RAPID/Roadmap/6-HI-b

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Hawaii Construction Storm Water Permit (6-HI-b)

In Hawaii, a developer may need a NPDES General Permit if construction activities will disturb one or more acres of soil or are part of a large common plan of development that, in total disturbs one or more acres. HAR 11-55-34.02. The Hawaii Department of Health Clean Water Branch regulates storm water discharges and grants NPDES General Permits under Section 402 of the Clean Water Act (33 U.S.C. 1251 et seq.) and Hawaii Administrative Rules 11-55.


Construction Storm Water Permit Process

6-HI-b.1 – Notice of Intent and Associated Documents

Developers seeking coverage under a general permit must submit a Notice of Intent on the forms provided by the Hawaii Department of Health Clean Water Branch (DOH), a DOH Site-Specific Construction Best Management Practice (SSCMBP) Plan Template and a $500 filing fee. The developer should submit all pertinent information necessary for the director to establish effluent limitations or best management practices, including:

  • Complete engineering reports
  • Schedule of progress
  • Site plans, specifications, maps, measurements, quantitative and qualitative determinations, and records
  • Any other related material necessary for the director to make a determination

6-HI-b.2 to 6-HI-b.3 – Review Notice of Intent for Completeness

The DOH reviews the Notice of Intent and notifies the developer in writing whether the Notice of Intent is complete. The DOH may deny a Notice of Intent for a general permit if the developer does not respond in writing within thirty days of the notification that the Notice of Intent is incomplete.

6-HI-b.4 to 6-HI-b.5 – Is the Activity Covered Under a General Permit

The DOH reviews the Notice of Intent to determine whether the activity proposed in the Notice of Intent is covered under a General Permit or whether the developer must apply for an individual permit for the proposed activity. Any interested person may petition the director under HRS 91-8 for a declaratory ruling on whether the discharge requires an individual permit or whether a general permit covers the discharge.

The developer must initiate the Hawaii NPDES Permit Process If the proposed activity requires an individual permit.

NPDES Permit:
14-HI-b

6-HI-b.6 – Notice of General Permit Coverage

The DOH will issue a Notice of General Permit Coverage, if after reviewing the complete Notice of Intent, the DOH finds the proposed activity is covered under a general permit. The DOH may impose conditions on a Notice of General Permit to ensure the activity or discharge complies with the terms and conditions of the general permit and to ensure that the activity does not violate state water quality standards. A Notice of General Permit Coverage is limited to a term of less than five years, after which the developer must submit a Notice of Intent renewal application. The Notice of General Permit Coverage is subject to the requirements listed in 11-55-34.04




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