Current through February, 2024
(a) The director
may issue an NPDES permit for any period not exceeding five years and may renew
a permit for any additional periods not exceeding five years. The director may
administratively extend the permit until the effective date of the new permit
for discharges that the permit covered prior to expiration. If the director
administratively extends the permit, all permit limitations and conditions
remain in force and effect. Projects that do not submit a renewal NPDES
application prior to the expiration date may not be administratively
extended.
(b) The director shall
issue or renew an NPDES permit on the following basis:
(1) The existing treatment works or waste
outlet is designed, built, and equipped in accordance with:
(A) The best practicable control technology
currently available or the best available technology economically achievable or
the best conventional pollutant control technology for point sources other than
publicly owned treatment works; and
(B) For publicly owned treatment works,
secondary treatment or the best practicable waste treatment technology, so as
to reduce wastes to a minimum;
(2) New treatment works or waste outlets are
designed and built in compliance with the applicable standards of
performance;
(3) The new or
existing treatment works or waste outlet is designed and will be constructed or
modified to operate without causing a violation of applicable rules of the
department;
(4) The new or existing
treatment works or waste outlet will not endanger the maintenance or attainment
of applicable water quality standards;
(5) The facility shall comply with effluent
standards and limitations, water quality standards and other requirements, as
applicable in sections 11-55-19, 11-55-20, and 11-55-22; and
(6) The facility shall comply with sections
11-55-27 through 11-55-32.
(c) NPDES permits at a minimum shall include
conditions and requirements at least as stringent as:
(1) Those conditions contained in sections
11-55-16, 11-55-17, 11-55-23, and
40
CFR §
122.41;
(2) The requirement that the owner or
operator provide the facilities as necessary for monitoring of the authorized
waste discharge into State waters and the effects of the wastes on the
receiving State waters. The monitoring program shall comply with sections
11-55-28 through 11-55-32;
(3) The
requirement of compliance with any applicable effluent standards and
limitations, water quality standards, and other requirements imposed by the
director under sections 11-55-19, 11-55-20, and 11-55-22; and
(4) Conditions requested by the Corps of
Engineers and other government agencies as described in
40
CFR §
124.59.
(d) In permits where more stringent effluent
limitations are included, compliance schedules may be provided in the permits
if the requirements of 11-5521 and
40
CFR 122.2 and
122.47
are met.
(e) In acting upon an
NPDES permit application for an individual permit the director shall deny the
application unless the information submitted shows that the new or existing
treatment works or waste outlet described in the NPDES permit application can,
conditionally or otherwise, meet the conditions of subsection (b) or
(c).
(f) Notwithstanding the
provisions of subsections (a) through (e), the director shall not issue a
permit or grant a modification or variance for any of the following:
(1) Discharge of any radiological or
biological warfare agent, or high-level radioactive waste into State
waters;
(2) Discharge which the
Secretary of the Army, acting through the Chief of Engineers, finds would
substantially impair anchorage and navigation;
(3) Discharge to which the regional
administrator has objected in writing under any right to object provided the
Administrator in Section 402(d) of the Act,
33 U.S.C. §
1342(d);
(4) Discharge from a point source which is in
conflict with a plan or amendment thereto approved under Section 208(b) of the
Act,
33 U.S.C. §
1288(b); or
(5) When prohibited by
40
CFR §
122.4. (g) The issuance of a
permit does not convey any property rights of any sort or any exclusive
privilege. The issuance of a permit does not authorize any injury to persons or
property or invasion of other private rights, or any infringement of state or
local law or regulations.
(h) Within 30 days from the date of issuance
of the NPDES final permit, any interested party who submitted comments during
the public notice period described by
40 CFR §
25.5(b) or submitted
testimony in the public hearing may appeal the NPDES final permit decision
issued under this chapter by filing a request for a contested case hearing, in
accordance with HRS Chapter
91. "Interested" means any person with
'standing" as defined by the Hawaii Constitution, statutes, rules, and Court
decisions. The appeal shall be limited to specific issues raised during the
public comment period or public hearing for the NPDES permit being appealed.
(1) All publication and mailing costs
associated with any public notification of any permit modification during the
appeal shall be paid by the appellant to the appropriate publishing agency or
agencies determined by the director. The appellant shall submit the original
signed affidavit of publication to the department within four weeks of the
publication date. Failure to provide and pay for public notification, as deemed
appropriate by the director, is a basis to deny an appeal.
(2) Any revisions made to the permit during
the appeals process shall comply with HAR 11-5516.
(i) The director may deny applications for a
permit from persons who are respondents in department issued open enforcement
actions associated with water pollution, who fail to make payments as required
by law for permit fees or penalties, or who have a history of violating water
pollution laws such as failing to comply with permit requirements, effluent
limits, or enforcement orders.
