Clean Water Branch

NOTICE OF PUBLIC HEARING ON
PROPOSED HAWAII ADMINISTRATIVE RULES (HAR)
CHAPTERS 11-53, 11-54, 11-55, AND 11-56
DEPARTMENT OF HEALTH
STATE OF HAWAII

DOCKET NO. CWB-1-21

The Department of Health (DOH), Clean Water Branch (CWB) will receive written comments and hold a public hearing on proposed new HAR Chapter 11-53 (Section 401 Water Quality Certification), proposed amendments to HAR Chapter 11-54 (Water Quality Standards), proposed amendments to HAR Chapter 11-55 (Water Pollution Control), and proposed new HAR Chapter 11-56 (Nonpoint Source Pollution Control). Below are copies of the proposed new rules and rule amendments:

• HAR 11-53 Proposed Rules for 401 Water Quality Certifications
• HAR 11-53 Fact Sheet for 401 Water Quality Certifications
• HAR 11-54 Proposed Rule Amendments for Water Quality Standards
• HAR 11-54 Human Health Criteria Fact Sheet
• HAR 11-54 Site-Specific Flexibilities Fact Sheet
• HAR 11-55 Proposed Rule Amendments for Water Pollution Control
• HAR 11-55 Fact Sheet for Water Pollution Control
• HAR 11-56 Proposed Rules for Nonpoint Source Pollution Control
• HAR 11-56 Fact Sheet for Nonpoint Source Pollution Control

If you have any issues opening the above PDF files, please try using a different browser. If you continue to experience any difficulties, please contact the Clean Water Branch at [email protected] for assistance. The files can also be accessed here.

Written comments will be accepted until 4:30 p.m. on Monday, February 1, 2021, through e-mail at: [email protected] or through postal mail at P.O. Box 3378, Honolulu, HI 96801-3378.

The DOH will hold a virtual public hearing so that interested parties may orally convey their comments or summary of written comments. Although not required, the DOH strongly encourages and requests comments to be submitted in writing. The DOH will limit oral comments to three (3) minutes per commenter so each commenter has an opportunity to present their views. The virtual public hearing will be held at 9:00 a.m. on Monday, February 1, 2021.

Please register to participate or listen to this virtual public hearing: https://zoom.us/webinar/register/WN_XtdoRegdTkW7IBQmtnLwyQ. After registering, you will receive a confirmation email containing information about joining the virtual public hearing. During the virtual public hearing, you will be informed when to provide your oral comments.

For more information or if you have special needs due to disability, please contact Mr. Darryl Lum of the CWB at the above e-mail address or at (808) 586‑4309 (voice), at least seven (7) business days before the scheduled hearing. For those who use a TTY/TDD, please call through Verizon Hawaii Telephone Relay Service, at 1 711 or 1-877-447‑5991.

COVID-19

In accordance with the State’s efforts to slow the spread of COVID-19, effective July 1, 2020 the Clean Water Branch (CWB) will continue to no longer conduct in-person meetings. If you or your organization would like to request a meeting with CWB staff, please contact us at (808) 586‑4309 during normal business hours (Monday – Friday, 7:45 a.m. – 4:15 p.m., excluding holidays) or at [email protected] to schedule an online meeting.

The CWB asks that the public minimizes any other in-person visits to our office as much as possible. If you can conduct your business over the phone or through email, please do not visit the building. Due to COVID-19, our building has the following requirements regarding visitors:

• DO NOT VISIT IF YOU ARE EXPERIENCING THE FOLLOWING:

• Fever;
• Cough;
• Shortness of breath;
• Feeling ill; or
• Other respiratory illness.
• DO NOT VISIT IF:

• You have traveled outside of Hawaii in the past 14 days; or
• You have had close, prolonged contact with a person who has or is suspected to have coronavirus.
• You must wear a mask at all times while inside the building.
• You must practice social distancing when inside the building as much as possible. 6 feet of distance between yourself and others is recommended.

As the situation regarding COVID-19 continues to evolve, the above procedures may change.

The CWB thanks you for your cooperation and understanding during these times.

Proposed Blanket Section 401 Water Quality Certification (WQC1092)

The Clean Water Branch is providing public notice of a proposed Blanket Section 401 Water Quality Certification (WQC1092) for the renewed 2020 United States Army Corps of Engineers (USACE) Nationwide Permits (NWPs). A public notice was posted in the Maui News on September 23, 2020 and in the Star Advertiser, Garden Island, West Hawaii Today, and Hawaii Tribune Herald on September 24, 2020. The Department of Health, Clean Water Branch is soliciting comments on the proposed WQC1092 for a period of 30 calendar days from September 24, 2020. Persons wishing to comment on the proposed WQC1092 or to request a public hearing, should submit their comments or requests in writing no later than 30 calendar days after the date of the notice, either through e-mail at: [email protected] or mailed to our office at 2827 Waimano Home Road #225, Pearl City, Hawaii 96782.

All written comments and request received on time will be considered. If DOH determines that there is significant public interest, a public hearing may be held after at least 30 calendar days of public notice. If DOH’s position is substantially unchanged after considering all timely written comments and all comments at any public hearing that may be held, then the DOH will issue the proposed WQC1092 and this action will be final. Please notify anyone you know who would be interested in this matter.

Please view the proposed WQC1092 and a copy of the public notice by clicking here.

Final Individual Permits

Due to database restrictions, as of late 2018, the Clean Water Branch (CWB) has been unable to upload final individual permit documents to the Water Pollution Control (WPC) database. Due to this, the public WPC viewer does not have the most current final individual permit documents. The CWB will now begin uploading final individual permit documents from late 2018 and later to the CWB website. See the Final Individual Permits page for access to these documents.

Any interested party who submitted comments during the public notice period or submitted testimony during the public hearing may request a contested case hearing. Requests may be mailed to the Director of Health, 1250 Punchbowl Street, Honolulu, Hawaii 96813. The requirements for requesting a contested case are found in Hawaii Administrative Rules, Chapter 11-1. A copy of these rules is available at https://health.hawaii.gov/opppd/files/2015/06/11-1.pdf. Requests must include the requester’s first and last name, mailing address, email, and phone number. The Director of Health will accept requests for a contested case hearing no later than August 9, 2019, by the close of business at 4:30 p.m.

To view the revised public hearing notice, the draft permit and rationale, the renewal application, and/or the original application please go to Public Notices and Updates.

• Current CWB phone numbers and employee email addresses remain unchanged.  The CWB no longer uses a fax, however, emails to [email protected] will suffice for communication if a fax was previously required.
• A guard is posted at the front gate of the Waimano Home Road facility, and, to gain access, guests may be required to show proper identification and/or inform the guard of the name and address of the agency they are visiting.

Please pardon any inconveniences due to our move. Your patience is truly appreciated! Any questions, please give us a call at (808) 586‑4309.

The Hawaii Department of Health’s Clean Water Branch is proud to announce that we have launched a new water quality alert notification system with user-friendly features to keep the community updated about our beaches throughout our islands.

To receive email alert notifications, click on “Current Water Quality Advisories” in red text at the right side of this webpage and click the “Subscribe” button at the top of the viewer page and enter your email address.

If you have any questions, please contact us at: [email protected].

The WPC Viewer offers quick and easy access to NPDES permits/WQC/documents, inspections, and enforcement actions.  All non-confidential NPDES and Section 401 WQC documents, applications, correspondence, fact sheets, rationales, final permits/certifications, completed inspections, and enforcement actions can be viewed and downloaded through the WPC Viewer website.  You can search for records by typing the permit number, facility name, or facility location in the search field; clicking on the link to the record; and pressing the Permit Information button.  Alternatively, you can zoom into the map and locate the facility you are interested in.  Note: Once you’ve found your desired facility/project, an easy way to locate documents in the WPC Viewer is to press “CTRL+F” and type a keyword.  For example, if you are looking for an issued NPDES permit, press “CTRL+F” and type “fnl”.  If you are looking for the fact sheets or rationales, press “CTRL+F” and type “fact sheet” or “rationale”.