District of Maui
The District of Maui has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The District of Maui is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The District of Maui will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The District of Maui, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The District of Maui has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
3.2.1 Examining Regulatory Issues
A request for a physical connection or permission to discharge surface storm water runoff to the Maui District MS4 is made by submitting two separate forms as follows. For both a connection permit and a discharge permit, the applicant (owner or authorized representative of the owner applying for the permit) shall submit a completed Application for A Private Storm Drain Connection and/or Discharge Permit to the State of Hawaii Highways Division Storm Drain System (see Appendix C.1).
For a connection permit, the applicant shall also complete and submit a Permit for Connection to the State Highways Drainage System (see Appendix C.2). For a discharge permit, the applicant shall also complete and submit a Permit to Discharge into the State Highways Drainage System (see Appendix C.3).
For each connection/discharge location, the applicant is required to submit information on the connection/discharge location, size, type of discharge, flow rate, and a Drainage Report, if applicable. In addition, the applicant is required to indicate whether the subject property or facility (project) generates storm water associated with an “industrial” activity. If so, the applicant must submit analysis of a storm water sample performed by a laboratory acceptable to the State within one year after the date of the connection/discharge. Owners of properties associated with certain types of industrial activities are required by 40 CFR 122.26(c) to obtain NPDES permit/permit coverage for industrial activities, which requires them to monitor storm water discharges that leave their property, regardless of whether the activity or facility directly or indirectly discharges into the Maui District MS4. Those property owners under NPDES coverage for industrial activities are required to report monitoring results directly to HDOH.
If the subject project disturbs one acre or greater, including construction sites less than one acre that are part of a larger common plan of development or sale that would disturb one acre or more, the applicant for a connection permit is also required to submit a permanent BMP plan with the application, including documentation for future maintenance. If a permanent BMP plan is not included, the applicant must submit documentation demonstrating that the project is either exempt from permanent BMP requirements or qualifies for a variance from permanent BMP requirements. (see Section 5.2.1, HDOT Highways Storm Water Permanent Best Management Practices Manual, Section 3—Appendix E.1.A, and HDOT Harbors Post-Construction Stormwater Management in New Development and Redevelopment, Section 1.2—Appendix E.1.B).
Applicants for both connection and discharge permits are required to disclose whether the subject facility, activity or property requires NPDES permit/permit coverage. If so, the applicant must attach a copy of the NPDES permit/permit coverage with the application. If the property does not have an NPDES permit, but Maui District finds based on information contained in the application that the property appears to be engaged in an activity that requires an NPDES permit/permit coverage, the applicant is referred to HDOH for consultation. A Maui District MS4 connection or discharge permit is not issued until either the applicant secures NPDES permit/permit coverage or a determination from HDOH that NPDES coverage is not required.
Maui Storm Water Website