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A.
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Pesticide General Permit (Became Effective October 21, 2012)
Amendments to Hawaii Administrative Rules (HAR), Chapters
11-54 (Water Quality Standards)
and
11-55 (Water Pollution Control)
were adopted and became effective on October 21, 2012. These amendments added a new National Pollutant Discharge Elimination System (NPDES)
General Permit for discharges from the application of pesticides to State waters (HAR, Chapter 11-55, Appendix M) and updated the State’s
Concentrated Animal Feeding Operations requirements.
Responses to the public hearing comments
on these rule changes are available for download.
Note: Amendments to HAR, Chapter 11-54 are pending approval from the U.S. Environmental Protection Agency.
To request coverage under this NPDES General Permit, you must submit the CWB NOI Form M through the e-Permitting Portal and the hard copy certification statement with
$500 filing fee. Please open the
e-Permitting Portal
website and register. After you register, click on the Application Finder tool and locate the
“CWB NOI Form M.” Follow the instructions to complete and submit this form.
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B.
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Expiration of NPDES General Permits (HAR, Chapter 11-55, Appendices B through L)
NPDES General Permit coverage for discharges to State waters (HAR, Chapter 11-55, Appendices B through L) expired at midnight, October 21, 2012.
The Department of Health (DOH), Clean Water Branch (CWB) is currently going through the rule change process to re-adopt these NPDES General Permits.
If you need NPDES permit coverage for any activity or discharge, you are required to submit an NPDES individual permit.
The forms and submittal instructions are available on this website.
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C.
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HAR, Section 11-55-07(b) states: “A person is a duly authorized representative only if: the authorization
specifies either an individual or a position having responsibility for the overall operation of the regulated
facility or activity such as the position of plant manager, superintendent, or position of equivalent
responsibility, or an individual or position having overall responsibility for environmental matters for the
company, (A duly authorized representative may thus be either a named individual or any individual occupying
a named•position.)”
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Based on the requirements above, design consultants may not be considered authorized representatives, unless they also construction managers.
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D.
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The amendments to HAR, Chapter 11-55, Water Pollution Control repealed the requirement for applicants to
submit the National Pollutant Discharge Elimination System permit application or Notice of Intent to the
Department of Land and Natural Resources, State Historic Preservation Division.
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E.
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Classification of the receiving State water may be obtained from the
Water Quality Standards Maps
and are to be used in conjunction with HAR,
Chapter 11-54, Water Quality Standards.
If you have questions on the Water Quality Standards Maps or on the Water Quality Standards you may contact
the Clean Water Branch.
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