Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix A - DEPARTMENT OF HEALTH STANDARD GENERAL PERMIT CONDITIONS

Current through June, 2024
The permittee shall comply with the following standard
				  conditions.
1. Basic water quality criteria (section
				  11-54-4
				  )
a. The permittee shall not cause or contribute to a violation
				  of the basic water quality criteria specified in section
				  11-54-4(a)
				  which states:
"(a) All waters shall be free of substances attributable to
				  domestic, industrial, or other controllable sources of pollutants,
				  including:
(1) Materials that will settle to form objectionable sludge
				  or bottom deposits;
(2) Floating debris, oil, grease, scum, or other floating
				  materials;
(3) Substances in amounts sufficient to produce taste in the
				  water or detectable off-flavor in the flesh of fish, or in amounts sufficient
				  to produce objectionable color, turbidity or other conditions in the receiving
				  waters;
(4) High or low temperatures; biocides; pathogenic organisms;
				  toxic, radioactive, corrosive, or other deleterious substances at levels or in
				  combinations sufficient to be toxic or harmful to human, animal, plant, or
				  aquatic life, or in amounts sufficient to interfere with any beneficial use of
				  the water;
(5) Substances or conditions or combinations thereof in
				  concentrations which produce undesirable aquatic life; and
(6) Soil particles resulting from erosion on land involved in
				  earthwork, such as the construction of public works; highways; subdivisions;
				  recreational, commercial, or industrial developments; or the cultivation and
				  management of agricultural lands."
b. The discharge shall not cause or contribute to a violation
				  of the basic requirements of section
				  11-54-4(b).
2. Onshore or offshore construction
The applicable general permit does not authorize or approve
				  the construction of any onshore or offshore physical structures or facilities
				  or the undertaking of any work in any state waters.
3. Sampling requirements and definitions
(a) Sampling Points
All samples shall be taken at the monitoring points specified
				  in the applicable general permit and, unless otherwise specified, before the
				  effluent joins or is diluted by any other wastestrearn, body of water, or
				  substance. Monitoring points shall not be changed without notification to and
				  the approval of the director. No discharge is authorized which does not totally
				  pass through the final monitoring point.
(b) Flow Measurements
Appropriate flow measurement devices and methods consistent
				  with accepted scientific practices shall be selected and used to ensure the
				  accuracy and reliability of measurements of the volume of discharges. The
				  devices shall be installed, calibrated and maintained to ensure that the
				  accuracy of the measurements is consistent with the accepted capability of that
				  type of device. Devices selected shall be capable of measuring flows with a
				  maximum deviation of less than plus or minus ten per cent from the true
				  discharge rates throughout the range of expected discharge volumes.
				  Once-through condenser cooling water flow which is monitored by pump logs or
				  pump hour meters as specified in the applicable general permit based on the
				  manufacturer's pump curves shall not be subject to this requirement. Guidance
				  in selection, installation, calibration, and operation of acceptable flow
				  measurement devices can be obtained from the following references:
(1) "A Guide of Methods and Standards for the Measurement of
				  Water Flow," U.S. Department of Commerce, National Bureau of Standards, NBS
				  Special Publication 421, May 1975, 97 pp. (Available from the U.S. Government
				  Printing Office, Washington, D.C. 20402. Order by SD catalog No. C13.10-.421.)
				  (Also available from National Technical Information Service (NTIS). Order by
				  NTIS NO. COM-7510683.)
(2) "Water Measurement Manual," U.S. Department of Interior,
				  Bureau of Reclamation, Third Edition, Revised Reprint, 2001, 485 pp. (Available
				  from the U.S. Government Bookstore. Order by Stock No. 024-003-00186-4 and ISBN
				  0-16-061763-4.) (Also available from National Technical Information service
				  (NTIS). Order by NTIS No. PB2002-100323.)
(3) "Flow Measurement in Open Channels and Closed Conduits,"
				  U.S. Department of Commerce, National Bureau of Standards, NBS Special
				  Publication 484, October 1977, 982 pp. (Available in paper copy or microfiche
				  from National Technical Information Service (NTIS), Springfield, VA 22151.
				  Order by NTIS No. PB-273 535/5ST.)
(4) "NPDES Compliance Flow Measurement Manual," U.S.
				  Environmental Protection Agency, Office of Water Enforcement, Publication
				  MCD-77, EPA No. 832B81102, September 1981, 149 pp. (Available from the National
				  Technical Information Service (NTIS). Order by NTIS No. PB82-131178.)
(c) Calibration
The permittee shall periodically calibrate and perforin
				  maintenance on all monitoring and analytical equipment used to monitor the
				  pollutants discharged under the applicable general permit, at intervals which
				  will ensure the accuracy of measurements, but no less than the manufacturer's
				  recommended intervals or six-month intervals (whichever comes first). Records
				  of calibration shall be kept under section 14.
(d) pH Effluent Limitations Under Continuous
				  Monitoring
If the permittee continuously measures the pH of the effluent
				  under a requirement or option in the applicable general permit, excursions from
				  the range provided in the general permit or as specified in chapter
				  11-54 are permitted, provided:
(1) The pH limitation in the general permit is based upon a
				  requirement imposed under 40 CFR Subchapter N, Effluent Guidelines and
				  Standards;
(2) The total time during which the pH values are outside the
				  required range of pH values shall not exceed four hundred forty-six minutes in
				  any calendar month;
(3) No individual excursions from the range of pH values
				  shall exceed sixty minutes; and
(4) For purposes of this section, an "excursion" is an
				  unintentional and temporary incident in which the pH value of the effluent
				  exceeds the range set forth in the applicable general permit. The number of
				  individual excursions exceeding sixty minutes and the total accumulated
				  excursion time in minutes occurring in any calendar month shall be reported in
				  accordance with the applicable general permit.
(e) Average
As used in the applicable general permit, unless otherwise
				  stated, the term "average" means the arithmetic mean of values taken at the
				  frequency required for each parameter over the specified period. For fecal
				  coliform, enterococcus, or
Clostridium perfringens.,
the
				  "average" shall be the geometric mean. For total coliform, the "average" shall
				  be the median.
(f) Mass/Day Measurements
(1) The "daily discharge" is the total mass (weight) of a
				  pollutant discharged during a calendar day. The daily discharge shall be
				  determined by using the following equations:
Daily Discharge(lbs/day) = 8.34 x Q x C;
Daily Discharge(kg/day) = 3.785 x Q x C; and
where "C" (in mg/1) is the measured daily concentration of
				  the pollutant and "Q" (in million gallons per day) is the measured effluent
				  flow rate for the same calendar day.
If only one sample is taken during any calendar day, the mass
				  (weight) of pollutant discharged that is calculated from it is the "daily
				  discharge."
(2) The "average monthly discharge" is defined as the total
				  mass of all daily discharges sampled or measured or both during a calendar
				  month on which daily discharges are sampled and measured, divided by the number
				  of daily discharges sampled or measured or both during such month. It is,
				  therefore, an arithmetic mean found by adding the weights of the pollutant
				  found each day of the month and then dividing this sum by the number of days.
				  This limitation is identified as "Monthly Average" in the applicable general
				  permit and the average monthly discharge value is reported in the "Average"
				  column under "Quantity" on the discharge monitoring report form.
(3) The "average weekly discharge" is defined as the total
				  mass of all daily discharges sampled or measured or both during the calendar
				  week in which daily discharges are sampled or measured or both. It is,
				  therefore, an arithmetic mean found by adding the weights of pollutants found
				  each day of the week and then dividing this sum by the number of days. This
				  limitation is identified as "Weekly Average" in the applicable general permit
				  and the average weekly discharge value is reported in the "Maximum" column
				  under "Quantity" on the discharge monitoring report form.
(4) The "maximum daily discharge" is the highest daily
				  discharge value recorded, sampled, or measured during the reporting period.
				  This limitation is identified as "Daily Maximum" in the applicable general
				  permit and the maximum daily discharge value is reported in the "Maximum"
				  column under "Quantity" on the discharge monitoring report form.
(g) Concentration Measurements
(1) The "daily concentration" is the concentration of a
				  pollutant discharged during a calendar day. It is equal to the concentration of
				  a composite sample or in the case of grab samples, it is the arithmetic mean
				  (weighted by flow value) of all samples collected during that calendar day. If
				  only one sample is taken during any calendar day, it represents the "daily
				  concentration."
(2) The "average monthly concentration," other than for fecal
				  coliform, enterococcus,
Clostridium perfringens,
or total
				  coliform, is the sum of the daily concentrations sampled or measured or both
				  divided by the number of daily discharges sampled or measured or both during
				  such month (arithmetic mean of the daily concentration values). The average
				  monthly count for fecal coliform, enterococcus, or
Clostridium
				  perfringens
is the geometric mean of the counts for samples collected
				  during a calendar month. The average monthly count for total coliform is the
				  median of the counts for samples collected (not less than five discrete
				  samples) during a calendar month. This limitation is identified as "Monthly
				  Average" or "Daily Average" under "Other Limits" in the applicable general
				  permit and the average monthly concentration value is reported under the
				  "Average" column under "Quality" on the discharge monitoring report
				  form.
(3) The "average weekly concentration," other than for fecal
				  coliform, enterococcus, or
Clostridium perfringens,
or total
				  coliform, is the sum of the concentrations of all daily discharges sampled or
				  measured or both during a calendar week on which daily discharges are sampled
				  and measured divided by the number of daily discharges sampled or measured or
				  both during such week (arithmetic mean of the daily concentration values). The
				  average weekly count for fecal coliform, enterococcus, or Clostridium
perfringens
is the geometric mean of the counts for samples
				  collected during a calendar week. The average weekly count for total coliform
				  is the median of the counts for samples collected during a calendar week. This
				  limitation is identified as "Weekly Average" under "Other Limits" in the
				  applicable general permit and the average weekly concentration value is
				  reported under the "Maximum" column under "Quality" on the discharge monitoring
				  report form.
(4) The "maximum daily concentration" is the highest daily
				  concentration value recorded, sampled, or measured during the reporting period.
				  This limitation identified as "Daily Maximum" under "Other Limits" in the
				  applicable general permit and the maximum daily concentration is reported under
				  the "Maximum" column under "Quality" on the discharge monitoring report
				  form.
(h) The effluent flow expressed as cubic meters per day or
				  million gallons per day (MGD), is the twenty-four-hour average flow averaged
				  monthly. It is the arithmetic mean of the total daily flows recorded during the
				  calendar month. Where monitoring requirements for flow are specified in the
				  applicable general permit, the flow rate values are reported in the "Average"
				  column under "Quantity" on the discharge monitoring report form.
(1) An "instantaneous flow measurement*' is a measure of flow
				  taken at the time of sampling, when both the sample and flow will be
				  representative of the total discharge.
(2) Where monitoring requirements for pH, dissolved oxygen or
				  fecal coliform, enterococcus, or Clostridium
perfringens
are
				  specified in the applicable general permit, the values are generally reported
				  in the "Quality or Concentration" column on the discharge monitoring report
				  form.
(i) The "arithmetic mean" of any set of values is the
				  summation of the individual values divided by the number of individual
				  values.
(j) The "geometric mean" of any set of values is the Nth root
				  of the product of the individual values where N is equal to the number of
				  individual values. The geometric mean is equivalent to the antilog of the
				  arithmetic mean of the logarithms of the individual values. For purposes of
				  calculating the geometric mean, values of zero shall be considered to be
				  one.
(k) "Weighted by flow value" means the summation of each
				  concentration times its respective flow divided by the summation of the
				  respective flows.
(1) The "median" of any set of ordered values is the value
				  below and above which there is an equal number of values or which is the
				  arithmetic mean of the two middle values if there is no one middle
				  number.
(m) A calendar day is defined as the period from midnight of
				  one day until midnight of the next day. However, for the purposes of the
				  applicable general permit, any consecutive twenty-four-hour period that
				  reasonably represents the calendar day may be used for sampling.
(n) "Removal efficiency" is the ratio of pollutants removed
				  by the treatment unit to pollutants entering the treatment unit. Removal
				  efficiencies of a treatment plant shall be determined using the average monthly
				  concentrations (C, in mg/1) of influent and effluent samples collected about
				  the same time and the following equation (or its equivalent):
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4. Duty to reapply
If the permittee wishes to continue an activity regulated by
				  the applicable general permit after the expiration of the notice of general
				  permit coverage or in the case of automatic coverage, the expiration of the
				  general permit itself, the permittee shall follow the procedures as specified
				  in sections
				  11-55-34.08 and
				  11-55-34.09.
5. Applications (comply with
				  40
				  CFR §
										122.22 )
6. Duty to comply (comply with 40 CFR 5122.41(a) )
7. Need to halt or reduce activity not a defense (comply with
				  40
				  CFR §
										122.41(c)
				  )
8. Duty to mitigate (based in pajrt on
				  40
				  CFR §
										122.41(d)
				  )
The permittee shall take all reasonable steps to minimize or
				  prevent any discharge or sludge use or disposal in violation of the applicable
				  general permit or applicable law.
9. Proper operation and maintenance (comply with 40 CFR
				  "122.41(e))
10. Permit actions (comply with
				  40
				  CFR §
										122.41(f)
				  )
11. Property rights (comply with
				  40
				  CFR §
										122.41(g)
				  )
12. Duty to provide information (comply with
				  40
				  CFR §
										122.41(h)
				  )
13. Inspection and entry (comply with
				  40
				  CFR §
										122.41(i)
				  )
14. Monitoring and records (based in part on
				  40
				  CFR §
										122.41(j)
				  )
(a) Samples and measurements taken for the purpose of
				  monitoring shall be representative of the monitored activity.
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 include weekends and storm events and may mean
				  taking more samples than the minimum number specified elsewhere in the
				  applicable general permit. The burden of proving that sampling or monitoring is
				  representative is on the permittee.
(b) 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 the applicable general permit, and records of all data used
				  to complete the application for the applicable general permit, for a period of
				  at least five years from the date of the sample, measurement, report or
				  application. This period may be extended by request of the director at any
				  time.
(c) Records of monitoring information shall include:
(1) The date, exact place, and time of sampling or
				  measurements;
(2) The individual(s) who performed the sampling or
				  measurements;
(3) The date(s) the analyses were performed;
(4) The individual (s) who performed the analyses;
(5) The analytical techniques or methods used; and
(6) The results of the analyses.
(d) Monitoring must 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 136 unless otherwise specified in 40 CFR Part 503,
				  unless other test procedures have been specified in the applicable general
				  permit.
(e) The Act provides that any person who falsifies, tampers
				  with, or knowingly renders inaccurate any monitoring device or method required
				  to be maintained by the applicable general permit shall, upon conviction, be
				  punished by a fine of not more than $10,000 per violation, or by imprisonment
				  for not more than two years per violation, or by both for a first conviction.
				  For a second conviction, the person is subject to a fine of not more than
				  $20,000 per day of violation, or by imprisonment for not more than four years,
				  or both. (Updated under the Water Quality Act of 1987)
15. Signatory requirement (comply with
				  40
				  CFR §§
										122.22 and
				  122.41(k)
				  )
16. Reporting requirements (comply with
				  40
				  CFR §
										122.41(1)
				  )
17. Bypass (based in part on
				  40
				  CFR §
										122.41(m) ) (a)
				  Definitions
(1) "Bypass" means the intentional diversion of any waste
				  streams from any portion of a treatment facility.
(2) "Severe property damage" means substantial physical
				  damage to property, damage to the treatment facilities which causes them to
				  become inoperable, or substantial and permanent loss of natural resources which
				  can reasonably be expected to occur in the absence of a bypass. Severe property
				  damage does not mean economic loss caused by delays in production.
(b) Prohibition of bypass. Every bypass is prohibited, and
				  the director may take enforcement action against a permittee for bypass, except
				  as provided in section 17(c).
(c) Exceptions to bypass prohibition
(1) Bypass not exceeding limitations. A bypass is allowable
				  under this paragraph only if it does not cause any effluent limitation to be
				  exceeded, and only if the bypass is necessary for essential maintenance to
				  assure efficient operation.
(2) Bypass unavoidable to prevent specified harm. A bypass is
				  allowable under this paragraph if:
(A) The bypass was unavoidable to prevent loss of life,
				  personal injury, or severe property damage;
(B) There were no feasible alternatives to the bypass, such
				  as the use of auxiliary treatment facilities, retention of untreated wastes, or
				  maintenance during normal periods of equipment downtime. This condition is not
				  satisfied if adequate back-up equipment should have been installed in the
				  exercise of reasonable engineering judgment to prevent a bypass which occurred
				  during normal periods of equipment downtime or preventative maintenance;
				  and
(C) The permittee submitted notices as required under section
				  17(d).
(3) Approved anticipated bypass. An anticipated bypass is
				  allowable if the director approves it. The director shall approve the
				  anticipated bypass only if the director receives information sufficient to show
				  compliance with section 17(c)(2), including information on the potential
				  adverse effects with and without the bypass, and information on the search for
				  and the availability of alternatives, whether the permittee ultimately
				  considers the alternatives feasible or not.
(d) Notice
(1) Anticipated bypass. If the permittee knows in advance of
				  the need for a bypass, the permittee shall submit prior notice, if possible at
				  least ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee shall report
				  unanticipated bypasses.
(A) Reports required by the reporting requirements of the
				  applicable general permit shall be made in accordance with that section. If the
				  permittee questions whether the reporting requirements of the applicable
				  general permit applies, it shall follow the reporting requirements of the
				  applicable general permit;
(B) For all other bypasses, reports shall be made orally
				  within twenty-four hours from the time the permittee becomes aware of the
				  bypass. Written reports may be required on a case-by-case basis.
(e) Burden of proof. In any enforcement proceeding the party
				  seeking to establish that any exception to the bypass prohibition applies has
				  the burden of proof. Proof that effluent limitations were met requires effluent
				  monitoring during the bypass.
18. Upset (based in part on
				  40
				  CFR §
										122.41(n)
				  )
(a) Definition. "Upset" means an exceptional incident in
				  which there is unintentional and temporary noncompliance with technology based
				  permit effluent limitations because of factors beyond the reasonable control of
				  the permittee. An upset does not include noncompliance to the extent caused by
				  operational error, improperly designed treatment facilities, inadequate
				  treatment facilities, lack of preventive maintenance, or careless or improper
				  operation.
(b) Effect of an upset. An upset constitutes an affirmative
				  defense to an action brought for noncompliance with the technology based permit
				  effluent limitations if the requirements of section 18(c) are met. No
				  determination made during administrative review of claims that noncompliance
				  was caused by upset, and before an action for noncompliance, is final
				  administrative action subject to judicial review.
(c) Conditions necessary for a demonstration of upset. A
				  permittee who wishes to establish the affirmative defense of upset shall
				  demonstrate, through properly signed, contemporaneous operating logs, or other
				  relevant evidence that:
(1) An upset occurred and that the permittee can identify the
				  cause(s) of the upset;
(2) The permitted facility was at the time being properly
				  operated;
(3) The permittee submitted within twenty-four hours a notice
				  of any upset which exceeded any effluent limitation in the applicable general
				  permit; and
(4) The permittee complied with any remedial measures
				  required under
				  40
				  CFR §
										122.41(d).
d. Burden of proof. In any enforcement proceeding, any person
				  seeking to establish the occurrence of an upset has the burden of proof.
19. Existing manufacturing, commercial, mining, and
				  silvicultural dischargers (comply with
				  40
				  CFR §
										122.42(a)
				  )
20. Publicly owned treatment works (comply with
				  40
				  CFR §
										122.42(b)
				  )
21. Reopener clause (comply with
				  40
				  CFR §
										122.44(c) and 40
				  CFR §125.123(d)(4))
22. Privately owned treatment works (The following conditions
				  were established by EPA Region 9 to enforce applicable requirements of the
				  Resource Conservation and Recovery Act and
				  40
				  CFR §
										122.44(m)
				  )
This section applies only to privately owned treatment works
				  as defined at
				  40 CFR §
										122.2.
(a) Materials authorized to be disposed of into the privately
				  owned treatment works and collection system are typical domestic sewage.
				  Unauthorized materials are hazardous waste (as defined at 40 CFR Part 261),
				  motor oil, gasoline, paints, varnishes, solvents, pesticides, fertilizers,
				  industrial wastes, or other materials not generally associated with toilet
				  flushing or personal hygiene, laundry, or food preparation, unless specifically
				  listed under "Authorized Non-domestic Sewer Dischargers" elsewhere in the
				  applicable general permit. The Domestic Sewage Exclusion (
				  40 CFR §
										261.4 ) does not apply to hazardous wastes
				  mixed with domestic sewage in a sewer leading to a privately owned treatment
				  works.
(b) It is the permittee's responsibility to inform users of
				  the privately owned treatment works and collection system of the prohibition
				  against unauthorized materials and to ensure compliance with the prohibition.
				  The permittee must have the authority and capability to sample all discharges
				  to the collection system, including any from septic haulers or other unsewered
				  dischargers, and shall take and analyze such samples for conventional! toxic,
				  or hazardous pollutants when instructed by the permitting authority or by an
				  EPA or state inspector. The permittee must provide adequate security to prevent
				  unauthorized discharges to the collection system.
(c) Should a user of the privately owned treatment works
				  desire authorization to discharge non-domestic wastes, the permittee shall
				  submit a request for permit modification and an application, under
				  40
				  CFR §
										122.44(m),
				  describing the proposed discharge. The application shall, to the extent
				  possible, be submitted using forms provided by the Administrator, unless
				  another format is requested by the permitting authority. If the privately owned
				  treatment works or collection system user is different from the permittee, and
				  the permittee agrees to allow the non-domestic discharge, the user shall submit
				  the application and the permittee shall submit the applicable general permit
				  modification request. The application and request for modification shall be
				  submitted at least six months before authorization to discharge non-domestic
				  wastes to the privately owned treatment works or collection system is
				  desired.
23. Transfers by modification (comply with
				  40
				  CFR §
										122.61(a)
				  )
24. Automatic transfers (comply with
				  40
				  CFR §
										122.61(b) and
				  section 11-55-34.08(i)(2) )
25. Minor modification of permits (comply with
				  40 CFR §
										122.63 )
26. Termination of permits (comply with
				  40
				  CFR §
										122.64 )
27. Removed substances (under Sections 301 and 405 of the Act
				  and 40 CFR 5125.3(g) )
Solids, sludges, filter backwash, or other pollutants removed
				  in the course of treatment or control of wastewaters shall be disposed of in a
				  manner which prevents any pollutant from the materials from entering state
				  waters.
28. Availability of reports (under Section 308 of the
				  Act)
Except for data determined to be confidential under 40 CFR
				  Part 2, all reports prepared in accordance with the terms of the applicable
				  general permit shall be available for public inspection at the offices of the
				  director. As required by the Act, permit applications, permits, and effluent
				  data shall not be considered confidential.
29. Civil and criminal liability (tinder Section 309 of the
				  Act)
Except as provided in the applicable general permit
				  conditions on "Bypass" (section 17) and "Upset" (section 18), nothing in the
				  applicable general permit shall be construed to relieve the permittee from
				  civil or criminal penalties or remedies for noncompliance.
30. Oil and hazardous substance liability (under Section 311
				  of the Act)
Nothing in the applicable general permit shall be construed
				  to preclude the institution of any legal action or relieve the permittee from
				  any responsibilities, liabilities, or penalties to which the permittee is or
				  may be subject under Section 311 of the Act.
31. Federal facility construction (under Section 313(b) of
				  the Act)
Construction shall not be initiated for facilities for
				  treatment of wastewater at any federal property or facility if alternative
				  methods for wastewater treatment at the property or facility utilizing
				  innovative treatment processes and techniques, including, but not limited to,
				  methods utilizing recycle and reuse techniques and land treatment are not
				  utilized, unless the life cycle cost of the alternative treatment works exceeds
				  the life cycle cost of the most effective alternative by more than fifteen per
				  cent.
32. State law (under Section 510 of the Act)
Nothing in the applicable general permit shall be construed
				  to preclude the institution of any legal action or relieve the permittee from
				  any responsibilities, liabilities, or penalties established under any
				  applicable state law or regulation.
33. Severability (under Section 512 of the Act)
The provisions of the applicable general permit are severable
				  and if any provision of the applicable general permit, or the application of
				  any provision of the applicable general permit to any circumstance, is held
				  invalid, the application of the provision to other circumstances, and the
				  remainder of the applicable general permit, shall not be affected
				  thereby.
34. Notice of Intent Requirements (comply with section
				  11-55-34.08)
The owner or its duly authorized representative shall include
				  the following information in the notice of intent (NOI):
(a) Legal name(s), street address, contact person's name and
				  position title, and telephone and email address of the owner, operator, except
				  for Appendix C and duly authorized representative, if applicable;
Note: For a construction activity, the operator is usually
				  the general contractor.
(b) Ownership status as federal, state, private, public or
				  other entity;
(c) Name, street address, island, tax map key number(s),
				  contact person's name and position title, and telephone and email address of
				  the facility or project for which the notice of intent is submitted;
(d) Name(s) of the receiving state water(s) that the effluent
				  enters or will enter, the latitude and longitude of each outfall or discharge
				  point to the nearest receiving state water(s), and the classification of the
				  receiving state water(s).
If the effluent initially enters a separate storm water
				  drainage system, the owner or its duly authorized representative shall provide
				  the following information:
(1) Name of the owner of the drainage system; and
(2) Copy of the permit, license, or equivalent written
				  approval granted by the owner(s) of the drainage system(s) allowing the subject
				  discharge to enter their drainage system(s).
(e) Type of general permit required for the proposed
				  discharge;
(f) Quantity of discharge; the source of the discharge; and
				  the period of discharge, i.e., continuous, seasonal, occasional, or
				  emergency;
(g) Topographic map or maps of the area extending at least
				  one mile beyond the property boundaries of the site which clearly show the
				  following:
(1) Legal boundaries of the site;
(2) Location and an identification number for each of the
				  site's existing and proposed intake and discharge structures; and
(3) Receiving state water(s) or receiving storm water
				  drainage system(s) identified and labeled. If the receiving state water is a
				  wetland, submit a map showing the delineated wetland.
(h) Flow chart or line drawing showing the general route
				  taken by the discharge from the intake or source to the discharge point, except
				  for Appendices B, C, and K. The owner or its duly authorized representative
				  shall show any treatment system(s) or erosion control(s) used or to be used for
				  new discharges. The flow contributed by each source may be estimated if no data
				  is available;
(i) List of existing or pending permits, licenses, or
				  approvals and corresponding file numbers; and
(j) Certifying person's name and position title, company
				  name, and telephone and fax numbers.
All references to Title 40 of the Code of Federal
					 Regulations (40 CFR) are to regulations that are in effect on July 1, 2012
					 unless otherwise specified. The Clean water Act (Act) is also known as the
					 Federal Water Pollution Control Act, as amended by the Clean Water Act, and
					 appears at
					 33 U.S.C.
					 §§
												1251 to
					 1387.
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.