Section 11-56-5 - Registry requirements(a) All persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall register with the department. The purpose of the registration is to notify the department of person (s) subject to this regulation and that a Water Pollution Prevention Plan under section 11-56-6 is required for the activity responsible for causing or contributing to nonpoint source pollution.(b) It is the responsibility of the owner of the parcel or operator of the activity associated with the nonpoint source discharge to register with the department.(c) At a minimum, registration shall include the following:(1) Legal name, street address, contact person's name and position title, telephone number and email address for the land owner;(2) Ownership status as federal, state, private, public or other entity;(3) Name, street address, and tax map key number for the location of the property or activity subject to this chapter, and the contact person's name and position title, telephone number and email address;(4) As applicable, a listing of all entities, other than the land owner, who are responsible for the activity associated with a nonpoint source discharge;(5) General description of the activity associated with a nonpoint source discharge; and(6) The following certification, signed in accordance with section 11-56-18: "I certify that this registration was prepared under my direction or supervision. I am familiar with the content of this registration and am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for violations."(d) A registration is not complete until the necessary information and requirements under section 11-56-5(c) have been satisfied. If a submitted registration is found to be incomplete or otherwise deficient, the director will 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 completing the registration do not relieve entities from enforcement and penalties specified in section 11-56-12 for violations of this chapter.(e) Deadlines for registration with the department are as follows:(1) For existing facilities, within one hundred twenty days from date of publication of this chapter; and(2) For new facilities, within thirty days prior to initiation of operations.(f) A person submitting a registration shall submit a filing fee of $500. This filing fee shall be submitted with the registration and shall not be refunded. Fees shall be made payable to the "State of Hawaii" in the form of a pre-printed check, cashier's check, money order, or as otherwise specified by the director.(g) The owner or their duly authorized representative shall submit a complete registration to the director at the following address or as otherwise specified: Director of Health
Surface Water Protection Branch
Environmental Management Division
State Department of Health
P.O. Box 3378
Honolulu, Hawaii 96801-3378
(h) Registrations submitted in accordance with this chapter expire five years from the date of submission to the department. Prior to registration expiration, all persons subject to this chapter, as specified in section 11-56-3(a) through (c), shall renew their registration with the department no later than thirty days prior to the expiration of their existing registration. The submittal date is the date the department receives the registration. The thirty day period includes weekends and holidays.(1) Where the information submitted with the previous registration in accordance with section 11-56-5(c), as well as the associated Water Pollution Prevention Plan developed in accordance with section 11-56T 6(a)(1), has not changed, the registration renewal shall include the following: (A) Legal name, street address, contact person's name and position title, telephone number and email address for the land owner;(B) Facility identification number;(C) Certification that previous registration information and the associated Water Pollution Prevention Plan have not changed; and(D) The following certification, signed in accordance with section 11-56-18: "I certify that this renewal registration was prepared under my direction or supervision. I am familiar with the content of this registration and am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for violations."
(2) Where the information submitted with the previous registration in accordance with section 11-56-5(c), as well as the associated Water Pollution Prevention Plan developed in accordance with section 11-56-6(a)(1), has changed, the registration renewal shall include the following: (A) Legal name, street address, contact person's name and position title, telephone number and email address for the land owner;(B) Facility identification number;(C) As applicable, updated section 11-56-5(c) registration information and an updated copy of the existing Water Pollution Prevention Plan, including any amendments, required under section 11-56-6; and(D) The following certification, signed in accordance with section 11-56-18: "I certify that this registration was prepared under my direction or supervision. I am familiar with the content of this registration and am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment for violations."; and(3) A person submitting a registration renewal shall submit a filing fee in accordance with section 11-56-5(f).(i) Persons that wish to terminate their registration must notify the director in writing within thirty days following the cessation of activity associated with the nonpoint source discharge. The notification of termination shall describe the steps taken to ensure that the discharge of pollutants from the activity associated with the nonpoint source is eliminated and that any further discharges from the site will not pose an unacceptable threat to human health, the quality of State waters, and the environment. If the director determines that the steps taken are not adequate, the director may take enforcement action, including imposition of penalties.(j) A registration submitted in accordance with this chapter may be transferred to a new owner. The current owner shall notify the department in writing at least thirty days in advance of the proposed transfer date. The notice of transfer shall include the following: (1) The legal name of the new land owner, and the new owner contact person's name, telephone number and email address for the land owner;(2) Facility identification number; and(3) A written agreement between the current owner and the new owner of the facility or operator of the activity associated with the nonpoint source discharge; the agreement shall specify the date for the transfer of the Water Pollution Prevention Plan implementation responsibility and liability from the current owner to the new owner. The director shall notify the current owner and the proposed new owner of the intent to deny the transfer. If a transfer is denied, then the new owner of the parcel associated with the nonpoint source discharge shall register with the department in accordance with section 11-56-5(a) through (g) of this chapter.
(k) The director shall make available to the public for inspection copies of registrations submitted in accordance with 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)