DOH Clean Water Branch Completes Re-adoption of HAR 11-55 Appendices C, J, and L
The Department of Health, Clean Water Branch (CWB) article available here.
The Department of Health, Clean Water Branch (CWB) has completed the rulemaking process for revisions to Hawaii Administrative Rules, Title 11, Chapter 55 (HAR 11-55) and has re-adopted the following National Pollutant Discharge Elimination System (NPDES) general permits contained in HAR 11-55 Appendices C, J, and L:
- Appendix C: Discharges of Storm Water Associated with Construction Activity
- Appendix J: Unintentional Discharges from Recycled Water Systems
- Appendix L: Discharges of Circulation Water from Decorative Ponds or Tanks
The three (3) re-adopted general permits have five-year terms effective January 29, 2024.
The amended rules, fact sheets, and response to comments can be accessed online from the CWB HAR 11-55 page at: https://health.hawaii.gov/cwb/hawaii-administrative-rules-har/har-11-55/.
IF YOU ARE NOT AN EXISTING PERMITTEE UNDER ANY OF THE ABOVE RE-ADOPTED GENERAL PERMITS, NO ACTION IS REQUIRED AT THIS TIME.
RENEWAL INSTRUCTIONS FOR EXISTING PERMITTEES UNDER APPENDICES C, J, AND L
All currently effective Notices of General Permit Coverage (NGPCs) issued under the previous Appendices C, J, and L are now automatically and administratively extended for sixty (60) days beginning January 29, 2024, and ending on March 29, 2024. This means that the extended permit coverage will terminate effective March 29, 2024.
Permittees with effective NGPCs, that were issued under the previous Appendices C, J, and L, and administratively extended, have the following two options:
OPTION 1: MAINTAIN NPDES PERMIT COVERAGE
To maintain NPDES permit coverage for discharges continuing after March 29, 2024, permittees must confirm that their project can comply with the newly re-adopted general permit and electronically submit a Renewal Notice of Intent (NOI) to the CWB no later than March 29, 2024. Permittees who submit a Renewal NOI must comply with the requirements of the expired general permit until the issuance of a new NGPC. Upon issuance of a new NGPC, permittees must then comply with the requirements of the re-adopted general permit.
OPTION 2: DISCONTINUE NPDES PERMIT COVERAGE
To discontinue NPDES permit coverage, permittees must permanently cease all discharge activity no later than March 29, 2024, and electronically submit a notice of cessation (NOC) to the CWB within thirty (30) days after the permanent cessation. The NOC is submitted on the CWB Compliance Submittal form. Failure to submit a NOC may result in penalties.
INSTRUCTIONS FOR NEW PERMIT COVERAGE UNDER APPENDICES C, J, AND L
To request NPDES permit coverage for discharges from new projects, owners must confirm that their project can comply with the newly re-adopted general permit and electronically submit a NOI to the CWB.
The Renewal NOI form, the CWB Compliance Submittal form, and the NOI form are available on the e-Permitting Portal at: https://eha-cloud.doh.hawaii.gov/epermit/. Instructions on how to access the above three (3) forms are found in the post titled CWB Completes Re-Adoption of HAR 11-55 Appendices C, J, and L on the CWB Announcement page at: https://health.hawaii.gov/cwb/category/announcements/. Information about the application process for each general permit is available on the CWB FAQs page at: https://health.hawaii.gov/cwb/permitting-faqs/#NPDES-General-Permits.
If you need guidance for submitting a Renewal NOI to maintain general permit coverage, a NOC to discontinue general permit coverage, or a NOI to request general permit coverage under Appendices C, J, and L, please contact the CWB by phone at (808) 586-4309 or by email at cleanwaterbranch@doh.hawaii.gov. Please forward this message to your clients or project partners who are (or might be) impacted by the above three (3) re-adopted general permits.