Current through February, 2024
(a) Persons seeking
coverage under a general permit shall submit a notice of intent, except for the
point source discharges from the application of pesticides, if not required
(refer to Appendix M).
(b) A notice
of intent shall:
(1) Be submitted on forms
provided by the director;
(2)
Comply with the notice of intent requirements of the respective general permit;
and
(3) Be accompanied by all
pertinent information which the director may require in order to establish
effluent limitations or best management practices, including, but not limited
to, complete engineering reports, schedule of progress, plans, specifications,
maps, measurements, quantitative and qualitative determinations, records, and
all related materials.
(c) The director may require that all
reports, plans, specifications, and other material submitted to the director be
prepared by a licensed professional engineer.
(d) Material submitted shall be complete and
accurate.
(e) Any notice of intent
form submitted to the director shall be signed in accordance with section
11-55-07(a).
(f) All other reports
or responses to requests for information required by the director shall be
signed in accordance with section 11-55-07(b) .
(g) Any change in the written authorization
submitted to the director under subsection (f) which occurs after the issuance
of a permit shall be reported to the director by submitting a copy of a new
written authorization which meets the requirements of subsections (e) and
(f).
(h) Any person signing a
document under subsections (e) and (f) shall make a certification in accordance
with
40
CFR §
122.22(d).
(i) Each owner or operator who submits a
notice of intent to be covered under the general permit provisions or for
renewal of general permit coverage shall pay a filing fee of $500. This filing
fee shall be submitted with the notice of intent and shall not be refunded nor
applied to any subsequent NPDES individual permit application following final
action denying coverage under the general permit provisions.
(1) When a notice of intent is submitted to
the director for a substantial alteration or addition to the treatment works or
waste outlet and where a general permit authorization has previously been
granted for the treatment works or waste outlet, the owner or operator shall be
assessed the fee of $500;
(2) A new
owner or operator or both of a discharge facility covered by the general permit
provisions shall submit a new notice of intent unless the new owner submits a
notice of automatic transfer that meets
40
CFR §
122.61(b). The
new owner or operator shall be assessed the fee of $500; and
(3) Fees shall be made payable to the 'State
of Hawaii" in the form of a pre-printed check, cashier's check, money order, or
as otherwise specified by the director.
(j) A notice of intent shall be submitted to
the director at least thirty days before the earlier of:
(1) The beginning of any discharge, which is
not covered under Appendix C or except for coverage under Appendix M for a
declared pest emergency situation where the notice of intent shall be submitted
no later than thirty days after beginning the pesticide discharge;
(2) The beginning of any construction
activity which is covered under Appendix C, unless coverage is required for an
emergency-related construction activity where an NOI shall be submitted no
later than thirty calendar days after the start of construction
activities;
(3) The expiration date
of the existing general permit; or
(4) The expiration date of the existing
notice of general permit coverage.
(m) A notice of intent shall be submitted to
the director for:
(1) Any storm water
discharge associated with industrial activity from an existing facility that is
owned or operated by a municipality with a population of less than 100,000 that
is not authorized by a general or individual permit, other than an airport,
power-plant, or uncontrolled sanitary landfill; or
(2) Any discharge from an existing regulated
small municipal separate storm sewer system which is qualified to obtain
coverage under the general permit. A small municipal separate storm sewer
system, including but not limited to systems operated by federal, state, and
local governments, including state departments of transportation, is regulated
when it is located in an urbanized area as determined by the latest decennial
census by the Bureau of the Census. (If the small municipal separate storm
sewer system is not located entirely within an urbanized area, only the portion
that is within the urbanized area is regulated.) Small municipal separate storm
sewer systems located outside of urbanized areas are designated to submit a
notice of intent if the department determines that the storm water discharge
results in or has the potential to result in exceedances of water quality
standards, including impairment of designated uses, or other significant water
quality impacts, including habitat and biological impacts. The notice of intent
shall be submitted within thirty days of notice from the department.
(o) The submittal date is the date the
department receives the notice of intent. The thirty day period includes
weekends and holidays. If the director notifies the owner or operator or its
duly authorized representative that the notice of intent is incomplete, the
thirty day period shall start over upon receipt of the revised notice of
intent. The director may waive this thirty day requirement by notifying the
owner or operator in writing of a notice of general permit coverage before the
thirty days expire.
