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