Clean Water Branch

On January 29, 2024, the Department of Health, Clean Water Branch (CWB) re-adopted the National Pollutant Discharge Elimination System (NPDES) general permits contained in the following three (3) Appendices of Hawaii Administrative Rules, Title 11, Chapter 55 (HAR 11-55):

• 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

At that time, the CWB also administratively extended until March 29, 2024, all effective Notices of General Permit Coverage (NGPCs) that were issued under the previous HAR 11-55 Appendices C, J, and L.

IF YOU DO NOT HAVE PERMIT COVERAGE UNDER THE ABOVE THREE (3) NPDES GENERAL PERMITS, THE FOLLOWING INFORMATION DOES NOT PERTAIN TO YOU. NO ACTIONS ARE NECESSARY AT THIS TIME.

No later than March 29, 2024, permittees with administratively extended NGPCs must either:

• Request NPDES permit coverage (under the re-adopted Appendix C, J, or L) by submitting a Renewal Notice of Intent (NOI); or
• Terminate NPDES permit coverage (under the previous Appendix C, J, or L) by submitting a Notice of Cessation (NOC).

To request NPDES permit coverage for discharges occurring after March 29, 2024, permittees must electronically submit a Renewal Notice of Intent (NOI) no later than March 29, 2024. Permit coverage is maintained when a Renewal NOI is electronically submitted no later than March 29, 2024.

To terminate NPDES permit coverage, permittees must permanently cease all discharge activity no later than March 29, 2024, and electronically submit a notice of cessation (NOC) within thirty (30) days after the permanent cessation. Failure to electronically submit a NOC may result in penalties.

IF YOU HAVE ALREADY SUBMITTED A RENEWAL NOI OR NOC, NO ADDITIONAL ACTIONS ARE REQUIRED AT THIS TIME.

AS A REMINDER, THE CWB WILL BE CLOSED ON KUHIO DAY (TUESDAY MARCH 26, 2024) AND GOOD FRIDAY (FRIDAY MARCH 29, 2024).

Permittees can electronically submit Renewal NOIs and NOCs at any time from the Hawaii Environmental Health e-Permitting Portal at:

https://eha-cloud.doh.hawaii.gov/epermit.

Permittees can also access online instructions for submitting Renewal NOIs and NOCs from the following CWB announcement:

https://health.hawaii.gov/cwb/announcements/2024-11-55-cjl-readoption/.

Permittees must electronically submit Renewal NOIs and NOCs on the e-Permitting Portal.

Permittees who cannot submit electronically at the e-Permitting Portal are therefore urged to promptly submit their notarized Electronic Subscriber Agreement (ESA) forms to the CWB at the Waimano Home Road address (2827 Waimano Home Road #225, Pearl City, HI 96782). It can take up to seven (7) calendar days to process an ESA form once it is delivered to the CWB.

Permittees can access online instructions for submitting ESA forms from the following CWB announcement:

https://health.hawaii.gov/cwb/announcements/cwb-announces-new-requirement-for-electronic-signature-approval-for-all-submissions-beginning-january-31-2023/.