Permitting FAQs

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E-Permitting Portal Electronic Signatures

The Department of Health (DOH), Environmental Health Administration (EHA) e-Permitting Portal received Cross-Media Electronic Reporting (CROMERR) certification by the Environmental Protection Agency (EPA) for Electronic Signature. This allows applicants to submit electronically through the EHA e-Permitting Portal without the need to physically send in an ink signature and CD/DVD. EHA Electronic Signature Forms may only be submitted by an account with electronic signature rights. For more information see:

NPDES and Section 401 WQC applicants and permittees may utilize 1) the existing e-Permitting forms that require an ink signature and a CD/DVD or 2) electronic signature e-Permitting forms. In the future, the DOH will only utilize electronic signature e-Permitting forms and discontinue the hard copy forms. Below is a list of electronic signature e-Permitting forms that are available:

  • Electronic Signature CWB Individual NPDES Form
  • Electronic Signature CWB NOI Form
  • Electronic Signature CWB NOI Form M
  • Electronic Signature “No Exposure” Certification Form
  • Electronic Signature CWB Compliance Submittal Form for Individual NPDES Permits and NGPCs
  • Electronic Signature CWB Individual Section 401 WQC Form
  • Electronic Signature CWB Compliance Submittal Form for Section 401 WQCs
  • Electronic Signature VGP DOH Notification Form

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Signatories to NPDES Forms

NPDES submissions can only be signed by individuals who are either the Certifying Person or the Authorized Representative [as defined in Hawaii Administrative Rules Chapter 11-55-07(a) and 11-55-07(b) respectively] depending on the type of NPDES submission. The Certifying Person may sign any type of NPDES submission, while Authorized Representatives may only sign certain types of NPDES submissions. Click on the link below for a simplified table showing the types of NPDES submissions the Certifying Person and Authorized Representative may sign.

Signatories to NPDES Forms


Transfer of Ownership of Issued Permit Coverages

Permittees may transfer their issued NPDES permit coverage to a new Permittee. When a permit coverage is transferred to a different Permittee, upon the effective date of the transfer of ownership, the new Permittee will be held legally liable and responsible for compliance with the permit coverage for their permitted project/facility.

Common instances where a transfer of ownership is appropriate include but are not limited to:

  • A permitted facility is scheduled to be sold to a new owner or operator (where the operator is the Permittee); or
  • A change in operator of a project/facility when the NPDES permit was issued to the operator of the project/facility.

Please note that the new Permittee must still be either the owner or operator of the project/facility. The new Permittee may not be an unaffiliated third-party with no authority over the operations of a project/facility, as the Permittee will be held legally liable for the project/facility’s compliance with the issued permit coverage.

A transfer of ownership may be done via two ways:

  • Automatic Transfer; or
  • Non-Automatic Transfer.

Automatic Transfer of Ownership

An automatic transfer of ownership is the easiest way to transfer ownership of a permit coverage, as it does not require the submittal of a new NPDES permit application or Notice of Intent (for general permit coverages).

To qualify for an automatic transfer of ownership, the new Permittee must:

  • Submit a request for an automatic transfer of ownership through submittal of a CWB Compliance Submittal Form for Individual NPDES Permits and NGPCs (available on the e-Permitting Portal);
  • Include in the request a written agreement (agreement template provided in the form) between the existing and new Permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them;
  • Submit the request at least 30 days in advance of the proposed transfer date; and
  • Include payment of a $500 filing fee with the request.

Please note that once ownership is transferred, the new Permittee is held legally liable for compliance with the permit coverage. To ensure compliance, the CWB recommends that the new Permittee ensures that:

  • The original or copies of the original NPDES permit application or Notice of Intent are accessible to the new Permittee;
  • The new Permittee is aware of the extent of the permit coverage (i.e., the scope of work or permitted discharges) as the new Permittee can only conduct work/discharge in accordance with what was permitted in the original NPDES permit application or Notice of Intent; and
  • The new Permittee has updated all required NPDES permit documents (such as a Storm Water Pollution Prevention Plan) to reflect the change in ownership.

Non-Automatic Transfer of Ownership

When a Permittee cannot qualify for an automatic transfer of ownership, they must instead:

  • Submit a new individual NPDES permit application or Notice of Intent (for general permit coverages) to request coverage;
  • Specify in the application or Notice of Intent that coverage is being requested for a project/facility that is already permitted, and will now be permitted under a new Permittee;
  • Include in the NPDES permit application or Notice of Intent a signed agreement (agreement template provided in the form) between the existing and new Permittees acknowledging that the project/facility will be covered under a new permit coverage with a new Permittee, and that the existing permit coverage shall be terminated upon issuance of the new permit coverage; and
  • Include the applicable filing fee payment.

Upon issuance of the new permit coverage, the new Permittee shall be held responsible for compliance with the newly issued permit coverage.


NPDES General Permits

Industrial Storm Water General Permit FAQs
Facilities that conduct regulated industrial activities under Title 40 Code of Federal Regulations Section 122.26(b)(14)(i – ix) and (xi) are required to apply for NPDES industrial storm water coverage or receive a Conditional “No Exposure” Exclusion, exempting the facility from industrial storm water permitting requirements. Click on the link below for the December 26, 2021 Industrial Storm Water General Permit FAQs. The FAQs contain information for both potential applicants (such as guidance on determining whether your facility conducts a regulated industrial activity) and current Notice of General Permit Coverage (NGPC) holders (such as answers to frequently asked compliance questions).

January 15, 2022 Industrial Storm Water General Permit FAQs

Construction Storm Water General Permit FAQs
Projects/activities that disturb one (1) acre or more of land, or that are part of a larger common plan of development that will disturb one (1) acre or more of land are required to apply for NPDES construction storm water coverage. Click on the link below for the February 9, 2019 Construction Storm Water General Permit FAQs. The FAQs contain information for both potential applicants (such as guidance on determining whether you need construction storm water NPDES permit coverage) and current Notice of General Permit Coverage (NGPC) holders (such as answers to frequently asked compliance questions).

February 9, 2019 Construction Storm Water General Permit FAQs

Construction Storm Water BMP Procedures

Cooling Water Less than One Million Gallons per Day General Permit FAQs
Facilities that discharge cooling water to State waters must apply for NPDES permit coverage. Facilities that discharge less than one (1) million gallons per day (MGD) of cooling water and do not have cooling water intake structures subject to Section 316(b) of the Clean Water Act may request coverage under this general permit. Click on the link below for the December 26, 2021 Cooling Water Less than One Million Gallons per Day General Permit FAQs. The FAQs contain information for both potential applicants (such as eligibility requirements) and current Notice of General Permit Coverage (NGPC) holders (such as answers to frequently asked compliance questions).

January 15, 2022 Cooling Water Less than One Million Gallons per Day General Permit FAQs

Hydrotesting General Permit FAQs
Projects/activities that discharge hydrotesting waters to State waters must apply for NPDES permit coverage. Hydrotesting waters means water used to test the integrity of a tank or pipeline, water used to flush a tank or pipeline, and effluent used to disinfect a tank or pipeline. Click on the link below for the December 26, 2021 Hydrotesting General Permit FAQs. The FAQs contain information for both potential applicants (such as eligibility requirements) and current Notice of General Permit Coverage (NGPC) holders (such as answers to frequently asked compliance questions).

January 15, 2022 Hydrotesting General Permit FAQs

Dewatering General Permit FAQs
Projects/activities that perform construction dewatering activities that discharge to State surface waters are required to apply for NPDES permit coverage. Click on the link below for the January 15, 2022 Dewatering General Permit FAQs.

January 15, 2022 Dewatering FAQs

Small Municipal Separate Storm Sewer System (MS4) General Permit FAQs
Storm Sewer Systems that are municipally owned and are classified as a “small MS4” under HAR 11-55-01 and are not otherwise exempt from NPDES permitting requirements, must apply for NPDES permit coverage. Click on the link below for the December 26, 2021 Small Municipal Separate Storm Sewer System (MS4) General Permit FAQs. The FAQs contain information for both potential applicants (such as eligibility requirements) and current Notice of General Permit Coverage (NGPC) holders (such as answers to frequently asked compliance questions).

January 15, 2022 Small Municipal Separate Storm Sewer System (MS4) General Permit FAQs

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In Water Work NPDES Permitting Requirements

Certain projects that conduct in-water work may need to have NPDES permit coverage in certain situations. Click on the link below for the In Water Work NPDES Permitting Requirements FAQs. The FAQs contain several example in-water work scenarios and their possible NPDES permitting requirements.

In Water Work NPDES Permitting Requirements FAQs

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