Under Hawaii environmental law, what is required when disturbing more than 1 acre of soil during construction?
Correct Answer
B) NPDES storm water permit
Construction activities disturbing more than 1 acre typically require an NPDES storm water permit under Hawaii environmental regulations.
Why This Is the Correct Answer
The National Pollutant Discharge Elimination System (NPDES) storm water permit is required for construction activities that disturb 1 or more acres of land. This is a federal requirement (Clean Water Act) enforced in Hawaii through DOH. It requires a Storm Water Pollution Prevention Plan (SWPPP) and controls for runoff.
Why the Other Options Are Wrong
Option A: Environmental impact statement
An Environmental Impact Statement (EIS) is required for projects with significant environmental effects under Hawaii's Chapter 343, HRS — not automatically triggered by disturbing 1 acre of soil. The threshold for an EIS is based on the type and location of the project, not just acreage disturbed.
Option C: Wetlands delineation study
A wetlands delineation study is required when a project may impact wetlands regulated under Section 404 of the Clean Water Act, not simply for any disturbance over 1 acre. Wetland involvement triggers this requirement, not soil disturbance acreage alone.
Option D: Soil contamination testing only
Soil contamination testing alone is not sufficient or even the relevant requirement here. Contamination testing applies when there is suspected hazardous material presence, not as a general rule for disturbing over 1 acre.
Memory Technique
Remember: '1 Acre = NPDES.' Any construction site disturbing an acre or more must have a storm water permit because rain runoff from large disturbed areas pollutes waterways. Think of the 1-acre threshold as the point where storm water pollution becomes a serious concern.
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