Section 11-56-6 - Water pollution prevention plans(a) Any person subject to this chapter as defined in section 11-56-3(a) through (c) must develop, submit, and implement a Water Pollution Prevention Plan, in writing, and in accordance with the requirements contained in this section and in Appendices A through C of this chapter:(1) The Water Pollution Prevention Plan shall be developed and implemented to effectively control nonpoint source pollution from the subject property or activity. Each Water Pollution Prevention Plan must, at a minimum, include: (A) Legal name, street address, contact person's name and position title, telephone number, and email address for the land owner;(B) Ownership status as federal, state, private, public, or other entity;(C) Name, street address, and tax map key number for the location of the activity subject to this chapter, and the contact person's name and position title, telephone number, and email address;(D) As applicable, a listing of all entities other than the land owner or prime operator responsible for the activity associated with a nonpoint source discharge;(E) Brief facility description, including area at the location that generate or transport nonpoint source pollution;(F) Identification of the watershed name and location of State waters which may receive nonpoint source pollution within or from the facility;(G) Description of the type of specific activities that generate the nonpoint source discharge;(H) Description of the authorized management measure identified in chapter 11-56, Appendices A through C, that will be implemented to control nonpoint source pollution at the location;(I) Description of the authorized management practice identified in chapter 11-56, Appendices A through C, that will be implemented to meet each management measure's requirements. For each management practice to be implemented, the following information shall be provided: (i) Name of the practice;(ii) Issuing entity of the practice;(iii) Location (internet address or other) where the practice can be retrieved;(iv) Code number or standard number of the practice, if applicable;(v) Description of the practice;(vi) Location the practice will be implemented; and(vii) Description of how the practice meets the requirements of the management measure.(J) Implementation schedule of the applicable management measures and management practice;(K) Long-term operation and maintenance schedule that provides for inspection of management practices, including the repair, replacement, or other routine maintenance of the management practices to ensure proper function and operation;(L) A monitoring strategy consistent with section 11-56-6(a)(2);(M) Description of any other plan required by federal, State, or local regulatory agencies that is being implemented to control nonpoint source pollution; and (N) The following certification signed in accordance with section 11-56-18: "I certify that this Water Pollution Prevention Plan and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly developed this Water Pollution Prevention Plan in accordance with the requirements of chapter 11-56. I am familiar with the content of this Water Pollution Prevention Plan and agree to implement it as developed and submitted to the department. I will maintain a copy of this Water Pollution Prevention Plan on-site or at a nearby office so as to be available at all times to operations personnel. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for violations."
(2) A monitoring strategy shall be included as a component of the Water Pollution Prevention Plan to determine whether the required management measures are being properly implemented and maintained, and whether the management measures are effective in reducing and controlling nonpoint source pollution at the location specified in the Water Pollution Prevention Plan. A monitoring strategy shall include the following, as applicable:(A) Routine periodic visual monitoring and inspection of management measures;(B) Routine periodic visual monitoring and inspection of State waters affected by the nonpoint source pollution from the facility;(C) Water quality monitoring of nonpoint source discharges from the facility;(D) Water quality monitoring of State waters affected by the nonpoint source pollution from the facility; or(E) Other monitoring methods and activities, as deemed necessary.(3) If the monitoring strategy is found to be inadequate for determining whether the required management measures are being properly implemented and maintained and whether the management measures are effective in reducing and controlling nonpoint source pollution at the location specified in the Water Pollution Prevention Plan, the director may specify monitoring requirements that shall be implemented. Inadequate or ineffective monitoring strategies cannot be used as a defense in any enforcement action specified in section 11-56-12 for violations of this chapter.(4) If a submitted Water Pollution Prevention Plan is found to be incomplete or otherwise deficient, the director may require additional information. Submission of missing information or information to correct identified deficiencies shall be in accordance with the schedule specified by the director. Delays in Water Pollution Prevention Plan implementation due to incomplete or deficient Water Pollution Prevention Plans does not relieve entities from enforcement and penalties specified in section 11-56-12 for violations of this chapter.(5) As necessary, the director may require persons to revise a Water Pollution Prevention Plan to include additional management measures or controls to ensure protection of State waters from nonpoint source pollution, including consistency with:(A) Department-approved watershed plans;(B) Approved TMDLs and associated load allocations;(C) Watershed restoration and protection projects funded under Clean Water Act Section 319 (h);(D) Approved water quality trades;(E) Supplemental environmental projects;(F) Approved Spill Prevention, Control, and Countermeasure Plans under 40 CFR Part 112; or(G) Other requirements needed to protect or restore State waters.(6) Persons may submit an existing management plan to the department in lieu of a Water Pollution Prevention Plan, subject to the following provisions:(A) A plan submitted in lieu of a Water Pollution Prevention Plan shall be considered equivalent to a Water Pollution Prevention Plan, provided the submitted and implemented plan meets the objective of a Water Pollution Prevention Plan detailed in this chapter; and(B) A plan submitted in lieu of a Water Pollution Prevention Plan is not considered equivalent to a Water Pollution Prevention Plan unless reviewed and accepted by the director in accordance with section 11-56-6.(7) Water Pollution Prevention Plans shall be developed, submitted to the department, and implemented within the following timeframes: (A) For existing facilities, within 12 months from the date of publication of this chapter; and(B) For new facilities, within thirty days prior to initiation of operations or commencing activities.(8) The director may authorize an extension of time for the development and implementation of a Water Pollution Prevention Plan beyond the time permitted for the development and implementation of the Water Pollution Prevention Plan under this section, when persons cannot fully comply with the requirements. Persons seeking an extension of time must submit a written extension request to the director on or before the deadline for developing and implementing a Water Pollution Prevention Plan for the regulated facility. The extension request must include: (A) A full explanation of the cause for any such delay and the specific aspects of the Water Pollution Prevention Plan affected by the delay;(B) A full discussion of actions being taken or contemplated to minimize or mitigate such delay;(C) A proposed time schedule for the implementation of any corrective actions being taken or contemplated, including interim dates for procurement, installation and operation of any necessary equipment, or other management measures;(D) Additional information to support evaluation of an extension request, if requested by the director; and(E) Additional written statements in support of the extension request are recommended. Subsequent to review of an extension request, the director will notify the requester in writing of a decision to authorize or deny the request for extension. If authorized, the director's written authorization will specify the specific extension of time granted. If denied, the notification will indicate the basis for the denial.
(9) Water Pollution Prevention Plans shall be amended when there is a substantial change in activity, facility design, construction, operation, or maintenance that materially affects a regulated facility's potential for causing or contributing to nonpoint source pollution. An amendment made under this subsection must be prepared and submitted to the department within thirty days after the change that compels the amendment. The amended Water Pollution Prevention Plan shall be implemented as soon as possible, but not later than thirty days following the submission of the amendment to the department.(b) The director shall make available to the public for inspection copies of Water Pollution Prevention Plans, Nonpoint Source Orders, and associated documents submitted in accordance with the requirements of this chapter. Release of information to the public under this subsection shall be done in accordance with the provisions in section 11-56-10.[Eff 6/25/2021] (Auth: HRS §§ 342D-4, 342D-5, 342E-2, 342E-3; 33 U.S.C. §§ 1251, 1329, 1370) (Imp: HRS §§ 342E-2, 342E-3)