Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 56 - NONPOINT SOURCE POLLUTION CONTROL
Section 11-56-5 - Registry requirements
Current through February, 2024
(a) All persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall register with the department. The purpose of the registration is to notify the department of person (s) subject to this regulation and that a Water Pollution Prevention Plan under section 11-56-6 is required for the activity responsible for causing or contributing to nonpoint source pollution.
(b) It is the responsibility of the owner of the parcel or operator of the activity associated with the nonpoint source discharge to register with the department.
(c) At a minimum, registration shall include the following:
(d) A registration is not complete until the necessary information and requirements under section 11-56-5(c) have been satisfied. If a submitted registration is found to be incomplete or otherwise deficient, the director will require additional information. Submission of missing information or information to correct identified deficiencies shall be in accordance with the schedule specified by the director. Delays in completing the registration do not relieve entities from enforcement and penalties specified in section 11-56-12 for violations of this chapter.
(e) Deadlines for registration with the department are as follows:
(f) A person submitting a registration shall submit a filing fee of $500. This filing fee shall be submitted with the registration and shall not be refunded. 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.
(g) The owner or their duly authorized representative shall submit a complete registration to the director at the following address or as otherwise specified:
Director of Health
Surface Water Protection Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, Hawaii 96801-3378
(h) Registrations submitted in accordance with this chapter expire five years from the date of submission to the department. Prior to registration expiration, all persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall renew their registration with the department no later than thirty days prior to the expiration of their existing registration. The submittal date is the date the department receives the registration. The thirty day period includes weekends and holidays.
"I certify that this renewal registration was prepared under my direction or supervision. I am familiar with the content of this registration and am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for violations."
(i) Persons that wish to terminate their registration must notify the director in writing within thirty days following the cessation of activity associated with the nonpoint source discharge. The notification of termination shall describe the steps taken to ensure that the discharge of pollutants from the activity associated with the nonpoint source is eliminated and that any further discharges from the site will not pose an unacceptable threat to human health, the quality of State waters, and the environment. If the director determines that the steps taken are not adequate, the director may take enforcement action, including imposition of penalties.
(j) A registration submitted in accordance with this chapter may be transferred to a new owner. The current owner shall notify the department in writing at least thirty days in advance of the proposed transfer date. The notice of transfer shall include the following:
The director shall notify the current owner and the proposed new owner of the intent to deny the transfer. If a transfer is denied, then the new owner of the parcel associated with the nonpoint source discharge shall register with the department in accordance with section 11-56-5(a) through (g) of this chapter.
(k) The director shall make available to the public for inspection copies of registrations submitted in accordance with this chapter. Release of information to the public under this subsection shall be done in accordance with the provisions in section 11-56-10.