Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-19 - Application of effluent standards and limitations, water quality standards, and other requirements

Current through June, 2024
(a) NPDES permits
				shall apply and ensure compliance with the following whenever applicable:
(1) Effluent limitations under Sections 301
				and 302 of the Act,
				33 U.S.C. §§
											1311 and
				1312;
(2) Standards of performance for new
				sources;
(3) Effluent standards,
				effluent prohibitions, and pretreatment standards under Section 307 of the Act,
				33 U.S.C. §
											1317;
(4) More stringent limitation, including
				those:
(A) Necessary to meet water quality
				standards, treatment standards, or schedules of compliance, established under
				any state law or rules (under authority preserved by Section 510 of the Act,
				33 U.S.C. §
												1370) ; or
(B) Necessary to meet any other federal law
				or regulations including, but not limited to:
(i) Toxic pollutant effluent standards in 40
				CFR Part 129 ;
(ii) Secondary
				treatment regulation in 40 CFR Part 133 ;
(iii) Effluent guidelines and standards in 40
				CFR Chapter I, subchapter N, Parts 400 to 471;
(iv) Criteria and standards in 40 CFR Part
				125, Subparts A, B, C, D, H, I, J, K, and M;
(v) Standards for sludge handling in
				40
				CFR §
													122.44(b)(2), 40
				CFR Part 503 and state rules; and
(vi) Nutrient management requirements and
				technical standards for concentrated animal feeding operations in
				40
				CFR §
													123.36, 40 CFR §122.42, and
				40 CFR Part 412 ; or
(C) Required to implement any applicable
				water quality standards; the limitations to include any legally applicable
				requirements necessary to implement total maximum daily loads established under
				Section 303(d) of the Act,
				33 U.S.C. §
												1313(d), or incorporated in
				the continuing planning process approved under Section 303(e) of the Act,
				33 U.S.C. §
												1313(e), and any regulations
				and guidelines issued pursuant thereto;
(5) More stringent legally applicable
				requirements necessary to comply with a plan approved under Section 208(b) of
				the Act,
				33 U.S.C. §
											1288(b);
(6) Prior to promulgation by the
				Administrator of applicable effluent standards and limitations under Sections
				301, 302, 306, and 307 of the Act,
				33 U.S.C. §§
											1311,
				1312,
				1316,
				and
				1317,
				the conditions, as the director determines are necessary to carry out the
				provisions of the Act; and
(7) If
				the NPDES permit is for the discharge of pollutants into the State waters from
				a vessel or other floating craft, any applicable regulations promulgated by the
				secretary of the department in which the Coast Guard is operating, establishing
				specifications for safe transportation, handling, carriage, storage, and
				stowage of pollutants;
(8) Other
				requirements developed under the continuing planning process under Section
				303(e) of the Act and any regulations and guidelines issued under it;
(9) Intake credits in accordance with
				40
				CFR §
											122.45(g) and
				section 11-54-12; and
(10)
				Recreational criteria for all State waters in section
				11-54-8. To
				comply with HAR sections
				11-54-S(b)
				and (c) requirements, at least one sample shall be collected on every fifth day
				of the thirty day sampling period. Each sample shall be collected and analyzed
				pursuant to 40 CFR Part 136 . The director may require samples to be collected
				more frequently within the thirty day period.