Regulatory Framework

The Surface Water Protection Branch’s (SWPB) efforts to reduce nonpoint source pollution have evolved under the guidance of two federal statutes:

In order to achieve its mission and meet CWA Section 319 NPS management requirements, the SWPB implements and updates the Hawaiʻi Nonpoint Source Management Plan. The SWPB works with the State Coastal Zone Management Program to protect coastal waters pursuant to CZARA.

Hawai’i Revised Statutes

Hawai’i Revised Statutes (HRS) Chapters 342D and 342E together provide the foundation for the State’s water quality protection programs. Chapter 342D authorizes the Department of Health to set water quality standards, issue permits, inspect facilities, and enforce actions against unlawful discharges, while Chapter 342E establishes the State’s nonpoint source pollution management program, defining nonpoint source pollution and directing the Department to adopt rules and implement measures to address pollution from diffuse sources.

HRS 342D, Water Pollution
HRS 342E, Nonpoint Source Pollution Management and Control

Hawai’i Administrative Rules

Hawai’i Administrative Rules (HAR), Chapter 11-56 specifies statewide applicability, registration requirements, and compliance procedures for NPS pollution. These rules generally apply to publicly owned entities owning land and conducting activities within any one of the six major categories of NPS pollution. Any persons found to be causing or contributing to NPS pollution as determined by the Department of Health may also be subject to these rules. HAR, Chapter 11-54 sets water quality standards including designated uses, criteria, and antidegradation policies for state surface waters. These standards are used to assess NPS pollution impacts and determine impairments.