Section 11-55-34.05 - Requiring an individual permit(a) Notwithstanding the provisions of a general permit, the director may require any person covered by a general permit to apply for and obtain an individual permit- Cases where an individual permit may be required include, but are not limited to, the following:(1) The discharger or "treatment works treating domestic sewage" is not in compliance with the conditions of the general permit;(2) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or treatment works treating domestic sewage;(3) Effluent limitation guidelines are promulgated for point sources covered by the general permit;(4) A water quality management plan containing requirements applicable to the point sources is approved;(5) Circumstances have changed since the time of the request to be covered so that the permittee is no longer appropriately controlled under the general permit or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;(6) Standards for sewage sludge use or disposal have been promulgated for the sludge use and disposal practice covered by the general permit; or(7) The discharge(s) is a significant contributor of pollutants to State waters. In making this determination, the director may consider the following factors: (A) The location of the discharge with respect to State waters; (B) The size of the discharge;(C) The quantity and nature of the pollutants discharged to the State waters; and(D) Other relevant factors.(b) The director may require any owner or operator authorized by a general permit to apply for an individual NPDES permit as provided in section 11-55-34.05(a), only if the owner or operator has been notified in writing that a permit application is required. This notice shall include a brief statement of the reasons for this decision, application information, a statement setting a time for the owner or operator to file the application, and a statement that on the effective date of the individual NPDES the general permit as it applies to the individual permittee shall automatically terminate, unless coverage under a general permit had already been terminated by the director in accordance with 11-5534.11. The director may grant additional time upon request of the applicant.(c) Any owner or operator covered by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application with reasons supporting the request to the director.(d) When an individual permit is issued to an owner or operator otherwise covered by a general permit, the coverage of the general permit to the individual permittee is automatically terminated on the effective date of the individual permit.(e) A source excluded from a general permit solely because it already has an individual permit may request that the individual permit be revoked and that it be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.(f) The director may require any activity and/or discharge that has commenced prior to obtaining the required coverage under a general permit to apply for an individual NPDES permit. For construction activities which have commenced prior to obtaining general permit coverage, restoration of the site to preconstruction conditions may re-qualify it for coverage under the general permit. Haw. Code R. § 11-55-34.05
[Eff and comp 10/29/92; Eff and comp 09/23/96; am and comp 09/22/97; comp 01/06/01; comp 11/07/02; comp 08/01/05; comp 10/22/07; comp 6/15/09; comp 10/21/12; am and comp 12/6/13; am and comp 11/15/2014 ] (Auth: HRS §§ 342D-4, 342D-5; 33 U.S.C. §31342, 1370, 1251 - 1387; 40 CFR §122.28 ) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-50; 33 U.S.C. §§1311, 1342, 1370, 1251 - 1387; 40 CFR Parts 122; 123; 124; 125; §122.28(b) (3), 123.25 (a) (11))