Clean Water Branch

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 National Pollutant Discharge Elimination System (NPDES) general permits contained in HAR 11-55 Appendices C, J, and L. The three (3) re-adopted general permits have five-year terms effective January 29, 2024.

The amended rules, fact sheets, and response to comments are available below and on the CWB HAR 11-55 page at: https://health.hawaii.gov/cwb/hawaii-administrative-rules-har/har-11-55/. 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.

January 29, 2024 Amendments
HAR 11-55 – Water Pollution Control	HAR 11-55 HAR 11-55 Fact Sheet HAR 11-55 and Appendices C, J, L Response to Public Comments
HAR 11-55 Appendix C – NPDES General Permit Authorizing Discharges of Storm Water Associated with Construction Activity	Appendix C Appendix C Fact Sheet
HAR 11-55 Appendix J – NPDES General Permit Authorizing Unintentional Discharges from Recycled Water Systems	Appendix J Appendix J Fact Sheet
HAR 11-55 Appendix L – NPDES General Permit Authorizing Discharges of Circulation Water from Decorative Ponds or Tanks	Appendix L Appendix L Fact Sheet

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.

 The Renewal NOI form is available on the e-Permitting Portal at: https://eha-cloud.doh.hawaii.gov/epermit/. Go to the form finder on the Portal and search for the 2024 Electronic Signature CWB Renewal NOI for Appendices CJL Form.

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.

 The CWB Compliance Submittal form is available on the e-Permitting Portal at: https://eha-cloud.doh.hawaii.gov/epermit/. Go to the form finder on the Portal and search for the Electronic Signature CWB Compliance Submittal Form for Individual NPDES Permits and NGPCs.

 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 NOI form is available on the e-Permitting Portal at: https://eha-cloud.doh.hawaii.gov/epermit/. Go to the form finder on the Portal and search for the Electronic Signature CWB NOI Form.