gallons)
(3)
Annually
Calculated or Estimated
Biochemical Oxygen Demand (5-day) (mg/1)
(3)
Annually
Composite (4)
Chemical Oxygen Demand (mg/1)
(3)
Annually
Composite (4)
Total Suspended Solids (mg/1)
(3)
Annually
Composite (4)
Total Phosphorus (mg/1)
(3)
Annually
Composite (4)
Total Nitrogen (5) (mg/1)
(3)
Annually
Composite (4)
Nitrate+Nitrite Nitrogen (mg/1)
(3)
Annually
Composite (4)
Oil and Grease (mg/1)
15
Annually
Grab (6)
pH (standard units)
(7)
Annually
Grab (8)
Toxic Pollutants (mg/1) (9)
(10)
Annually
(11)
mg/1 = milligrams per liter
NOTES:
(1) Pollutant concentration levels snail not exceed the storm
				  water discharge limits or be outside the ranges indicated in the table. Actual
				  or measured levels which exceed those storm water discharge limits or are
				  outside those ranges shall be reported to the director as required in section
				  10(c) of this general permit.
(2) The permittee shall collect samples for analysis from a
				  discharge resulting from a representative storm. A representative storm means a
				  rainfall that accumulates more than 0.1 inch of rain and occurs at least
				  seventy-two hours after the previous measurable (greater than 0.1 inch)
				  rainfall event.
"Grab sample" means a sample collected during the first
				  fifteen minutes of the discharge.
"Composite sample" means a combination of at least two sample
				  aliquots, collected at periodic intervals. The composite shall be flow
				  proportional; either the time interval between each aliquot or the volume of
				  each aliquot must be proportional to the total flow of storm water discharge
				  flow since the collection of the previous aliquot. The permittee may collect
				  aliquots manually or automatically, unless otherwise stated.
Samples for analysis shall be collected during the first
				  fifteen minutes of the discharge and at fifteen-minute intervals thereafter for
				  the duration of the discharge, as applicable, if the discharge lasts for over
				  an hour, sample collection may cease.
(3) The value shall not exceed the applicable not to exceed
				  the given value more than ten per cent of the time wet or dry season limit as
				  specified in chapter
				  11-54 for the applicable
				  classification of the receiving state waters. If no limitation is specified in
				  chapter
				  11-54, then the permittee shall
				  monitor and report the analytical result. The department may include discharge
				  limitations specified in section
				  11-55-19
				  and discharge limitations based on Federal Register, Vol. 73, No. 189, pages
				  56572-56578, dated September 29, 2008.
(4) if the duration of the discharge event is less than
				  thirty minutes, the sample collected during the first fifteen minutes of the
				  discharge shall be analyzed as a grab sample and reported toward the
				  fulfillment of this composite sample specification. If the duration of the
				  discharge event is greater than thirty minutes, the Permittee shall analyze two
				  or more sample aliquots as a composite sample.
(5) The total nitrogen parameter is a measure of all nitrogen
				  compounds in the sample (nitrate, nitrite, ammonia, dissolved organic nitrogen,
				  and organic matter present as particulates).
(6) Oil and Grease shall be measured by EPA Method 1664,
				  Revision A.
(7) The pH value shall not be outside the range as specified
				  in chapter
				  11-54 for the applicable
				  classification of the receiving state waters.
(8) The pH shall be measured within fifteen minutes of
				  obtaining the grab sample.
(9) The permittee shall measure for toxic pollutants, as
				  identified in Appendix D of 40 CFR Part 122; in the Federal Register, Vol. 73,
				  No. 189, pages 56572-56578, dated September 29, 2008; or in section
				  11-54-4.
				  The permittee shall measure for the total recoverable portion of all metals. If
				  monitoring results indicate that the discharge limitation was equaled or
				  exceeded, the storm water pollution control plan shall be amended to include
				  additional best management practices targeted to reduce the parameter which was
				  in excess of the discharge limitation.
(10) Storm water discharge limitations are the acute water
				  quality standards established in section
				  11-54-4,
				  for either fresh or saline waters. For pollutants which do not have established
				  acute water quality standards, the permittee shall report any detected
				  concentration greater than 0.01 µg/1.
(11) The permittee shall measure for cyanide and the volatile
				  fraction of the toxic organic compounds using a grab sample. The permittee
				  shall measure for all other pollutants, as identified in Appendix D of 40 CFR
				  Part 122; in Federal Register, Vol. 73, No. 189, pages 56572-56578, dated
				  September 29, 2008; or in section
				  11-54-4
				  using a composite sample.
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.