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Hawaii Construction Stormwater Permit (6-HI-b)

In Hawaii, the Hawaii Department of Health Clean Water Branch (Clean Water Branch) is responsible for regulating stormwater discharges associated with construction activities in Hawaii pursuant to Haw. Code R. §11-55 (1981). A developer may need a NPDES General Permit if construction activities will disturb one or more acres of soil. Haw. Code R. §11-55-34.02 (1981).

Construction Stormwater Permit Process

6-HI-b.1 — Stormwater Pollution Prevention Plan (SWPPP)

The developer must submit a Stormwater Pollution Prevention Plan (SWPPP) to the Director of the Clean Water Branch. At a minimum, the SWPPP must include:

  • The prohibited practices;
  • Management practices to prevent or reduce pollution of state waters; and
  • Practices to control project site runoff, spillage, leaks, sludge and waste disposal, or drainage from raw material storage areas.
Haw. Code R. §11-55, Appendix G (2013). 

6-HI-b.2 – Notice of Intent (NOI)

A developer must submit a Notice of Intent (NOI) on the forms provided by the Clean Water Branch, the SWPPP, and a $500 filing fee. The developer should submit all pertinent information necessary for the director to establish effluent limitations or best management practices, including:

  • Complete engineering reports;
  • Schedule of progress;
  • Site plans, specifications, maps, measurements, quantitative and qualitative determinations, and records; and
  • Any other related material necessary for the director to make a determination.

6-HI-b.3 to 6-HI-b.4 – Review Notice of Intent for Completeness

The Clean Water Branch reviews the NOI and notifies the developer in writing whether the NOI is complete. The Clean Water Branch may deny a NOI for a general permit if the developer does not respond in writing within thirty days of the notification that the NOI is incomplete.

6-HI-b.5 to 6-HI-b.6 – Is the Activity Covered Under a General Permit

The Clean Water Branch reviews the NOI to determine whether the activity proposed in the NOI is covered under a General Permit or whether the developer must apply for an individual permit for the proposed activity. Any interested person may petition the director under for a declaratory ruling on whether the discharge requires an individual permit or whether a general permit covers the discharge. Haw. Rev. Stat. §91-8, Administrative Procedure (2008). The developer must initiate the Hawaii NPDES Permit Process if the proposed activity requires an individual permit. See: NPDES Permit:

6-HI-b.7 – Notice of General Permit Coverage

The Clean Water Branch will issue a Notice of General Permit Coverage, if they find the proposed activity is covered under a general permit. The Clean Water Branch may impose conditions on a General Permit to ensure the activity or discharge complies with the terms and conditions of the General Permit and to ensure that the activity does not violate state water quality standards. A NOI is limited to a term of less than five years, after which the developer must submit a NOI renewal application.

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