reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-27 - Renewal of NPDES permits

Current through June, 2024
(a) The director
				shall review applications for reissuance of NPDES permits. Any permittee who
				wishes to continue to discharge after the expiration date of the permittee's
				NPOES permit shall submit for renewal of the permit at least three hundred
				sixty days prior to its expiration.
(b) The scope and manner of any review of an
				application for renewal of an NPDES permit shall be within the discretion of
				the director and shall be sufficiently detailed as to ensure the following:
(1) The permittee is in compliance with or
				has substantially complied with all the terms, conditions, requirements, and
				schedules of compliance of the current or expired NPOES permit;
(2) That the director has current information
				on the permittee's production levels; permittee's waste treatment practices;
				nature, contents, and frequency of permittee's discharge through the submission
				of new forms and applications or from monitoring records and reports submitted
				to the director by the permittee; and
(3) That the discharge is consistent with
				applicable effluent standards and limitations, water quality standards, and
				other legally applicable requirements, including any additions to, revisions,
				or modifications of the effluent standards and limitations, water quality
				standards, or other legally applicable requirements during the term of the
				permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-28 - Monitoring

Current through June, 2024
(a) Any discharge authorized by an NPDES
				permit may be subject to monitoring requirements as may be reasonably required
				by the director, including the installation, use, and maintenance of monitoring
				equipment or methods (including, where appropriate, biological monitoring
				methods).
(b) Any discharge
				authorized by an NPDES permit which:
(1) Is
				not a minor discharge;
(2) The
				regional administrator requests, in writing, be monitored; or
(3) Contains toxic pollutants for which an
				effluent standard has been established by the Administrator under Section
				307(a) of the Act,
				33 U.S.C. §
											1317, shall be monitored by the permittee for
				at least the items listed in subsection (c).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-29 - Recording of monitoring activities and results

Current through June, 2024
When any NPDES permit requires monitoring of the authorized
				  discharge:
(1) The permittee shall
				maintain records of all information resulting from any monitoring activities
				required by the NPDES permit;
(2)
				Any records of monitoring activities and results shall include for all samples:
(A) The date, exact place, and time of
				sampling or measurements;
(B) The
				individual(s) who performed the sampling or measurements;
(C) The date(s) the analyses were
				performed;
(D) The individual(s)
				who performed the analyses;
(E) The
				analytical techniques or methods used; and
(F) The results of the analyses;
				and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-30 - Reporting of monitoring results

Current through June, 2024
The director shall require periodic reporting (at a
				  frequency of not less than once per year) on the proper NPDES discharge
				  monitoring report form, or other form as specified by the director, of
				  monitoring results obtained by a permittee under monitoring requirements in an
				  NPDES permit. In addition to the NPDES discharge monitoring report form, or
				  other form as specified by the director, the director may require submission of
				  any other information regarding monitoring results as determined to be
				  necessary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-31 - Sampling and testing methods

Current through June, 2024
(a) All sampling
				and testing shall be done in accordance with test procedures approved under 40
				CFR Part 136 unless other test procedures have been specified in the permit or
				approved by the director and, when applicable, with guidelines establishing
				test procedures for the analysis of pollutants published by the Administrator
				in accordance with Section 304(h) of the Act,
				33 U.S.C. §
										1314(h). All tests shall be
				made under the direction of persons knowledgeable in the field of water
				pollution control.
(b) The director
				may conduct tests of waste discharges from any source. Upon request of the
				director, the person responsible for the source to be tested shall provide
				necessary sampling stations and other safe and proper sampling and testing
				facilities, exclusive of instruments and sensing devices, as may be necessary
				for proper determination of the waste discharge.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-32 - Malfunction, maintenance, and repair of equipment

Current through June, 2024
(a) There
				shall be no shut-down of water pollution treatment facilities for purposes of
				maintenance unless a schedule or plan for the maintenance has been submitted to
				and approved by the director prior to the shut-down.
(b) In the case of a shut-down of water
				pollution control equipment for necessary maintenance, the intent to shut down
				the equipment shall be reported to and approved by the director at least
				twenty-four hours prior to the planned shut-down. The prior notice shall
				include, but is not limited to, the following:
(1) Identification of the specific facility
				to be taken out of service, as well as its location and NPDES permit
				number;
(2) The expected length of
				time that the water pollution control equipment will be out of
				service;
(3) The nature and
				quantity of discharge of water pollutants likely to be emitted during the
				shut-down period;
(4) Measures that
				will be taken to minimize the length of the shut-down period, such as the use
				of off-shift labor and equipment;
(5) Identification of any adverse impacts to
				the receiving State waters which could be caused by the wastes which are to be
				bypassed; and
(6) The reasons that
				it would be impossible or impractical to shut down the source operation during
				the maintenance period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-33 - Agency board membership

Current through June, 2024
(a) Any board or
				body which approves NPDES permit applications, notices of intent, or "no
				exposure" certifications, or portions thereof shall not include as a member any
				person who receives, or has during the previous two years received, a
				significant portion of the person's income directly or indirectly from
				permittees or persons applying for an NPDES permit.
(b) For the purposes of this section, the
				term "board or body" includes any individual, including the director, who has
				or shares authority to approve permit applications or portions thereof either
				in the first instance or on appeal.
(c) For the purposes of this section, the
				term 'significant portion of the person's income" shall mean ten per cent or
				more of gross personal income for a calendar year, except that it shall mean
				fifty per cent or more of gross personal income for a calendar year if the
				recipient is over sixty years of age and is receiving that portion under
				retirement, pension, or similar arrangement.
(d) For the purposes of this section, the
				term "permittees or persons applying for an NPDES permit" shall not include any
				state department or agency.
(e) For
				the purposes of this section, the term "income" includes retirement benefits,
				consultant fees, and stock dividends.
(f) For the purposes of this section, income
				is not received "directly or indirectly from permittees or persons applying for
				an NPDES permit" where it is derived from mutual fund payments or from other
				diversified investments over which the recipient does not know the identity of
				the primary sources of income.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34 - General permit definitions

Current through June, 2024
As used in sections 11-55-34.01 through 11-55-34.12:
"Category of sources" means either:
(1) Storm water point sources; or
(2) A group of point sources other than storm
				water point sources if all sources in the group:
(A) Involve the same or substantially similar
				types of operations;
(B) Discharge
				the same types of wastes or engage in the same types of sludge use or disposal
				practices;
(C) Require the same
				effluent limitations, operating conditions, or standards for sewage sludge use
				or disposal;
(D) Require the same
				or similar monitoring; and
(E) In
				the opinion of the director, are more appropriately controlled under a general
				permit than under an individual permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.01 - General permit policy

Current through June, 2024
It is the policy of the State that general permits shall
				  comply, at a minimum, with federal requirements for general permits, especially
				  40
				  CFR §
										122.28.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.04 - General permit conditions

Current through June, 2024
(a) Discharges
				covered by general permits shall comply with the applicable sections of state
				water quality standards in chapter
				11-54, and the applicable provisions
				of this chapter, including, but not limited to, sections 11-55-18, 11-55-19,
				11-55-20, 11-55-21, 11-55-22, 11-55-23, 11-55-28, 11-55-29, 11-55-30, 11-55-31,
				11-55-32, and 11-55-34.07.
(b)
				Appendix A, titled "Department of Health Standard General Permit Conditions"
				and located at the end of this chapter is adopted, incorporated by reference,
				and applies to each general permit,
(c) Special conditions apply as specified in
				each general permit, e.g., appendices B through M, respectively.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.05 - Requiring an individual permit

Current through June, 2024
(a) Notwithstanding
				the provisions of a general permit, the director may require any person covered
				by a general permit to apply for and obtain an individual permit- Cases where
				an individual permit may be required include, but are not limited to, the
				following:
(1) The discharger or "treatment
				works treating domestic sewage" is not in compliance with the conditions of the
				general permit;
(2) A change has
				occurred in the availability of demonstrated technology or practices for the
				control or abatement of pollutants applicable to the point source or treatment
				works treating domestic sewage;
(3)
				Effluent limitation guidelines are promulgated for point sources covered by the
				general permit;
(4) A water quality
				management plan containing requirements applicable to the point sources is
				approved;
(5) 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;
(6) Standards for sewage
				sludge use or disposal have been promulgated for the sludge use and disposal
				practice covered by the general permit; or
(7) The discharge(s) is a significant
				contributor of pollutants to State waters. In making this determination, the
				director may consider the following factors:
(A) The location of the discharge with
				respect to State waters;
(B) The
				size of the discharge;
(C) The
				quantity and nature of the pollutants discharged to the State waters;
				and
(D) Other relevant
				factors.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.07 - Degree of waste treatment

Current through June, 2024
All discharges covered by a general permit shall receive
				  treatment or corrective action to ensure compliance with the terms and
				  conditions of the issued permit and with the following, whenever
				  applicable:
(1) Effluent limitations
				established by the EPA under Sections 301, 302, 306, 307, 318, and 405 of the
				Act;
(2) Criteria and standards for
				best management practices established by the EPA under Section 304(e) of the
				Act;
(3) Notwithstanding paragraphs
				(1) and (2), more stringent effluent limitations may be required as deemed
				necessary by the director:
(A) To meet any
				existing federal laws or regulations; or
(B) To ensure compliance with any applicable
				state water quality standards, effluent limitations, treatment standards, or
				schedule of compliance; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.08 - Notice of intent

Current through June, 2024
(a) Persons seeking
				coverage under a general permit shall submit a notice of intent, except for the
				point source discharges from the application of pesticides, if not required
				(refer to Appendix M).
(b) A notice
				of intent shall:
(1) Be submitted on forms
				provided by the director;
(2)
				Comply with the notice of intent requirements of the respective general permit;
				and
(3) Be accompanied by all
				pertinent information which the director may require in order to establish
				effluent limitations or best management practices, including, but not limited
				to, complete engineering reports, schedule of progress, plans, specifications,
				maps, measurements, quantitative and qualitative determinations, records, and
				all related materials.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.10 - Review of coverage issues and notice of intent and notice of general permit coverage decisions

Current through June, 2024
Any interested person may petition the director under
				  section
				  91-8,
				  HRS, for a declaratory ruling on whether an individual permit is required for,
				  or a general permit covers, a discharge. The director's decision requiring a
				  person to apply for an individual permit or excluding a person from general
				  permit coverage shall remain effective pending the outcome of the petition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.11 - Notice of general permit coverage revocation and/or termination

Current through June, 2024
A notice of general permit coverage and automatic coverage
				  under section 11-55-34.09 (e)(2) may be revoked and/or terminated in accordance
				  with section 11-55-34.05 or as determined by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-34.12 - General permit compliance

Current through June, 2024
Any person who discharges under a general permit shall comply
				  with section 11-55-34.04, all general permit standard conditions, all
				  applicable special conditions, and all applicable additional notice of general
				  permit coverage conditions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-35 - Penalties and readies

Current through June, 2024
Any person who violates any provision of this chapter or the
				  terms or conditions of any permit issued under this chapter shall be subject to
				  the penalties and remedies provided in chapter
				  342D, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-36 - Hearing and appeals

Current through June, 2024
Hearings before the director on any violations of these
				  rules and appeals from any of the director's decisions shall comply with
				  chapters
				  91 and
				  342D, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-37 - Severability clause

Current through June, 2024
If any provision of this chapter, or its application to any
				  person or circumstance, is held invalid, the application of the provision to
				  other persons or circumstances, and the remainder of this chapter, shall not be
				  affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-39 - Public interest

Current through June, 2024
(a) A person
				submitting an NPDES permit application shall explain in writing why the
				proposed action meets the public interest as defined in section
				342D-6(g),
				HRS. The explanation shall address:
(1) The
				environmental impact of the proposed action beside the water quality effects
				already covered in the application and supporting materials;
(2) Any adverse environmental effects which
				cannot be avoided should the action be implemented;
(3) The alternatives to the proposed
				action;
(4) The relationship
				between local short-term uses of the environment and the maintenance and
				enhancement of long-term productivity;
(5) Any irreversible and irretrievable
				commitment of resources which would be involved in the proposed action should
				it be implemented; and
(6) The
				optimum balance between economic development and environmental
				quality.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-40 - Field citations; non-compliance with NPDES requirements

Current through June, 2024
This section authorizes citations to effectively and quickly
				  settle easily verifiable violations of chapter
				  342D, HRS, and this chapter.
				  Settlements under this section are an additional remedy and do not supplant the
				  director's authority to issue orders under section
				  342D-9, HRS.
(1) Offer to settle.
(A) A field citation is an offer to settle an
				administrative case against a specific violation on a specific day. Instead of
				issuing a formal notice and finding of violation and order, the director may,
				in the director's sole discretion, through any authorized employee, issue a
				field citation by personal service or certified mail to:
(i) Any person who discharges or causes or
				allows a discharge of pollutants into State waters or municipal separate storm
				sewer systems without coverage under an NPDES permit, or in excess of
				limitations established by an NPDES permit;
(ii) Any person who begins an activity prior
				to obtaining the required individual NPDES permit, coverage under a general
				permit, and/or authorization from the director;
(iii) Any person who fails to correctly
				install, implement, maintain, or repair site best management practices as
				called for in their storm water pollution control plan or best management
				practices plan or other plan;
(iv)
				Any person who fails to monitor as required by the applicable NPDES permit, in
				whole or in part;
(v) Any person
				who fails to retain on-site or at a nearby office or field office:
a) a copy of the NPDES permit application or
				notice of intent or "no exposure" certification,
b) storm water pollution control plan, best
				management practices plan or all other plans required in the NPDES permit and
				NGPC and all subsequent revisions,
c) individual NPDES permit, notice of general
				permit coverage, or conditional "no exposure" exclusion, or d) discharge
				monitoring reports;
(vi) Any person who fails to submit
				documents, reports, and/or submittals as required by the applicable NPDES
				permit, in whole or in part, including but not limited to discharge monitoring
				reports, monthly compliance information, pollution prevention plans,
				notification to the director, and/or notices of cessation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Section 11-55-42 - Intake credits

Current through June, 2024
(a) An intake
				credit is an NPOES implementation tool that applies to the implementation of
				water quality standards through NPOES permits only.
(b) As used in this section:
"Background pollutant concentration" means the water body
				  concentration, regardless of whether those pollutants are natural or result
				  from anthropogenic upstream activity.
"Intake pollutant" means the background pollutant that is
				  present in the intake water body.
"Same body of water" means an intake pollutant is considered
				  to be from the 'same body of water" as the discharge if the department finds
				  that the intake pollutant would have reached the vicinity of the outfall point
				  in the receiving water within a reasonable period of time had it not been
				  removed by the permittee. This finding may be deemed established if:
(1) The background pollutant concentration in
				the receiving water (excluding any amount of the pollutant in the facility's
				discharge) is similar to that in the intake water; and
(2) There is a direct hydrologic connection
				between the intake and discharge points; and
(3) Water quality characteristics (e.g.
				temperature, pH, hardness) are similar in the intake and receiving waters.
The department may consider other site-specific factors
				  relevant to the transport and fate of the pollutant in deciding whether a
				  pollutant would or would not have reached the vicinity of the outfall point in
				  the receiving water within a reasonable period had it not been removed by the
				  permittee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-2 - General policy for nonpoint source pollution control

Current through June, 2024
It is the department's policy:
(1) To conserve State waters;
(2) To protect, maintain, and restore the
				quality of State waters:
(A) For recreational
				uses;
(B) For the growth, support,
				and propagation of shellfish, fish, and other desirable species of aquatic
				life;
(C) For marine, estuarine and
				fresh water research;
(D) For the
				conservation of natural aquatic ecosystems such as coral reefs and streams;
				and
(E) For domestic, agricultural,
				industrial, and other legitimate uses.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-3 - Applicability

Current through June, 2024
(a) This chapter applies to person(s) as
				identified below:
(1) Publicly-owned entities
				owning land and conducting the activities below, as identified in Appendices A
				through C of this chapter:
(A) Agriculture
				(Appendix A);
(B) Forestry
				(Silviculture) (Appendix B); and
(C) Marinas and recreational boating
				(Appendix C).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-4 - Exemptions

Current through June, 2024
If any discharge of a pollutant to State waters subject to
				  this chapter is otherwise subject to regulation as a point source under an
				  NPDES permit, the requirements in this chapter shall not apply to that
				  discharge.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-5 - Registry requirements

Current through June, 2024
(a) All persons
				subject to this chapter, as specified in section 11-56-3(a) through (c), shall
				register with the department. The purpose of the registration is to notify the
				department of person (s) subject to this regulation and that a Water Pollution
				Prevention Plan under section 11-56-6 is required for the activity responsible
				for causing or contributing to nonpoint source pollution.
(b) It is the responsibility of the owner of
				the parcel or operator of the activity associated with the nonpoint source
				discharge to register with the department.
(c) At a minimum, registration shall include
				the following:
(1) Legal name, street address,
				contact person's name and position title, telephone number and email address
				for the land owner;
(2) Ownership
				status as federal, state, private, public or other entity;
(3) Name, street address, and tax map key
				number for the location of the property or activity subject to this chapter,
				and the contact person's name and position title, telephone number and email
				address;
(4) As applicable, a
				listing of all entities, other than the land owner, who are responsible for the
				activity associated with a nonpoint source discharge;
(5) General description of the activity
				associated with a nonpoint source discharge; and
(6) The following certification, signed in
				accordance with section 11-56-18: "I certify that this registration was
				prepared under my direction or supervision. I am familiar with the content of
				this registration and am aware that there are significant penalties for
				knowingly submitting false information, including the possibility of fine and
				imprisonment for violations."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-7 - Reporting requirements

Current through June, 2024
(a) Persons
				required to develop and implement a Water Pollution Prevention Plan under
				section 11-56-6 shall submit an annual report to the director documenting
				on-going compliance with their Water Pollution Prevention Plans. At a minimum,
				annual reports shall include the following, as applicable:
(1) Summary of monitoring and inspection
				activities undertaken in accordance with the monitoring strategy developed
				pursuant to section 11-56-6, including:
(A)
				Date on which monitoring and inspections were conducted;
(B) Monitoring and inspection findings; and
(C) Corrective actions taken, if
				any;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-8 - Recordkeeping requirements

Current through June, 2024
(a) Persons for
				which a Water Pollution Prevention Plan is required under this chapter must:
(1) Maintain a complete copy of the Water
				Pollution Prevention Plan, including any amendments to the Water Pollution
				Prevention Plan, on-site or at a nearby office;
(2) Have the Water Pollution Prevention Plan
				available to the director for on-site review during normal business hours;
				and
(3) Provide, at the request of
				the director, the Water Pollution Prevention Plan and any associated
				documentation deemed necessary to determine compliance with this
				chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-9 - Compliance with requirements

Current through June, 2024
(a) Compliance with
				this chapter shall be based on development and implementation of Water
				Pollution Prevention Plans that minimize negative impacts on water quality to
				the maximum extent practicable. In determining whether a person subject to this
				chapter is minimizing negative impacts to water quality to the maximum extent
				practicable, the department shall consider:
(1) The classification and allowable uses of
				the State water (waterbody) to be protected;
(2) The impact on the State water by the
				discharge;
(3) Background water
				quality, including during high intensity weather events;
(4) Consistency with the State's policy of
				water quality antidegradation;
(5)
				The financial impact of minimizing negative impacts to water quality on the
				discharger; and
(6) The public
				interest.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-10 - Public access to information

Current through June, 2024
(a) In accordance
				with chapter
				92F, HRS, the director shall ensure
				that any Water Pollution Prevention Plan developed under section 11-56-6 or
				information required, kept, or submitted under this chapter shall be available
				to the public for inspection and copying during established office hours. The
				director, at the director's discretion, may also make available to the public
				any other records, reports, plans, or information obtained by the
				department.
(b) The director shall
				protect any information (other than environmental data) as confidential upon a
				request and showing by any person at the time of submission that the
				information, if made public, would divulge methods or processes entitled to
				protection as trade secrets of a person. Any information obtained by the
				director and subject to a claim of confidentiality shall be treated in
				accordance with the regulations in chapter
				92F, HRS.
(c) The director shall provide facilities for
				the inspection of information submitted in accordance with this chapter and
				shall ensure that state employees honor requests for inspection with due regard
				for the dispatch of other public duties. The director shall either:
(1) Ensure that a machine or device for the
				copying of papers and documents is available for a reasonable fee; or
(2) Otherwise provide for or coordinate with
				copying facilities or services so that requests for copies of nonconfidential
				documents may be honored promptly.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-11 - Right to inspect

Current through June, 2024
(a) A person
				regulated under this chapter shall allow the director to:
(1) Enter and inspect any area to investigate
				an actual or suspected source of water pollution, to ascertain compliance or
				noncompliance with this chapter or any Nonpoint Source Order issued pursuant to
				this chapter;
(2) Inspect any
				records kept in accordance with the terms and conditions of this chapter;
				and
(3) Test any waters and aquatic
				and other life forms that may have been subjected to any form of nonpoint
				source pollution and assess the environmental effects of the pollution,
				including the pollution's effects on the quality of the receiving waters and
				aquatic and other life forms. If the department determines that the effects of
				the pollution would make it hazardous to consume the water and aquatic or other
				life forms, the director shall immediately notify the public of the hazard
				through the news media and by posting warning signs in those areas where the
				waters and shoreline contain water and aquatic or other life forms that would
				be hazardous if consumed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-12 - Enforcement and penalties

Current through June, 2024
(a) If the director
				determines that any person has violated or is violating this chapter, any
				requirement of this chapter, or any Nonpoint Source Order issued pursuant to
				this chapter, the director:
(1) Shall cause
				written notice to be served upon the alleged violator or violators. The notice
				shall specify the alleged violation and may contain an order specifying a
				reasonable time during which that person shall be required to take any measures
				that may be necessary to correct the violation and to give periodic progress
				reports. If all attempts of service of process upon the alleged violator or
				violators are unsuccessful by personal delivery and by certified, registered,
				or express mail, notice may be given via a posting on a searchable government
				website and a sign conspicuously posted on the property, if
				appropriate;
(2) May require that
				the alleged violator or violators appear before the director for a hearing at a
				time and place specified in the notice and answer the charges complained of;
				and
(3) May impose penalties as
				provided in section
				342E-4(a),
				HRS, by sending written notice, either by certified mail or by personal
				service, to the alleged violator or violators, describing the
				violation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-13 - Hearings and appeals

Current through June, 2024
(a) Hearings before
				the director on any violations of this chapter and appeals from any of the
				director's decisions at the hearings shall comply with chapter
				91, HRS, the department's rules of
				practice and procedure, and this chapter.
(b) If any party is aggrieved by the decision
				of the director, the party may appeal in the manner provided in chapter
				91, HRS, to the circuit environmental
				court of the circuit in which the party resides, in which the party's principal
				place of business is located, or in which the action in question occurred. The
				operation of a Nonpoint Source Order will not be stayed on appeal unless
				specifically ordered by the director or an environmental court of competent
				jurisdiction.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-14 - No effect on enforcement of other law

Current through June, 2024
(a) This chapter
				does not limit the director's or department's authority to enforce any other
				statute, rule, or other law that the director or department
				administers.
(b) This chapter does
				not limit the authority of any federal, other state, or county
				agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-15 - Severability clause

Current through June, 2024
If any provision of this chapter, or its application to any
				  person or circumstance, is held invalid, the application of the provision to
				  other persons or circumstances, and the remainder of this chapter, shall not be
				  affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-16 - Field citations; noncompliance with nonpoint source pollution control requirements

Current through June, 2024
This section authorizes citations to effectively and quickly
				  settle easily verifiable violations of chapter
				  342E, HRS, and this chapter.
(1) Offer to settle; penalties.
(A) A field citation is an offer to settle an
				administrative case against a specific violation on a specific day. Instead of
				issuing a formal notice and finding of violation and order, the director may,
				in the director's sole discretion, through any authorized employee, issue a
				field citation by personal service or certified mail to:
(i) Any person who causes or allows a
				discharge of pollutants into State waters from a nonpoint source;
(ii) Any person required to register under
				section 11-56-5, who fails to register as required;
(iii) Any person who fails to correctly
				install, implement, maintain, or repair management measures as called for in
				their Water Pollution Prevention Plan, including implementation of the
				associated monitoring plan; and
(iv) Any person who fails to retain a copy of
				the Water Pollution Prevention Plan and associated monitoring plan on-site or
				at a nearby office.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-17 - Public hearings

Current through June, 2024
(a) The owner or
				operator, any interested agency, person, or group of persons may request or
				petition for a public hearing with respect to the determinations of persons
				subject to this chapter. Any request or petition for public hearing shall be
				submitted within thirty days of registration pursuant to section
				11-56-5.
(b) The director shall
				hold a hearing if the director determines that there is a significant public
				interest in holding the hearing. Instances of doubt should be resolved in favor
				of holding the hearing. Any hearing brought under this paragraph shall be held
				in the geographical area of the proposed facility or other appropriate area, at
				the director's discretion.
(c) Any
				person may submit oral or written statements and data concerning the issue
				being heard.
(d) Public notice for
				hearings shall be published at least once in a newspaper of general circulation
				within the geographical area of the facility.
(e) The public notice for hearings shall
				include: the name and address of the agency holding the public hearing; name
				and address of the facility being considered; a brief description of the
				facility and activities conducted; information regarding the date, time, and
				location of the hearing; the purpose of the hearing; a brief description of the
				nature of the hearing, including the rules and procedures to be followed; name,
				address, and telephone number of the person at the State from whom interested
				persons may obtain further information.
(f) All publication and mailing costs
				associated with the public notice of the hearing shall be paid by the owner or
				operator of the facility being considered. The owner or operator shall submit
				the original signed affidavit of publication to the department within four
				weeks of the publication date. Failure to provide and pay for the public
				notification, as deemed appropriate by the director, is basis to delay
				authorization of discharges or may be considered a violation of this
				chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL › Section 11-56-18 - Signatories

Current through June, 2024
(a) Any certifications associated with
				submissions to the director under this chapter shall be signed as follows:
(1) For a corporation. By a responsible
				corporate officer. For the purpose of this section, a responsible corporate
				officer means:
(A) A president, secretary,
				treasurer, or vice-president of the corporation in charge of a principal
				business function, or any other person who performs similar policy- or
				decisionmaking functions for the corporation, or
(B) The manager of one or more manufacturing,
				production, or operating facilities, provided the manager is authorized to make
				management decisions which govern the operation of the regulated facility
				including having the explicit or implicit duty of making major capital
				investment recommendations, and initiating and directing other comprehensive
				measures to assure long term environmental compliance with environmental laws
				and regulations; the manager can ensure that the necessary systems are
				established or actions taken to gather complete and accurate information for
				registration requirements; and where authority to sign documents has been
				assigned or delegated to the manager in accordance with corporate
				procedures;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 1 - GENERAL › Section 11-58.1-01 - Purpose

Current through June, 2024
The purpose of this chapter is to establish minimum
					 standards governing the design, construction, installation, operation, and
					 maintenance of solid waste disposal, recycling, reclamation, and transfer
					 systems. Such standards are intended to:
(1) Prevent pollution of the drinking water
				  supply or waters of the State;
(2)
				  Prevent air pollution;
(3) Prevent
				  the spread of disease and the creation of nuisances;
(4) Protect the public health and
				  safety;
(5) Conserve natural
				  resources; and
(6) Preserve and
				  enhance the beauty and quality of the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 1 - GENERAL › Section 11-58.1-02 - Applicability

Current through June, 2024
These rules are applicable to all persons as defined in
					 this chapter who propose, own, operate, or maintain a solid waste recycling,
					 reclamation, salvage, transfer, or disposal facility; and are applicable to
					 medical waste treatment, foreign waste treatment, used oil transport and
					 recycling, hazardous waste, infectious waste, and radioactive
					 waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 1 - GENERAL › Section 11-58.1-04 - Permit systems

Current through June, 2024
(a) Requirement. It
				  shall be unlawful for any person to establish, modify, or operate any solid
				  waste management facility or a part thereof or any extension or addition
				  thereto without a permit issued in accordance with this chapter, Hawaii Revised
				  Statutes, chapter
				  342H, and the integrated solid waste
				  management plan for the State of Hawaii.
(b) Exemptions. The following are exempted
				  from the requirements of subsection (a). But these exemptions do not apply to
				  facilities regulated by 40 CFR 258.
(1) A
				  single family or duplex residential property reusing by composting only green
				  or vegetative solid wastes generated on its premises.
(2) A solid waste disposal facility on which
				  the agricultural solid waste from the operation or from its products processing
				  facility is disposed. This exemption does not include equipment and materials
				  such as pesticides and fertilizers used in the operation of the farm. It also
				  excludes land not used for agricultural purposes.
(3) A landfill site which is used only by the
				  owner or person in control of the premises to landfill less than one hundred
				  fifty tons per year of soil, rock, concrete, or other nondecomposable and/or
				  uncontaminated inert materials generated on the site.
(4) Incinerator facilities having a total
				  rated capacity of less than one ton per hour.
(5) Minor sources as determined by the
				  director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 1 - GENERAL › Section 11-58.1-05 - Inspections

Current through June, 2024
The director, in accordance with the law may enter and
					 inspect the facility for the purpose of investigating an actual or suspected
					 source of solid waste, or other pollution; ascertaining compliance or
					 non-compliance with any rule, or standard promulgated by the department; and
					 making reasonable tests in connection therewith.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 1 - GENERAL › Section 11-58.1-06 - Variances

Current through June, 2024
Variance and variance applications shall comply with
					 Hawaii Revised Statutes, section
					 342H-5.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 2 - SOLID WASTE DISPOSAL FACILITIES › Section 11-58.1-11 - Municipal solid waste landfills - purpose, scope, and applicability

Current through June, 2024
(a) The purpose of sections 11-58.1-11
				  through 11-58.1-18 is to establish minimum state criteria for all municipal
				  solid waste landfill (MSWLF) units including municipal solid waste landfills
				  that are used to dispose of sewage sludge. These minimum state criteria ensure
				  the protection of human health and the environment.
(b) These criteria apply to owners and
				  operators of new MSWLF units, existing MSWLF units, and lateral expansions,
				  except as otherwise specifically provided in sections 11-58.1-11 through
				  11-58.1-18.
(c) These criteria do
				  not apply to MSWLF units that did not receive waste after October 9,
				  1991.
(d) MSWLF units that receive
				  waste after October 9, 1991, but stop receiving waste before October 9, 19 93,
				  are exempt from all the requirements of sections 11-58.1-11 through 11-58.1-18,
				  except for the final cover requirement specified in section 11-58.1-17(a) (1).
				  The final cover must be installed within six months of the last receipt of
				  wastes. Owners or operators of MSWLF units described in this subsection that
				  fail to complete cover installation within this six-month period will be
				  subject to all the requirements of sections 11-58.1-11 through 11-58.1-18,
				  unless otherwise specified.
(e) All
				  MSWLF units that receive waste on or after October 9, 1993, must comply with
				  all requirements of sections 11-58.1-11 through 11-58.1-18, unless otherwise
				  specified.
(f) Owners or operators
				  of new MSWLF units, existing MSWLF units, and lateral expansions that dispose
				  of less than twenty tons of municipal solid waste daily, based on an annual
				  average, are exempt from sections 11-58.1-14 and 11-58.1-16, so long as:
(1) There is no evidence of existing
				  ground-water contamination from the MSWLF unit;
(2) The MSWLF unit serves either:
(A) A community that experiences an annual
				  interruption of at least three consecutive months of surface transportation
				  that prevents access to a regional waste management facility; or
(B) A community that has no practicable waste
				  management alternative and is located in an area that annually receives less
				  than or equal to twenty-five inches of precipitation; and
(3) The owners or operators place in the
				  operating record information demonstrating that the requirements of this
				  subsection are met.