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Notice #: 0001470542-01
Public Hearings

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING ON
PROPOSED RENEWAL WATER POLLUTION CONTROL PERMIT FOR
SUNRISE CAPITAL, INC.
NPDES PERMIT NO. HI 0021654
DOCKET NO. HI 0021654

October 11, 2024

The State of Hawaii, Department of Health (DOH), Clean Water Branch (CWB) will hold a public hearing in Kekaha, Kauai regarding the proposed National Pollutant Discharge Elimination System (NPDES) permit renewal for Sunrise Capital, Inc.

Date: Wednesday, November 13, 2024
Time: 10:00 am
Location: Kekaha Agriculture Association Building
7189-D Kaumualii Highway
Kekaha, Kauai, Hawaii

The NPDES permit is a regulatory mechanism to control water pollution through the issuance of permits. The purpose of issuing an NPDES permit is to implement Federal NPDES regulations and State NPDES rules to help protect human health and the environment. An NPDES permit imposes restrictions and requirements on discharges of pollutants from sites/facilities. Permittees (entities that have NPDES permit coverage) are legally obligated to comply with the requirements specified in the issued permit.

NPDES permits are solely for the management, regulation, and authorization of point source discharges to surface waters only as allowable under Federal and State water pollution control laws and the Clean Water Act. All other activities and actions, including, but not limited to, land use decisions, whether or not construction or industrial activities should be allowed, business operations, zoning, and non-point source pollution are not under the jurisdiction of NPDES permits. The DOH will not determine the validity or merits of a facility. Issuance of an NPDES permit does not convey any other rights, authorizations, approvals, or any other ability not specified in the permit.

The Sunrise Capital, Inc. facility, located at 6526 Kaumualii Highway, Kekaha, Island of Kauai, Hawaii, first obtained NPDES permit coverage on November 18, 1999. The facility discharges aquaculture-related wastewater to the “Suez Canal” at coordinates Latitude 22°01’05.2" N, Longitude 159°45’40" W. The facility consists of 40 production ponds, 8 (eight) nursery ponds, and 24 raceways supplied by four (4) land-based brackish water wells. The daily maximum discharge rate is 7.0 million gallons per day. The facility produces approximately 730,000 pounds of shrimp annually.

The CWB is holding a public hearing in accordance with Hawaii Revised Statutes Chapters 91 and 342D and Hawaii Administrative Rules Section 11-55-13 due to significant public interest generated by the publication of a Notice of Proposed Water Pollution Control Permit for Sunrise Capital, Inc. in The Garden Island newspaper on October 19, 2022. The CWB invites written and oral testimony at the public hearing or virtually online concerning the proposed permit.

Persons who wish to testify are asked to review the draft permit and fact sheet prior to providing testimony and are required to submit a written copy of their testimony. Oral testimony may be subject to a time limit. Written statements will be accepted at the public hearing; by email at cleanwaterbranch@doh.hawaii.gov or hand-delivered to 2827 Waimano Home Road, Room 225, Pearl City, Hawaii 96782, and at the DOH Kauai District Health Office at 3040 Umi Street, Lihue, Hawaii 96766 until 4:30 pm on Wednesday, November 13, 2024; and by mail at P.O. Box 3378, Honolulu, Hawaii 96801-3378, postmarked by November 13, 2024. Information regarding viewing the draft permit, fact sheet, presenting oral and written testimony, and joining the hearing virtually online can be found on the DOH-CWB website at https://health.hawaii.gov/cwb/category/active-public-notices-and-upcoming-public-hearings/. The documents are also available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the DOH-CWB offices listed above. Copies may be bought.

For more information or if you have special needs due to disability, please contact Mr. Reef Migita, Supervisor of the CWB Engineering Section at 808-586-4309 or at the above email or physical address at least seven (7) days before the public hearing date. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5991. The DOH-CWB will try to provide the requested arrangements, but cannot guarantee all arrangements can be accommodated by the hearing deadline.

If CWB believes, after considering all timely written comments and all oral comments at any public hearing that may be held, that no substantive changes to the conditions of the public notice permit are necessary or warranted, then CWB may recommend to the Director that the NPDES permit be issued.

Please notify anyone you know who would be interested in this matter.

DARRYL LUM, P.E.
Clean Water Branch Chief
(TGI1470542 10/11/24)