Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix J - NPDES GENERAL PERMIT AUTHORIZING OCCASIONAL OR UNINTENTIONAL DISCHARGES FROM RECYCLED WATER SYSTEMS

Current through June, 2024
This General Permit is effective on FEB 9 2019 and expires
				  five years from this date, unless amended earlier.
1. Coverage under this General Permit
(a) This general permit covers occasional or unintentional
				  discharges composed entirely of:
(1) R-l water, or
(2) R-l water with any combination of stormwater or potable
				  water or water used primarily for irrigation, where the R-l water is supplied
				  from a treatment works and is conveyed or used by a recycled water
				  system.
(b) This general permit covers all areas of the State except
				  natural freshwater lakes, saline lakes, and anchialine pools.
2. Limitations on Coverage under this General Permit
(a) This general permit does not cover the following:
(1) Recycled water system discharges into a sanitary sewer
				  system;
(2) Recycled water system discharges which initially enter
				  separate storm water drainage systems, unless a permit, license, or equivalent
				  written approval is granted by the owner(s) of the drainage system(s) allowing
				  the subject discharge to enter their drainage system(s); except if the
				  permittee is the owner of the drainage system;
(3) Recycled water system discharges which are regulated by
				  an existing individual permit;
(4) Recycled water systems which the director finds to have
				  violated, be violating, or contributing to a violation of chapter
				  11-62;
(5) Recycled water system discharges that the director finds
				  more appropriately should be regulated under an individual permit; and
(6) Treatment works discharges that are not from an approved
				  recycled water system,
(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 ten days after
				  filing with the office of the lieutenant governor,
(b) A notice of general permit coverage under this general
				  permit expires:
(1) Five 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)(9)
				  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 (NOI) 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 or thirty days before the expiration
				  date of the applicable notice of general permit coverage.
(b) The owner or its duly authorized representative shall
				  include the following information in the notice of intent:
(1) Information required in section 34 of appendix A of
				  chapter
				  11-55;
(2) Activity for which the recycled water is to be used and
				  the amount in gallons per day of recycled water to be used or conveyed;
(3) Name of the owner or operator of treatment works
				  producing or supplying the R-l water, if different from the permittee;
(4) Copy of the agreement(s) relating to R-1 water use
				  between the permittee and the owner or operator of treatment works producing
				  the R-l water, if the owner or operator is different from the permittee;
				  and
(5) Quantitative data of the R-l water in the recycled water
				  system.
(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
Wastewater Branch
Environmental Management Division
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. Implementation of Best Management Practices
(a) The permittee shall:
(1) Implement the best management practices approved by the
				  director under chapter
				  11-62 before and during the use or
				  conveyance of recycled water;
(2) Minimize discharges to state waters to the maximum extent
				  practicable; and
(b) The permittee shall implement or supplement the best
				  management practices as needed to improve the quality of discharges to state
				  waters, reduce the risk of discharges to state waters, reduce contamination of
				  R-l water after it is produced, or when instructed by the director.
7. Effluent Limitations and Monitoring Requirements
(a) The discharges shall be limited and monitored by the
				  permittee's supplier as specified under chapter
				  11-62. (Daily maximum effluent
				  limitations for saline water apply only when discharges to saline water occur
				  and daily maximum effluent limitations for fresh water apply only when
				  discharges to fresh water occur.)
(b) Basic Water Quality Criteria and Inspections
(1) The permittee shall not cause or contribute to a
				  violation of the basic water quality criteria as specified in section
				  11-54-4.
(2) The permittee shall inspect the receiving state waters,
				  the recycled water, and the implementation of control measures and best
				  management practices at least once per discharge or once daily, if discharge is
				  continuous and duration is longer than one day to prevent and detect violations
				  of and conditions which may cause violations of the basic water quality
				  criteria as specified in section
				  11-54-4.
Note: When effluent commingles with offsite water or
				  pollutant sources prior to discharging to the receiving water, in lieu of
				  inspecting the receiving water, inspect the effluent after it exits the site
				  and prior to commingling.
(3) During each discharge or as soon afterwards as possible,
				  the permittee shall inspect the discharge area 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.
(4) Discharge and receiving water quality may also be
				  monitored by grab samples or other means, and it shall be monitored by any
				  means and at times specified by the director.
8. Corrective Action
(a) If the permittee notices any item(s) which adversely
				  affects receiving water quality, the permittee shall immediately stop, reduce,
				  or modify operations, or implement new or revised best management practices as
				  needed to stop or prevent a violation of the basic water quality criteria as
				  specified in section
				  11-54-4.
(b) If the discharge is not of R-l quality or the best
				  management practices as approved by the director were not being implemented,
				  then the permittee shall immediately stop, reduce, or modify operations, or
				  implement new or revised best management practices 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) If the discharge is of R-l quality water and the best
				  management practices as approved by the director were implemented, then the
				  permittee shall orally report within twenty-four hours information regarding
				  the discharge and the best management practices implemented. A summary of all
				  discharges shall be tabulated quarterly and submitted to the wastewater branch
				  within thirty days after the quarters ending March, June, September, and
				  December.
(b) If the discharge is not of R-l quality, best management
				  practices approved by the director were not being implemented, or water quality
				  is adversely affected, then the permittee shall immediately notify the director
				  of any discharge to state waters, corrective measures taken, and shall report
				  in writing all of a month's discharges and corrective measures within five days
				  after that month.
(c) The permittee shall make oral reports by telephone to the
				  Wastewater Branch at (808) 586-4294 during regular office hours which are
				  Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m. or
				  the Hawaii State Hospital Operator at (808) 247-2191 outside of regular office
				  hours.
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
Wastewater Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, HI 96801-3378
(b) The owner or its duly authorized representative shall
				  include the following certification statement and an original signature on each
				  submittal in accordance with section
				  11-55-34.08(e) or
				  (f);
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and 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 activities required by this general permit 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.
14. Renewal
Requests for renewal of general permit coverage must be
				  received no later than 30 calendar days before the expiration of the general
				  permit coverage.
15. Forms
Electronic notice of intent forms may be found at the
				  Department's e-Permitting portal. The e-Permitting portal may be accessed via
				  the Clean Water Branch's website at:
http://health.hawaii.gov/cwb/
The
				  amended version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, October, eff.
				  10/22/2021 is not
				  yet available.