Section 11-55-19 - Application of effluent standards and limitations, water quality standards, and other requirements(a) NPDES permits shall apply and ensure compliance with the following whenever applicable: (1) Effluent limitations under Sections 301 and 302 of the Act, 33 U.S.C. §§ 1311 and 1312;(2) Standards of performance for new sources;(3) Effluent standards, effluent prohibitions, and pretreatment standards under Section 307 of the Act, 33 U.S.C. § 1317;(4) More stringent limitation, including those: (A) Necessary to meet water quality standards, treatment standards, or schedules of compliance, established under any state law or rules (under authority preserved by Section 510 of the Act, 33 U.S.C. § 1370); or(B) Necessary to meet any other federal law or regulations including, but not limited to: (i) Toxic pollutant effluent standards in 40 CFR Part 129 ;(ii) Secondary treatment regulation in 40 CFR Part 133 ;(iii) Effluent guidelines and standards in 40 CFR Chapter I, subchapter N, Parts 400 to 471;(iv) Criteria and standards in 40 CFR Part 125, Subparts A, B, C, D, H, I, J, K, and M; (v) Standards for sludge handling in 40 CFR § 122.44(b)(2), 40 CFR Part 503 and state rules; and(vi) Nutrient management requirements and technical standards for concentrated animal feeding operations in 40 CFR § 123.36, 40 CFR §122.42, and 40 CFR Part 412 ; or (C) Required to implement any applicable water quality standards; the limitations to include any legally applicable requirements necessary to implement total maximum daily loads established under Section 303(d) of the Act, 33 U.S.C. § 1313(d), or incorporated in the continuing planning process approved under Section 303(e) of the Act, 33 U.S.C. § 1313(e), and any regulations and guidelines issued pursuant thereto;(5) More stringent legally applicable requirements necessary to comply with a plan approved under Section 208(b) of the Act, 33 U.S.C. § 1288(b);(6) Prior to promulgation by the Administrator of applicable effluent standards and limitations under Sections 301, 302, 306, and 307 of the Act, 33 U.S.C. §§ 1311, 1312, 1316, and 1317, the conditions, as the director determines are necessary to carry out the provisions of the Act; and(7) If the NPDES permit is for the discharge of pollutants into the State waters from a vessel or other floating craft, any applicable regulations promulgated by the secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants;(8) Other requirements developed under the continuing planning process under Section 303(e) of the Act and any regulations and guidelines issued under it;(9) Intake credits in accordance with 40 CFR § 122.45(g) and section 11-54-12; and(10) Recreational criteria for all State waters in section 11-54-8. To comply with HAR sections 11-54-S(b) and (c) requirements, at least one sample shall be collected on every fifth day of the thirty day sampling period. Each sample shall be collected and analyzed pursuant to 40 CFR Part 136 . The director may require samples to be collected more frequently within the thirty day period. (b) In any case where an issued NPDES permit applies the effluent standards and limitations described in subsection (a)(1), (2), and (3), the director shall state that the discharge authorized by the permit shall not violate applicable water quality standards and shall have prepared some explicit verification of that statement. In any case where an issued NPDES permit applies any more stringent effluent limitation based upon applicable water quality standards, a waste load allocation shall be prepared to ensure that the discharge authorized by the permit is consistent with applicable water quality standards. [Eff 11/27/81; am and comp 10/29/92; Eff 09/23/96; am and comp 09/22/97; comp 01/06/01; am and comp 11/07/02; am and comp 08/01/05; am and comp 10/22/07; comp 6/15/09; am and comp 10/21/12; comp 12/6/13; am and comp 11/15/2014 ] (Auth: HRS §§ 342D-4, 342D-5, 342D-6; 33 U.S.C. §§1251, 1342, 1370) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 33 U.S.C. §§1251, 1288(b), 1311, 1312, 1313, 1316, 1317, 1342, 1370, 1251 - 1387; 40 CFR Parts 122; 123; 124, Subparts A and D; 125, Subparts A, B, C, D, H, I, J, K, L, M; 129; 133; 136; 401; 403; 405-432; 434-436; 439-440; 443; 446-447; 454-455; 457-460; 503; 400-471, Subparts N; §§122.42, 122.43, 122.44, 122.45(g),_123.25{a))