Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix K - NPDES GENERAL PERMIT AUTHORIZING DISCHARGES OF STORM WATER AND CERTAIN NON-STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS

Current through June, 2024
This General Permit is effective on DEC 06 2013 and expires
				  three years from this date, unless amended earlier.
1. Coverage under this General Permit
(a) This general permit covers storm water and certain
				  non-storm water discharges, provided they do not cause or contribute to any
				  violation of water quality standards, to state waters from small municipal
				  separate storm sewer systems.
Non-storm water discharges authorized by this general permit,
				  provided that they do not cause or contribute to any violation of water quality
				  standards, include:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined in
				  40
				  CFR §
										35.2005(20)
				  );
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources and foundation
				  drains;
(8) Air conditioning condensate;
(9) Irrigation water;
(10) Springs;
(11) Water from crawl space pumps and footing drains;
(12) Lawn watering runoff;
(13) Water from individual residential car washing;
(14) Flows from riparian habitats and wetlands;
(15) Dechlorinated swimming pool discharges;
(16) Residual street wash water; and
(17) Discharges or flows from fire fighting
				  activities.
(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 into a sanitary sewer
				  system;
(2) Storm water discharges from construction activities
				  greater than one acre which discharges into the permittee's small municipal
				  separate storm sewer system;
(3) Storm water discharges from industrial facilities as
				  defined in
				  40
				  CFR §§
										122.26(b)(14)(i) through
				  122.26(b)(14)(ix)
				  and
				  122.26(b)(14)(xi)
				  which discharges into the permittee's small municipal separate storm sewer
				  system;
(4) Storm water discharges from small municipal separate
				  storm sewer systems which initially enter a separate storm water drainage
				  system(s), 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; and
(6) Storm water discharges the director finds more
				  appropriately regulated under an individual permit.
(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)(10)
				  becomes effective ten days after filing with the office of the lieutenant
				  governor. This general permit expires three years after the effective date or
				  when amendments to section
				  11-55-34.02(b)(10)
				  are adopted, whichever is earlier.
(b) A notice of general permit coverage under this general
				  permit expires:
(1) Three 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)(10)
				  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 discharge.
(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) Non-storm water discharge information;
(3) Facility site map;
(4) An assessment of the effectiveness of the storm water
				  management plan implemented during the previous permit term in reducing
				  discharges of pollutants to the maximum extent practicable and protecting water
				  quality, and any modifications to the plan proposed to be implemented for
				  compliance with this general permit; and
(5) Storm water management plan, which meets the applicable
				  requirements as specified in section 6 of this general permit, and which has
				  been updated based on the assessment required by section 4(b)(4) of this
				  general permit. The storm water management plan may be submitted to the
				  director with the notice of intent or 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 for proposed small municipal separate storm sewer systems, by the date the
				  permittee's small municipal separate storm sewer system becomes operational.
				  The plan, and all subsequent revisions, shall be kept on-site or at a nearby
				  office or field office.
(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 Management Plan Requirements
The permittee shall develop, implement, and enforce a storm
				  water management plan designed to reduce the discharge of pollutants from the
				  permittee's small municipal separate storm sewer system to the maximum extent
				  practicable in order to protect water quality and satisfy the appropriate water
				  quality requirements of the Clean Water Act. The storm water management plan
				  shall include the minimum control measures identified below with implementation
				  dates and rationales for each measure:
(a) Minimum Control Measures
(1) Public Education and Outreach
Develop and implement a public education program to
				  distribute educational materials to users of the permittee's small municipal
				  separate storm sewer system or equivalent outreach activities emphasizing the
				  following:
(A) impacts of storm water discharges on water bodies,
(B) Hazards associated with illicit discharges, and
(C) Measures that users of the permittee's small municipal
				  separate storm sewer system can take to reduce pollutants in storm water
				  runoff, including, but not limited to, minimizing fertilizer application and
				  practicing proper storage and disposal of chemicals and wastes;
(2) Public Involvement/Participation
Include users of the permittee's small municipal separate
				  storm sewer system in developing, implementing, and reviewing the storm water
				  management plan;
(3) Illicit Discharge Detection and Elimination
Develop, implement, and enforce a program to detect and
				  eliminate illicit discharges that, at a minimum, includes the following:
(A) Establishment of rules, ordinances, or other regulatory
				  mechanism, including enforcement procedures and actions, that prohibit
				  non-storm water discharges, except those listed in section 1 that do not cause
				  or contribute to any violations of water quality standards, into the
				  permittee's small municipal separate storm sewer system,
(B) Procedures to detect and eliminate illicit discharges (as
				  defined in
				  40
				  CFR Section 122.26(b)(2) ),
				  and
(C) Compilation of a list of non-storm water discharges or
				  flows that are considered to be significant contributors of pollutants to the
				  system and measures to be taken to prevent these discharges into the
				  permittee's small municipal separate storm sewer system, or reduce the amount
				  of pollutants in these discharges;
(4) Construction Site Runoff Control
Develop, implement, and enforce a program to reduce
				  pollutants in storm water runoff entering the permittee's small municipal
				  separate storm sewer system from construction activities disturbing one acre or
				  more, including construction activities less than one acre that are part of a
				  larger common plan of development or sale that would disturb one acre or more,
				  that, at a minimum, includes the following:
(A) Establishment of rules, ordinances, or other regulatory
				  mechanism, including enforcement procedures and actions, that require erosion
				  and sediment controls,
(B) Requirements for construction site operators to implement
				  appropriate erosion and sediment control best management practices,
(C) Requirements for construction site operators to control
				  waste such as discarded building materials, concrete truck washout, chemicals,
				  litter, and sanitary waste at the construction site that may cause adverse
				  impacts to water quality,
(D) Procedures for site plan review which incorporate
				  consideration of potential water quality impacts,
(E) Procedures for receipt and consideration of information
				  submitted by the public, and
(F) Procedures for site inspection and enforcement of control
				  measures;
(5) Post-Construction Storm Water Management in New
				  Development and Redevelopment
Develop, implement, and enforce a program to reduce
				  pollutants in storm water runoff entering the permittee's small municipal
				  separate storm sewer system from new development and redevelopment projects
				  that disturb greater than or equal to one acre, including construction sites
				  less than one acre that are part of a larger common plan of development or sale
				  that would disturb one acre or more, that, at a minimum, includes the
				  following:
(A) Establishment of rules, ordinances, or other regulatory
				  mechanism, including enforcement procedures and actions, that address
				  post-construction runoff from new development and redevelopment
				  projects.
(B) Structural and/or non-structural best management
				  practices to minimize water quality impacts and attempt to maintain
				  pre-development runoff conditions, and
(C) Procedures for long-term operation and maintenance of
				  best management practices.
(6) Pollution Prevention/Good Housekeeping
Develop, implement, and enforce an operation and maintenance
				  program to prevent and reduce storm water pollution from activities, including,
				  but not limited to, park and open space maintenance, fleet and building
				  maintenance, new construction and land disturbances, and storm water system
				  maintenance that, at a minimum, includes the following:
(A) Good housekeeping and other control measures, and
(B) Employee and contractor training on good housekeeping
				  practices to ensure that good housekeeping measures and best management
				  practices are properly implemented.
(b) Measurable Goals
The permittee shall develop measurable goals to gauge permit
				  compliance and program effectiveness for each minimum control measure
				  identified above. The permittee shall select measurable goals using an
				  integrated approach that fully addresses the requirements and intent of the
				  minimum control measure.
(c) Modifications
(1) Significant Modifications
(A) Modifications to the storm water management plan that
				  would result in a major reduction in the overall scope or level of effort or
				  both of the storm water management plan must be made for cause and in
				  compliance with
				  40
				  CFR §
										122.62 and 40 CFR Part 124.
(B) The permittee shall report in writing any proposed
				  modification described above to the Director of Health for approval at least
				  thirty days prior to the initiation date of the modification.
(2) Other Modifications
The permittee shall report and justify all other
				  modifications made to the storm water management plan in the annual report for
				  the year in which the modification was made.
7. Basic Water Quality Criteria and Inspections
(a) The permittee shall not cause or contribute to a
				  violation of the basic water quality criteria as specified in section
				  11-54-4.
(b) The permittee shall timely inspect the receiving state
				  waters, effluent, and 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 effluent 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.)
8. 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.
9. Reporting Requirements
(a) Annual Report
The submittal of the annual report by the permittee shall be
				  postmarked or received by the department by the twenty-eighth day of January of
				  the following year. The annual report shall cover each calendar year during the
				  term of this permit and include the following:
(1) Status of compliance with conditions of this
				  permit;
(2) Assessment of the storm water management plan, including
				  progress towards implementing each minimum control measure;
(3) Modifications made to the storm water management plan and
				  implementation schedule during that calendar year, including
				  justifications;
(4) Summary of the storm water activities planned to be
				  undertaken during the next calendar year; and
(5) Major modifications made to the permittee's small
				  municipal separate storm sewer system, including, but not limited to, addition
				  and removal of outfalls, drainage lines, and treatment facilities.
(b) 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.
10. 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. X 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).
11. Additional Conditions
The director may impose additional conditions under section
				  11-55-34.09(b).
12. 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,
13. 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.
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.