A contractor disturbs 1.5 acres of soil during construction in Hawaii. What environmental permit may be required?
Correct Answer
B) NPDES Storm Water Permit
Disturbing more than 1 acre typically requires an NPDES Storm Water Permit for construction activities.
Why This Is the Correct Answer
The National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges from Construction Activities is required when a project disturbs 1 acre or more of land. At 1.5 acres, this project clearly exceeds the 1-acre threshold. The permit requires implementation of Best Management Practices (BMPs) to prevent sediment and pollutants from entering waterways via storm water runoff.
Why the Other Options Are Wrong
Option A: Air Quality Permit
An Air Quality Permit is required for activities that generate significant air emissions, such as operating generators, burning debris, or producing dust beyond thresholds. While dust control is required during construction, a 1.5-acre soil disturbance does not automatically trigger an air quality permit — the NPDES storm water permit is the primary requirement.
Option C: No permit required
No permit is never the correct answer when more than 1 acre of soil is disturbed. Federal and state regulations clearly require an NPDES permit at the 1-acre threshold.
Option D: Waste Discharge Permit
A Waste Discharge Permit under Hawaii law applies to deliberate discharges of wastewater or pollutants into state waters. It is different from the NPDES Construction General Permit, which addresses storm water runoff during land disturbance.
Memory Technique
Think '1 Acre = 1 NPDES.' Any time soil disturbance hits 1 acre or more, the NPDES Storm Water Permit kicks in. 1.5 acres is above 1 — permit required.
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A contractor performs $85,000 worth of work on a residential project in Honolulu. Under HRS 507, what is the maximum mechanics lien amount that can be filed if the contractor is not paid?
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