Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 55 - WATER POLLUTION CONTROL › Appendix C - NPDES GENERAL PERMIT AUTHORIZING DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY

Current through June, 2024
1. Coverage under this General Permit
1.1.
This general permit covers discharges composed entirely of
				  storm water runoff associated with construction activities, including, but not
				  limited to, clearing, grading, excavation, and construction support activities
				  that result in the disturbance of one acre or more of total land area. This
				  general permit also covers activities that disturb less than one acre of total
				  land area that is part of a larger common plan of development or sale if the
				  larger common plan will ultimately disturb one acre or more of total land
				  area.
Construction support activities include, but are not limited
				  to, concrete or asphalt batch plants, rock crushing plants, equipment staging
				  yards/areas, material storage areas, excavated material disposal areas, borrow
				  areas, etc. Coverage under this general permit for construction support
				  activities is allowed provided that the support activity is directly related to
				  the construction site required to have permit coverage for storm water
				  discharges; is not a commercial operation, nor does it serve multiple unrelated
				  construction projects; does not continue to operate beyond the completion of
				  the construction activity at the project it supports; and storm water controls
				  are implemented in accordance with this section and if applicable, section 6,
				  for storm water discharges from the support activity areas.
1.2.
This general permit covers all areas of the State except
				  natural freshwater lakes, saline lakes, and anchialine pools.
1.3.
This general permit shall automatically cover discharges of
				  storm water from construction activities in response to a public emergency
				  proclaimed by the President of the United States or State Governor if all of
				  the following conditions are met:
1.3.1.
The earth-disturbing activities are in response to a public
				  emergency (e.g., natural disaster, widespread disruption in essential public
				  services); and the related work requires immediate authorization to avoid
				  imminent endangerment to human health, public safety, or the environment, or to
				  reestablish essential public services; and
1.3.2.
Provide documentation to substantiate the issuance of the
				  public emergency proclamation by the President of the United States or State
				  Governor.
1.4.
"Disturbance of land" refers to the penetration, turning, or
				  moving of soil or resurfacing of pavement with exposure of the base course or
				  the exposure of bare soil or ground surface, including the land surface exposed
				  by construction roads, baseyards, staging areas, demolition, headquarters, and
				  parking areas. It does not include grass or weed cutting, bush or tree trimming
				  or felling that leaves soil or ground intact. It includes "grubbing" in its
				  normal meaning of the use of equipment to knock down and push vegetation out of
				  the way, typically uprooting vegetation and disturbing the ground
				  surface.
1.5.
A "larger common plan of development or sale" means a
				  contiguous area where multiple separate and distinct construction activities
				  may be taking place at different times on different schedules under one plan.
				  "Common plan" is broadly defined as any announcement or piece of documentation
				  (including a sign, public notice or hearing, sales pitch, advertisement,
				  drawing, permit application, zoning request, computer design, etc.) or physical
				  demarcation (including boundary signs, lot stakes, surveyor markings, etc.)
				  indicating construction activities may occur on a specific plot.
Note: Projects within a common plan of development must
				  submit separate Notice of Intents (NOIs). For the purpose of this permit, a
				  "project" means separate and distinct construction activities.
1.6.
A "SWPPP" (Storm Water Pollution Prevention Plan) is a
				  site-specific, written document that, among other things:
(1) identifies potential sources of storm water pollution at
				  the construction site;
(2) describes storm water control measures to reduce or
				  eliminate pollutants in storm water discharges from the construction site; and
(3) identifies procedures the permittee will implement to
				  comply with the terms and conditions of this general permit.
1.7
"Infeasible" means not technologically possible, or cost
				  prohibitive and not achievable in light of best industry practices.
2. Limitations on Coverage under this General Permit
2.1.
This general permit does not cover the following:
2.1.1.
Storm water discharges associated with construction activity
				  which flow into a sanitary sewer system;
2.1.2.
Storm water discharges from construction activities using
				  polymers, flocculants, or other treatment chemicals;
2.1.3
Storm water discharges associated with construction
				  activities that are regulated by existing individual permits;
2.1.4.
Storm water discharges from a construction activity 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;
2.1.5
Storm water discharges from construction approved under a
				  CWA Section 404 permit or;
2.1.6.
Storm water discharges from the clearing of lands
				  specifically for agricultural purposes in accordance with
				  40
				  CFR 122.3(e);
2.1.7.
Storm water discharges for which the director has issued a
				  notice of general permit coverage under another general permit specific to that
				  type of construction or industrial activity; and
2.1.8.
Storm water discharges that the director finds more
				  appropriately regulated under an individual permit.
2.2.
Discharges of storm water from new sources that have the
				  reasonable potential to cause, or contribute to an excursion above any
				  applicable water quality standard are not eligible for coverage under this
				  permit, except if the permittee has included appropriate controls and
				  implementation procedures designed to bring the discharge into compliance with
				  water quality standards. In the absence of information demonstrating otherwise,
				  the department expects that compliance with the storm water control
				  requirements in this permit, including the requirements applicable to such
				  discharges in section 6.2., will result in discharges that will not cause/ have
				  the reasonable potential to cause, or contribute to an excursion above any
				  applicable water quality standard.
For this permit "new sources'' means projects which occur
				  after this general permit becomes effective when section
				  11-55-34.02(b)(2)
				   becomes effective, ten days after filing
				  with the office of the lieutenant governor.
2.3.
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
				  11-55-34.11.
3. Term of the General Permit and Notice of General Permit
				  Coverage
3.1. Term of the General Permit
This general permit becomes effective ten days after filing
				  with the office of the lieutenant governor.
3.2. Term of the Notice of General Permit Coverage
A notice of general permit coverage under this general permit
				  expires, the earlier of the following, unless the notice of general permit
				  coverage is automatically terminated in accordance with section 2.3 or
				  administratively extended under section
				  11-55-34.09(d):
3.2.1.
As specified on Page 55-C-l; or
3.2.2.
When the notice of general permit coverage specifies.
4. 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.
5. Effluent Limitation Applicable To All Discharges From
				  Construction Sites
The permittee is required to comply with the following
				  effluent limitations in this section for discharges from the site and/or from
				  construction support activities.
Note: If the project is an "existing project" meaning that an
				  administrative extension of the NGPC was granted or the NGPC was renewed under
				  this general permit; or if the permittee is new because of a transfer of
				  ownership and/or operation replaces the permittee of an already issued NGPC,
				  and it is infeasible for the permittee to comply with a specific requirement in
				  this section because (1) the requirement was not part of the 2007 Appendix C,
				  and (2) because the permittee is prevented from compliance due to the nature or
				  location of earth disturbances that commenced prior to December 6, 2013, or
				  because the permittee is unable to comply with the requirement due to the
				  manner in which storm water controls have already been installed or were
				  already designed prior to December 6, 2013, the permittee is required to
				  document this fact in the SWPPP, refer to section 7, and are waived from
				  complying with that requirement. This flexibility applies only to the
				  requirements in sections 5.1 and 5.3.3. through 5.3.5. (except for sections
				  5.3.3.1., 5.3,3.2.2., 5.3.3.3.3.a., and 5.3.3.4.). This only applies to those
				  portions of the site that have already commenced earth-disturbing activities or
				  where storm water controls implemented in compliance with the previous permit
				  have already been installed.
5.1. Erosion and sediment control requirements.
The permittee shall design, install, and maintain erosion and
				  sediment controls that minimize the discharge of pollutants from
				  earth-disturbing activities. For purposes of this general permit, "Minimize"
				  means to reduce and/or eliminate to the extent achievable using storm water
				  controls that are technologically available and economically practicable and
				  achievable in light of best industry practices. To meet this requirement, the
				  permittee shall comply with the following provisions.
5.1.1. General requirements applicable to all construction
				  sites.
5.1.1.1. Area of disturbance.
The permittee is required to minimize the amount of soil
				  exposed during construction activities. The permittee is also subject to the
				  deadlines for temporarily and/or permanently stabilizing exposed portions of
				  the site pursuant to section 5.2.
5.1.1.2. Design requirements.
5.1.1.2.1.
The permittee shall account for the following factors in
				  designing storm water controls:
5.1.1.2.1.1.
The expected amount, frequency, intensity, and duration of
				  precipitation;
5.1.1.2.1.2.
The nature of storm water runoff and run-on at the site,
				  including factors such as expected flow from impervious surfaces, slopes, and
				  site drainage features. If any storm water flow will be channelized at the
				  site, the permittee shall design storm water controls to control both peak
				  flowrates and total storm water volume to minimize channel and streambank
				  erosion in the immediate vicinity of discharge points; and
5.1.1.2.1.3.
The range of soil particle sizes expected to be present on
				  the site.
5.1.1.2.2.
The permittee shall direct discharges from storm water
				  controls to vegetated areas of the site, including any natural buffers
				  established under section 5.1.2.1., and maximize stormwater infiltration to
				  reduce pollutant discharges, unless infeasible. Use velocity dissipation
				  devices if necessary to minimize soil erosion in order to minimize pollutant
				  discharges when directing storm water to vegetated areas.
5.1.1.3. Installation requirements.
5.1.1.3.1.
Complete installation of storm water controls prior to
				  earth-disturbance. Prior to earth-disturbing activities in any given portion of
				  the site have begun the permittee shall install and make operational any
				  downgradient sediment controls (e.g., buffers or equivalent sediment controls/
				  perimeter controls, exit point controls, storm drain inlet protection) that
				  control discharges from the initial site clearing, grading, excavating, and
				  other land-disturbing activities.
Note: The requirement to install storm water controls prior
				  to earth-disturbance of the project does not apply to the earth disturbance
				  associated with the actual installation of these controls.
5.1.1.3.2.
Use good engineering practices and follow manufacturer's
				  specifications. The permittee shall install all storm water controls in
				  accordance with good engineering practices, including applicable design
				  specifications.
Note: Design specifications may be found in manufacturer
				  specifications and/or in applicable erosion and sediment control manuals or
				  ordinances. Any departures from such specifications must reflect good
				  engineering practice and must be explained in the SWPPP.
5.1.1.4. Maintenance Requirements
5.1.1.4.1. The permittee shall ensure that all erosion and
				  sediment controls required in this section remain in effective operating
				  condition during permit coverage and are protected from activities that would
				  reduce their effectiveness.
5.1.1.4.2.
The permittee shall inspect all erosion and sediment
				  controls in accordance with the applicable requirements in section 9.1., and
				  document the findings in accordance with section 9.1.7. If a problem is found
				  (e.g., erosion and sediment controls need to be replaced, repaired, or
				  maintained), the permittee shall make the necessary repairs or modifications in
				  accordance with the following schedule:
5.1.1.4.2.1.
Initiate work to fix the problem immediately after
				  discovering the problem, and complete such work by the close of the next work
				  day, if the problem does not require significant repair or replacement, or if
				  the problem can be corrected through routine maintenance.
5.1.1.4.2.2.
When installation of a new erosion or sediment control or a
				  significant repair is needed, the permittee shall install the new or modified
				  control and make it operational, or complete the repair, by no later than 7
				  calendar days from the time of discovery where feasible. If it is infeasible to
				  complete the installation or repair within 7 calendar days, the permittee shall
				  document in its records why it is infeasible to complete the installation or
				  repair within the 7-day timeframe and document the schedule for installing the
				  storm water control(s) and making it operational as soon as practicable after
				  the 7-day timeframe. Where these actions result in changes to any of the storm
				  water controls or procedures documented in the SWPPP, the permittee shall
				  modify the SWPPP accordingly within 7 calendar days of completing this
				  work.
5.1.2.
Erosion and sediment control requirements applicable to all
				  sites.
5.1.2.1.
Provide natural buffers and sediment control. (These
				  requirements only apply when a state water is located within 50 feet of the
				  project's earth disturbances).
Note: The department does not consider all storm water
				  control features (e.g., storm water conveyance channels, storm drain inlets,
				  sediment basins) to be state waters.
Note: Written documentation allowing use is required from the
				  owner of areas that are not owned by the permittee or that are otherwise
				  outside the operational control to be considered areas of undisturbed natural
				  buffer for purposes of compliance with this section.
The permittee shall ensure that any discharges to state
				  waters through the area between the disturbed portions of the property and any
				  state waters located within 50 feet of the site are treated by an area of
				  undisturbed natural buffer and sediment controls.
Note: If the boundary of the disturbance area is within 50
				  feet of the State water, triggering this requirement, then the installation of
				  the project's perimeter control may be considered equivalent to the
				  installation of sediment control.
5.1.2.1.1. Compliance Alternatives.
The permittee can comply with this requirement in one of the
				  following ways:
5.1.2.1.1.1.
Provide and maintain a 50-foot undisturbed natural buffer
				  and sediment control; or
Note: If the earth disturbances are located 50 feet or
				  further from a state water and have installed sediment control, then the
				  permittee has complied with this alternative.
5.1.2.1.1.2.
Provide and maintain an undisturbed natural buffer that is
				  less than 50 feet and double sediment control (e.g., double perimeter control)
				  spaced a minimum of 5 feet apart; or
5.1.2.1.1.3.
If it is infeasible to provide and maintain an undisturbed
				  natural buffer of any size, the permittee shall provide and maintain double
				  sediment control (e.g., perimeter control} spaced a minimum of 5 feet apart and
				  complete stabilization within 7 calendar days of the temporary or permanent
				  cessation of earth-disturbing activities.
Note: For the compliance alternatives in sections
				  5.1.2.1.1.1. and 5.1.2.1.1.2., the permittee is not required to enhance the
				  quality of the vegetation that already exists in the buffer, or provide
				  vegetation if none exists. The permittee only need to retain and protect from
				  disturbance the natural buffer that existed prior to the commencement of
				  construction. Any preexisting structures or impervious surfaces are allowed in
				  the natural buffer provided the permittee retain and protect from disturbance
				  the natural buffer area outside the preexisting disturbance,
The permittee shall document the selected compliance
				  alternative in the SWPPP, and comply with the applicable additional
				  requirements described in section 5.1.2.1.2. and 5.1.2.1.3. below.
The compliance alternative selected above must be maintained
				  throughout the duration of permit coverage, or until construction in that
				  portion of the project is complete, and the area is restored and stabilized (as
				  applicable), except that the permittee may select a different compliance
				  alternative during the period of permit coverage, in which case the permittee
				  shall modify the SWPPP to reflect this change.
5.1.2.1.2.
Additional Requirements for the Compliance Alternatives in
				  section 5.1.2.1.1.1. and 5.1.2.1.1.2. If either of the compliance alternatives
				  in section 5.1.2.1.1.1. or 5.1.2.1.1.2. is chosen above, throughout the period
				  of coverage under this permit, the permittee shall comply with the following
				  additional requirements;
5.1.2.1.2.1
Ensure that all discharges from the area of earth
				  disturbance to the natural buffer are first treated by the site's erosion and
				  sediment controls, and use velocity dissipation devices if necessary to
				  minimize soil erosion in order to minimize pollutant discharges caused by storm
				  water within the buffer;
5.1.2.1.2.2.
Document in the SWPPP the natural buffer width retained on
				  the property, and show the buffer boundary on the site plan; and
5.1.2.1.2.3.
Delineate, and clearly mark off, with flags, tape, or other
				  similar marking device all natural buffer areas. 5.1.2.1.3.
Additional Requirement for the Compliance Alternative in
				  section 5.1.2.1.1.3. If the compliance alternative in section 5.1.2.1.1.3. is
				  chosen, the permittee shall also include in the SWPPP a description of why it
				  is infeasible to provide and maintain an undisturbed natural buffer of any
				  size.
5.1.2.1.4. Exceptions.
5.1.2.1.4.1.
If there is no discharge of storm water to state waters
				  through the area between the site and any state waters located within 50 feet
				  of the site, the permittee is not required to comply with the requirements in
				  this section. This includes situations where control measures have been
				  implemented, such as a berm or other barrier, that will prevent such
				  discharges.
5.1.2.1.4.2
For "linear construction projects" where "linear
				  construction projects" means the construction of roads, bridges, conduits,
				  substructures, pipelines, sewer lines, towers, poles, cables, wires,
				  connectors, switching, regulating and transforming equipment and associated
				  ancillary facilities in a long, narrow area, the permittee is not required to
				  comply with the requirements in this section if site constraints (e.g., limited
				  right-of-way) prevent the permittee from meeting any of the compliance
				  alternatives in section 5.1.2.1.1., provided that, to the extent practicable,
				  the permittee limit disturbances within 50 feet of state waters and/or the
				  permittee provide erosion and sediment controls to treat storm water discharges
				  from earth disturbances within 50 feet of the state water. The permittee shall
				  also document in the SWPPP the rationale as to why it is infeasible to comply
				  with the requirements in section 5.1.2.1.1., and describe any buffer width
				  retained and/or erosion and sediment controls installed.
5.1.2.1.4.3.
The following disturbances within 50 feet of a state water
				  are exempt from the requirements in this Part: construction approved under a
				  CWA 404 permit; or construction of a water-dependent structure or water access
				  area (e.g., pier, boat ramp, trail).
The permittee shall document in the SWPPP if any of the above
				  disturbances will occur within the buffer area on the site.
5.1.2.2 Install perimeter controls.
5.1.2.2.1
Installation requirements: The permittee shall install
				  sediment controls along those perimeter areas of the site that will receive
				  storm water from earth-disturbing activities.
For linear projects with rights-of-way that restrict or
				  prevent the use of such perimeter controls, the permittee shall maximize the
				  use of these controls where practicable and document in the SWPPP why it is
				  impracticable in other areas of the project.
5.1.2.2.2.
Maintenance Requirements: The permittee shall remove sediment
				  before it has accumulated to one-half of the above-ground height of any
				  perimeter control.
5.1.2.3. Minimize sediment track-out.
The permittee shall minimize the track-out of sediment onto
				  off-site streets, other paved areas, and sidewalks from vehicles exiting the
				  construction site. To comply with this requirement, the permittee shall:
5.1.2.3.1.
Restrict vehicle use to properly designated exit
				  points;
5.1.2.3.2.
Use appropriate stabilization techniques at all points that
				  exit onto paved roads so that sediment removal occurs prior to vehicle
				  exit;
5.1.2.3.3
Where necessary, use additional controls to remove sediment
				  from vehicle tires prior to exit; and
5.1.2.3.4.
Where sediment has been tracked-out from the site onto the
				  surface of off-site streets, other paved areas, and sidewalks, the permittee
				  shall remove the deposited sediment by the end of the same work day in which
				  the track-out occurs or by the end of the next work day if track-out occurs
				  during non-working hours. The permittee shall remove the track-out by sweeping,
				  shoveling, or vacuuming these surfaces, or by using other similarly effective
				  means of sediment removal. The permittee is prohibited from hosing or sweeping
				  tracked-out sediment into any storm water conveyance (unless it is connected to
				  a sediment basin, sediment trap, or similarly effective control), storm drain
				  inlet, or state water.
Note: The department recognizes that some fine grains may
				  remain visible on the surfaces of off-site streets, other paved areas, and
				  sidewalks even after the implementation of sediment removal practices. Such
				  "staining" is not a violation of this section.
5.1.2.4. Control discharges from stockpiled sediment or
				  soil.
For any stockpiles or land clearing debris composed, in whole
				  or in part, of sediment or soil, the permittee shall comply with the following
				  requirements:
Note: For the purposes of this permit, sediment or soil
				  stockpiles are defined as the storage for multiple days of soil or other
				  sediment material to be used in the construction project or transported for
				  disposal.
5.1.2.4.1.
Locate the piles outside of any natural buffers established
				  under section 5.1,2.1.1, and physically separated from other storm water
				  controls implemented in accordance with section 5.1.;
5.1.2.4.2.
Protect from contact with storm water (including run-on)
				  using a temporary perimeter sediment barrier;
5.1.2.4.3
Where practicable, provide cover or appropriate temporary
				  stabilization to avoid direct contact with precipitation or to minimize
				  sediment discharge;
5.1.2.4.4.
Do not hose down or sweep soil or sediment accumulated on
				  pavement or other impervious surfaces into any storm water conveyance (unless
				  connected to a sediment basin, sediment trap, or similarly effective control),
				  storm drain inlet, or state water; and
5.1.2.4.5.
Unless infeasible, contain and securely protect from
				  wind.
5.1.2.5. Minimize dust.
In order to avoid pollutants from being discharged into state
				  waters, to the extent feasible, the permittee shall minimize the generation of
				  dust through the appropriate application of water or other dust suppression
				  techniques.
5.1.2.6. Minimize the disturbance of steep slopes.
The permittee shall minimize the disturbance of ''steep
				  slopes." For this permit, "steeps slopes" means those that are 15 percent or
				  greater in grade.
Note: The permit does not prevent or prohibit disturbance on
				  steep slopes. For some projects, disturbance on steep slopes may be necessary
				  for construction (e.g., a road cut in mountainous terrain). If a disturbance to
				  steep slopes is required for the project, the department would recognize that
				  it is not economically achievable to avoid the disturbance to steep slopes.
				  However/ in cases where steep slope disturbances are required, minimizing the
				  disturbances to steep slopes consistent with this requirement can be
				  accomplished through the implementation of a number of standard erosion and
				  sediment control practices, such as by phasing disturbances to these areas and
				  using stabilization practices designed to be used on steep grades.
5.1.2.7. Preserve topsoil.
The permittee shall preserve native topsoil on the site,
				  unless infeasible. Preserving topsoil is not required where the intended
				  function of a specific area of the site dictates that the topsoil be disturbed
				  or removed.
Note: Some projects may be designed to be highly impervious
				  after construction, and therefore little or no vegetation is intended to
				  remain. In these cases, preserving topsoil at the site would not be feasible.
				  Some sites may not have space to stockpile topsoil on site for later use, in
				  which case, it may also not be feasible to preserve topsoil.
Note; Stockpiling of topsoil at off-site locations, or
				  transfer of topsoil to other locations, is an example of a practice that is
				  consistent with the requirements in this section.
5.1.2.8. Minimize soil compaction.
In areas of the site where final vegetative stabilization
				  will occur or where infiltration practices will be installed, the permittee
				  shall either:
5.1.2.8.1. Restrict vehicle/equipment use.
Restrict vehicle and equipment use in these locations to
				  avoid soil compaction; or
5.1.2.8.2. Use soil conditioning techniques.
Prior to seeding or planting areas of exposed soil that have
				  been compacted, use techniques that condition the soils to support vegetative
				  growth, if necessary and feasible.
5.1.2.9. Protect storm drain inlets.
If discharging to any storm drain inlet that carries storm
				  water flow from the site directly to a state water (and it is not first
				  directed to a sediment basin, sediment trap, or similarly effective control),
				  and the permittee has authority to access the storm drain inlet, the permittee
				  shall:
5.1.2.9.1. Installation requirements.
Install inlet protection measures that remove sediment from
				  the discharge prior to entry into the storm drain inlet.
Note: Inlet protection measures can be removed in the event
				  of flood conditions where safety or loss of property is of concern or to
				  prevent erosion/ but must be reinstalled once safety, property loss, or erosion
				  are no longer a risk.
5.1.2.9.2. Maintenance requirements.
Clean, or remove and replace, the protection measures as
				  sediment accumulates, the filter becomes clogged, and/or performance is
				  compromised. Where there is evidence of sediment accumulation adjacent to the
				  inlet protection measure, the permittee shall remove the deposited sediment by
				  the end of the same work day in which it is found or by the end of the
				  following work day if removal by the same work day is not feasible.
5.1.2.10 Contaminated soil and contaminated soil
				  stockpiles.
The permittee shall either:
5.1.2.10.1.
Prevent storm water from contacting contaminated soil and
				  contaminated soil stockpiles,* or
5.1.2.10.2.
Prevent the discharge of storm water runoff from
				  contaminated soil and contaminated soil stockpiles.
5.1.3.
Requirements applicable only to sites using these specific
				  storm water controls.
The permittee is required to comply with the following
				  requirements if installing any of the following storm water controls at the
				  site:
5.1.3.1. Constructed storm water conveyance channels.
Design storm water conveyance channels to avoid unstabilized
				  areas on the site and to reduce erosion, unless infeasible. Minimize erosion of
				  channels and their embankments, outlets, adjacent streambanks, slopes, and
				  downstream waters during discharge conditions through the use of erosion
				  controls and velocity dissipation devices within and along the length of any
				  constructed storm water conveyance channel, and at any outlet to provide a
				  non-erosive flow velocity.
5.1.3.2. Sediment Basins.
If installing a sediment basin, the permittee shall comply
				  with the following:
5.1.3.2.1. Design requirements.
5.1.3.2.1.1.
Provide storage for either (1) the calculated volume of
				  runoff from a minimum 2-year, 24-hour storm, or (2) 3,600 cubic feet per acre
				  drained;
5.1.3.2.1.2.
When discharging from the sediment basin, utilize outlet
				  structures that withdraw water from the surface in order to minimize the
				  discharge of pollutants, unless infeasible;
Note: The department believes that the circumstances in which
				  it is infeasible to design outlet structures in this manner are rare. If
				  determined by the permittee that it is infeasible to meet this requirement, the
				  permittee shall provide documentation in the SWPPP to support the
				  determination.
5.1.3.2.1.3.
Prevent erosion of (1) the sediment basin using stabilization
				  controls (e.g., erosion control blankets), and (2) the inlet and outlet using
				  erosion controls and velocity dissipation devices; and
5.1.3.2.1.4.
Sediment basins must be situated outside of state waters and
				  any natural buffers established under section 5.1.2.1.1., and must be designed
				  to avoid collecting water from wetlands.
5.1.3.2.2. Maintenance requirements.
Keep in effective operating condition and remove accumulated
				  sediment to maintain at least of the design capacity of the sediment basin at
				  all times.
5.1.3.3. Dewatering practices.
The permittee is prohibited from discharging ground water or
				  accumulated storm water that is removed from excavations, trenches,
				  foundations, vaults, or other similar points of accumulation.
5.2. Stabilization Requirements.
The permittee is required to stabilize exposed portions of
				  the site in accordance with the requirements of this section.
Note; For the purposes of this permit, "exposed portions of
				  the site" means areas of exposed soil that are required to be stabilized. Note
				  that the department does not expect that temporary or permanent stabilization
				  measures to be applied to areas that are intended to be left unvegetated or
				  unstabilized
following construction (e.g., dirt access roads, utility pole
				  pads, areas being used for storage of vehicles, equipment, or materials).
				  Otherwise, permanent stabilization is required for disturbed areas.
5.2.1. Deadlines for initiating and completing
				  stabilization.
5.2.1.1. Deadline to initiate stabilization.
The permittee shall initiate soil stabilization measures
				  immediately whenever earth-disturbing activities have permanently or
				  temporarily ceased on any portion of the site. In limited circumstances,
				  stabilization may not be required immediately (or, in even more limited
				  circumstances, permanently) if the intended function of a specific area of the
				  site necessitates that it remain disturbed.
Note: The Department can envision only limited cases where a
				  disturbed area would not require stabilization because it should remain
				  disturbed. Permittees must still minimize discharges from disturbed
				  areas.
Note: Earth-disturbing activities have permanently ceased
				  when clearing and excavation within any area of the construction site that will
				  not include permanent structures has been completed.
Note: Earth-disturbing activities have temporarily ceased
				  when clearing, grading, and excavation within any area of the site that will
				  not include permanent structures will not resume (i.e., the land will be idle)
				  for a period of 14 or more calendar days, but such activities will resume in
				  the future.
The 14 calendar day timeframe above begins counting as soon
				  as the permittee knows that construction work on a portion of the site will be
				  temporarily ceased. In circumstances where the permittee experiences unplanned
				  or unanticipated delays in construction due to circumstances beyond the
				  permittee's control (e.g., sudden work stoppage due to unanticipated problems
				  associated with construction labor, funding, or other issues related to the
				  ability to work on the site; weather conditions rendering the site unsuitable
				  for the continuation of construction work} and it is not known at first how
				  long the work stoppage will continue, the permittee's requirement to
				  immediately initiate stabilization is triggered as soon as it is known with
				  reasonable certainty that work will be stopped for 14 or more additional
				  calendar days. At that point, the permittee shall comply with sections 5.2.1.1.
				  and 5.2.1.2.
Note: For the purposes of this permit, the department will
				  consider any of the following types of activities to constitute the initiation
				  of stabilization:
a. prepping the soil for vegetative or non-vegetative
				  stabilization;
b. applying mulch or other non-vegetative product to the
				  exposed area;
c. seeding or planting the exposed area;
d. starting any of the activities in a - c on a portion of
				  the area to be stabilized, but not on the entire area; and
e. finalizing arrangements to have stabilization product
				  fully installed in compliance with the applicable deadline for completing
				  stabilization in sections 5.2.1.2. and 5.2.1.3.
This list of examples is not exhaustive.
Note: The term "immediately" is used to define the deadline
				  for initiating stabilization measures. In the context of this provision,
				  "immediately" means as soon as practicable, but no later than the end of the
				  next work day, following the day when the earth-disturbing activities have
				  temporarily or permanently ceased.
5.2.1.2. Deadline to complete stabilization
				  activities.
As soon as practicable, but no later than 14 calendar days
				  after the initiation of soil stabilization measures consistent with section
				  5.2.1.1., the permittee is required to have completed:
5.2.1.2.1.
For vegetative stabilization, all activities necessary to
				  initially seed or plant the area to be stabilized; and/or
5.2.1.2.2.
For non-vegetative stabilization, the installation or
				  application of all such non-vegetative measures.
5.2.1.3. Exceptions to the deadlines for initiating and
				  completing stabilization.
5.2.1.3.1
Deadlines for projects that are affected by circumstances
				  beyond the control of the permittee that delay the initiation and/or completion
				  of vegetative stabilization as required in sections 5.2.1.1. and/or 5.2.1.2. If
				  the permittee is unable to meet the deadlines in sections 5.2.1.1. and/or
				  5.2.1.2. due to circumstances beyond the permittee's control (e.g. problems
				  with the supply of seed stock or with the availability of specialized
				  equipment, unsuitability of soil conditions due to excessive precipitation
				  and/or flooding), and the permittee is using vegetative cover for temporary or
				  permanent stabilization, the permittee may comply with the following
				  stabilization deadlines instead:
5.2.1.3.1.1.
Immediately initiate, and within 14 calendar days complete,
				  the installation of temporary non-vegetative stabilization measures to prevent
				  erosion;
5.2.1.3.1.2
Complete all soil conditioning, seeding, watering or
				  irrigation installation, mulching, and other required activities related to the
				  planting and initial establishment of vegetation as soon as conditions or
				  circumstances allow it on the site; and
Note: The permittee is required to have stabilized the
				  exposed portions of the site consistent with section 5.2.2. prior to
				  terminating permit coverage.
5.2.1.3.1.3
Document the circumstances that prevent the permittee from
				  meeting the deadlines required in sections 5.2.1.1. and/or 5.2.1.2. and the
				  schedule the permittee will follow for initiating and completing
				  stabilization.
5.2.1.3.2
Deadlines for sites discharging to impaired waters. For any
				  portion of the site that discharges to a sediment or nutrient-impaired water
				  {see section 6.2.), the permittee is required to complete the stabilization
				  activities specified in sections 5.2.1.2.1. and/or 5.2.1.2.2. within 7 calendar
				  days after the temporary or permanent cessation of earth-disturbing
				  activities.
Note: If the permittee qualifies for the deadlines for
				  initiating and completing stabilization in section 5.2.1.3.1. or 5.2.1.3.2.,
				  the permittee may comply with the stabilization deadlines in section 5.2.1.3.1.
				  or 5.2.1.3.2. for any portion of the site that discharges to an impaired
				  water.
5.2.2. Criteria for stabilization.
To be considered adequately stabilized, the permittee shall
				  meet the criteria below depending on the type of cover the permittee is using,
				  either vegetative or non-vegetative.
5.2.2.1. Vegetative stabilization.
5.2.2.1.1.
For all sites, except those located on agricultural
				  lands.
5.2.2.1.1.1.
If the permittee is vegetatively stabilizing any exposed
				  portion of the site through the use of seed or planted vegetation, the
				  permittee shall provide established uniform vegetation (e.g., evenly
				  distributed without large bare areas), which provides 70 percent or more of the
				  density of coverage that was provided by vegetation prior to commencing
				  earth-disturbing activities. The permittee should avoid the use of invasive
				  species;
5.2.2.1.1.2.
For final stabilization, vegetative cover must be perennial;
				  and
5.2.2.1.1.3.
Immediately after seeding or planting the area to be
				  vegetatively stabilized, to the extent necessary to prevent erosion on the
				  seeded or planted area, the permittee shall select, design, and install
				  non-vegetative erosion controls that provide cover (e.g., mulch, rolled erosion
				  control products) to the area while vegetation is becoming established.
5.2.2.1.2.
For sites located on land used for agriculture. Disturbed
				  areas on land used for agricultural purposes (e.g., pipelines across crop or
				  range land, staging areas for highway construction) that are restored to their
				  pre-construction agricultural use are not subject to these final stabilization
				  criteria. Areas disturbed that were not previously used for agricultural
				  activities, and areas that are not being returned to preconstruction
				  agricultural use, must meet the conditions for stabilization in this section.
				  5.2.2.2. Non-Vegetative Stabilization.
If the permittee is using non-vegetative controls to
				  stabilize exposed portions of the site, or if the permittee is using such
				  controls to temporarily protect areas that are being vegetatively stabilized,
				  the permittee shall provide effective non-vegetative cover to stabilize any
				  such exposed portions of the site.
5.3. Pollution prevention requirements.
The permittee is required to design, install, and maintain
				  effective pollution prevention measures in order to prevent the discharge of
				  pollutants. Consistent with this requirement, the permittee shall:
a. Eliminate certain pollutant discharges from the site (see
				  section 5.3-1.);
b. Properly maintain all pollution prevention controls (see
				  section 5.3.2.); and
c. Comply with pollution prevention standards for
				  pollutant-generating activities that occur at the site (see section
				  5.3.3.).
These requirements apply to all areas of the construction
				  site and any and all support activities covered by this permit consistent with
				  section 5.
5.3.1. Prohibited Discharges.
The permittee is prohibited from discharging the following
				  from the construction site:
5.3.1.1. Wastewater from washout of concrete;
5.3.1.2. Wastewater from washout and cleanout of stucco,
				  painty form release oils, curing compounds and other construction
				  materials,;
5.3.1.3. Fuels/ oils, or other pollutants used in vehicle and
				  equipment operation and maintenance;
5.3.1.4. Soaps, solvents, or detergents used in vehicle and
				  equipment washing; and
5.3.1.5. Toxic or hazardous substances from a spill or other
				  release.
5.3.2. General Maintenance Requirements.
The permittee shall ensure that all pollution prevention
				  controls installed in accordance with this section remain in effective
				  operating condition and are protected from activities that would reduce their
				  effectiveness. The permittee shall inspect all pollutant-generating activities
				  and pollution prevention controls in accordance with the inspection frequency
				  requirements in sections 9.1.2 or 6.2.2.1. to avoid situations that may result
				  in leaks, spills, and other releases of pollutants in storm water discharges to
				  receiving waters, and must document the findings in accordance with section
				  9.1.7. If the permittee finds that controls need to be replaced, repaired, or
				  maintained, the permittee shall make the necessary repairs or modifications in
				  accordance with the following:
5.3.2.1.
Initiate work to fix the problem immediately after
				  discovering the problem, and complete such work by the close of the next work
				  day, if the problem does not require significant repair or replacement, or if
				  the problem can be corrected through routine maintenance.
5.3.2.2.
When installation of a new pollution prevention control or a
				  significant repair is needed, the permittee shall install the new or modified
				  control and make it operational, or complete the repair, by no later than 7
				  calendar days from the time of discovery. If it is infeasible to complete the
				  installation or repair within 7 calendar days, the permittee shall document in
				  the records why it is infeasible to complete the installation or repair within
				  the 7 calendar day timeframe and document the schedule for installing the storm
				  water control(s) and making it operational as soon as practicable after the 7
				  calendar day timeframe. Where these actions result in changes to any of the
				  pollution prevention controls or procedures documented in the SWPPP, the
				  permittee shall modify the SWPPP accordingly within 7 calendar days of
				  completing this work.
5.3.3. Pollution prevention standards.
The permittee is required to comply with the pollution
				  prevention standards in this section if the permittee conducts any of the
				  following activities at the site or at any construction support activity areas
				  covered by this permit (see section 5):
a. Fueling and maintenance of equipment or vehicles;
b. Washing of equipment and vehicles;
c. Storage, handling, and disposal of construction materials,
				  products, and wastes; and
d. Washing of applicators and containers used for paint,
				  concrete, or other materials,
The pollution prevention standards are as follows;
5.3.3.1. Fueling and maintenance of equipment or
				  vehicles.
If the permittee conducts fueling and/or maintenance of
				  equipment or vehicles at the site, the permittee shall provide an effective
				  means of eliminating the discharge of spilled or leaked chemicals, including
				  fuel, from the area where these activities will take place. To comply with the
				  prohibition in section 5.3.1.3., the permittee shall:
5.3.3.1.1.
If applicable, comply with the Spill Prevention Control and
				  Countermeasures (SPCC) requirements in 40 CFR 112 and section 311 of the
				  CWA;
5.3.3.1.2.
Ensure adequate supplies are available at all times to handle
				  spills, leaks, and disposal of used liquids;
5.3.3.1.3.
Use drip pans and absorbents under or around leaky vehicles
				  and equipment;
5.3.3.1.4.
Dispose of or recycle oil and oily wastes in accordance with
				  other federal, state, and local requirements;
5.3.3.1.5.
Clean up spills or contaminated surfaces immediately, using
				  dry clean up measures where possible, and eliminate the source of the spill to
				  prevent a discharge or a furtherance of an ongoing discharge; and
5.3.3.1.6.
Do not clean surfaces by hosing the area down.
5.3.3.2. Washing of equipment and vehicles.
5.3.3.2.1.
The permittee shall provide an effective means to prevent the
				  discharge of pollutants from equipment and vehicle washing, wheel wash water,
				  and other types of washing; and
5.3.3.2.2.
To comply with the prohibition in section 5.3.1.4., for
				  storage of soaps, detergents, or solvents, the permittee shall provide either
				  (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these
				  detergents from coming into contact with rainwater, or (2) a similarly
				  effective means designed to prevent the discharge of pollutants from these
				  storage areas.
5.3.3.3. Storage, Handling, and Disposal of Construction
				  Products, Materials, and Wastes,
The permittee shall minimize the exposure to storm water of
				  any of the products, materials, or wastes specified below that are present at
				  the site by complying with the requirements in this section.
Note: These requirements do not apply to those products,
				  materials, or wastes that are not a source of storm water contamination or that
				  are designed to be exposed to storm water.
To ensure meeting this requirement, the permittee
				  shall:
5.3.3.3.1.
For building products; In storage areas, provide
				  either:
a. Cover (e.g., plastic sheeting or temporary roofs) to
				  prevent these products from coming into contact with rainwater, or
b. A similarly effective means designed to prevent the
				  discharge of pollutants from these areas.
5.3.3.3.2.
For pesticides, herbicides, insecticides, fertilizers, and
				  landscape materials:
a. In storage areas, provide either (1) cover (e.g., plastic
				  sheeting or temporary roofs} to prevent these chemicals and materials from
				  coming into contact with rainwater, or (2) a similarly effective means designed
				  to prevent the discharge of pollutants from these areas; and
b. Comply with all application and disposal requirements
				  included on the registered pesticide, herbicide, insecticide, and fertilizer
				  label.
5.3.3.3.3.
For diesel fuel, oil, hydraulic fluids, other petroleum
				  products, and other chemicals:
a. To comply with the prohibition in section 5.3.1.3., store
				  chemicals in water-tight containers, and provide either (1) cover (e.g.,
				  plastic sheeting or temporary roofs) to prevent these containers from coming
				  into contact with rainwater, or (2) a similarly effective means designed to
				  prevent the discharge of pollutants from these areas (e.g., spill kits), or
				  provide secondary containment (e.g., spill berms, decks, spill containment
				  pallets); and
b. Clean up spills immediately, using dry clean-up methods
				  where possible, and dispose of used materials properly. Do not clean surfaces
				  or spills by hosing the area down. Eliminate the source of the spill to prevent
				  a discharge or a continuation of an ongoing discharge.
5.3.3.3.4.
For hazardous or toxic waste;
Separate hazardous or toxic waste from construction and
				  domestic waste;
a. Store waste in sealed containers/ which are constructed of
				  suitable materials to prevent leakage and corrosion, and which are labeled in
				  accordance with applicable Resource Conservation and Recovery Act (RCRA)
				  requirements and all other applicable federal, state, and local
				  requirements;
b. Store all containers that will be stored outside away from
				  surface waters and within appropriately-sized secondary containment (e.g.,
				  spill berms, decks, spill containment pallets) to prevent spills from being
				  discharged, or provide a similarly effective means designed to prevent the
				  discharge of pollutants from these areas (e.g., storing chemicals in covered
				  area or having a spill kit available on site);
c. Dispose of hazardous or toxic waste in accordance with the
				  manufacturer's recommended method of disposal and in compliance with federal,
				  state, and local requirements; and
d. Clean up spills immediately, using dry clean-up methods
				  where possible, and dispose of used materials properly. Do not clean surfaces
				  or spills by hosing the area down. Eliminate the source of the spill to prevent
				  a discharge or a furtherance of an ongoing discharge.
5.3.3.3.5.
For construction and domestic waste:
Provide waste containers (e.g., dumpster or trash receptacle)
				  of sufficient size and number to contain construction and domestic wastes. In
				  addition, the permittee shall:
a. On work days, clean up and dispose of waste in designated
				  waste containers; and
b. Clean up immediately if containers overflow.
5.3.3.3.6.
For sanitary waste:
Position portable toilets so that they are secure and will
				  not be tipped or knocked over.
5.3.3.4. Washing of applicators and containers used for
				  paint, concrete, or other materials.
The permittee shall provide an effective means of eliminating
				  the discharge of water from the washout and cleanout of stucco, paint,
				  concrete, form release oils, curing compounds, and other construction
				  materials. To comply with this requirement, the permittee shall:
5.3.3.4.1.
Direct all washwater into a leak-proof container or
				  leak-proof pit. The container or pit must be designed so that no overflows can
				  occur due to inadequate sizing or precipitation;
5.3.3.4.2.
Handle washout or cleanout wastes as follows:
a. Do not dump liquid wastes in storm sewers;
b. Dispose of liquid wastes in accordance with applicable
				  requirements in section 5.3.3.3.; and
c. Remove and dispose of hardened concrete waste consistent
				  with the handling of other construction wastes in section 5.3.3.3.; and
5.3.3.4.3.
Locate any washout or cleanout activities as far away as
				  possible from state waters and storm water inlets or conveyances, and/ to the
				  extent practicable, designate areas to be used for these activities and conduct
				  such activities only in these areas.
5.3.4. Emergency spill notification.
The permittee is prohibited from discharging toxic or
				  hazardous substances from a spill or other release, consistent with section
				  5,3.1.5. Where a leak, spill, or other release containing a hazardous substance
				  or oil in an amount equal to or in excess of a reportable quantity established
				  under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during
				  a 24-hour period, the permittee shall notify the National Response Center (NRC)
				  at (800) 424-8802, the Clean Water Branch during regular business hours at
				  586-4309, and the Hawaii State Hospital Operator at 247-2191 and the Clean
				  Water Branch via email at cleanwaterbranch@doh.hawaii.gov during non-business
				  hours as soon as the permittee has knowledge of the discharge. The permittee
				  shall also, within 7 calendar days of knowledge of the release, provide a
				  description of the release, the circumstances leading to the release, and the
				  date of the release. State and local requirements may necessitate additional
				  reporting of spills or discharges to local emergency response, public health,
				  or drinking water supply agencies.
5.3.5. Fertilizer discharge restrictions.
The permittee is required to minimize discharges of
				  fertilizers containing nitrogen or phosphorus. To meet this requirement, the
				  permittee shall comply with the following requirements:
5.3.5.1. Apply at a rate and in amounts consistent with
				  manufacturer's specifications, or document departures from the manufacturer
				  specifications where appropriate in section 7.2.7.2. of the SWPPP;
5.3.5.2. Apply at the appropriate time of year for the
				  location, and preferably timed to coincide as closely as possible to the period
				  of maximum vegetation uptake and growth;
5.3.5.3. Avoid applying before heavy rains that could cause
				  excess nutrients to be discharged;
5.3.5.4. Never apply to storm water conveyance channels with
				  flowing water; and
5.3.5.5. Follow all other federal, state, and local
				  requirements regarding fertilizer application.
6. Water Quality-Based Effluent Limitations
6.1 General Effluent limitation to meet applicable water
				  quality standards.
The permittee shall not cause or contribute to a violation of
				  the basic water quality criteria as specified in section
				  11-54-4.
In the absence of information demonstrating otherwise, the
				  department expects that compliance with the conditions in this permit will
				  result in storm water discharges being controlled as necessary to meet
				  applicable water quality standards. If at any time the permittee becomes aware,
				  or the department determines, that the discharge is not being controlled as
				  necessary to meet applicable water quality standards, the permittee must take
				  corrective action as required in section 10.2.1., and document the corrective
				  actions as required in section 10.2.1. and section 10.4.
The department will also impose additional water
				  quality-based limitations on a site-specific basis, or require the permittee to
				  obtain coverage under an individual permit/ if information in the NOI, or from
				  other sources indicates that the discharges are not controlled as necessary to
				  meet applicable water quality standards. This includes situations where
				  additional controls are necessary to comply with a wasteload allocation in a
				  state-established and EPA-approved Total Maximum Daily Load (TMDL),
6.2. Discharge limitations for impaired waters
If discharge is to a state water that is impaired for (1)
				  sediment or a sediment-related parameter, such as total suspended solids (TSS)
				  or turbidity, and/or (2) nutrients, including impairments for nitrogen and/or
				  phosphorus, the permittee is required to comply with the requirements in
				  section 6.2.2.
Note: For the purposes of this section, "impaired waters" are
				  waters identified as impaired on the State CWA section 303(d) list, and waters
				  with a state-established and EPA-approved TMDL. The construction site will be
				  considered to discharge to an impaired water if the first state water to which
				  the discharge enters is to a water on the section 303(d) list or one with a
				  state established and EPA-approved TMDL. For discharges that enter a storm
				  water drainage system prior to discharge, the first state water to which
				  discharge is the water body that receives the storm water discharge from the
				  storm water drainage system.
If discharge is to an impaired water that is impaired for a
				  parameter other than a sediment-related parameter or nutrients, the department
				  will inform the permittee if any additional limits or controls are necessary
				  for the discharge to be controlled as necessary to meet water quality
				  standards, including for it to be consistent with the assumptions of any
				  available wasteload allocation in any applicable TMDL, or if coverage under an
				  individual permit is necessary.
If during the coverage under a previous permit, the permittee
				  was required to install and maintain storm water controls specifically to meet
				  the assumptions and requirements of a state-established and EPA-approved TMDL
				  {for any parameter) or to otherwise control the discharge to meet water quality
				  standards, the permittee shall continue to implement such controls as part of
				  this permit.
6.2.1. Identify if you discharge to an impaired water.
If discharge is to an impaired water, the permittee shall
				  provide the following information in the NOI:
a. A list of all impaired waters to which discharge
				  enters;
b. The pollutant(s) for which the state water is impaired;
				  and
6.2.2. Requirements for discharges to sediment or
				  nutrient-impaired waters.
If discharge is to a state water that is impaired for (1)
				  sediment or a sediment-related parameter (e.g., total suspended solids (TSS) or
				  turbidity) and/or (2) nutrients (e.g., nitrogen and/or phosphorus)/ including
				  impaired waters for which a TMDL has been approved or established for the
				  impairment, the permittee is required to comply with the following storm water
				  control requirements in sections 6.2.2.1. and 6.2.2.2., which supplement the
				  requirements applicable to the site in other corresponding sections of the
				  permit.
The department will also impose additional water
				  quality-based limitations on a site-specific basis, or require the permittee to
				  obtain coverage under an individual permit, if it is determined that the
				  controls will not be sufficient to control discharges consistent with the
				  assumptions and requirements of an applicable wasteload allocation of an
				  approved or established TMDL or to prevent the site from contributing to the
				  impairment.
6.2.2.1. Frequency of site inspection.
The permittee shall conduct inspections at the frequency
				  specified in section 9.1.3.
6.2.2.2. Deadline to complete stabilization.
The permittee shall comply with the deadlines for completing
				  site stabilization as specified in section 5.2.1.3.2.
7. Storm Water Pollution Prevention Plan (SWPPP)
7.1. Requirement to develop a SWPPP prior to submitting an
				  NOI.
All permittees and their contractors with a construction
				  project to be covered under this permit must develop a SWPPP.
The Permittee is required to develop the site's SWPPP prior
				  to submitting the NOI. The SWPPP must include at a minimum the information
				  required in section 7.2. and as specified in other sections of this general
				  permit and any other information as requested by the director. The permittee
				  shall also update the SWPPP as required in section 7.4.
If a Site Specific Construction Best Management Practices
				  (SSCBMP) Plan was previously developed for coverage under a previous version of
				  this general permit, the permittee shall review and update the SSCBMP Plan to
				  ensure that requirements of this permit's SWPPP are addressed prior to
				  submitting the NOI.
7.2. SWPPP Contents
The SWPPP must include the following information, at a
				  minimum.
7.2.1. Storm water team.
The permittee shall assemble and oversee a "storm water
				  team," which is responsible for the development of the SWPPP, any later
				  modifications to it, and for compliance with the requirements in this
				  permit.
The SWPPP must identify the personnel (by name or position)
				  that are part of the storm water team, as well as their individual
				  responsibilities. Each member of the storm water team must have ready access to
				  an electronic or paper copy of applicable portions of this permit, the most
				  updated copy of the SWPPP, and other relevant documents or information that
				  must be kept with the SWPPP.
7.2.2. Nature of construction activities.
The SWPPP must describe the nature of the construction
				  activities, including the size of the project site (in acres) and the total
				  area expected to be disturbed by the construction activities (in acres),
				  construction support activity areas covered by this permit (see section 5), and
				  the maximum area expected to be disturbed at any one time.
7.2.3. Emergency-related projects.
If conducting earth-disturbing activities in response to a
				  public emergency (see section 1.3.), the permittee shall document the cause of
				  the public emergency (e.g., natural disaster, extreme flooding conditions,
				  etc.), information substantiating its occurrence (e.g., state emergency
				  proclamation or similar state proclamation), and a description of the
				  construction necessary to reestablish effected public services. The
				  proclamation of a civil defense emergency or similar proclamation is required
				  to be from the President of the United States or State Governor.
7.2.4. Identification of other site contractors.
The SWPPP must include a list of all other contractors (e.g.,
				  sub-contractors) who will be engaged in construction activities at the site,
				  and the areas of the site over which each contractor has control.
Note: The department acknowledges that a list of all other
				  contractors might not be available at the time the SWPPP and NOI are submitted.
				  If that is the case, then the SWPPP must be amended to include the information
				  required in Section 7.2.4 prior to the start of construction activities.
7.2.5. Sequence and estimated dates of construction
				  activities.
The SWPPP must include a description of the intended sequence
				  of construction activities, including a schedule of the estimated start dates
				  and the duration of the activity, for the following activities:
7.2.5.1.
Installation of storm water control measures, and when they
				  will be made operational, including an explanation of how the sequence and
				  schedule for installation of storm water control measures complies with section
				  5.1.1.3.1. and of any departures from manufacturer specifications pursuant to
				  section 5.1.1.3.2., including removal procedures of the storm water control
				  measures after construction has ceased;
7.2.5.2.
Commencement and duration of earth-disturbing activities,
				  including clearing and grubbing, mass grading, site preparation (i.e.,
				  excavating, cutting and filling), final grading, and creation of soil and
				  vegetation stockpiles requiring stabilization;
7.2.5.3.
Cessation, temporarily or permanently, of construction
				  activities on the site, or in designated portions of the site;
7.2.5.4.
Final or temporary stabilization of areas of exposed soil.
				  The dates for stabilization must reflect the applicable deadlines to which the
				  permittee is subject to in section 5.2.1,; and
7.2.5.5.
Removal of temporary storm water conveyances/channels and
				  other storm water control measures, removal of construction equipment and
				  vehicles, and cessation of any pollutant-generating activities.
Note: If plans change due to unforeseen circumstances or for
				  other reasons, the requirement to describe the sequence and estimated dates of
				  construction activities is not meant to "lock in" the permittee or contractor
				  to meeting these projections. When departures from initial projections are
				  necessary, this should be documented in the SWPPP itself or in associated
				  records, as appropriate.
7.2.6. Site map.
The SWPPP must include a legible site map, or series of maps,
				  showing the following features of the project:
Note: Included in the project site are any construction
				  support activities covered by this permit (see section 5).
7.2.6.1.
Boundaries of the property and of the locations where
				  construction activities will occur, including:
a. Locations where earth-disturbing activities will occur,
				  noting any sequencing of construction activities;
b. Approximate slopes before and after major grading
				  activities and drainage patterns with flow arrows. Note areas of steep slopes,
				  as defined in section 5.1.2.6.;
c. Locations where sediment, soil, or other construction
				  materials will be stockpiled;
d. Locations of any contaminated soil or contaminated soil
				  stockpiles;
e. Locations of any crossings of state waters;
f. Designated points on the site where vehicles will exit
				  onto paved roads;
g. Locations of structures and other impervious surfaces upon
				  completion of construction; and
h. Locations of construction support activity areas covered
				  by this permit {see section 5).
7.2.6.2.
Locations of all state waters, including wetlands, that exist
				  within or in the immediate vicinity of the site and indicate which waterbodies
				  are listed as impaired;
7.2.6.3.
The boundary lines of any natural buffers provided consistent
				  with section 5.1.2.1,1.;
7.2.6.4.
Topography of the site, existing vegetative cover and
				  features (e.g., forest, pasture, pavement, structures), and drainage pattern(s)
				  of storm water onto, over, and from the site property before and after major
				  grading activities;
7.2.6.5.
Storm water discharge locations, including:
a. Locations of any storm drain inlets on the site and in the
				  immediate vicinity of the site to receive storm water runoff from the
				  project;
b. Locations where storm water will be discharged to state
				  waters (including wetlands); and
c. Locations where storm water will exit the site.
7.2.6.6.
Locations of all potential pollutant-generating activities
				  identified in section 7.2.7.;
7.2.6.7.
Locations of storm water control measures; and
7.2.6.8.
Locations where chemicals will be used and stored.
7.2.7. Construction site pollutants.
The SWPPP must include the following:
a. A list and description of all the pollutant-generating
				  activities on the site.
b. For each pollutant-generating activity, an inventory of
				  pollutants or pollutant constituents (e.g., sediment, fertilizers and/or
				  pesticides, paints, solvents, fuels) associated with that activity, which could
				  be exposed to rainfall and could be discharged from the construction site. The
				  permittee shall take into account where potential spills and leaks could occur
				  that contribute pollutants to storm water discharges. The permittee shall also
				  document any departures from the manufacturer's specifications for applying
				  fertilizers containing nitrogen and phosphorus, as required in section
				  5.3.5.1.
7.2.8. Sources of non-storm water.
The SWPPP must also identify all sources of non-storm water
				  and information, including, but not limited to, the design, installation, and
				  maintenance of the control measures to prevent its discharge.
7.2.9. Buffer documentation.
If the permittee is required to comply with section 5.1.2.1.
				  because a state water is located within 50 feet of the project's earth
				  disturbances, the permittee shall describe which compliance alternative the
				  permittee has selected for the site, and comply with any additional
				  requirements to provide documentation in section 5.1.2.1.
7.2.10. Description of storm water control measures,
7.2.10.1 Storm water control measures to be used during
				  construction Activity.
The SWPPP must describe all storm water control measures that
				  are or will be installed and maintained at the site to meet the requirements of
				  section 5. For each storm water control measure, the permittee must
				  document:
a. Information on the type of storm water control measure to
				  be installed and maintained, including design information;
b. What specific sediment controls will be installed and made
				  operational prior to conducting earth-disturbing activities in any given
				  portion of the site to meet the requirement of section 5.1.2.2.1.;
c. If contaminated soil exists on-site, the control measures
				  to either prevent the contact of storm water with the contaminated soil,
				  including any contaminated soil stockpiles, or prevent the discharge of any
				  storm water runoff which has contacted contaminated soil or any contaminated
				  soil stockpiles;
d. For exit points on the site, document stabilization
				  techniques the permittee will use and any additional controls that are planned
				  to remove sediment prior to vehicle exit consistent with section 5.1.2.3.;
				  and
e. For linear projects, where the permittee has determined
				  that the use of perimeter controls in portions of the site is impracticable,
				  document why the permittee believes this to be the case (see section
				  5.1.2.2.1.).
7.2.10.2. Stabilization practices.
The SWPPP must describe the specific vegetative and/or
				  non-vegetative practices that will be used to comply with the requirements in
				  section 5.2., including if the permittee will be complying with the
				  stabilization deadlines specified in section 5.2.1.3.2. The permittee shall
				  document the circumstances that prevent the permittee from meeting the
				  deadlines specified in sections 5.2.1.1. and/or 5.2.1.2.
7.2.10.3. Post construction measures.
Descriptions of measures that will minimize the discharge of
				  pollutants via storm water discharges after construction operations have been
				  finished. All projects require post construction BMPs to minimize the discharge
				  of pollutants via storm water discharges after construction operations have
				  been finished. Examples include: open, vegetated swales and natural
				  depressions; structures for storm water retention, detention, or recycle;
				  velocity dissipation devices to be placed at the outfalls of detention
				  structures or along with the length of outfall channels; and other appropriate
				  measures.
7.2.11 Pollution prevention procedures.
7.2.11.1. Spill prevention and response procedures.
The SWPPP must describe procedures that the permittee will
				  follow to prevent and respond to spills and leaks consistent with section 5.3.,
				  including:
a. Procedures for expeditiously stopping, containing, and
				  cleaning up spills, leaks, and other releases. Identify the name or position of
				  the employee(s) responsible for detection and response of spills or leaks;
				  and
b. Procedures for notification of appropriate facility
				  personnel, emergency response agencies, and regulatory agencies where a leak,
				  spill, or other release containing a hazardous substance or oil in an amount
				  equal to or in excess of a reportable quantity consistent with section 5.3.4
				  and established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part
				  302, occurs during a 24-hour period. Contact information must be in locations
				  that are readily accessible and available.
The permittee may also reference the existence of Spill
				  Prevention Control and Countermeasure (SPCC) plans developed for the
				  construction activity under Part 311 of the CWA, or spill control programs
				  otherwise required by an NPDES permit for the construction activity, provided
				  that the permittee keeps a copy of that other plan onsite.
Note: Even if the permittee already has an SPCC or other
				  spill prevention plan in existence, the plans will only be considered adequate
				  if they meet all of the requirements of this section, either as part of the
				  existing plan or supplemented as part of the SWPPP.
7.2.11.2. Waste management procedures.
The SWPPP must describe procedures for how the permittee will
				  handle and dispose of all wastes generated at the site, including, but not
				  limited to, clearing and demolition debris, sediment removed from the site,
				  construction and domestic waste, hazardous or toxic waste, and sanitary
				  waste.
7.2.12. Procedures for inspection, maintenance, and
				  corrective action.
The SWPPP must describe the procedures the permittee will
				  follow for maintaining the storm water control measures, conducting site
				  inspections, and, where necessary, taking corrective actions, in accordance
				  with section 5.1.1.4., section 5.3.2., section 9, and section 10 of the permit.
				  The following information must also be included in the SWPPP:
a. Personnel responsible for conducting inspections;
b. The inspection schedule the permittee will be following,
				  which is based on whether the site is subject to section 9.1.2. or section
				  9.1.3., and whether the site qualifies for any of the allowances for reduced
				  inspection frequencies in 9.1.4. If the permittee will be conducting
				  inspections in accordance with the inspection schedule in section 9.1.2.a. or
				  section 9.1.2.b., the location of the rain gauge on the site or the address of
				  the weather station the permittee will be using to obtain rainfall data;
				  and
c. Any inspection or maintenance checklists or other forms
				  that will be used.
7.2.13. Staff training.
The SWPPP must include documentation that the required
				  personnel were trained in accordance with the following:
7.2.13.1.
Prior to the commencement of earth-disturbing activities or
				  pollutant-generating activities, whichever occurs first, the permittee shall
				  ensure that the following personnel understand the requirements of this permit
				  and their specific responsibilities with respect to those requirements:
a. Personnel who are responsible for the design,
				  installation, maintenance, and/or repair of storm water controls (including
				  pollution prevention measures);
b. Personnel responsible for the application and storage of
				  chemicals (if applicable);
c. Personnel who are responsible for conducting inspections
				  as required in Part 4.1.1; and
d. Personnel who are responsible for taking corrective
				  actions as required in Part 5.
Notes:
(1) If the person requiring training is a new employee, who
				  starts after the permittee commences earth-disturbing or pollutant-generating
				  activities, the permittee shall ensure that this person has the proper
				  understanding as required above prior to assuming particular responsibilities
				  related to compliance with this permit.
(2) For emergency-related construction activities, the
				  requirement to train personnel prior to commencement of earth-disturbing
				  activities does not apply, however, such personnel must have the required
				  training prior to NOI submission.
7.2.13.2.
The permittee is responsible for ensuring that all activities
				  on the site comply with the requirements of this permit. The permittee is not
				  required to provide or document formal training for subcontractors or other
				  outside service providers, but must ensure that such personnel understand any
				  requirements of the permit that may be affected by the work they are
				  subcontracted to perform.
At a minimum, personnel must be trained to understand the
				  following if related to the scope of their job duties (e.g., only personnel
				  responsible for conducting inspections need to understand how to conduct
				  inspections):
a. The location of all storm water controls on the site
				  required by this permit, and how they are to be maintained;
b. The proper procedures to follow with respect to the
				  permit's pollution prevention requirements; and
c. When and how to conduct inspections, record applicable
				  findings, and take corrective actions.
7.2.14. Documentation of compliance with Safe Drinking Water
				  Act Underground Injection Control (UIC) requirements for certain subsurface
				  storm water controls.
If using any of the following storm water controls at the
				  site, as they are described below, the permittee must document any contact with
				  the department's Safe Drinking Water Branch for implementing the requirements
				  for underground injection wells in the Safe Drinking Water Act and EPA's
				  implementing regulations at 40 CFR Parts 144 -147. Such controls would
				  generally be considered Class V UIC wells:
a. Infiltration trenches (if storm water is directed to any
				  bored, drilled, driven shaft or dug hole that is deeper than its widest surface
				  dimension/ or has a subsurface fluid distribution system);
b. Commercially manufactured precast or pre-built proprietary
				  subsurface detention vaults, chambers, or other devices designed to capture and
				  infiltrate storm water flow; and
c. Drywells, seepage pits, or improved sinkholes (if storm
				  water is directed to any bored, drilled, driven shaft or dug hole that is
				  deeper than its widest surface dimension, or has a subsurface fluid
				  distribution system).
7.2.15. Information to be included in the SWPPP prior to the
				  start of construction activities.
7.2.15.1. Contractor information.
The following contractor (general and subcontractors)
				  information shall be included in the SWPPP: legal name, street address/ contact
				  person's name and position title, telephone number, and email address.
7.2.15.2. Other state, federal, or county permits.
The following are required to be included in the SWPPP prior
				  to the start of construction activities, if applicable:
a. Copy of the drainage system owner's approval allowing the
				  discharge to enter their drainage system;
b. Copy of the county-approved grading permit;
c. Copy of the department of the army permit and section 401
				  water quality certification; and
d. A list of other permits.
7.2.16. Any other information as requested by the
				  director.
7.2.17. SWPPP certification.
The certifying person or duly authorized representative must
				  certify, sign, and date the SWPPP in accordance with section 15 of appendix A,
				  chapter
				  11-55.
7.2.18. Post-authorization additions to the SWPPP.
After the issuance of the NGPC the permittee shall include
				  the following documents as part of the SWPPP:
a. A copy of the NOI submitted to the department along with
				  any correspondence exchanged between the permittee and the department related
				  to coverage under this permit;
b. A copy of the NGPC and all attachments included with the
				  NGPC (an electronic copy easily available to the storm water team is also
				  acceptable).
7.3. On-site availability of the SWPPP.
The permittee is required to keep a current hard or
				  electronic copy of the SWPPP at the site or at an easily accessible location so
				  that it can be made available at the time of an on-site inspection or upon
				  request by the department; EPA; or local agency approving storm water
				  management plans; the operator of a storm water drainage system receiving
				  discharges from the site; or representatives of the U.S. Fish and Wildlife
				  Service (USFWS) or the National Marine Fisheries Service (NMFS).
The department may provide access to portions of the SWPPP to
				  a member of the public upon request. Confidential Business Information (CBI)
				  will be withheld from the public, but may not be withheld from EPA, USFWS, or
				  NMFS.
Note: Information covered by a claim of confidentiality will
				  be disclosed by the department only to the extent of, and by means of, the
				  procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted
				  information protected by a business confidentiality claim may be disclosed to
				  other employees, officers, or authorized representatives of the United States
				  concerned with implementing the CWA, The authorized representatives, including
				  employees of other executive branch agencies, may review CBI during the course
				  of reviewing draft regulations,
If an onsite location is unavailable to keep the SWPPP when
				  no personnel are present, notice of the plan's location must be posted near the
				  main entrance of the construction site.
7.4. Required SWPPP modifications.
7.4.1. List of conditions requiring SWPPP
				  modification.
The permittee shall modify the SWPPP, including the site
				  map(s), in response to any of the following conditions:
7.4.1.1.
Whenever new contractors become active in construction
				  activities on the site, or changes are made to the construction plans, storm
				  water control measures, pollution prevention measures, or other activities at
				  the site that are no longer accurately reflected in the SWPPP. This includes
				  changes made in response to corrective actions triggered under section
				  10;
7.4.1.2.
To reflect areas on the site map where operational control
				  has been transferred (and the date of transfer) since initiating permit
				  coverage;
7.4.1.3.
If inspections or investigations by site staff, or by local,
				  state, or federal officials determine that SWPPP modifications are necessary
				  for compliance with this permit;
7.4.1.4.
Where the department determines it is necessary to impose
				  additional requirements on the discharge, the following must be included in the
				  SWPPP:
a. A copy of any correspondence describing such requirements;
				  and
b. A description of the storm water control measures that
				  will be used to meet such requirements.
7.4.1.5.
To reflect any revisions to applicable federal, state, and
				  local requirements that affect the storm water control measures implemented at
				  the site.
7.4.2. Deadlines for SWPPP modifications.
The permittee shall complete required revisions to the SWPPP
				  within 7 calendar days following the occurrence of any of the conditions listed
				  in section 7.4.1.
7.4.3. SWPPP modification records.
The permittee shall maintain records showing the dates of all
				  SWPPP modifications. The records must include a signature of the person
				  authorizing each change (see section 7.2.17. above), date, and a brief summary
				  of all changes.
7.4.4. Certification requirements.
All modifications made to the SWPPP consistent with section
				  7.4. must be certified, signed, and dated by the Certifying Person that meets
				  the requirements in section 15 of appendix A, chapter
				  11-55 or the duly authorized
				  representative that meets the requirements of
				  11-55-07(b).
7.4.5. Required notice to other contractors.
Upon determining that a modification to the SWPPP is
				  required, if there are multiple contractors covered under this permit, the
				  permittee shall immediately notify any contractors who may be impacted by the
				  change to the SWPPP.
8. Implementation of the Storm Water Pollution Prevention
				  Plan (SWPPP)
8.1.
The permittee shall design, operate, implement, and maintain
				  the SWPPP to ensure that storm water discharges associated with construction
				  activities will not cause or contribute to a violation of applicable state
				  water quality standards.
8.2.
The permittee shall implement the SWPPP to improve the
				  quality of storm water discharges or when instructed by the director.
9. Inspections
9.1 Site Inspections
The permittee shall inspect the receiving state waters, storm
				  water runoff 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
				  in accordance with this section. (e.g., the permittee shall look at storm water
				  discharges 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.) The permittee
				  must inspect the receiving state waters only when there is a discharge from the
				  project site or there is a potential for downstream erosion. If the discharge
				  enters an MS4 or separate drainage system prior to the receiving state water,
				  then the permittee may inspect their discharge where it enters the drainage
				  system rather than at the receiving water. When effluent commingles with
				  offsite water or pollutant sources prior to discharging to the receiving water
				  or separate drainage system, in lieu of inspecting the receiving water or where
				  it enters the drainage system, the permittee may inspect the effluent at a
				  location representative of the discharge quality prior to commingling. The
				  permittee is not required to inspect areas that, at the time of the inspection,
				  are considered unsafe to inspection personnel, if the unsafe conditions have
				  been documented.
9.1.1. Person(s) responsible for inspecting site.
The person(s) inspecting the site may be a person on staff or
				  a third party hired to conduct such inspections. The permittee is responsible
				  for ensuring that the person who conducts inspections is a "qualified
				  person."
Note: A "qualified person" is a person knowledgeable in the
				  principles and practice of erosion and sediment controls and pollution
				  prevention, who possesses the skills to assess conditions at the construction
				  site that could impact storm water quality, and the skills to assess the
				  effectiveness of any storm water controls selected and installed to meet the
				  requirements of this permit.
9.1.2. Frequency of Inspections.
At a minimum, the permittee shall conduct a site inspection
				  in accordance with one of the two schedules listed below, unless subject to
				  section 9.1.3. or section 9.1.4.:
a. At least once every 7 calendar days; or
b. Once every 14 calendar days and within 24 hours of the
				  occurrence of a storm event of 0,25 inches or greater. To determine if a storm
				  event of 0.25 inches or greater has occurred on the site, the permittee shall
				  either keep a properly maintained rain gauge on the site, or obtain the storm
				  event information from a weather station that is representative of the
				  location. For any day of rainfall during normal business hours that measures
				  0.25 inches or greater, the permittee shall record the total rainfall measured
				  for that day in accordance with section 9.1.7.1.d.
Note: Inspections are only required during the project's
				  normal working hours.
Note: The permittee is required to specify in the SWPPP which
				  schedule will be followed.
Note: "Within 24 hours of the occurrence of a storm event"
				  means that the permittee is required to conduct an inspection within 24 hours
				  once a storm event has produced 0.25 inches, even if the storm event is still
				  continuing. Thus, if the permittee has elected to inspect bi-weekly in
				  accordance with section 9.1.2.b. and there is a storm event at the site that
				  continues for multiple days, and each day of the storm produces 0.25 inches or
				  more of rain, the permittee is required to conduct an inspection within 24
				  hours of the first day of the storm and within 24 hours after the end of the
				  storm.
9.1.3. Increase in inspection frequency for sites discharging
				  to impaired waters.
For any portion of the site that discharges to an impaired
				  water (see section 6.2.), instead of the inspection frequency specified in
				  section 9.1.2., the permittee shall conduct inspections in accordance with the
				  following inspection frequencies:
a. Once every 7 calendar days; and
b. Within 24 hours of the occurrence of a storm event of 0.25
				  inches or greater. To determine if a storm event of 0.25 inches or greater has
				  occurred on the site, the permittee shall either keep a properly maintained
				  rain gauge on the site, or obtain the storm event information from a weather
				  station that is representative of the location. For any day of rainfall during
				  normal business hours that measures 0.25 inches or greater, the permittee shall
				  record the total rainfall measured for that day in accordance with section
				  9.1.7.1.d.
Note: Inspections are only required during the project's
				  normal working hours.
Note: "Within 24 hours of the occurrence of a storm event"
				  means that the permittee is required to conduct an inspection within 24 hours
				  once a storm event has produced 0.25 inches, even if the storm event is still
				  continuing. Thus, if there is a storm event at the site that continues for
				  multiple days, and each day of the storm produces 0.25 inches or more of rain,
				  the permittee is required to conduct an inspection within 24 hours of the first
				  day of the storm and within 24 hours after the end of the storm.
Note: If the permittee qualifies for any of the reduced
				  inspection frequencies in section 9.1.4., the permittee may conduct inspections
				  in accordance with section 9.1.4. for any portion of the site that discharges
				  to an impaired water.
9.1.4. Reductions in inspection frequency.
For stabilized areas. The permittee may reduce the frequency
				  of inspections to once per month in any area of the site where the
				  stabilization steps in sections 5.2.1.2.1. and 5.2.1.2.2. have been completed.
				  If construction activity resumes in this portion of the site at a later date,
				  the inspection frequency immediately increases to that required in sections
				  9.1.2. or 9.1.3., if applicable. The permittee shall document the beginning and
				  ending dates of this period in the records.
9.1.5. Areas that need to be inspected.
The permittee shall at a minimum inspect the following areas
				  of the site:
a. All areas that have been cleared, graded, or excavated and
				  that have not yet completed stabilization consistent with section 5.2.;
b. All storm water controls (including pollution prevention
				  measures) installed at the site to comply with this permit;
c. Material, waste, borrow, or equipment storage and
				  maintenance areas that are covered by this permit;
d. All areas where storm water typically flows within the
				  site, including drainageways designed to divert, convey, and/or treat storm
				  water;
e. All points of discharge from the site; and
f. All locations where stabilization measures have been
				  implemented.
The permittee is not required to inspect areas that, at the
				  time of the inspection, are considered unsafe to inspection personnel.
9.1.6. Requirements for inspections. During the site
				  inspection, the permittee shall at a minimum:
9.1.6.1.
Check whether all erosion and sediment controls and pollution
				  prevention controls are installed, appear to be operational, and are working as
				  intended to minimize pollutant discharges. Determine if any controls need to be
				  replaced/ repaired/ or maintained in accordance with sections 5.1.1.4. and
				  5.3,2.;
9.1.6.2.
Check for the presence of conditions that could lead to
				  spills/ leaks, or other accumulations of pollutants on the site;
9.1.6.3.
Identify any locations where new or modified storm water
				  controls are necessary to meet the requirements of sections 5 and/or 6;
9.1.6.4,
At points of discharge and, if applicable/ the banks of any
				  state waters flowing within the property boundaries or immediately adjacent to
				  the property, check for signs of visible erosion and sedimentation (i.e.,
				  sediment deposits) that have occurred and are attributable to the discharge;
				  and
9.1.6.5.
Identify any and all incidents of noncompliance
				  observed.
9.1.6.6.
If a discharge is occurring during the inspection, the
				  permittee is required to:
a. Identify all points of the property from which there is a
				  discharge;
b. Observe and document the visual quality of the discharge,
				  and take note of the characteristics of the storm water discharge/ including
				  color, odor, floating, settled, or suspended solids, foam, oil sheen, and other
				  obvious indicators of storm water pollutants; and
c. Document whether the storm water controls are operating
				  effectively, and describe any such controls that are clearly not operating as
				  intended or are in need of maintenance.
9.1.6.7.
Based on the results of the inspection, initiate corrective
				  action under section 10.
9.1.7. Inspection report.
9.1.7.1.
Requirement to Complete Inspection Report. The permittee must
				  complete an inspection report within 48 hours of completing any site
				  inspection. Each inspection report must include the following:
a. The inspection date;
b. Names and titles of personnel making the
				  inspection;
c. A summary of the inspection findings, covering at a
				  minimum the observations made in accordance with section 9.1.6.;
d. If inspecting the site at the frequency specified in
				  section 9.1.2.b., section 9.1.3., or section 9.1.4., and have conducted an
				  inspection because of rainfall measuring 0.25 inches or greater, the permittee
				  shall include the applicable rain gauge or weather station readings that
				  triggered the inspection; and
e. If determined that it is unsafe to inspect a portion of
				  the site, the permittee shall describe the reason to be unsafe and specify the
				  locations that this condition applied to.
9.1.7.2. Signature Requirements.
Each inspection report must be certified and signed in
				  accordance with section 15 of appendix A, chapter
				  11-55 or the duly authorized
				  representative that meets the requirements of
				  11-55-07(b),
9.1.7.3. Recordkeeping Requirements.
The permittee is required to keep a current, copy of all
				  inspection reports at the site or at an easily accessible location, so that it
				  can be made available at the time of an onsite inspection or upon request by
				  the department or EPA.
All inspection reports completed for this section must be
				  retained for at least three years from the date that the permit coverage
				  expires or is terminated.
9,2. Inspection by the department or EPA.
The permittee shall allow the department, EPA, or an
				  authorized representative of the EPA, to conduct the following activities at
				  reasonable times:
a. Enter onto areas of the site, including any construction
				  support activity areas covered by this permit (see Section 5), and onto
				  locations where records are kept under the conditions of this permit;
b. Access and copy any records that must be kept under the
				  conditions of this permit;
c. Inspect the construction site, including any construction
				  support activity areas covered by this permit (see section 5) and any storm
				  water controls installed and maintained at the site; and
d. Sample or monitor for the purpose of ensuring
				  compliance.
10. Corrective Action
The permittee shall immediately stop, reduce, or modify
				  construction, 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.
10.1 "Corrective actions" defined.
Corrective actions are actions taken in compliance with this
				  section to:
a. Repair, modify, or replace any storm water control used at
				  the site;
b. Clean up and properly dispose of spills, releases, or
				  other deposits; or
c. Remedy a permit violation.
10.2. Requirements for taking corrective actions.
The permittee shall complete the following corrective actions
				  in accordance with the deadlines specified in this section. In all
				  circumstances, the permittee shall immediately take all reasonable steps to
				  minimize or prevent the discharge of pollutants until a permanent solution is
				  installed and made operational, including cleaning up any contaminated surfaces
				  so that the material will not discharge in subsequent storm events.
Note: In this context, the term ''immediately" requires
				  construction contractors to, on the same day a condition requiring corrective
				  action is founder take all reasonable steps to minimize or prevent the
				  discharge of pollutants until a permanent solution is installed and made
				  operational» However, if the problem is identified at a time in the work
				  day when it is too late to initiative corrective action, the initiation of
				  corrective action must begin on the following work day.
10.2.1.
For any of the following conditions on the site, the
				  permittee shall install a new or modified control and make it operational, or
				  complete the repair, by no later than 7 calendar days from the time of
				  discovery, If it is infeasible to complete the installation or repair within 7
				  calendar days, the permittee shall document in the records why it is infeasible
				  to complete the installation or repair within the 7 calendar day timeframe and
				  document a schedule for installing the storm water control(s) and making it
				  operational as soon as practicable after the 7-day timeframe.
a. A required storm water control was never installed, was
				  installed incorrectly, or not in accordance with the requirements in sections 5
				  and/or 6; or
b. The permittee becomes aware that the storm water controls
				  installed and being maintained are not effective enough for the discharge to
				  meet applicable water quality standards or applicable requirements in section
				  6,1. In this case, the permittee shall notify the department by the end of the
				  next work day; or
c. One of the prohibited discharges in section 5.3.1. is
				  occurring or has occurred.
10.2.2.
Where corrective actions result in changes to any of the
				  storm water controls or procedures documented in the SWPPP, the permittee shall
				  modify the SWPPP accordingly within 7 calendar days of completing corrective
				  action work.
10.3. Corrective actions required by the department.
The permittee shall comply with any corrective actions
				  required by the department as a result of permit violations found during an
				  inspection carried out under section 9.2.
10.4. Corrective action report.
For each corrective action taken in accordance with this
				  section, the permittee shall complete a corrective action report, which
				  includes the applicable information in sections 10.4.1. and 10.4.2. Note that
				  these reports must be maintained in the permittee's records but do not need to
				  be provided to the department except upon request.
10.4.1.
Within 24 hours of discovering the occurrence of one of the
				  triggering conditions in section 10.2.1. at the site, the permittee shall
				  complete a report of the following:
a. Which condition was identified at the site;
b. The nature of the condition identified; and
c. The date and time of the condition identified and how it
				  was identified.
10.4.2.
Within 7 calendar days of discovering the occurrence of one
				  of the triggering conditions in section 10.2.1. at the site, the permittee
				  shall complete a report of the following:
a. Any follow-up actions taken to review the design,
				  installation, and maintenance of storm water controls, including the dates such
				  actions occurred;
b. A summary of storm water control modifications taken or to
				  be taken, including a schedule of activities necessary to implement changes,
				  and the date the modifications are completed or expected to be completed;
				  and
c. Notice of whether SWPPP modifications are required as a
				  result of the condition identified or corrective action.
10.4.3.
Each corrective action report must be certified and signed in
				  accordance with section 15 of appendix A, chapter
				  11-55 or the duly authorized
				  representative that meets the requirements of
				  11-55-07(b).
10.4.4.
The permittee shall keep a current copy of all corrective
				  action reports at the site or at an easily accessible location, so that it can
				  be made available at the time of an onsite inspection or upon request by the
				  department.
All corrective action reports completed for this Part must be
				  retained for at least three years from the date that the permit coverage
				  expires or is terminated.
11. Notice of Intent requirements
11.1
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 construction activity or thirty days before the expiration
				  date of the applicable notice of general permit coverage.
11.2.
The owner or its duly authorized representative shall include
				  the following information in the notice of intent:
11.2.1.
Information required in section 34 of appendix A of chapter
				  11-55;
11.2.2.
That coverage is being requested as a result of an emergency
				  and meets the eligibility requirements under this permit and information
				  required in section 7.2.3.
11.2.3.
That coverage is being requested for discharge to an impaired
				  water, if applicable;
11.2.4.
Preparation of a SWPPP in accordance with section 7 prior to
				  submitting the NOT;
11.2.5.
Information required in section 7.2.2 - Nature of
				  construction activities.
11,2.6.
Information required in section 7.2.5. - Sequence and
				  estimated dates of construction activities.
11.2.7.
Information required in section 7.2.6. - Site map, except for
				  sections 7.2.6.6. - 7.2.6.8.
11.2.8.
If applicable, army corps of engineers' jurisdictional
				  determination and section 401 water quality certification best management
				  practices plan.
11.2.9.
Agreement to the terms, conditions, and requirements in this
				  general permit and all other applicable State, County, and Federal
				  regulations.
11.3.
The director may require additional information to be
				  submitted.
11.4
The owner or its duly authorized representative shall submit
				  a notice of intent form or forms specified by the CWB.
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/
12. Reporting Requirements
12.1
The permittee shall immediately notify the director of the
				  incident and identify the pollutant(s) source(s) and the proposed and
				  implemented control or mitigative measures as required in section 16 of
				  appendix A of chapter
				  11-55.
12.2
The permittee shall notify the director of the construction
				  start date through the e-Permitting portal within seven (7) calendar days
				  before the start of construction activities. All communication with the
				  department shall include the file number and the certification statement. The
				  notification will only be accepted from the person qualified in accordance with
				  section
				  11-55-34.08(f).
13. Submittal Requirements
13.1
The owner or its duly authorized representative shall prepare
				  a monthly compliance report, which shall include but is not limited to
				  information as required in this general permit and NGPC, any incidences of
				  noncompliance and corrective actions. The monthly compliance report shall be
				  kept on-site and available by the end of the next business day when requested
				  by the department.
13.2
When all construction activities have ceased, the owner shall
				  submit to the department a completed Notice of Cessation. The department shall
				  receive this information within 7 calendar days after the end of the
				  month.
13.3
The owner or its duly authorized representative shall submit
				  signed copies of all 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
13.4
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 ray 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."
13.5
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).
14. Additional Conditions
The director may impose additional conditions under section
				  11-55-34.09(b).
15. Record Retention
The permittee shall retain all records and information
				  resulting from the activities required by this general permit for a minimum of
				  three 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.
16. 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.