Introduction to NPDES Permits

1. Introduction to NPDES Permits

2. Introduction to NPDES Permits • NPDES = National Pollutant Discharge Elimination System. • Permit system required by Section 402 of Clean Water Act. • NPDES permits required for all point source pollutant discharges to State waters and for certain situations involving storm water. • DOH delegated authority by the U.S. Environmental Protection Agency (EPA) to administer the NPDES program in Hawaii. • If you are issued an NPDES permit you are legally obligated to comply per State and Federal law.

3. Introduction to NPDES Permits • Two (2) types of NPDES permits: • Individual NPDES Permits. • NPDES General Permits.

4. Introduction to NPDES Permits • Individual NPDES Permits. • NPDES permit issued to a specific person or organization. • Customized or tailored to the person’s or organization’s activity or facility. • Can only be issued if the person or organization can comply with HAR 11-54, HAR 11-55, and all applicable Federal regulations.

5. Introduction to NPDES Permits • NPDES General Permit. • NPDES General Permit issued as a rule in HAR 11-55. It is not issued to any person or organization. • Authorizes a specific activity and/or discharge. • Contains conditions and requirements. • NPDES General Permit can only be issued in HAR 11-55 after going through the Hawaii administrative rule making process, which includes review by the EPA, various State agencies, public hearing, and approval by the Governor. • Meant to cover any discharger that can meet all conditions and requirements of this already issued permit.

6. Introduction to NPDES Permits How do I know if I can be covered under an NPDES General Permit?

7. Introduction to NPDES Permits • To determine if you can be covered under an NPDES General Permit, you must: • Read the NPDES General Permit to determine every condition and requirement you need to comply with. You need to understand what you are getting yourself into. • Determine if your organization, activity, and/or discharge can comply with every condition and requirement. Only you can make this determination because only you know the capabilities and resources of your organization.

8. Introduction to NPDES Permits • If you are not eligible for coverage under an NPDES General Permit, you may either look into obtaining Individual NPDES Permit coverage or terminating plans to discharge to State waters.

9. Introduction to NPDES Permits • If you determine that you are eligible and can comply with every condition or requirement, you may request to be covered under the already issued NPDES General Permit by submitting a Notice of Intent (NOI). • An NOI is a form that you use to give notice to the DOH that you wish to be covered under the already issued NPDES General Permit, because you can and will comply with every condition and requirement.

10. Introduction to NPDES Permits • The DOH will review the NOI and may issue a Notice of General Permit Coverage (NGPC). • The NGPC is not a permit. It is an authorization to comply with the already issued NPDES General Permit.

11. Introduction to NPDES Permits • If you are issued an NGPC you must comply with all requirements. Non-compliance with any requirement is a violation of the NPDES General Permit. • When you submit the NOI, you are informing DOH that you will comply with all conditions, requirements, and legal obligations associated with the NPDES General Permit. • If you discover that you are not able to comply after the NGPC is issued, you must terminate your NGPC and any discharges to State waters (e.g., pesticide application).