us-hi-regs-official-7afdde300c257da3e34116bdf39a4f495350bf73db9ce1ae778928a7ccc9573d•11-62
11-62
us-hi-regs-official-7afdde300c257da3e34116bdf39a4f495350bf73db9ce1ae778928a7ccc9573d11-62Regulation
Rules Amending Title 11 Hawaii Administrative Rules MAR 2 1 2016 1. Chapter 62 of Title 11, Hawaii Administrative Rules, entitled "Wastewater Systems 11 is amended and compiled to read as follows: "HAWAII ADMINISTRATIVE RULES TITLE 11 DEPARTMENT OF HEALTH CHAPTER 62 WASTEWATER SYSTEMS Subchapter 1 Prohibitions and General Requirements §11-62-01 §11-62-02 §11-62-03 §11-62-04 §11-62-05 §11-62-06 §11-62-07 §11-62-07.1 §11-62-08 §11-62-09 §11-62-10 §11-62-11 §11-62-12 Preamble Purpose and applicability Definitions County wastewater advisory committee Critical wastewater disposal areas (CWDA) General requirements Repealed Requirements for non-domestic wastewater Other requirements for wastewater systems Public access to information Public hearings and informational meetings Incorporation by reference Timely processing :~17 6
3176 Subchapter 2 Wastewater Treatment Works §11-62-21 §11-62-22 §11-62-23 §11-62-23.1 §11-62-24 §11-62-25 §11-62-26 §11-62-27 §11-62-28 §11-62-29 Repealed Repealed Repealeq Specific requirements for wastewater treatment works Treatment unit requirements Wastewater effluent disposal systems Wastewater effluent requirements , recycled water quality and monitoring requirements applicable to treatment works treating wastewater Recycled water systems Additional monitoring, recordkeeping, and reporting (Reserved) Subchapter 3 Individual Wastewater Systems §11-62-31 §11-62-31.1 §11-62-31.2 §11-62-32 §11-62-33 §11-62-33 . 1 §11-62-34 §11-62-35 §11-62-36 §11-62-37 §§11-62-38 to Repealed General requirements for individual wastewater systems Site evaluation Spacing of individual wastewater systems Repealed Specific requirements for new and proposed treatment units Specific requirements for new and proposed disposal systems Other individual wastewater systems Cesspools Application for and review of building permits and individual wastewater systems 11-62-39 (Reserved) Subchapter 4 Wastewater Sludge Use and Disposal §11-62-41 General requirements and prohibition
§11-62-41.1 §11-62-42 §11-62-43 §11-62-44 §11-62-45 §11-62-46 §11-62-47 §11-62-48 Relation to federal law Land application of exceptional quality wastewater sludge Land application of other than exceptional quality wastewater sludge, to agricultural land, forest, public contact site, or reclamation site Land application of domestic septage to agricultural land, forest, or reclamation site Repealed Pathogens Vector attraction reduction Sampling method Subchapter 5 Wastewater Management Permits and Registration §11-62-50 §11-62-51 §11-62-52 §11-62-53 §11-62-54.01 §11-62-54.02 §11-62-54.03 §11-62-54.04 §11-62-54.05 §11-62-54.06 §11-62-54.07 §11-62-54.08 §11-62-54.09 §11-62-55.01 §11-62-55.02 §11-62-55.03 §11-62-55.04 Registration and permits Fees Signatories and certification requirements Wastewater management registration Wastewater management individual permits Draft individual permits Fact sheets Public notices of draft individual permits; public comments and hearing requests Public meetings or hearings on individual permits Public notice of public meetings or hearings on individual permits Response to comments Issuance of individual permits; duration, conditions Schedules of compliance Repealed Repealed Requiring an individual permit Repealed
~ 1 7 h I Jld §11-62-55.05 §11-62-55.06 §11-62-55.07 §11-62-55.08 §11-62-56 §11-62-57.01 §11-62-57.02 §1 1-62-57.03 §11 - 62-57.04 §11-62-58 Repeale d Repealed Repealed Repealed Standard permit conditions Transfer of permits Modification or revocation and reissuance of permits Termination of permits Renewal of permits Conflict of interest Subchapter 6 Wastewater and Wastewater Sludge Pumpers and Haulers §11-62-60 §11-62-61 §11 -62 -62 Applicabi l ity Registration requirements Recordkeeping and reporting Su bchapter 7 Variances, Penalties and Severability §11-62-71 §11-62-72 §11-62-73 §11-62-74 Variances Penalties and remedies Severability Pub l ic participation in enforcement Subchapter 8 Field Citations §11-62-81 §11-62-82 §11-62 - 83 §11-62-84 Purpose Offer to settle ; settlement amounts Resoluti o n of field citation Form of citation
§11-62-01 SUBCHAPTER 1 PROHIBITIONS AND GENERAL REQUIREMENTS §11-62-01 Preamble. The department of health seeks to ensure that the use and disposal of wastewater and wastewater sludge does not contaminate or pollute any valuable water resource, does not give rise to public nuisance, and does not become a hazard or potential hazard to the public health, safety, and welfare. The department of health seeks to migrate towards an ultimate goal of regional sewage collection, treatment and disposal systems that are consistent with state and county wastewater planning policies. Off-site treatment and disposal systems, followed in priority by on-site systems, meeting health and environmental standards will be allowed whenever they are consistent with state and county wastewater planning policies and on the premise that these systems will eventually connect to regional sewage systems. Individual wastewater systems may be utilized in remote areas and in areas of low population density. Hawai'i is long overdue in eliminating construction of wastewater disposal systems depositing untreated sewage into the environment, such as cesspools. Indeed, the department stated in its prior rules back in the 1990's, with the agreement of all counties' wastewater advisory committees, that installation of new cesspools should end after the year 2000. The department of health seeks to work in close partnership with the counties to manage wastewater to prevent pollution and harm to public health, safety and welfare. Each county may participate in the implementation of these rules through the recommendations of a county wastewater advisory committee to the director. The department of health seeks to advance the use of recycled water and wastewater·sludge consistent with public health and safety and environmental quality. The state department of health acknowledges that when properly treated and used, all recycled 62-5 ,176
§11-62-01
water and wastewater sludge are valuable resources
with environmental and economic benefits and can be
used to conserve the State 1 s precious resources. The
director acknowledges that the most highly treated
recycled water and exceptional quality wastewater
sludge can be used for a wide variety of applications
with the appropriate restrictions and when best
management practices and other requirements of this
chapter are met . ( Eff 12/10/88; am and comp
12/09/2004; am and comp MAR 9. 1 ?016 J (Auth:
§§321-11, 322-8 (a), 342D-4, '34:20-'5', 342E-3) (Imp:
§§321-11, 322-1 to 322-4 , 322-8, 342D-2, 342D-4,
5, 342D-50, 342E-3)
HRS
HRS
342D-
§11-62-02 Purpose and applicability. (a) This
chapter seeks to ensure that the use and disposal of
wastewater and wastewater sludge from wastewater
systems:
(1) Do not contaminate or pollute any drinking
water or potential drinking wat er supply, or
the waters of any beaches, shores, ponds,
lakes, streams, groundwater , or shellfish
growing waters;
(2) Do not encourage the harborage of insects,
rodents, or other possible vectors;
(3) Do not give rise to nuisances;
(4) Do not become a hazard or a potential hazard
to public health, safety and welfare;
(5) Contribute to the achievement of wastewater
management goals contained in approved
county water quality management plans;
(6) Reinforce state and county planning
policies; and
(7) Are consistent with the State 1 s
administration of the National Pollutant
Discharge Elimination System .
(b) This chapter seeks to advance the
appropriate uses of recycled water and wastewater
sludge.
{c) This chapter allows and does not preempt
provisions in county codes, rules or ordinances that
are not inconsistent with these rules, including,
62-6§11-62-03 without limitation: (1) Plumbing requirements in county plumbing codes or rules, including county adoptions of all or parts of the Uniform Plumbing Code; (2) Sanitary sewer system and wastewater treatment works use permission and pretreatment requirements in county ordinances or rules regarding the introduction of fats, oils, grease, septage, sludge, or wastewater into sanitary sewers or wastewater treatment works, requirements on the use of grease traps, and requirements on wastewater and wastewater sludge pumping and hauling; (3) Storm sewer system use permission requirements in county ordinances or rules; or (4) Water recycling requirements in county ordinances or rules, including requirements for connection to or use of available recycled water. [Eff 12/10/88 h am and comp 12/09/2004; am and comp MAR~ l 2016 J (Auth: HRS §§321-11, 322-B(a), 342D-4, 342D-5, 342E-3) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-50, 342E-3; HRS ch. 340E; 33 U.S.C. §§1311, 1342, 1345; 40 CFR Parts 122, 123, 501, 503) §11-62-03 Definitions. As used in this chapter: "Activated sludge process" means a biological wastewater treatment process in which a mixture of wastewater and microorganisms is agitated with induced aeration. Aeration supplies dissolved oxygen and wastewater supplies the organic substrate necessary for microorganism growth. This process includes sedimentation units which follow the aeration and where settled solids are withdrawn for disposal or returned to the aeration unit . "Aerobic treatment unit system" shall have the same meaning as defined in Chapter 235, HRS. "Aerosol" means a solid suspended in air with or 62-7 317 6
317 6 §11-62-03 without preceding evaporation. "Bedrock" means a continuous horizontal layer of hardened mineral deposits that does not support the growth of common plant life. "Bedroom" means any room within a dwelling that is or might reasonably be used as a sleeping room. A room is presumed to be a bedroom if it has a superficial floor area not less than seventy square feet and is provided with windows or skylights with an area of not less than one-tenth of the floor area or ten square feet, whichever is greater. "Best management practices" or "BMPs" means the most effective, practical schedules of activities, prohibitions of conduct, maintenance procedures, and other specifications of conduct to prevent or reduce the pollution. BMPs also include treatment requirements, operating procedures, and practices to site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage . "BODs" means five days biochemical oxygen demand as measured by a standard test indicating the quantity of oxygen utilized by wastewater under controlled conditions of temperature and time. 11 Building 11 means a structure, permanent or temporary, built, erected, and framed of component structural parts used or designed for the housing, she l ter, workplace, enclosure or support of persons, animals or property of any kind. "Building modification" means any change to an existing building's configuration that may result in the increase in wastewater flows or change in the wastewater characteristics. "Cesspool" means an individual wastewater system cons i sting of an excavation in the ground whose depth is greater than its widest surface dimension, which receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharging therein, but permits the liquid to seep through its bottom or sides to gain access to the underground formation. "Collection system" means the conveyance system, which includes the building and street sewer laterals, Interceptor sewer, sewage pump station, and force 62-8
§11-62-03 main, used to transport the sewage to the treatment unit. "Composite sample" means sample(s) collected on regular intervals in proportion to the existing flow or volume and then combined to form a sample that represents the flow or volume over a period of time or space. "Compost toilet" means a non-flush, waterless toilet that employs an aerobic composting process to treat toilet wastes. "Confined work areas" means any area having a limited means of egress, which is subject to the accumulation of toxic or flammable contaminants or has an oxygen deficient atmosphere. Confined work areas include, but are not limited to, storage tanks, process vessels, bins, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, and open top spaces more than four feet in depth such as pits, tubs, vaults and vessels . "Construction" in the context of a wastewater system means the building of the system in the ground; construction is not completed until the system has been fully installed so that it is ready for hookup. "Contractor" means the installer of a wastewater system or any part of a wastewater system. "County" means any county of the state. "Critical Wastewater Disposal Area (CWDA) 11 means an area where the disposal of wastewater has or may cause adverse effects on human health or the environment due to existing hydrogeological conditions. 11 Department 11 means the department of health. 11 Director" means the director of health o r the director's duly authorized agent, including a contractor of the director. "Disinfection" means a process to destroy, neutralize, or inhibit the growth of pathogenic microbes. "Disposal system" means any sewer, sewer outfall, sewer lateral, seepage pit, cesspool, injection well, soil absorption system, disposal trench, or other facility used in the disposal of wastewater or wastewater sludge, including any wastewater 62-9 ; 17 6
317 6 §11-62-03 transmission lines, pumps, power, or other equipment associated with the ultimate disposal of wastewater or wastewater sludge. "Distribut i on box 11 means a watertight chamber from which effluent from a treatment unit is distributed evenly to various portions of a disposal system. 11 Drip irrigation 11 means application of water and wastewater, including recycled water, from emitters, either on the surface or subsurface, that are part of a piping system alongside the plants being irrigated and that discharges at a rate not to exceed two gallons per hour per emitter. 11 Domestic sewage 11 is waste and wastewater from humans or household operations that is: (1) Discharged to or otherwise enters a treatment works; or (2 } Of a type that is usually discharged to or otherwise enters a treatment works or an individual wastewater system. "Domestic wastewater" has the same meaning as "domestic sewage". " Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes, but is not limited to, apartment houses, single family houses , duplex houses, cluster houses, townhouses, and planned developments, but excludes hotels and lodging houses. " Dwelling unit M means any habitable room or group of habitable rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping , cooking, and eating . "Engineer" means a professional engineer registered in the State of Hawaii. " EPA 11 means the United States Environmental Protection Agency . "EPA 1 s methods for chemical analysis of water and wastes" means the 1979 edition of " Methods for Chemical Analysis of Water and Wastes" as published by the EPA . 11 Evapotranspiration system " means a subsurface disposal system which relies on soil capillarity and 62-10
§11-62-03 plant uptake to dispose of treated effluent through surface evaporation and plant transpiration. "Exceptional quality sludge" means wastewater sludge that has been treated to a level specified in this chapter in which it may be used with little or no restrictions for land application. "Existing 11 means constructed under a valid county permit or with written approval from the director before the effective date of this rule. 11 Filter fabric" means a woven or spun-bonded sheet material used to impede or prevent the movement of sand, silt and clay through the filter material. This material shall be non-biodegradable, resistant to acids and alkalies within a pH range of 4 to 10, and resistant to common solvents . "Grab sample" means a single discrete sample of wastewater collected at a particular time and place which represents the composition of the source at that time and place. "Graywater" shall have the same meaning as defined in HRS section 342D-1. "Haul" means the transport of an item by vehicle or boat. "Holding tank" means a nonportable, watertight closed vault used or designed to temporarily hold domestic wastewater. "Household aerobic unit" means an individual wastewater system which receives domestic wastewater from dwellings or from other sources generating wastewater of a similar volume and strength, and retains solids, aerobically digests organic matter over a period of time, and allows the clarified effluent to discharge outside the tank into a disposal system. "Individual permit" means a document issued under this rule to a specific person for a specific facility, or practice to generate, treat, use, dispose, or discharge of wastewater and wastewater sludge at a specific location. "Individual wastewater systems" means facilities, such as septic systems, aerobic treatment units, and cesspools, that are not connected to a sewer and are used and designed to receive and dispose of : 62-11 317 6
317 6
§11-62-03
{1) No more than one thousand gallons per day of
domestic wastewater; or
(2) Greater than one thousand gallons per day of
domestic wastewater from buildings with highly
variable flows.
"Injection well" has the same meaning as defined
in chapter 11-23.
"Land application" means the spraying or
sp r eading of wastewater sludge onto the land surface,
the injection of wastewater sludge below the land
surface, or the incorporation of wastewater sludge
into the soil such that the wastewater sludge
can either condition the soil or fertilize crops or
vegetation grown in the soil.
"Large capacity cesspciol" means a cesspool that
serves more than one residential dwelling or, for a
non-residential cesspool, has the capacity to serve
twenty or more persons per day.
"Living area" means the portion(s) of a dwelling
unit including, but not limited to, the bedroom,
kitchen, bathroom, living room, family room, covered
lanai, den, and library, but excluding the garage,
carport, open lanai, fence, and utility shed.
"Makai" means toward the sea or the area outside
the Underground Injection Control (UIC) Line
encircling the protected aquifer.
"Manual of Septic Tank Practice" means the United
States Department of Health, Education and Welfare
Publication No. (HSM) 72-10020, formerly known as "PHS
Publication No. 526 " , revised in 1967.
"Modal time 11 means the amount of time elapsed
between the time that a tracer, such as salt or dye,
is injected into the influent at the entrance to a
chamber and the time that the highest concentration of
the tracer is observed in water where it is discharged
from the chamber.
"Mound system11 means a soil absorption system
which is installed in or below an artificially created
mound or earth.
"MPN 11 means most probable number.
11 New 11 means constructed on or after the effective
date of this chapter.
"Non-domestic wastewater" means all wastewater
62-12§11-62-03 excluding domestic wastewater. "Non-exceptional quality wastewater sludge" means wastewater sludge that is not exceptional quality wastewater sludge. "Owner" means a person(s) who has legal title to a treatment works or individual wastewater system, or duly authorized representative of the owner . "Pathogenic organisms" means disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova. "Person" has the same meaning as defined in section 342D-l, HRS. "Person who prepares wastewater sludge" means anyone who generates wastewater sludge during the treatment of wastewater in a wastewater treatment works, a person who derives a material from wastewater sludge, a person who provides treatment of wastewater sludge, or a person who changes the quality of wastewater sludge. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or measured at another temperature and then converted to an equivalent value at 25 degrees Celsius. "Private" means not owned or operated by a federal, state, or county authority. "Proposed" means put forward for consideration or suggested to the director. For the purposes of this chapter, "proposed" shall refer to the plans for a wastewater system or activity. "Public" means, for issues of ownership, owned or operated by a federal, state; or county authority . "Public water system" has the same meaning as defined in chapter 11-20. "Qualified cesspool" shall have the same meaning as defined in Chapter 235, HRS. "Qualified expenses" shall have the same meaning as defined in Chapter 235, HRS. "R-1 water" means recycled water that has been oxidized, filtered, and disinfected to meet the corresponding standards set in this chapter. "R-2 water" means recycled water that has been 62-13
,; 116 §11-62-03 oxidized and disinfected to meet the corresponding standards set in this chapter. "R-3 water" means recycled water that has been oxidized to meet secondary treatment standards as set forth by EPA. ••Recycled water" means treated wastewater that by design is intended or used for a beneficial purpose . "Recycled water system" means a facility which conveys to users or uses recycled water. Recycled water systems are subdivided into distribution and use systems. Recycled water systems include all piping, storage, and repressurization facilities to deliver recycled water to users, but exclude treatment units. "Residential large capacity cesspool" shall have the same meaning as defined in HRS section 342D-l. "Reuse guidelines" means the "Guidelines for the treatment and use of reclaimed water", Hawaii State Department of Health, Wastewater Branch, November 23, 1993, revised January 2016. "Seepage pit" means an excavation in the ground whose depth is greater than its widest surface dimension and which receives the discharge from treatment units and permits the effluent to exit through its bottom or sides for gradual seepage into the ground which does not result in contamination of water-bearing formations or surface water. "Septage" means either a liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives wastewater. "Septic system" shall have the same meaning as defined in Chapter 235, HRS. "Septic tank" means a watertight receptacle that receives the raw wastewater, retains after settling solid matter or sewage for treatment by bacteria, and discharges a partially treated effluent. "Sewage sludge" means any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, septage, portable toilet pumping, Type III Marine Sanitation device pumpings (33 Code of 62-14
§11-62-03 Federal Regulations Part 159), and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge. 11 Sewer 11 means a pipe or conduit or any other appurtenances that carry wastewater from a building or buildings to a specific point for treatment and disposal. "Sewer system" shall have the same meaning as defined in Chapter 235, HRS. "Soil absorption" means a process which uses the soil to treat and dispose of effluent from a treatment unit. "Spray irrigation" means application of water and wastewater, including recycled water, to the land to maintain vegetation or support the growth of vegetation by spraying the water and wastewater above ground from sprinklers, micro-sprinklers, or orifices in piping. 11 SS 11 means suspended solids and indicates the characteristic state of solids in wastewater. "Standard methods" means the 22 nd edition, 2014, of "Standard Methods for the Examination of Water and Wastewater" as published by the American Water Works Association, American Public Health Association and the Water Pollution Control Federation, unless another edition is specified by the director. "State waters" shall have the same meaning as defined in section 342D-l, HRS. "Subsurface disposal system" means a disposal system that allows the gradual seepage of effluent into the ground which does not result in contamination of water-bearing formations or surface water, such as a seepage pit, cesspool , soil absorption system , or other facility used in the disposal of wastewater, including any wastewater transmission lines, pumps, power, or other equipment associated with the disposal of wastewater. "Subsurface drip irrigation" means the application of water and wastewater , including recycled water, to the land to maintain vegetation or to support the growth of vegetation by discharging or emitting the water and wastewater from orifices in 62-15 ,.31 7 6
317 6 §11-62-03 piping below the surface or finished grade. "Suitable soil" means a soil which acts as an effective filter in the removal of organisms and suspended solids before the effluent reaches any highly permeab l e earth formations, bedrock, or groundwater. "Surface disposal" means the placing of wastewater sludge on the land for final disposal and includes storage on land for two or more years. "Surface irrigation" means the application of water and wastewater, including recycled water, by means other than spraying. "Ten States Standards" means the 1980 edition of the Recommended Standards for Individual Sewage Systems, a report by the committee of the Great Lakes- Upper Mississippi River Board of State Sanitary Engineers on the policies for review and approval of plans and specifications for ind i vidual wastewater systems. "Theoretical detention time" means the value obtained by dividing the vo l ume of a chamber, through which fluid flows, by the flow rate expressed in amount of fluid volume per unit of time. "Treatment unit" means any plant, facility, or equipment used in the treatment of wastewater, including the necessary pumps, power equipment, blowers, motors, holding tanks, flow splitter, and other process equipment. "Treatment works" means any treatment unit and its associated collection system and disposal system, excluding individual wastewater systems. "Vector attraction 11 means the characteristic of wastewater sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents. "Wastewater" means any liquid waste, whether treated or not, and whether animal, mineral, or vegetable, including agricultural, industrial, and thermal wastes. "Wastewater sludge0 has the same meaning as "sewage sludge". - "Wastewater sludge facility" means a facility which collects, handles, stores, treats, or disposes 62-16
§11-62-04 of wastewater sludge. Wastewater sludge facilities shall exclude individual wastewater systems. "Wastewater system" means the category of all wastewater and wastewater sludge treatment, use, and disposal systems, including all wastewater treatment works, collection systems, wastewater sludge facilities, recycled water systems, and individual wastewater systems. "Water pollution" has the same meaning as defined in section 342D-1, HRS. "Watertight" means constructed so that no water can enter and discharge except through the inlet and outlet pipe respectively. (Eff 12/10/88; am 8/30/91; am and comp 12/09/04; am and comp MAR 2 1 2016 J (Auth: HRS §§321-11, 32B(a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-l, 342D-2, 342D-4, 342D-5, 342D-50, 342E-3; 40 CFR Parts 501, 503, 40 CFR §501.2) §11-62-04 County wastewater advisory committee. (a) The mayor of each county may request that the director form a county wastewater advisory committee ( 11 committee 11 ), and the mayor may nominate its members, who may include representatives of the county water supply, public works, planning, and land utilization departments, labor, industry, environmental groups, and other interested people. The chief of the environmental management division on Oahu and the district environmental health program chiefs on the neighbor islands shall serve as ex officio members of their respective county committees. The department shall provide technical and support services for the committee. (b) The primary role of the committee is to review and make recommendations to the director on the application of this chapter on matters which are unique to each county, on the establishment of critical wastewater disposal areas, on proposals which are not specifically addressed in these rules, and upon the director's request, for applications for variances . The committee 1 s recommendations shall seek to advance the purposes of this chapter. 62-17 I~ 17 6
317 b 11-62-05 • ( Eff 12/10/88; am 8/30/91; am and comp 12/09/2004; am and comp MAR 2 I 2016 ] (Auth ; HRS §§321- 11 1 342D-4, 342D-5) (Imp: HRS § §321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5 1 342D-50) §11-62-05 Critical wastewater disposal areas (CWDA). (a) All areas of the State are critical wastewater disposal areas. (b) The director may impose more stringent requirements than those specified in this chapter for wastewater systems located or proposed to be located within areas that require additional protection . Requirements that the director may impose include, but are not limited to, meeting higher effluent standards for wastewater systems, limiting the method of effluent disposal, and requiring flow restriction devices on water fixtures. [Eff 12/10/88; am 8/30/91 ; am and comp 12/09/04; am and comp MAR 2 I 2016 l (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321- 11, 322-1 to 322-4 , 322-8, 342D-2, 342D-4 , 342D-5 , 342D-50) §11-62-06 General requirements. Owners shall comply with these requirements : (a) All buildings used or occupied as a dwelling, all public buildings, and all buildings and places of assembly generating wastewater or with toilets, sinks , drains, or other plumbing fixtures capable of conveying wastewater, shall be connected to a wastewater system. In addition, any new building capable of generating wastewater shall be connected to a wastewater system which meets the requirements of this rule. (b) All buildings and places of assembly generating wastewater or with toilets , sinks, drains, or other plumbing fixtures capable of conveying wastewater and located within or near an available public sewer system as determined by the director , shall connect to the public sewer. (c) All wastewater systems shall be designed, constructed, operated , and maintained in accordance with this chapter. 62-18
§11-62-06 (d) Operation and maintenance. All wastewater systems and parts thereof that are installed or used by persons to achieve compliance with this chapter and the conditions of any department approval for use issued under this rule shall at all times be properly operated and maintained. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures as specified by the director. Effluent testing for private wastewater systems shall be performed by an independent laboratory. Proper operation and maintenance also includes operation of any required back-up or auxiliary facilities or similar systems as specified by the director to be installed to achieve compliance with this chapter and the conditions of any department approval for use issued under this chapter. (e) No holding tank, except for public facilities, and no privy shall be used. No portable toilets shall be used for any permanent structure unless approved by the director. (f) No person or the owner shall cause or allow any wastewater system to create or contribute to any of the following: (1) Human illness; (2) Public health hazard; (3) Nuisance; (4) Unsanitary condition; (5) Wastewater spill, overflow, or discharge into surface waters or the contamination or pollution of state waters, except in compliance with a permit or variance issued under chapter 11-55, or a water quality certification or waiver obtained under chapter 11-54; (6} A wastewater spill, overflow, or discharge (spill) onto the ground, except for R-1 water from a recycled water system that is implementing BMPs approved by the director. The burden of proof is on the recycled water system's owner or operator to demonstrate that the spill qualifies for this exception; 62-19 B176
§11-62-06 (7) Harborage of vectors, including insects and rodents; ( 8) ( 9) ( 10) Foul or noxious odors ; Public safety hazard; or Contamination, pollution, or endangerment of drinking waters, except in compliance with a permit issued under chapter 11-23. (g} Notice. If any of the conditions in subsection (f} exist , the owner or the person responsible for the wastewater system shall notify the director immediately , unless for subsection (f) (S} and (f} (6), the owner or person responsible demonstrates compliance with the protocol attached to this chapter as Appendix B, entitled Responses for Wastewater Spills, Overflows, and Discharges ( " Spills") dated July 1, 2014. (h) In case of a violation of this chapter, the director, at the director's discretion , shall initiate enforcement action against the owner(s} of the wastewater system and initiate enforcement action against other persons to have the offending condition abated, corrected , or removed. In addition, once a violation of this chapter occurs, the director shall order the owner to take immediate actions to protect public health and safety. (i) Duty to mitigate . The owners of wastewater systems shall take steps to minimize or prevent the use and disposal of wastewater or wastewater sludge in violation of this chapter which has a reasonable l ikelihood of adversely affecting human health or the environment. (j) Upon request by the director, proposed wastewater systems in critical wastewater disposal areas shall be approved in writing or by rule by the respective county board of water supply or department of water supply . (k) If applicable , a wastewater system involving the subsurface d i sposal of wastewater shall be in compliance with chapter 11-23. (1) Approvals to-construct the wastewater system shall be considered invalid if: (1) A county does not issue a building permit for a private building within one year after 62-20 I} 176 · ,
§11-62-06
the director approves the wastewater system,
or the construction of the wastewater system
has not begun within one year of the
approval; and
{2} A county revokes or rescinds a building
permit and the building is to be served by a
wastewater system that was approved in
conjunction with the building permit
application. Reapproval of any wastewater
system for which the director's approval has
been rescinded or determined invalid
pursuant to this paragraph shall be based on
the applicable rules in effect at the time
the request for reapproval is made.
(m} The director, at the director 1 s discretion, may
require that a wastewater system be upgraded to meet
the applicable requirements of this chapter whenever a
building modification is proposed that may change the
nature or quantity of the wastewater flowing to the
wastewater system. The modifications may include but
not be limited to adding additional bedrooms to a
dwelling or adding a restaurant to a shopping complex.
The director, at the director's discretion, may also
require that a wastewater system be upgraded if any of
the following conditions exists:
{1} The existing wastewater system has created
or contributed to any of the conditions
noted in subsection {f};
{2} The existing wastewater disposal system has
within the last twelve months been pumped
more than twice or has spilled wastewater
more than once;
{3) The existing wastewater system disposes
untreated wastewater directly into the
groundwater table; or
{4} The owner of the existing wastewater system
has not satisfactorily addressed all of the
deficiencies noted by the director.
(n} Modifications to wastewater systems that may
affect the quality or quantity of the wastewater and
wastewater sludge shall meet the applicable provisions
of this chapter.
62-21
B176§11-62-06
(o) Actions taken by the director to evaluate
and determine possible measures to achieve compliance
with this chapter do not guarantee that an approved
wastewater system will function satisfactorily for any
period of time, or mean that department employees are
liable for any damages, consequent i al or direct, that
are or may be caused by a malfunction of the
wastewater systems.
(p) Duty to comp l y. The owners of any
wastewater system shall comply with all applicable
provisions of this chapter. I n addition, all owners
shall comply with all conditions of any department
approval for use issued under this chapter. Any
noncompliance constitutes a violation and is grounds
for : enforcement action; depart ment approval for use
termination, revocation and reissuance, or
modification; or denial of a department approval for
use renewal application.
(q) In cases where the director is required to
conduct an inspection at a location outside the State,
the owner of the wastewater system shall be required
to cover all costs related to the inspection. [ Eff
12/10/88; am 8/30/91; am and comp 12/09/04; am and
comp UAR 21 2n11', ] (Auth: HRS §§321-11,
322-8 (a), 34:2'0:.4, 342b-5, 342D-15, 342E-3) {Imp: HRS
§§321-11, 322-1 to 322-4, 322-8 , 342D-2, 342D-4, 342D-
5, 342D-6, 342D-50, 342E-3 ; HRS chs. 340E; 33 U. S.C .
§§1311, 1342, 1345; 40 CFR Parts 122 , 1 23, 40 CFR
§501.15 {b) (6))
§11-62-07 REPEALED [R 8/30/91]
§11 - 62-07 . 1 Requirements for non-domestic
wastewater. (a) The director will review the use and
disposal of non-domestic wastewater on a case-by-case
basis.
(b) Non-domestic wastewater includes, but is not
limited to:
(1) Wastewater from agricultural, commercial, or
industrial activities or operations;
62-22§11-62-07.1 (2) Solids, semi-solids, or liquids removed from the non-domestic wastewater; (3) Wastewater that contains a mix of both domestic and non-domestic wastewater; or (4) Solids, semi-solids, or liquids removed from wastewater that contains a mix of both domestic and non-domestic wastewater. (c} Buildings and operations generating non- domestic wastewater, including farms, shall meet the specific requirements of this chapter as determined to be applicable by the director. (1) Wherever applicable, the director shall use the requirements for non-domestic wastewater as set forth by the EPA, Chapter 11-23, the Department's Guidelines for the Treatment and Reuse of Recycled Water, and wherever applicable, Department's Guidelines for Livestock Waste Management. The Guidelines are available on-line at the Wastewater Branch section of the department's website. Construction plans and engineering reports for proposed non-domestic wastewater systems shall be sufficient in scope and depth for determining compliance with the provisions of this chapter. (2) Any building or facility which is located within the state agricultural land use district, county agricultural zoned districts, or conservation districts may be exempt from the provisions of subchapters 2 and 3 for its non-domestic wastewater provided that the buildings or facilities are essential to the operation of an agricultural enterprise or consistent with the conservation district use intent. The owner shall submit for the director's approval plans or engineering reports, or both, for the wastewater systems proposed to accommodate the wastewater generated from any building or facility in this category. Information submitted shall be sufficient in scope and depth for determining the adequacy 62-23
•3116 • 4 ' ' §11-62-07 . 1 of performance of the wastewater system in meet i ng the provisions of this chapter. (d) In determining treatment requirements for the non-domestic wastewater, the director shall use requirements for non-domestic wastewater as set forth by EPA, Chapter 11-23, the Department's Guidelines for the Treatment and Reuse of Recycled Water and the Department's Guidelines for Livestock Waste Management. [Eff and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§321-11, 322- 8 (a), 342E-3) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342E-3) §11-62-08 Other requirements for wastewater systems. (a) Purpose . (1) It is the purpose of this section and subchapters 2, 3 , and 4 to set forth minimum requirements for the following purposes : (A) To clarify responsibilities of owners , engineers, and the department; (B) To set minimum distance requirements so that nuisances are avoided; (C) To set minimum requirements to protect public health, safety, and welfare, and to protect the wastewater systems from malicious damage or unauthorized entry; and (D) To emphasize the need for proper design, installation, operation , and maintenance . (2) This section and subchapters 2, 3 , and 4 give the engineer designing the wastewater system flexibility and design responsibility. The design engineer is responsible for the choice of equipment , types of treatment processes used, structural integrity, electrical components, disposal system designs, adequate work space, accessibility for operation , maintenance and repair, redundancy of major equipment and processes, corrosion control , 62-24
§11-62-08
and all other major aspects of wastewater
system design.
(3) Nothing in this chapter shall be construed
to prevent the engineer from exceeding the
minimum requirements if the engineer
determines that specific conditions warrant
such additional measures.
(b) No person shall construct, modify the
construction of, or modify the use of a wastewater
system without the approval of the director. The
following documents shall be submitted to the director
prior to such approval:
(1) Construction plans prepared by or under the
supervision of an engineer indicating the
following:
(A) Acreage, address, and tax map key
number(s) of the project site;
(B) Plot plan drawn to scale showing the
location of the proposed and any
existing wastewater system and its
distances from existing and proposed
buildings, structures, legal
boundaries, property lines, adjacent
surface bodies of water, drinking water
sources, and existing public sewers
within 2,000 feet of the nearest
property line; and
(C) Sufficient details to show compliance
with all applicable requirements of
this chapter.
(2) Construction plans for an individual
wastewater system prepared by the engineer
showing sufficient details to enable the
contractor to construct the individual
wastewater system.
{3) Wastewater sludge use and disposal plan
indicating how the wastewater sludge
facility will comply with subchapter 4.
{c) Whenever applicable, the design flow of any
development to be served by a wastewater system shall
be based on Appendix D, Table I, dated July 1, 2014,
except as provided by section 11-62-24(b).
62-25
B1761317 6
§11-62-08
(d) Measures to control public accessibility to
all treatment units sha l l be provided to prevent
accidents, drownings, vandalism, and interference with
the treatment process . At a minimum , the provisions
shall include:
{1) Fencing or other secured enclosures at least
six feet in height with no more than three
and a half inch clear openings or spaces for
treatment units with exposed water surfaces
or equipment; or
(2) Completely enclosed treatment units with
unexposed water surfaces and equipment.
Access openings to completely enclosed
treatment unit(s) and equipment shall be
secured and properly identified, and be
large enough to allow removal of equipment
from the facility .
(e) No person shall use the area adjacent to or
directly above any wastewater system for purposes or
activities which may hinder or interfere with the
operation and maintenance , modification, or
replacement of the wastewater system.
(f) No person shall operate a wastewater system
unless that person or the owner of the wastewater
system is authorized by the director in accordance
with the applicable provisions of sections 11-62-
23.l(e) and 11-62-31.l(f) and the applicable
provisions of chapter 11-61 . The director may inspect
the wastewater system or its site at any time before
authorizing the use of the system and may require
advance notice of the engineer's inspection .
(g) All wastewater systems shall be constructed
or modified by a person meeting the requirements of
chapter 444, HRS , and any pertinent rules adopted by
the department of commerce and consumer affairs, State
of Hawaii. [Eff 8/30/91; am and comp 12/09/04; am and
comp MAR 2 I 2016 ] (Auth : HRS §§321-11, 342D-4,
342D-5, 342E-3) (Imp: §§321-11, 322-1 to 322-4, 322-8,
342D-2, 342D-4 , 342D - 5, 342D-6, 342D-50, 342E-3)
6 2- 26§11-62-10 §11-62-09 Public access to information. (a) The following information is available for public inspection: (1) The name and address of any person seeking or obtaining registration, an individual permit, or department approval for use of an individual wastewater system; and (2) Registration information and forms, registrations, individual permit applications and permits, department approval for use of an individual wastewater system, sludge and effluent data, and reports required to be submitted under this chapter. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms. (b) This section is not intended to limit chapter 92F, HRS, or any other law requiring the disclosure of information. (c) Applications for request for public information regarding wastewater system shall be made in writing on forms furnished by the director. At a minimum, the application shall identify where the wastewater system is, including when possible the applicable street address to and tax map key of the lot, and a mailing address which the information is to be sent. [Eff and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§91-2, 92-21, 342D-4, 342D-5, 342D-14) (Imp: HRS §§91-2 , 92-21 , 342D-2, 342D-4, 342D-5, 342D-6, 342D-14, 342D-55) §11-62-10 Public hearings and informational meetings. (a) The director may hold a public hearing in the director 1 s discretion, when such a hearing may help the director's decision on a matter regulated by this chapter or for another reason which the director considers to be in the public interest. (b) The director may hold a public informational meeting when the director considers it to be in the public interest . [Eff and comp 12/09/04; comp 62 - 27 ,, 17 6
§11-62-11
MAR 21 2016 ] {Auth: HRS §§342D-4, 342D-
s, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-
6, 342D-57; 40 CFR Part 501, §501.lS{d) (7))
§11-62-11 Incorporation by reference.
Appendices A through E, dated July 1 1 2014, located at
the end of this chapter, are made a part of this
chapter. [Eff and comp 12/09/04; am and comp
MAR 21 2016 ] (Auth : 342D-4, 342D-5) (Imp:
342D-4 , 342D-5, 342D-6)
§11-62-12 Timely processing . (a) This section
applies to applications for a permit, license,
certificate , or any form of approval required under
this chapter.
{b) The director shall approve, approve wi th
conditions, or deny a complete application and notify
the applicant accordingly within one hundred eighty
days of the receipt of the complete application.
Otherwise, the application is deemed automatically
approved on the one hundred eighty-first day .
{c) The director shall determine and notify an
applicant of the completeness or deficiency of an
application covered by this section, including payment
of required fees, within forty-five days of rece i pt of
the application. Failure by the applicant to provide
additional information, pay the fees, or correct a
deficiency for completeness of the application is
sufficient ground to suspend or terminate a review of
the application. The director shall determine and
notify an applicant of the completeness of a revised
application covered by this section, including payment
of required fees, within thirty days of receipt of the
revised completed application.
{d) Notice to the applicant shall be complete
upon mailing, facsimile transmission, or electronic
mail transmission .
{e) The period for the director's action
includes all ca l endar days, but if the period ends on
a Saturday, Sunday, or state holiday, the period
extends to the next working day .
62-28
~176 , J§11-62-23.1 (f) The one hundred eighty day period for the director's action under subsection (b) applies to the director's initial decision and notice. The initial decision and notice do not become untimely if later there is a reguest for hearing, an actual hearing, a lawsuit, or other challenges to the initial decision which prevents it from becoming final. (g) The time for the d i rector ' s action and notice to the applicant shall be extended when allowed by section 91-13.5, HRS. (h) Any action taken and any wastewater system or sludge facility built, modified, or operated under an automatic approval shall comply with all applicable reguirements of this chapter, and the automatic approval is effective for a period of one year. [Eff 10/21/00; comp 12/09/04; am and com MAR 21 2016 J (Auth: HRS §§91-13.5, 322-11, 322-8(a), 342D-4, 342D- 5 ) ( I mp : HRS § 91-13 . 5 ) §11-62-21 §11-62-22 §11-62-23 SUBCHAPTER 2 WASTEWATER TREATMENT WORKS REPEALED [R 8/30/91] REPEALED [R 8/30/91] REPEALED [R 8/30/91) §11-62-23.1 Specific requirements for wastewater treatment works. (a) In addition to the requirements of section ll-62-08(b), the following documents shall be submitted to the director prior to approval to construct the treatment works: (1) A written declaration signed and dated by the engineer that the proposed treatment works was designed to meet all applicable 62-29 1317 6
3176 11 §11-62-23.1 effluent requirements of sections 11-62-26 and 11-62-27; and (2) Certification by the owner of a proposed treatment works that the treatment works shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to subsection (d) (2). The owner shall certify that the operation and maintenance manual shall be available to the operator of the treatment works and shall further certify that, upon sale or transfer of ownership of the treatment works, the sale or transfer will include construction drawings, equipment manuals, operational data collected, and the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual . (b) All treatment works shall be provided with a continuous effluent flow measuring device such that daily wastewater flow can be determined. For treatment works with design flows equal to or greater than 100,000 gallons per day, the continuous effluent flow measuring device shall include recording equipment to totalize or chart daily flows . (c) Unless otherwise specified by the director, the following distance requirements apply to all treatment works : (1) Treatment units , except as provided in paragraph (3), shall not be less than twenty-five feet from any property lines nor less than ten feet from any building and swimming pools; (2) Disposal systems, excluding effluent irrigation systems, shall not be less than five feet from a property line nor less than five feet from any building; and (3) Completely enclosed, locked, and ventilated equipment rooms used to house items such as blowers, motors, pumps, electrical controls, and chemical feeders shall not be less than 62-30
§11-62-23.1 five feet from property lines or less than ten feet from dwelling unit(s). (d) No person shall operate a treatment works unless the following documents are provided: (1) A written declaration signed and dated by the engineer responsible for the preparation of the operation and maintenance manual for the treatment works, that the operation and maintenance manual meets paragraph (2) and that if the treatment works is operated in accordance with the manual, all applicable effluent requirements will be met; and (2) An operation and maintenance manual prepared by the engineer. The manual as a minimum, shall provide the details on the following: (A) Operation and maintenance instructions for each pump station and treatment unit or process under normal and emergency conditions such as power outage and equipment malfunction; (B) Operation and maintenance instructions for the disposal system including procedures for purging or chemical "shock loading" to prevent or eliminate biological growth in the subsurface disposal system; (C) List of required sampling frequencies and analyses to be conducted by the operator; (D) Troubleshooting, corrective, and preventive measures to be taken to maintain process control and treatment performance; (E) Start-up procedures; (F) Applicable state effluent requirements; (G) Instructions on wasting and disposal of wastewater sludge; (H) Manpower requirements needed to operate and maintain the treatment works; (I) List of critical parts of the treatment works; (J) 11 As-built 11 drawings of the treatment works; 62-31 1317 6
§11-62-23.1 (K) List of required daily activities , checks, and observations; (L) Logs or report forms for al l operation and maintenance activities performed; (M) Flow schematic diagrams with details of piping and valving; (N) Plot plan of the treatment works and Project site including all collection lines and equipment; (0) Details on all safety equipment at the treatment works site, any applicable spare parts, maintenance, and operation instructions; and (P) Details on all monitoring equipment including spare parts, maintenance, and ope r ating instructions. (e) No person shall operate a treatment works until it has been inspected to the director ' s satisfaction and the d i rector has authorized in writing the use of the treatment works. (1) The owner ' s engineer shall inspect the treat ment works and submit to the director a final inspection report stating whether the wastewater treatment works has been constr u cted according to the submitte d plans approved by the director and identify i ng any discrepancies and their resolutions. Any discrepancy between the constructed treatment works and the approved plans is sufficient reason to withhold approval to operate the treatment works. (2) Before operation of the treatment works, the owner shall resolve all discrepancies. (3) Any changes to the approved plan shall be resubmitted to the director for approv a l before the final inspection . (4) The inspection shall not be considered final until the constructed treatment works conforms to the approved plans. (f) After the first year of operation, the owner's engineer shall submit t o the director a written statement based on results of actual sampling and professional judgment of whether or not the 62-32
§11-62-23.1
treatment works is meeting and at the design flow will
meet the applicable effluent requirements of sections
11-62-26 and 11-62-27. If the treatment works is not
meeting the applicable effluent requirements, the
owner 1 s engineer shall submit to the director
a corrective action report containing:
(1) An analysis of the cause of the treatment
works 1 failure to meet the effluent
requirements and an estimate of the scope of
the corrective action necessary to enable
the treatment works to be in compliance;
(2) A schedule for undertaking the corrective
actions; and
{3) A date by which the treatment works shall be
in compliance with the applicable effluent
requirements.
{g) Treatment works shall be designed with
safety in mind and comply with appropriate provisions
of the Occupational Safety and Health Standards of the
State of Hawaii, Department of Labor and Industrial
Relations.
(h) Upon abandoning, retiring, or pe,rmanently
discontinuing use of a treatment works, the owner
shall render it safe by removing it or filling it
completely with earth, sand, gravel, or similar non -
organic matter . All above ground portions of the
treatment works shall be rendered safe and vector
free. Electrical components shall be disconnected at
the circuit breaker or source and all access openings
sealed. Injection wells shall be abandoned in
accordance with chapter 11-23.
{i) For public wastewater treatment works, a
facility plan shall be initiated when the actual
wastewater flow reaches 75 per cent of the design
capacity of the wastewater treatment works.
Implementation of the recommendation of the facility
plan shall be initiated when the actual wastewater
flow reaches 90 per cent of the design capacity of the
wastewater treatment works.
(j) The owner or operator shall provide standby
power for all lift stations to prevent unauthorized
discharges of wastewater during a primary power
outage.
62-33
1317 61) 1 7 6
§11-62-23.1
(k) For all treatment works which produce
recycled water, the director shall be guided by the
requirements of subchapter 1, other applicable
sections of this subchapter, and the Reuse Guidelines
for all decisions on production of recycled water.
[Eff B/30/91; am and comp 12/09/04; am and comp
MAR 2 1 2016 ] (Auth: HRS § §321-11, 342D-4,
3 4 2 D- 5 ) ( I mp : HRS § § 3 21-11 , 3 2 2 -1 to 3 2 2 - 4 , 3 2 2 - 8 ,
342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-24 Treatment unit requirements. (a) For
private wastewater treatment works of required design
capacities of less than 100,000 gallons per day:
(1) For sludge digesters or aerated sludge
holding tanks constructed after December 10,
1988, the sludge digesters or aerated sludge
holding tanks shall treat and store at least
the amount of sludge generated over a twenty
day period;
(2) Except for subsurface disposal systems,
continuous disinfection of the treated
effluent shall be provided for treatment
works unless otherwise approved or ordered
by the director;
(3) For aeration tanks constructed after
December 10, 1988 , the aeration tank loading
shall not exceed 12 . 5 pounds of BODs per
1,000 cubic feet . For the sequencing batch
reactor process , food to microorganism (F/M)
ratios shall be between 0.05 and 0.10;
{4) For final settling tanks constructed after
December 10 , 1988, the detention time for
final settling tanks shall not be less than
four hours and the surface overflow rate
shall not exceed 300 gallons per day per
square foot based on the average daily flow;
(5) For treatment works constructed after
December 10, 1988, flow equalization shall
be provided unless the engineer submits
written justification that changes in normal
daily flow rate or seasonal occupancy rates
62-34§11-62-24 shall not affect the treatment unit's ability to meet continuous compliance with the effluent requirements of sections 11-62- 25, 11-62-26, and 11-62-27; (6) For treatment works constructed after December 10, 1988, easy access shall be provided for operators to allow necessary operation, maintenance, and repair. Completely enclosed treatment units with unexposed water surfaces and equipment shall not be allowed unless the design engineer can satisfy the director that provisions have been included to eliminate confined space work areas and to allow accessibility for necessary operation, maintenance, and repair, and replacement; and (7) For all treatment units utilizing gas chlorination for disinfection, the following equipment shall be provided: chlorine gas leak detector and alarm, self contained breathing apparatus, chlorine gas mask, warning signs, and an emergency eyewash and shower. (b) New and proposed private wastewater treatment works of required design capacity greater than or equal to 100,000 gallons per day and new and proposed county wastewater treatment works shall comply with the design standards of their respective counties. If a county does not have wastewater treatment works design standards, then the design standards of the City and County of Honolulu shall be used. (c) Private wastewater treatment works with design flows greater than or equal to 100,000 gallons shall have solids dewatering equipment included in the facility design. [Eff 12/10/BB,. am B/30/91; am and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§321-11, 342D-4, 342D-S) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50} 62-35 317 6
1 317 6 t i
§11-62-25
§11-62-25 Wastewater eff l uent disposal systems .
{a) New and proposed effl u ent disposa l systems .
(1) Effluent disposal systems shall at least
consist of a primary disposal component and
a separate 100 per cent back-up disposal
component .
{2) The primary disposal component and the back-
up disposal component shall each be designed
to handle the peak flow. The peak flow
shall be determined in accordance with the
design standards of the i r respective county.
If a co u nty does not have design standards,
the design standards of the City and County
of Honolulu sha l l be used. Other means of
determining the peak f l ow, as recommended by
the design e n gineer , may be approved by the
director.
(3) Each disposal component shall be tested to
accommodate the wastewater flow as required
in paragraph (2).
(b) For t reatment works utilizing subsurface
disposal systems, design data and other pertinent data
shall be submi t ted to and approved by the director on
a case-by-case basis. Decisions by the director shall
be guided by subchapter 1 and other applicable
sections of this subchapter.
(c) All wastewater effluent disposal systems
shall include provis i ons to facilitate operation ,
maintenance, and inspection .
{d) All wastewater subsurface effluent disposal
systems and injection wells shall include provisions
for purging and chemical " shock loading" . [Eff
12/10/88 1 am 8/30/91; am and comp 12/09/04; am and
comp MAH 2 1 2016 ] (Auth: HRS §§321-11, 34 2 D-4,
342D-5) (Imp: HRS §§321-11 , 322-1 to 322 - 4, 322-8,
342D-2, 342D-4, 342D - 5, 342D-6, 342D-50)
§11 - 62-26 Wastewater effluent requirements,
recycled water quality, monitoring, and reporting
requirements applicable to treatment works treating
domestic wastewater. {a) All treatment works shall
meet the applicab l e requirements of this section .
62-36§11-62-26 Nothing in this section shall be construed to prevent the engineer from applying more stringent requirements if the engineer determines that the particular design and circumstances for which the engineer is responsible warrants the more stringent requirements. (b) Treatment works' effluent and other parameters shall be monitored as follows and shall not exceed the following limits: (1) Biochemical oxygen demand (BOD 5). (A) For wastewater treatment works excluding wastewater pond systems with average daily flows greater than or equal to 100,000 gallons per day, the owner or operator shall perform composite sampling at least weekly. (B) For wastewater treatment works with average daily flows less than 100,000 gallons per day, the owner or operator shall perform grab sampling at least monthly. (C) For wastewater pond systems with average daily flows greater than or equal to 100,000 gallons per day, the owner or operator shall perform grab sampling at least weekly. (D) The BODs in the effluent from a treatment works shall not exceed 30 milligrams per liter based on the monthly average of the results of the analyses of composite samples. (E) The BODs in the effluent from a treatment works shall not exceed 60 milligrams per liter based on a grab sample. (2) Suspended solids. (A) For wastewater treatment works, except for wastewater pond systems, with average daily flows greater than or equal to 100,000 gallons per day, the owner or operator shall perform composite sampling at least weekly. 62-37 ,176
3176 ' 4 §11-62-26 (B) For wastewater treatment works with average daily flows less than 100,000 gallons per day, the owner or operator shall perform grab sampling at least monthly. (C) For wastewater pond systems with average daily flows greater than or equal to 100,000 gallons per day, the owner or operator shall perform grab sampling at least weekly. (D) The suspended solids in the effluent from a treatment works shall not exceed 30 milligrams per liter based on the monthly average of the results of the analyses of composite samples . (E) The suspended solids in the effluent from a treatment works shall not exceed 60 milligrams per liter based on a grab sample. (3) Owners or authorized agents shall submit suspended solids and BODs lab data to the director no later than thirty days after the last day of June and December, unless the data is already being submitted to the Department under an NPDES permit by a public agency. (4) The dissolved oxygen, pH, and 30 minutes settleability of the contents of the aeration tank shall be sampled and analyzed at least weekly. (5) Effluent chlorine residual, if any, shall be sampled and analyzed at least weekly. (6) Total daily flow shall be monitored at least weekly. (7) The vo l ume of wastewater sludge wasted, the solids concentration of wastewater sludge wasted, the name of the wastewater sludge pumping and hau l ing firm, and the dates of pumping and hauling, if applicable, shall be recorded. (8) The operator shall maintain a log book or records which shall include but not be limited to: the date and time of operator 62-38
§11-62-26
entry, operating conditions, process control
testing performed, and any servicing or
preventative maintenance done while at the
wastewater treatment works.
{9) Alternative effluent limitations as
permitted by EPA regulations, {40 CFR 125
and 40 CFR 133), relating to the definition
of secondary treatment or other industrial
categories, may be utilized by the director.
{10) For the purposes of this section, the
arithmetic average of the results of the
analyses of composite samples shall be based
upon one or more analyses made within a 30
consecutive calendar day period. The
arithmetic average shall be the sum of the
results of all analyses divided by the
number of analyses made during the 30
consecutive calendar day period.
{11) For the purposes of this section, composite
samples shall consist of at least eight
sample aliquots, collected at periodic
intervals during the operating hours of the
facility over a 24-hour period. The
composite sample must be flow proportional;
either the time interval between each
aliquot or the volume of each aliquot must
be proportional to either the stream flow at
the time of sampling or the total stream
flow since the collection of the previous
aliquot. Aliquots may be collected manually
or automatically.
{c) In addition to subsection (b), treatment
works producing R-1 water or R-2 water for recycled
water systems shall provide continuous disinfection of
the effluent as specified below unless otherwise
specified by the director.
(1) R-1 water disinfection requirements.
(A) For chlorine disinfection process. The
disinfection process shall provide a CT
(the product of total chlorine residual
and modal contact time measured at the
same point) value of not less than 450
milligrams-minutes per liter at all
62-39
3176§11-62-26
( 2)
(B)
R-2
(A)
(B)
times with a modal contact time of at
least ninety minutes based on peak dry
weather design flow; or
For non-chlorine disinfection
processes. The disinfection process
shall demonstrate to the director's
satisfaction the inactivation
and removal of 99.999 per cent of the
plague forming units of F-specific
bacteriophage MS2 or polio virus in the
wastewater.
water disinfection requirements .
For chlorine disinfection processes.
(i) A theoretical contact time of
fifteen minutes or more and an
actual modal time of ten minutes
or more throughout which the
chlorine residual is 0.5
milligrams per liter or greater ;
and
(ii) Automatic con t inuous measuring and
recording of chlorine residual
shall be provided. Th e ch lorine
facilities s h all have adequate
capacity to maintain a residual of
2 milligrams per liter .
For non-chlo r ine disinfection
processes.
(i) The disinfection proc e ss shall
demonstrate to the director's
satisfaction the ability to meet
the requirements o f s u bsect i on
(d) ( 2) ; and
(ii) Automatic controls shall be
provided to conti nu ously measure
and record disinfection dosage and
residuals, if any.
(3) Monitoring shall be by grab samples that
shall be taken at a point foll o wing
disinfection.
{d} In addition to subsections (b } and (c),
treatment works producing R-1 water or R-2 water for
recycled water systems shall meet the following daily
62-40§11-62-26 fecal coliform requirements unless other sampling frequencies are approved by the director. Monitoring shall be by grab samples that shall be taken at a point following disinfection. (1) R-1 water. (A) The median density measured in the disinfected effluent shall not exceed 2.2/100 milliliters using the bacteriological results of the last seven days for which analyses have been completed; (B) The density shall not exceed 23/100 milliliters in more than one sample in any thirty day period; and (C) The density in any one sample shall not exceed 200/100 milliliters. (2) R-2 water. (A) The median density as measured in the disinfected effluent shall not exceed 23/100 milliliters using the bacteriological results of the last seven days for which analyses have been completed; and (B) The density of shall not exceed 200/100 milliliters in more than one sample in any thirty day period. (e) In addition to subsections (b) through (d), treatment works producing R-1 water for recycled water systems shall provide continuous turbidity monitoring and recording prior to the filtration process and at a point after the filters and before application of the disinfectant. The R-1 water shall meet the following turbidity limits: (1) For filtration systems utilizing sand or granular media, cloth, or other synthetic media, the turbidity shall not exceed any of the following: (A) An average of two nephelometric turbidity units (NTU) within a twenty- four hour period; (B) S NTU more than five percent of the time within a twenty-four hour period; and 62-41 0176
§11-62-26
{2) {C) 10 NTU at any time.
For filtration systems u t ilizing membrane
filtration, the turbi d ity shall not exceed
any of the following:
{A) 0 .2 NTU more than five percent of the
time within a twenty-four hour period;
and
{B)
(f) When
R-1 facilities
shall apply:
0.5 NTU at any time.
using media filtration for existing
the following performance criteria
(1) The design UV dose sha l l be at least 100
mJ/cm 2 under maximum daily flow; and
(2) The filtered UV transmittance shall be 55
percent or greater at 254 nanometers (nm).
(g) When using membrane filtration for existing
R-1 facilities , the following pe r fo r mance criteria
shall apply:
{1) The design UV dose shall be at least 80
mJ/cm2 under maximum daily flow; and
{2) The filtered effluent UV transmittance shall
be 65 percent or greater at 254 nm .
{h) The minimum acceptable design requirements
and commissioning of new UV disinfection systems shall
comply with the Ultraviolet Disinfection Guidelines
for Drinking Water and Water Reuse, Third Edition,
2003, published by the National Water Research
Institute.
(g) The analysis, including the handling and
preservation of samp l es, to determine compliance with
effluent requirements shall be performed in accordance
with Standard Methods or EPA's Methods for Chemical
Analysis of Water and Wastes. The director may
approve alternative methods for analyzing the effluent
limits of this section . The alternative test methods,
when approved ~ may be used by the director to
determine compliance with effluent limits as stated in
this rule. [Eff 12/10/88, am 8/30/91; am and comp
12 / 09 / 04; am and comp MAR 2 1 2016 ] (Auth : HRS
§ § 3 21-11 , 3 4 2 D- 4 , 3 4 2 D- 5 ) ( I mp : HRS § § 3 21 -11 , 3 2 2 -1
3176 ff
to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-
50)
62-42§11-62-27 §11-62-27 Recycled water systems. (a) No recycled water system shall be constructed, used, or modified without written approval by the director. (b) In reviewing recycled water systems and in addition to this chapter, the director shall be guided by the Reuse Guidelines. (c) Before using recycled water, the owner of the recycled water system shall submit to the director the following information: (1) Name, address, and phone number of the owner and party responsible for the application of recycled water at the site (if different from the owner); (2) Clear identification of the people who will actually operate and maintain the system, if different from paragraph (1); (3) Detailed site information on the water recycling application site and its surroundings, including site name, address, and tax map key number(s), a map indicating specific areas of use, areas of public access, surrounding land use, location of all wells within a one-fourth mile radius, description of nearest housing or public area, setbacks, general location of existing and proposed water and sewer lines, the direction of drainage with a description of how the drainage will flow, and the depth to groundwater underlying the irrigated area with a description of the ground water quality; and (4) Information sufficient to show compliance with the requirements of subsection (h), and identification of best management practices. (d) Before using recycled water, the owner of the recycled water system shall also submit to the director for approval an engineering report or recycled water application. The report or application form shall include the following information and shall clearly identify all best management practices to be implemented: (1) An irrigation use plan that includes information on application rates, intended 62-43 ~176
§11-62-27 uses , and schedules for recycled water use. The irrigation use plan shall also include information on types of vegetation, types and methods of irrigation, proposed irrigation schedules, vegetative consumption rates, water balance calculations, nutrient balance calculations, and the corresponding acreage to be used for irrigation; (2} An overflow control plan that includes detailed best management practices to control or minimize runoff or ponding or recycled water; (3} A management plan that includes establishment and delineation of the responsibilities of operation and maintenance of the recycled water system; (4) A public information and access plan, to minimize public contact with the recycled water, that includes methods to adequately inform the public that recycled water is being used and that the recycled water is unfit for human consumption; and methods to control public access to the recycled water system and areas of recycled water use ; (5} A labeling plan to distinguish piping and appurtenances which carry or contain recycled water from those for potable water ; (6) An employee training plan that describes the training that the employees will receive to ensure compliance with this chapter and any other features specified by the director; (7) A vector control plan (if applicable); and (8) A groundwater monitoring plan (if applicable}, including formulation of a strategy for the observation and surveillance of groundwater for possible sources of pollution . (e) For existing users of recycled water, the owner of the recycled water system shall submit the information and plans required in subsections (c) and (d), except for the information contained in subsection (d) (1) regarding the vegetative consumption 62 - 44
§11-62-27 rates and water balance, and subsection (d) (8) regarding groundwater monitoring. For users of non R-1 recycled water spray irrigation systems, the owner shall also describe the methods and controls used to ensure that public contact with aerosols are minimized. (f) For new users of recycled water obtaining access to an existing recycle water system, the user shall submit the information and plans required in subsections (c) and (d), except for the information contained in (d) (1) regarding vegetative consumption rates and water balance, and subsection (d) (8) regarding groundwater monitoring. For users of non R-1 recycled water spray irrigations systems, the owner shall also describe the methods and controls used to ensure that public contact with aerosols are minimized. (g) For recycled distribution water systems, the owner of the recycled water distribution system shall submit an engineering report or recycled water application containing the following information: (1) Name, address, and phone number of the owner and party responsible for the recycled water distribution system (if different from the owner); (2) Information about the treatment works supplying the recycled water, including the name, address, tax map key number, and owner's name; (3) Maps showing the location of distribution system layout. also include the location of sewer lines; the The maps shall all water and (4) A labeling plan to distinguish piping and appurtenances which carry or contain recycled water from those for potable water; and (5) A description of how the distribution system complies with this chapter and the Reuse Guidelines. (h) The engineering report or application required in subsection (d), (e), (f), or (g) plus any other submittals shall contain sufficient information 62-45 0176
§11-62-27
to assure the director that the degree of treatment
and reliability is commensurate with the proposed use,
that the distribution and use of the recycled water
will not create a health hazard or nuisance, and that
the director is able to make decisions in accordance
with subsection {b) .
(i) For recycled water systems that use recycled
water, the owner of the recycled water system shall
operate the system in accordance with the requirements
of this chapter and to the maximum extent practicable
shall:
{1) Irrigate at a rate not greater than the
plants use it;
{2) Minimize recycled water runoff and ponding
on the ground ;
{3) Post signs or other devices warning the
public not to drink, swim, or otherwise come
into contact with the recycled water ;
(4) Keep the public away from the areas being
irrigated with recycled water;
(5) Clearly mark pipes, tanks, valves , and
equipment used in recycled water use systems
such that they are easily differentiated
from potable water systems ;
{6) Provide training to employees such that they
are aware of this chapter and any conditions
the director imposed on the recycled water
use system;
{7) Provide control measures to minimize vector
nuisances ; and
{8) Monitor groundwater as required by the
director.
( j) The owners of new, proposed, or modified
recycled water systems, where applicable, shall
provide adequate storage basin{s) or a backup disposal
system t o prevent any overflows or discharges from the
system when the irrigation system is not in operation
or when recycled water quantities exceed the
irrigation require ments .
(k) Spills, overflows , and discharges ( 11 spills11 )
of recycled water shall be responded to as required by
section ll-62-06 (f ) and (g) and Appendix B, entitled
62-46
1 31 7 6 , '§11-62-28
Responses for Wastewater Spills, Overflows, and
Discharges ("Spills"), dated July 1, 2014.
(1) For recycled water systems, the owner or the
owner's duly authorized agent, unless otherwise
directed, shall report the following information to
the director:
(1) The volume of recycled water used, the
volume of recycled water stored, the volume
and location of any recycled water spills,
and details on the irrigated areas,
including water budgets, precipitation,
evaporation, application rates, and
monitoring of best management practices; and
(2) Reported information shall be submitted by
February 19 of each year and shall be in a
monthly summary format for the preceding
calendar year unless otherwise specified or
agreed to by the director. [Eff and comp
12/09/04; am and comp MAR 2 I 2016
(Auth: HRS §§321-11, 342D-4, 342D-5) (Imp:
HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2,
342D-4, 342D-5, 342D-6, 342D-50; 33
U.S.C. §§1311, 1342; 40 CFR Parts 122, 123)
Historical note: §11-62-27 is based substantially
upon §11-62-25 (b) (1), (b) (2), and (c). [Eff 12/10/88;
am and comp 8/30/91)
§11-62-28 Additional monitoring, recordkeeping,
and reporting. (a) The owners of treatment works or
the owners' duly authorized agents shall maintain
complete records of operation and maintenance,
repairs, replacements, and improvements performed or
installed at the treatment works.
(b) The monitoring results, reports, and all
records required in sections 11-62-26 and 11-26-27,
this section, and Appendix B, entitled Responses for
Wastewater Spills, Overflows, and Discharges
( 11 Spills 11 ), dated July 1, 2014, located at the end of
this chapter shall be kept on site and available for
the director's inspection for at least two years and a
copy made available to the director without charge
62-47
,317 6317 6 · ,H
§11-62-31.1
upon the director's request. [Eff and comp 12/09/04;
am and comp MAR 2 1 2016
§§321-11, 342D-4, 342D-5) rrmp:
to 322-4, 322-8 , 342D - 2, 342D-4,
§§11-62-29 {Reserved)
] {Auth: HRS
HRS §§321-11, 322-1
342D-6, 342D-50)
SUBCHAPTER 3
INDIVIDUAL WASTEWATER SYSTEMS
§11-62-31 REPEALED [R B/30/91]
§11-62-31.1 General requirements for individual
wastewater systems. (a) Individual wastewater
systems may be used as a temporary on-site means o f
wastewater disposal in lieu of wastewater treatme nt
works under the following cond i tions:
{1) Developments involving dwellings.
(A) There shall be 10,000 square feet of
land area for each individual
wastewa t er system;
(B) Total development of an area shall not
exceed fifty single family residential
lots or exceed fifty dwe l ling units
except for developments consisting of
one dwelling unit per acre or greater;
(C} Area of the lot shall not be less than
10, 0 00 square feet , except for lots
cre a ted and recorded before August 30,
1991. For lots less than 10,000 square
feet which were created and recorded
before August 30, 1991, only one
individual wastewater system shall be
allowed.
{D) The tota l wastewater flow into one
indivi du al wastewater system shall not
exceed one thousand gallons , and one
62-48§11-62-31.1
individual wastewater system shall not
serve more than five bedrooms, whether
they are in one dwelling unit or two.
(2) Developments involving buildings other than
dwellings.
(A) There shall be 10,000 square feet of
usable land area for each individual
wastewater system. Usable land area
shall not include the area under
buildings;
(B) The total wastewater flow of the
development shall not exceed 15,000
gallons per day;
(C) Area of the lot shall not be less than
10,000 square feet except for lots
created and recorded before August 30,
1991. For lots less than 10,000 square
feet which were created and recorded
before August 30, 1991, only one
individual wastewater system shall be
allowed; and
· en) The total wastewater flow into each
individual wastewater system shall not
exceed one thousand gallons per day.
(b) Whenever an individual wastewater system is
allowed under subsection {a), the following shall
apply:( 1)
{ 2)
The director may allow an individual
wastewater system other than a cesspool to
be used for two dwelling units which may or
may not be located within the same building,
provided that:
(A) Both of the dwelling units are located
on the same single family residential
lot; and
(B) The individual wastewater system used
shall meet the current requirements of
this chapter.
A building may use more than one individual
wastewater system where each individual
wastewater system shall connect to a single
dwelling unit.
62-49
317 6§11-62-31 . 1 (3) For buildings without any dwelling units: (A) More than one indivi d ual wastewater system may be used provided that the building is owned by one person; or (B) Upon the director ' s discretion, buildings may connect to one individual wastewater system other than a cesspool provided the buildings are located on the same lot and the buildings generate wastewater of similar strength and character. (4) For buildings , other than dwellings with highly variable wastewater flow rates, such as but not limited to schools, parks, and churches, the individual wastewater system excluding cesspools may exceed a design flow rate of 1000 gallons per day; provided that the density does not exceed 1000 gallons per day per 10,000 square feet of useable land area and the development is owned by one person. (c) The director may require the installation of dry sewers as a condition of approval of proposed individual wastewater systems where: (1) Public sewers exist but are at capacity such that connection is prohibited but remedial actions have been initiated to increase the public sewer capacity; (2) Public sewers exist, but the treatment and disposal system is not complete or operational; (3) Design of the public sewers has been completed and construction of the public sewers is imminent; or (4) Conditions warrant such requirements. (d) No cesspool shall be u s ed as the wastewater system by any new building . No new cesspools shall be constructed after the effective date of this rule unless they have been approved for construct i on before the effective date of this rule. 62-50
§11-62-31.1 (e) Before the approval of the operation of an individual wastewater system excluding cesspools, the following requirements shall be satisfied: (1) An operation and maintenance manual developed pursuant to section 11-62- 23.l(d) (2) as applicable shall be submitted and approved by the director; and (2) The owner of the individual wastewater system shall certify that the individual wastewater system shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to paragraph (1). The certification shall include a statement that upon sale or transfer of ownership of the individual wastewater system, the sale or transfer will include the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual. (f) No person shall use an individual wastewater system until authorized in writing by the director. (1) Written approval to use an individual wastewater system shall be issued if: (A) The owner resolves all discrepancies recorded as a result of any inspections conducted. (B) The engineer furnishes a final inspection report to the director within thirty days after the completion of the construction which provides the following information: (i) A certification that the individual wastewater system was constructed and installed in accordance with the approved plans and specifications or that changes made to the approved plans and specifications are accepted by the engineer; and (ii) An 11 as-built 11 plan of the individual wastewater system; and 62-51 317t
§11-62-31.1 (2) The director may inspect the individual wastewater system or its site at any time before approving the system and may require advance notice of the engineer's inspection. (g) A graywater system shall be designed in accordance with Chapter 3-183. (h) Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system. (i) Wastewater into an individual wastewater system from buildings other than dwellings shall meet the pretreatment standards and local pollutant limits as set by the respective county . If the county does not have any local pollutant limits, the local limits as set forth by the City and County of Honolulu shall be used. (j) Certification of a qualified cesspool . A taxpayer seeking a cesspool upgrade, conversion, or connection income tax credit must obtain a certification by the director indicating: that t he cesspool l ocation makes it eligible to be a qualified cesspool ; that the cesspool upgrade has been completed consistent with this rule and plans prepared by a licensed engineer; and the total dollar amo unt the taxpayer paid for the cesspool upgrade. The director may issue such certification only where the direc t or has received : (1) A certification from a licensed contractor or licensed engineer that the cesspool is loca t ed within 200 feet of a shoreline, perennial s tream, or wetland . Certifications are not required for properties that are located in their entir et y within 200 feet of a shoreline, perennial stream, or wetland. The director shall certify as qualified all cesspools that are located within a source water assessment area (two year time of travel from a cesspool to a public drinking water source); (2) Design plans prepared by a licensed engineer for a sewer connection or individual wastewater system that complies with this chapter; (3) Certification by a l icensed contractor of closure and fi l ling of the cesspool and completion of 62-52
§11-62-31.2 an upgrade, either sewer connection or installation of an individual wastewater system that complies with this chapter; and (4) A licensed engineer's final construction inspection report with photos and as built plans and certifying that the system was constructed in accordance with design plans and this chapter. The director will review submitted documentation and provide certification to the taxpayer and the Department of Taxation of any qualified cesspool. (k) Certification of qualified expenses. The director will determine all qualified expenses for the tax credit. The taxpayer seeking a tax credit shall submit to the director all receipts of payments made to engineers and installers for the design, completed installation and final construction inspection for the cesspool upgrade along with the appropriate form as directed by the Department of Taxation. The director will notify the taxpayer and the Department of Taxation of the amount of the tax credit allowed for the tax year by noting the same on the form and affixing the signature of the director or the director's designee thereto. (1) If the annual amount of the certified credits reaches $5,000,000 in the aggregate, the director shall immediately discontinue certifying credits for that year and notify the Department of Taxation. Any taxpayer who is not eligible to claim the credit in a ta~able year due to the $5,000,000 cap having been exceeded for that taxable year shall be eligible to claim the credit in the subsequent taxable year, except if the $5,000,000 cap was exceeded in 2020 and no additional credits are available. [Eff 8/30/91; am and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50) §11-62-31.2 Site evaluation. (a} The site evaluation shall be performed by the engineer. (b) The site shall be evaluated for depth of permeable soil over seasonal high groundwater, 62-53 317 6
"317 6 ....u §1 1 -62-31.2 bedrock, or other limiting layer, soil factors, land slope, flooding hazard, and amount of suitable area available. (c) The minimum depth of the soil profile observation shall be at least five feet. If the engineer performs a preliminary observation at three feet, the engineer shall confirm the soil profile to five feet at the time of construction. (d) The following factors shall be evaluated and reported for a depth of at least three feet below the proposed absorption system: (1) Thickness of layers or horizons; (2) Texture of soil layers; (3) General color, and color variation (mottling} ; (4) Depth to water, if observed; (S} Depth to estimated seasonal high groundwater table; (6) Depth to and type of bedrock, if observed; and (7) Other prominent features such as structure, stoniness, and roots. (e) Percolation tests. (1) Soil percolation tests shall be conducted at a minimum depth of three feet. If at the time of construction, the soil profile at five feet is different than at three feet, another percolation test shall be performed at the depth of the bottom of the absorption system; (2) Percolation tests shall follow the falling head test procedure in Appendix C, entitled Falling Head Test Procedure, dated July 1, 2014, located at the end of this chapter; and (3} Additional percolation tests may be required to identify the existence of a limiting layer. 1 (f) The site evaluation information shall be reported on forms developed by the director. (g) If, during construction the actual site conditions differ from the site conditions upon which the wastewater system was approved, the design 62-54
§11-62-33.1
engineer shall revise the wastewater plans to reflect
the actual site conditions. The plans of the revised
wastewater system shall be submitted to the director
for approval pursuant to section 11-62-31.1 {f} . [Eff
B/30/91, am and comp 12/09/04; am and comp
MAR212016 ]{Auth: HRS §§321-11,
342D-4, 342D-5} (Imp: HRS §§321-11, 322-1 to 322-4,
322-8, 342D-2, 342D-4, 342D-5, 342D-50)
§11-62-32 Spacing of individual wastewater
systems. No individual wastewater system shall be
located at any point having less than the minimum
distances indicated in Table II attached to this
chapter in Appendix D, entitled Tables, dated July 1,
2014, and located at the end of this chapter unless
otherwise approved by the director. The minimum
distances indicated in Table II shall be measured from
the outer edge of each item. [Eff 12/10/88, am
8/30/91; am and comp 12/09/04; am and comp
UAR?. l 2p16 ] (Auth: HRS §§321-11,
342D-4, 34~D-~f Imp: HRS §§321-11, 322-1 to 322-4,
322-8, 342D-2, 342D-4, 342D-S, 342D-6, 342D-50)
§11-62-33.1 Specific requirements for new and
proposed treatment units. (a) Septic tank.
(1) All wastewater shall discharge into the
septic tank. Roof, footing, garage, surface
water drainage, cooling water, and graywater
disposed of in accordance with section 11-
62-31.l(g) (4) shall be excluded.
(2) Septic tanks shall meet the International
Association of Plumbing and Mechanical
Officials (IAPMO) material and property
standards for prefabricated septic tanks,
IAPMO ANSI Zl000-2013. Septic tanks shall
be approved and listed by IAPMO.
(3) Plans for cast-in-place septic tanks shall be
submitted with the application for the
individual wastewater system. The plans for
the septic tank shall be designed and
stamped by a licensed structural engineer
62-55
1317 6§11-62-33.1 and shall meet the IAPMO design specifications . (4) The following schedule shall apply to septic tank sizing: No. of Bedrooms Minimum Capacity (Gallons) 4 or less 1000 5 1250 (5) For wastewater flows greater than 1,000 gallons per day or five bedrooms, the formula: Minimum capacity gallons= 1,000 + (Q-B00)x 1.25, where Q=design flow, shall be used. (6) Concrete septic tanks shall be coated to protect the tank from leakage and corrosion by acceptable means. The coating shall cover the entire tank interior. (7) Manholes or removable covers to septic tanks shall be brought to grade . The cover shall be secured to prevent unauthorized entry or opening of the tank . (8) When septic tanks are installed in ground water or in clay soils with an expansive nature, the engineer shall design or provide adequate protection to prevent the tank from floating, moving , or crushing. (9) The excavation to receive the tank shall be large enough to permit the proper placement of the tank and backfill. Tanks shall be installed on a solid base that will not settle and shall be level. Where rock or other undesirable protruding obstructions are encountered, the bottom of the hole shall be excavated an additional six inches and backfilled with sand, crushed stone, or gravel to the proper grade. Backfill around and over the septic tank shall be placed in such a manner as to prevent undue strain or damage to the tank or connected pipes . (10) When a septic tank is installed under a driveway, parking lot, in a heavy saturated 62-56
§11-62-33 . 1 soil, or other areas subject to heavy loads, the tank shall be capable of withstanding an H-20 wheel load as defined by the American Association of State Highway Officials. (11) Effluent from a septic tank shall be discharged into a soil absorption system, sand filter, subsurface irrigation system as approved by the director, or other treatment unit approved for use by the director. (b) Household aerobic units. (1) All wastewater shall discharge into the household aerobic unit. Roof, footing, garage, surface water drainage, and cooling water shall be excluded. (2} Household aerobic units shall be approved by the director based upon the "Standard No. 40" for Class I units as set forth by the National Sanitation Foundation. The performance data shall have been obtained by an agency such as a university or an independent research laboratory acceptable to the director or from the National Sanitation Foundation (NSF) Testing Laboratory, Ann Arbor, Michigan. (3} Owners of proposed and existing household aerobic units shall have an active service contract for the proper maintenance of the aerobic unit and its disposal system with a certified operator or factory certified representative, and a copy of an active service contract shall be submitted annually to the department. The contract shall also include pumping service t o maintain the household aerobic unit. For proposed household aerobic units, a copy of an executed service contract shall be submitted prior to the final approval of the individual wastewater system. (4) As a minimum, the aerobic treatment unit service contract shall include the term of contract period (start and end dates) and the following requirements: 62-57 3176
§11-62-33 . 1 (A) Inspect all aerobic treatment unit equipment to ensure its proper operation at least every six (6) months ; (B) Provide regular maintenance of equipment as required by the manufacturer; (C) Verify the aerobic treatment unit is providing adequate mixing and aeration of the microbes; (D) Measure the depth or volume of sludge in the aerobic treatment unit every six months, and assess whether sludge removal by pumping is necessary. Provide sludge pumping, as needed . If pumping is necessary, record the depth of sludge or percentage of sludge volume in the ATU prior to pumping; and (E) Maintain a log of all service provided. (5) Effluent from an aerobic unit shall be discharged into a soil absorption system, sand filter, subsurface irrigation system as approved by the director, or other treatment unit or disposal system approved for use by the director. (6) In areas below (makai of) the Underground Injection Control Line established pursuant to chapter 11-23, where the vertical separation distance from the discharge to the seasonal high groundwater table is less than three feet, a new household aerobic unit may discharge its effluent into an elevated mound to achieve the vertical separation or drip irrigation system or, with a variance approved by the director and if the effluent is disinfected, to a seepage pit . Where water bearing formations are in danger of contamination, the director may require greater vertical separation. (c) Subsurface and recirculating sand filters shall be reviewed on a case-by-case basis by the director. [Eff 8/30/91; am and comp 62-58
§11-62-34
12/09/04; am and comp MAR 2 I 201'1 J
(Auth: HRS §§321-11, 342D-4, 342D-5) (Imp:
HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2,
342D-4, 342D-5, 342D-50)
§11-62-34 Specific requirements for new and
proposed disposal systems. (a) Absorption trenches.
(1) Location.
(A) Absorption trenches shall be located in
accordance with section 11-62-32.
(B) Absorption trenches shall not be
constructed in soils with a
percolation rate slower than sixty
minutes per inch or where rapid
percolation may result in contamination
of water-bearing formations or surface
waters.
(C) Absorption trenches shall be located on
the property to maximize the vertical
separation distance from the bottom of
the absorption trench to the seasonal
high groundwater level, bedrock, or
other limiting layer, but under no
circumstance shall the vertical
separation be less than three feet.
The director may require a greater
vertical separation where water-bearing
formations are in danger of
contamination.
{D) Absorption trenches shall not be
constructed in unstabilized fill.
(2) Design .
(A) The minimum absorption area for any
absorption trench system shall be based
upon a flow of 200 gallons per bedroom
per day and in accordance with Table
III located in Appendix D, entitled
Tables, dated July 1, 2014, and located
at the end of this chapter.
(B) The absorption area shall be computed
using the bottom area of the absorption
trench.
62-59
317 613176 11
§11-62-34
(C) Each absorption trench system shall
have a minimum of two trenches .
(D) Each distribution line shall be equal
in length.
(E) The maximum length of any one trench
shall be one hundred feet.
{F) Absorption trenches shall be at least
eighteen inches wide but no more than
thirty-six inches wide.
(G) The bottom of absorption trenches shall
be at least eighteen inches below the
finished grade.
(H) Gravity fed absorption lines and
trenches shall have a slope at the rate
of two to four inches per hundred feet .
(I) Absorption trenches shall not be
installed on land with a slope gradient
greater than twelve per cent.
(J) On rolling or sloping land, each
absorption trench shall approximate the
land surface contour .
(K) A distribution box or header shall be
installed between the treatment unit
and the absorption trenches .
(L) Each distr i bution line shall connect
individua l ly to the distribution box.
(M) If a header is used, there shall be an
equal number of distribution lines on
each side of the influent j unction . An
inspection port shall be provided on
the header and shall be brought to
grade and fitted with a screw type cap
or cover .
(N) If a distribution box is used, a
permanent inspect i on port with a
minimum interior diameter of six inches
shall be secured to the box cover,
brought to the finished grade , and
fitted with a screw type cap or cover.
(3) Materials.
(A) The engineer s hall be responsible for
the choice of materials used in the
soil absorpti o n system .
62-60§11-62-34 (B) Pipe used for distribution lines shall meet the appropriate ASTM standard or those of an equivalent testing laboratory . Fittings used in the absorption system shall be compatible with the materials used in the distribution lines. (C) Gravel or crushed stone shall be washed and shall range in size from three- fourths to two and one-half inches. (D) The material used to cover the top of the stone shall be a filter fabric material or equal. (4) Construction. (A} A distribution box or header shall be set level and arranged so that effluent is evenly distributed to each distribution line. Adequate provisions shall be taken to assure stability and provide access for inspection of the distribution lines. (B} The pipe connecting the distribution box to the distribution line shall be of a tight joint construction laid on undisturbed earth or properly bedded throughout its length . (C} If a header is used, it should be made of water-tight construction. (D} When the trenches have been excavated, the sides and bottom shall be raked to scarify any smeared soil surfaces. Construction equipment and other materials not needed to construct the system should be kept off the area to be used for the absorption system to prevent undesirable compaction of the soils . Construction shall not be initiated when the soil moisture is high. (E) At least six inches of gravel or crushed stone shall be placed in the bottom of the trench. 62-61 3176
B176
§11-62-34
(F) The distribution line shall be
carefully placed on the bedding at a
uniform slope and covered with at least
two inches of gravel or stone.
{G) The ends of the distribution lines
shall be capped or plugged.
{b) Deep absorption trenches. Deep absorption
trenches may be considered where the depth of suitable
soil is insufficient to permit the installation of a
conventional trench system due to the presence of a
limiting layer more than two feet in depth which
overlies suitable soils of sufficient thickness .
Requirements for location, design , slope, material,
construction , and dosing system design contained in
subsection {a) shall apply to deep absorption trenches
except for depth of construction. In addition, the
following design considerations shall apply:
(1) The site evaluation procedure shall include
soil profile observations of at least three
soil observation pits constructed to a
minimum depth of three feet below the
proposed trench bottom. Monitoring to
establish depth to seasonal soil saturation
or high groundwater may be considered i
{2) Deep absorption trenches shall be
constructed at least one foot into the
suitable soil ; and
(3) The distribution piping in deep absorption
trenches shall be installed with the invert
of the piping at a depth of not more than
thirty inches . Gravel or crushed stone
shall be placed from the bottom of the
trench excavation to a point two inches
above the top of the distribution piping .
(c) Absorption beds .
{l) Location.
{A) Absorption beds shall be located in
accordance with section 11-62-32 .
(B) Absorption beds shall not be
constructed in soils with a percolation
rate slower than sixty minutes per inch
or where rapid percolation may re s ult
62-62§11-62-34 in contamination of water-bearing formations or surface waters. (C) Absorption beds shall be located on the property to maximize the vertical separation distance from the bottom of the absorption bed to the seasonal high groundwater level, bedrock, or other Limiting layer, but under no circumstance shall the vertical separation be less than three feet. The director may require a greater vertical separation where water-bearing formations are in danger of contamination. (D) Absorption beds shall not be constructed in unstabilized fill. (2) Design. (A} The minimum area for any absorption bed system shall be based upon a flow of 200 gallons per bedroom per day and in accordance with Appendix D, Table III dated July 1, 2014 and located at the end of this chapter. (B) The absorption area shall be computed using the bottom area of the absorption bed. (C) Each soil absorption bed system shall have a minimum of two distribution lines. (D) If more than one absorption bed is designed, each absorption bed shall be equal in area. (E) The maximum length of any distribution line shall be one hundred feet. (F) Distribution lines within an absorption bed shall be uniformly spaced no more than six nor less than four feet apart . (G) Distribution lines within an absorption bed shall be placed no more than three feet nor less than eighteen inches from the sidewall of the bed. 62-63 3176
§11-62-34 (H) The bottom of absorptio n beds sha ll be at least eighteen inc he s below the finished g r ade. (I) Absorption beds shall not be installed on land with a slope gradient greater than eight per cent. ( J) A distribution box or header shall be ins t al l ed between the treatment unit and the absorption bed. ( K) Each distribution line shall connect individually to the distribution box . (L) If a header is used, there shall be an equal number of d i stribution lines on each side of the influent junction. An inspection port shall be provided on t he header and shall be brought to grade and fitted with a screw type cap. (M) If a distribution box is used, a permanent inspection port with a minimum interior diameter of six inche s shall be secured to the box cover, brought to the finished grade, and fitted with a screw type cap or cover. (3) Materials. (A) The eng i neer shall be responsible for the choice of materials used in the soil absorption system. (B) Pipe used for distribution lines shal l meet the appropriate ASTM standard o r those of an equivalent testing laboratory . Fittings used in the absorption system shall be compatible with the materials used in the distribution lines . (C) Gravel or crushed stone shall be washed and shall range in size from three- fourths to two and one-half inches. (D) The material used to cover the top of the stone shall be a filter fabric material or equal. (4) Construction. (A) The floor of the absorption bed shall be level. 62-64
§11-62-34 (B) A distribution box or header shall be set level and arranged so that effluent is evenly distributed to each distribution line. Adequate provisions shall be taken to ensure stability and provide access for inspection of the distribution lines. (C) The pipe connecting the distribution box to the distribution line shall be of a tight joint construction laid on undisturbed earth or properly bedded throughout its length. (D) If a header is used, it should be made of watertight construction. (E) When the beds have been excavated, the sides and bottom shall be raked to scarify any smeared soil surfaces. Construction equipment and other materials not needed to construct the system should be kept off the area to be used for the absorption system to prevent undesirable compaction of the soils. Construction shall not be initiated when the soil moisture is high. (F) At least six inches of gravel or crushed stone shall be placed in the bottom of the bed. (G) The distribution line shall be carefully placed on the bedding with no slope and covered with at least two inches of gravel or stone . (H) The ends of the distribution lines shall be capped or plugged. (d) Seepage pits. (1) Location. (A) Seepage pits shall be located in accordance with section 11-62-32 . (B) Seepage pits shall not be constructed in soils having a percolation rate slower than ten minutes per inch (weighted average) or where rapid percolation through such soils may 62-65 J176
§11-62-34
result in contaminat i on of water-
bearing formations or surface water.
(C) The seepage pit shall be located on the
lot to maximize the vertical separation
distance from the bottom of the seepage
pit to the seasonal high groundwater
table, bedrock , or other limiting
layer . The vertical separation shall
not be less than three feet unless
otherwise approved by the director
and the requirements of section 11-62-
33.l(b) (5) are met . Where water-
bearing formations are in danger of
contamination, greater vertical
separation may be required.
(2) Design.
(A) Seepage pits shall be used only when
one of the following are met:
(i) Slope of the finished elevation
o f the lot is greater than
twelve per cent and the use of
absorption beds or trenches is
not feasible.
( ii ) The presence of a limiting layer
more than seven feet in depth
which overlies suitable soils of
sufficient thickness.
(iii } Insufficient land area exists to
ins ta ll absorption trenches or
beds .
(B) The mi ni mum area in any seepage pit
sha l l be based upon a flow of 200
gallons per bedroom per day and in
accordance with Appendix D, Table III
dat e d July 1, 2014 and located at the
end of this chapter.
{C) The surface dimension is measured as
the mean distance of the clear opening
below the inlet pipe.
(D) The minimum surface dimension is six
feet .
(E) The effec t ive depth of the seepage pit
shall be measured fro m the bottom of
62-66§11-62-34
the inlet pipe to the bottom of the
pit, with the thickness of strata of
soils having percolation rates slower
than thirty minutes per inch deducted.
(F) The minimum effective depth is ten feet
and shall be greater than its widest
surface dimension.
(G) The effective area of the seepage pit
shall be the vertical wall area of the
areas corresponding to the effective
depth of the pit excavation. No
allowance shall be made for the bottom
area.
(H) When more than one seepage pit is used,
a distribution box shall be installed
between the treatment unit and all
seepage pits. Each seepage pit shall
individually connect to the
distribution box.
(I) When more than one seepage pit is used,
each pit shall have an equal effective
area.
(J) If a distribution box is used, a
permanent inspection port with a
minimum interior diameter of six inches
shall be secured to the box cover,
brought to the finished grade, and
fitted with a screw type cap or cover.
{3) Construction.
(A) Seepage pits shall include a sidewall
lining constructed of durable material
that will permit free passage of
wastewater without excessive plugging
while still excluding the entry of
surrounding soil.
(B) Seepage pits shall include a cover
which extends at least twelve inches
beyond the seepage pit excavation ,
unless a concrete ring is used.
(C) The lining and cover of any seepage pit
shall be capable of supporting the
normal loads imposed. The engineer
62-67
3176§11-62-34 317 6 I f jj shall submit written justification for the deletion of any sidewall lining. (D) The distance between the outer diameter of the lining and the excavation diameter shall be at least six inches, but not more than twelve inches. The space between lining and the excavation diameter shall be filled with washed gravel or crushed stone ranging in size from three-fourths to two and one-half inches. The placement of the gravel or stone shall fill the annular space between the pit lining and excavation diameter. Gravel and stone shall not be placed within the seepage pit itself. (E) The watertight cover shall be provided and at least one watertight manhole either round or square, tapered to a minimum of twelve inches in dimension shall be provided in the cover for inspection or for e mptying the contents when required. (F) The top of the seepage pit shall be within twelve inches of the final grade. (G) If the cover of the seepage pit does not extend to the finished grade, a permanent inspection port with a mi n imum diameter of twelve inches expanding through and secured to the cover shall be brought to the finished grade and fitted with a screw type cap or cover. (H) The distribution box shall be set level so that the effluent is evenly distributed to each seepage pit. (I) The distribution box shall connect to each seepage pit with pipe of wa t ertight construct i on at least six i nches in diameter, and sloped at least one - eighth inch per foot. 62-68
§11-62-34
{J) The material used to cover the top of
the stone or gravel surrounding the
lining shall be a filter fabric
material or equal.
(e) Elevated mound system. Elevated mound
systems shall be reviewed on a case-by-case basis.
(f) Other disposal systems.
(1) Soil replacement system.
(A) Soil replacement systems shall be used
for sites with the following soils
layers in the upper soil horizons:
(i) Soils with percolation rates
less than one minute per inch;
(ii) Soils with percolation rates
greater than sixty minutes per
inch that occur within the upper
five feet of the soil and
underlain by more permeable
soils. Installation guidelines
shall comply with the
requirements of very high
permeability soils of
subparagraph (B); or
{iii) Fractured lava.
(B) Trenches may be excavated up to thirty-
six inches in width to depths not to
exceed five feet below grade nor closer
than three feet to seasonal high
groundwater level, provided any
groundwater mounding induced by
wastewater does not rise closer than
one foot from the bottom of the
excavation and bedrock is at least
three feet below the bottom of the
excavation.
(C) Soil replacement absorption trenches
and beds shall follow the applicable
provisions of subsections {a), (b) 1 and
( C) .
(2) Evapotranspiration systems shall be reviewed
on a case-by-case basis by the director.
The director shall use the provisions of
section 7.3.2 of the October 1980 edition of
62-69
31763 1 7 6 ., .J
§11-62-34
the EPA Design Manual on Onsite Wastewater
Treatment and Disposal Systems as a guide
for the review of evapotranspiration
systems.
(3) Gravelless systems.
{A) Gravelless soil absorption systems may
be used as an alternative to soil
absorption systems as specified in
subsections (a) and {b), except for
sections 11-62-34 (a) (3) (C), 11-62-
3 4 {a) ( 3 ) ( D) , 11- 6 2 - 3 4 {a) ( 4) ( E) , and 11-
62 - 34 (a) (4) (F) , 11-62-34 (c) (2) (F), 11-
62-34 (c) (2) (G), 11-62-34 (c) (3) (C), 11-
6 2 - 3 4 { c ) { 3 ) { D ) , and 11 - 6 2 - 3 4 ( c ) ( 4 ) ( F ) .
(B) Design criteria, material
specifications, and other pertinent
data shall be submitted to the
director .
(C) The total area of the soil absorption
system for the gravelless system shall
be the same as specified in subsections
(a), (b), and (c), except for chambered
system where the director may approve
of a reduction factor as deemed
appropriate.
(D) If chambered systems are used, the
chamber units shall be placed up
against the sidewall of the excavation .
In absorption beds, the adjacent
chambers shall abut one another.
(E) The use of filter fabric, unless
specified by the director, shall follow
the manufacturer's recommendation.
[Eff 8/30/91; am and comp 12/09/04; am
and comp MAR 2 I 2016 ] (Auth: HRS
§§321-11, 342D-4, 342D-5) {Imp: HRS
§§321-11, 322-1 to 322-4, 322-8,
342D-2, 342D-4, 342D-5, 342D-50)
§11-62-35 Other individual wastewater systems.
(a) The specific design requirements for composting
toilets, incinerator toilets, natural systems, and
62-70§11-62-36 other individual wastewater systems not specifically covered in this chapter shall be reviewed and approved by the director on a case-by-case basis. Solids generated from such products that are land applied must meet the requirements of subchapter 4. Such products, if sold in Hawaii, shall be approved by the director based on appropriate testing procedures and standards as set forth by the National Sanitation Foundation (NSF) Testing Laboratory, Ann Arbor, Michigan. The performance data shall be obtained by an agency such as a university or an independent research laboratory acceptable to the director or from the NSF. (b) The director may approve an innovative wastewater system based on the following conditions: (1} The innovative system provides or may provide a benefit to the people of the State; (2} The owner of the innovative system shall agree that for a period of up to twelve months after the initiation of the operation of the innovative system, operational data shall be gathered and submitted to the director; and (3} The owner shall submit a written agreement stating that should the director at any time find the operation of the innovative system unsatisfactory, the owner shall promptly repair or modify the system, or replace it with another acceptable system. [Eff 8/30/91; am and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§321 - 11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D- S, 342D-6, 342D-50} §11-62-36 Cesspools. (a) No new cesspools shall be constructed after the effective date of this rule unless they have been approved for construction before the effective date of this rule. 62-71 317 6
§11-62-36
(b) The director may require a cesspool card from
an owner whose cesspool has no cesspool card on file
with the department. An existing cesspool card shall
be completed and signed by a licensed engineer,
contractor, plumber, or architect. [Eff and comp
12/09/04; am and comp MAR 21 2016 ] (Auth : HRS
§§321-11, 342D-4, 342D-5, 342E-3) (Imp: HRS §§321-11,
322-1 to 322-4, 322-8 , 3420 * 2, 342D-4, 342D-5, 342D-6,
342D-50, 342E-3)
§11-62-37 Application for and review of building
ermits and individual wastewater s stems. (a) The
irector s al review all ind ividual wastewater
systems before the director signs any related county
building permit application.
{b) The applica t ion to construct a new
individual wastewater system or to modify an existing
individual wastewater system shall be made by the
applicant on forms furnished by the director. The
application at a minimum shall contain the following
information:
(1) Name of the owner of the individual
wastewater system;
(2) The location of the individual wastewater
system, including a location map, plot plan,
street address, and tax map key number;
(3) The type and size of treatment unit and
disposal system;
(4) Certification by the engineer that the
individual wastewater system has been
designed in accordance with sections 11-62-
31.1 through 11-62-41; and
(5) Certification by the engineer that a final
inspection report will be submitted to the
director in accordance with section 11-62-
31.l(f) (1) (B) .
(c) Every applicant for an individual wastewater
system shall pay a filing fee in accordance with the
schedule of this subsection . The filing fee shall be
submitted with the individual wastewater system
application and shall not be refunded nor applied to
any subsequent individual wastewater system
62-72§11-62-41 application. Fees shall be made payable to the State of Hawaii. (1) New individual wastewater system, new treatment unit or new disposal system - $100; and (2} Addition or modification to an approved or existing individual wastewater system or part thereof - $25. [Eff and comp 12/09/04; am and comp MAR 2 1 2016 ] (Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-13, 342D-50} §§11-62-38 to 11-62-39 (Reserved) SUBCHAPTER 4 WASTEWATER SLUDGE USE AND DISPOSAL §11-62-41 General requirements and prohibition . (a) No person shall generate, treat, prepare, store, haul, apply, place, use, or dispose of wastewater sludge except: (l} In compliance with: (A) A permit or department approval for use of an individual wastewater system obtained under this chapter; (B) A registration under this chapter; or (C} An exemption from permitting or registration provided by section 11-62- 50. (2) In a municipal solid waste landfill unit which is in compliance with the sludge related conditions in a permit issued under chapter 11-58.1: (A) Where that permit was issued following public participation procedures at least as open to the public as those specified in subchapter 5; and 62-73
317 6 1 1 1 ◄ §11-62-41 (B) Incorporates the requirements of 40 CFR Part 258. (3) By incineration in a facility in compliance with the requirements of 40 CFR Part 503, Subpart E, Incineration, and 40 CFR §503.8, Sampling and analysis , and §503.9, General definitions; (4) In a facility in compliance with the sludge related conditions in a National Pollutant Discharge Elimination System (NPDES) permit issued under chapter 11-55 or issued by the U.S. EPA, where that permit includes or incorporates the requirements of 40 CFR Part 503, Subpart B, Land Application, Subpart D, Pathogens and Vector Attraction Reduction, and 40 CFR §503.8, Sampling and analysis , and §503.9 , General definitions and any applicable requirements of this chapter; (5) For hauling, by a county, state, or federal agency , or by a person or an operation registered under section ll-62-50(b) (4); or (6) As otherwise authorized in writing by the director. (b) Direct enforceability . No person shall generate, treat, prepare , store, haul , apply , place, use, or dispose of wastewater sludge except in compliance with the requirements of this chapter and all applicable federal rules, whether or not a permit has been issued or registration has been made . (c) Exclusion. This chapter does not apply to operations and facilities involved with the collection, handling, storage, treatment, use , disposal, or transportation of the following: (1) Wastewater sludge co-fired in an incinerator with other wastes or incinerators in which the wastewater sludge and other wastes are co-fired; (2) Wastewater sludge generated at an industrial facility during the treatment of industrial wastewater , including wastewater sludge generated during the treatment of industrial 62-74
wastewater combined with domestic
wastewater;
§11-62-41.1
(3) Wastewater sludge determined to be hazardous
under state rule or federal regulation;
(4) Wastewater sludge containing polychlorinated
biphenyls (PCBs) equal to or greater than 50
milligrams per kilogram of total solids (dry
weight basis);
(5) Incinerator ash generated during the firing
of wastewater sludge in a wastewater sludge
incinerator;
(6) Grit and screenings;
(7) Drinking water treatment sludge; and
(8) Commercial and industrial septage that
contains no domestic wastewater. [Eff and
comp 12/09/04; am and comp MAR 21 2016 ] (Auth:
HRS §342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4,
342D-5, 342D-6, 342D-50; 40 CFR Parts 258, 501, 503,
40 CFR 503 Subparts B, C, D, E, 40 CFR §§501.15,
503.l{b), 503.3, 503.4, 503.6, 503.7, 503 . 8, 503 . 9)
§11-62-41.1 Relation to federal law . (a) This
chapter shall be interpreted and applied so that it is
at least as stringent as 40 CFR Part 503 and so that
the department's sludge management program complies
with 40 CFR Part 501.
(b) No wastewater sludge generation, treatment ,
preparation, storage, hauling, application, placement,
use, or disposal shall be conducted unless allowed by
this chapter, even if allowed under 40 CFR Part 503.
(c) References to the Code of Federal
Regulations (CFR) are to the July 1, 1999 version, and
references to specific sections or subparts of the CFR
incorporate those regulations and make them part of
this chapter, whether or not the word incorporate is
specifically used, unless otherwise specifically
stated.
(d) Special definitions. For the purposes of
this chapter, when used in 40 CFR Part 503:
"Municipal solid waste landfill unit" has the
same meaning as defined in 40 CFR Part 258.
62-75
, 17 6§11-62-41.1
"Permitting authority" means the director.
11 Sewage 11 means wastewater.
(e) No permit shall be issued when the United
States Environmental Protection Agency Administrator
for Region IX has objected in writing under 40 CFR
§123 . 44. [Eff and comp 12/09/04; am and comp
MAR 2 1 2016 ] (Auth: HRS §342D-4,
342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6,
342D-50; 40 CFR Parts 258 , 501, 503, 40 CFR §§123.41 ,
123.42, 123.44, 501.2, 501.18, 501.19, 501.20,
503.l(b), 503 . 5, 503 . 21, 503.32)
§11-62-42 Land application of except i onal
quality wastewater sludge. (a) Exceptional quality
wastewater sludge shall meet the following criteria at
a minimum:
(1) Pollutant limits. No pollutant
concentration shall exceed the ceiling
limits in Appendix D, Table IV.
(2) Pathogens. The Class A pathogen
requirements in section 11-62-46(a) shall be
met.
(3) Vectors. One of the vector attraction
reduct i on requirements in 40 CFR
§503.33(b) {l) through (8) shall be met.
(b) Monitoring. Exceptional quality wastewater
sludge shall be monitored by the preparer at least as
often as required by 40 CFR § 503.16(a). References
in §503.16(a) to federa l pollutant limit tables are
replaced with Appendix D, Table IV dated July 1, 2014
and located at the end of this chapter. To determine
compliance with section 11 - 62-42 (a) (2) , wastewater
sludge shall be monitored not more than sixty days
before land ap pl ication or being bagged for
distribution un l ess otherwise s pecified by the
director. The director may also specify more
monitoring, to better protect human health or the
environment.
(c) Recordkeeping.
(1) The pre p arer of exceptional quality
wast e water s l udge that is applied to the
land shall meet the requirements of 40 CFR
62-76§11-62-43
§503.17(a} (1), except the certification
requirement there;
(2) The preparer shall sign complete
certification form, form A, entitled
Certification Form - Land Application, dated
July 1, 2014, and located at the end of this
chapter, in Appendix E, items 1, 2.a, and
3.a, and retain the form for five years; and
(3) The preparer shall develop and retain
information for five years on the volume of
wastewater sludge bagged, distributed, or
land applied.
(d) Reporting. The test results and records
required in subsections (b) and (c) shall be
kept on site and unless otherwise specified,
copies shall be submitted to the director on
February 19 of each year.
{e) The exceptional quality sludge shall be
applied to the land at a rate that is less than ten
dry tons per acre and equal to or less than the
agronomic rate .
(1) The preparer shall provide to each land
applier a fact sheet which contains the
nitrogen, phosphorus, and potassium
concentrations of the wastewater sludge; and
(2) When the wastewater sludge is applied in
bulk to agricultural land, forest, a public
contact site, or a reclamation site, the
director may require a nutrient balance to
be submitted prior to the application to the
land. [Eff and comp 12/09/04; comp
MAR 2 1 2016 ] (Auth: HRS §§342D-
4, . 342D-5) (Imp: HRS §§342D-2, 342D-4,
342D-5, 342D-6, 342D-50; 40 CFR §§503.1,
503. s, 503 .10, 503 .13, 503 .15 (a) , 503 .16 (a) ,
503.17(a), 503.18, 503.32, 503.33(b))
§11-62-43 Land application of other than
exceptional quality wastewater sludge, to agricultural
land, forest, public contact site, or reclamation
site . (a) No person shall apply non-exceptional
quality wastewater sludge to land unless the land is
62-77
"31763 17 6 I j[d
§11-62-43
agricultural land , forest, a public contact site , or a
reclamation site, and all the requirements of this
section are met .
(b) Pollutant limits . Non-exceptional quality
wastewater sludge shall not be land applied if the
concentration of any pollutant in the wastewater
sludge exceeds the ceiling limits in Appendix D, Table
IV dated July 1, 2014, and located at the end of this
chapter.
(c) Pathogens . The Class A pathogen
requirements in section ll-62-46(a) or the Class B
pathogen requirements in 40 CFR §503.32 ( b) shall be
met for non-exceptional quality wastewater sludge.
(d) Vectors. One of the vector attraction
reduction requirements in 40 CFR §503 . 33(b) {l) through
(10) shall be met for non-exceptional quality
wastewater sludge.
(1) The preparer shall meet one of the
requirements of 40 CFR §503.33(b) {1) through
( 8) ; or
(2} The applier shall meet one of the
requirements of 40 CFR §503.33(b) (9) or
( 10) .
(e) Notice. The preparer of the non-exceptional
quality wastewater sludge shall inform in writing to
the land applier and the owner of the land application
site of:.
(1) The vector attraction reduction requirements
of 40 CFR §503 . 33(b) (9) and (10), if the
preparer did not use or meet any of the
requirements of 40 CFR §503.33(b) (1) through
( 8) ;
(2) The spacing and site restrictions in
subsection (g);
(3) The management requirements of subsection
(h); and
(4) The concentration of total nitrogen (as Non
a dry weight basis).
(f} Monitoring . Non-exceptional quality
wastewater sludge shall be monitored at least as often
as required by 40 CFR § 503 . 16(a). References in
§503.16(a} to federal pollutant limit tables are
replaced with Appendix D, Table IV dated July 1, 2014,
62-78§11-62-43 and located at the end of this chapter. To determine compliance with section ll-62-43(c), wastewater sludge shall be monitored not more than sixty days before land application unless otherwise specified by the director. The director may also specify more monitoring, to better protect human health or the environment. (g) Spacing and site restrictions for non- exceptional quality sludge. (1) Horizontal distances. The land application of wastewater sludge shall meet the minimum horizontal limits in Appendix D, Table VI. (2) Vertical separation. The land application of wastewater sludge shall be at least five feet above the seasonal high groundwater table. (3) If the class B pathogen requirements are met, the site restrictions in 40 CFR §503.32(b) (5) shall be met. (h) Management practices . The management practices required by 40 CFR §503 .14 (a} 1 (b) , (d) , (e) (1), and (e) (2) shall be met, and wastewater sludge shall not be applied to the land so that either the sludge or any pollutant from the sludge enters state waters. (i) Recordkeeping, preparers of non-exceptional quality wastewater sludge. (1) The preparer of the wastewater sludge which meets the Class A pathogen requirements in section 11-62-48(a) shall develop and retain for five years information on: (A} The concentration of pollutants listed in Appendix D, Table IV dated July 1, 2014, and located at the end of this chapter; and (B) A description of how the pathogen requirements in section 11-62-48(a) are met. (2) The preparer of wastewater sludge which meets the class B pathogen requirements in 40 CFR §503.32(b) shall develop and retain for five years information on: 62-79 317 6
31 7 6 ~1•
§11-62-43
(A) The concentration of pollutants listed
in Appendix D, Table IV dated July 1,
2014, and located at the end of this
chapter;
(B) A description of how the pathogen
requirements in 40 CFR §503.32(b) are
met; and
(C) A description of how one of the vector
attraction reduction requirements of 40
CFR §503.33{b) {l) through (8) is met,
when one is met.
(3) The preparer shall sign and complete
certification form, form A entitled
Certification Form - Land Application dated
July 1, 2014, and located at the end of this
chapter, in Appendix E, items 1, 2, and 3,
and retain the form for five years; and
(4) The preparer shall develop and retain for
five years information on the volume of
wastewater sludge prepared for land
application, names of persons taking
wastewater sludge from the facility, the
date and time the wastewater sludge was
taken, and the amount taken.
(j) Recordkeeping, appliers of non-exceptional
quality wastewater sludge to the land.
(1) The applier shall meet the information
requirements of 40 CFR §503.17(a) (3) (ii) (B)
and ( C) ; or § 5 O3 . 1 7 (a) ( 4 ) (ii ) (B) , ( C) , ( D) ,
and (E);
(2) The applier shall sign and complete the
certification form, form A entitled
Certification Form - Land Application, July
1, 2014, and located at the end of this
chapter, in Appendix E, items 4, 5, and 6,
and retain the form for five years; and
(3) The applier shall develop and retain for
five years the following information:
(A) The location, including street address
and tax map key number, of the site on
which wastewater sludge is applied;
(B) The number of acres in each site on
which wastewater sludge is applied;
62-80§11-62-44 (C) The date and time the wastewater sludge is applied to each site; (D) The amount of wastewater sludge applied to each site; and (E) A nutrient balance. (k) Reporting. The test results and records required in subsections (f), (i), and (j) shall be kept on site and unless otherwise specified copies shall be submitted to the director on February 19 of each year. (1) Notification to other states. Any person who prepares wastewater sludge that is land applied in another state shall provide written notice, prior to the initial land application, to the permitting authority for the state in which the bulk in which the wastewater sludge is to be applied to the land in accordance with 40 CFR §503.12(i). [Eff and comp 12/09/04; am and comp MAR 2 1 2016 ] (Auth: HRS §342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D- 5, 342D-6, 342D-50; 40 CFR §§503.12, 503 .13 (b), 503 .14, 503 .15 (a) , (c) , 503 . 16 (a) / 503 .17 / 503 .18 I 503 • 32 I 503. 33 (b) ) §11-62-44 Land application of domestic septage to agricultural land, forest, or reclamation site. (a) No person shall apply domestic septage to land unless the land is agricultural land, forest, or a reclamation site if the annual application rate (AAR) exceeds 1/0.0026 the amount of nitrogen (N) in pounds per acre per 365 day period needed by the crop or vegetation growth on the land. N AAR = Equation (1) 0.0026 (b) Pathogens. The pathogen requirements of (1) 40 CFR §503 .32 (c) (1); or 62-81 317 6
3176 1 1
§11-62-44
(2) 40 CFR §503 . 32(c) (2), including the site
restrictions of 40 CFR §503 .32 (b) (5) (i)
through (iv), shall be met for domestic
septage.
(c) Vectors. One of the vector attraction
reduction requirements in 40 CFR §503. 33 (b) ( 9) , (10) ,
or (12) shall be met for domestic septage.
(d} Monitoring. If either the pathogen
requirement in subsection (b) (2) or vector attraction
reduction requirement in 40 CFR §503.33(b} (12)
applies, each container of domestic septage shall be
monitored for compliance with those requirements. The
director may specify more monitoring, to better
protect human health or the environment.
(e) Recordkeeping.
(1) The applier shall meet the information
requirements of 40 CFR §503.17(b) (2), (3),
( 4 ) , { 5 ) , {7 ) , and ( 8 ) ;
(2) The applier shall develop and retain for
five years the location, including street
address and tax map key number, of the site
on which septage is applied; and
(3) The applier shall sign and complete the
certification form, form A entitled
Certification Form - Land Application dated
July 1, 2014 , and located at the end of this
chapter, in Append i x E, items 7, 8, 9, and
10, and retain the form for five years.
(f) Reporting. The test results and records
required in subsection (e) shall be kept on site and
unless otherwise specified copies shall be submitted
to the director on February 19 of each year.
(g} Spacing and site restrictions.
(1) Horizontal distances. The land application
of domestic septage shall meet the minimum
horizontal limits in Appendix D, Table VI
dated July 1 , 2014, and located at the end
of this chapter.
(2) Vertical separation . The land application
of domestic septage sha l l be at least five
feet above the seasonal high groundwater
table.
62-82§11-62-46
(3) The site restrictions in:
(A) 40 CFR §503. 32 (b) (5); or
(B) The pathogen requirement of 40 CFR
§503.32{c} (2) and the site restrictions
of 40 CFR §503.32{b) (5) (i) through {iv)
shall be met for domestic septage.
(h) Management practices. The management
practices required by 40 CFR §503.14(a), (b), (d),
(e) (1), and (e) (2)for wastewater sludge shall be met
for domestic septage, and domestic septage shall not
be applied to the land so that the septage or any
pollutant from septage enters state waters. [Eff and
comp 12/09/04; am and comp MAR 2 I 2016 ]
(Auth: HRS §342D-4, 342D-5) (Imp: HRS §§342D-2,
342D-4, 342D-5, 342D-6, 342D-50; 40 CFR §§503.12(c),
503 .13 (c) , 503 .14, 503 .15 (b) , (d) , 503 .16 {b) , 503 .17,
503.18, 503.32, 503.33)
§11-62-45 REPEALED [R MAR 2 1 2016
§11-62-46 Pathogens. (a) Wastewater sludge -
class A . (1) The requirements of this subsection
shall be met for a wastewater sludge to be classified
exceptional quality sludge or class A with respect to
pathogens.
(2) One of the class A requirements in
paragraphs (3), (4), {6) or (7) shall be met, or with
the prior approval of the director paragraph (5) shall
met . The requirements in paragraphs (3) through (7)
shall be met before or at the same time that the
vector attraction reduction requirements in 40 CFR
§503.33 are met, unless one of the vector attraction
reduction requirements in 40 CFR §503.33(b} (6} through
(B) is met.
(3) Class A - alternative 1. The requirements
of 40 CFR §503 . 32(a) (3) apply, except that
the requirements of §503.32(a) (3) (i) are
replaced with those of paragraph (B).
(4) Class A - alternative 2. The requirements
62-83
317631 7 6 uJJ' §11-62-46 of 40 CFR §503.32(a) (4) apply, except that the requirements of §503. 32 (a) (4) (i) are replaced with those of paragraph (8). (S) Class A - alternative 3. The requirements of 40 CFR §503 . 32(a) (6) apply, except that the requirements of §503. 32 (a) (6) (i) are replaced with those of paragraph (8). (6) Class A - alternative 4. The requirements of paragraph (8), and subsection (d), Process to Further Reduce Pathogens (PFRP), apply. (7) Class A - alternative 5. The requirements of paragraph (8) apply and, as determined by the director, a process equivalent to one in subsection (d), Process to Further Reduce Pathogens (PFRP), shall be used. (8) Pathogen density at the time the wastewater sludge is used, disposed, or prepared for sale or give away in a bag or other container for land application, shall meet the following: (i) Unless otherwise specified by the director, seven samples shall be analyzed; and (ii) For each sample the fecal coliform shall be less than 1000 MPN per gram of total solids (dry weight basis) or for each sample the Salmonella sp . bacteria shall be less than three MPN per four grams of total solids (dry weight basis) . (b) Wastewater sludge - class B. The requirements of 40 CFR §5 0 3.32(b) shall b e met for a wastewater sludge to be classified class B with respect to pathogens . (c) Domestic septage. The requirements of 40 CFR §503.32(c) apply. (d) Processes to further reduce pat h ogens (PFRP). The requirements of 40 CFR Part 503 , appendix B, Pathogen Treatment Proce s ses, section B, Processes to Further Reduce Pathogens, apply, except for section B.l which is replaced by paragraph (1). (1) Composting . 62-84
§11-62-46 (A) Windrow. The temperature of the wastewater sludge is maintained at 55 degrees Celsius or higher for at least fifteen consecutive days during the composting period. In addition, during the high temperature period, the windrow must be turned at least five times and turned at least once every three days. (B) Static aerated pile. The wastewater sludge must be maintained at operating temperatures of 55 degrees Celsius or greater for three consecutive days. (C) Within vessel method. The wastewater sludge must be maintained at operating temperatures of 55 degrees Celsius or greater for three consecutive days. (2) Heat Drying. See Part 503, appendix B, section B.2. (3) Heat Treatment. See Part 503, appendix B, section B.3. (4) Thermophilic Aerobic Digestion. See Part 503, appendix B, section B.4. (5) Beta ray irradiation. See Part 503, appendix B, section B.5. (6) Gamma ray irradiation. See Part 503, appendix B, section B.6. (7) Pasteurization. See Part 503, appendix B, section B.7. (e) Processes to significantly reduce pathogens (PSRP). The requirements of 40 CFR Part 503, appendix B, Pathogen Treatment Processes, section A, Processes to Significantly Reduce Pathogens, apply. (1) Aerobic Digestion. See Part 503, appendix B, section A.l. (2) Air Drying. See Part 503, appendix B, section A.2. (3) Anaerobic Digestion. See Part 503, appendix B, section A.3 . (4) Composting. See Part 503, appendix B, section A.4. (5) Lime Stabilization. See Part 503, appendix 62-85 ~176
3 1 7 6 . L.,jw
§11-62-47
B, section A.5. I~f~ and comp 12/09/04;
comp MAR 2 1 ZD1D ] (Auth: HRS
§342D-4, 342D-5} (Imp: HRS §§342D-2, 342D-
4, 342D-5, 342D-6, 342D-50; 40 CFR Part 503,
Subpart D, Appendix B, 40 CFR §503 . 32)
§11-62-47 Vector attraction reduction. (a)
Requirements for land application .
(1) One of the vector attraction reduction
requirements in 40 CFR §503.33(b} (1) through
{8} shall be met before exceptional quality
wastewater sludge is land applied.
{2) The requirements of 40 CFR §503 . 33(a) (1),
(4), and ( S} apply .
{b) Vector attraction reduction requirements .
The requirements of 40 CFR §S03.33(b) apply. [Eff and
comp 12/09/04; comp MAR 21 2016 ] (Auth: HRS
§342D-4, 342D-5) (I mp: HRS §§342D-2 , 342D-4,
342D-5,342D-6, 342D-5 0 ; 40 CFR Part 503 , Subpart D, 40
CFR §503.33}
§11-62-48 Sampling method . Samples of wastewater
sludge that is applied to the land, [ placed on a
surface disposal site,] fired in a wastewater sludge
incinerator, or disposed into a solid waste landfill
or any other wastewater system shall be collected and
analyzed using the methods specified in 40 CFR §503.8.
[ Eff and comp 12/09/04; comp MAR 2 1 2016 J
(Auth: HRS §342D-4, 342D-5) {Imp : HRS §§342D-2,
342D-4, 342D-5, 342D-6, 342D-50; 40 CFR §503 . 8)
SUBCHAPTER 5
WASTEWATER MANAGEMENT PERMITS AND REGISTRATION
§11-62-50 Registration and permits . (a) Owners
and operators are not required under this subchapter
to register or obtain any permit coverage for their:
62-86§11-62-50 (1) Individual wastewater systems (e.g., cesspools, septic tanks, and household aerobic units); (2) Land on which exceptional quality wastewater sludge is applied; (3) Land application or land placement operations involving only exceptional quality wastewater sludge; (4) Operations, such as businesses, that haul only exceptional quality wastewater sludge; or (5) Non-domestic wastewater treatment works, unless deemed necessary by the director. (b) Owners or operators or both of the following shall register with the department: (1) Land on which non-exceptional quality sludge is applied or placed, with or without the landowner's permission; (2) Land on which non-exceptional quality sludge is stored for less than two years, if the land is different from the treatment works which generated the sludge; (3) Land application or land placement operations for non-exceptional quality wastewater sludge, whether or not the wastewater sludge is applied or placed on land with the landowner's permission; (4) Operations, such as businesses , that haul wastewater or wastewater sludge, or both, including grease haulers and cesspool pumpers, except those operations that only haul exceptional quality sludge; and (5) Other facilities, operations, or land, if directed by the director. (c) Owners or operators or both shall obtain an individual permit for their: (1) Treatment works that generate wastewater sludge that is directly land applied; (2) If different from the generator, facilities or operations that treat or prepare wastewater sludge that is land applied or surface disposed; (3) Treatment works not located in the State but 62-87 3176 1
§1 1-62-50
generate wastewater sludge that is directly
land applied in the State;
(4) Facilities or operations not located in the
State that treat or prepare wastewater
sludge that is land applied or surface
disposed in the State; and
(5) Other facilities, operations, or land, if
directed by the director.
(d) The department may accept and issue
consolidated registrations and individual permits
(collectively 11 authorizations 11 ), and for the
consolidated authorizations the department may charge
the fee for only the most expens i ve authorization .
The department may also charge the fees for all or
so me of the authorizations . [Eff and comp 12/09/04;
am and comp MAR 21 2016 ] (Auth: HRS §§342D-4,
342D - 5 , 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5,
342D-6 , 342D-13, 342D-50; 40 CFR §§501.15, 503.3(a) )
§11-62-51 Fees. (a) Registration. Every
registrant shall pay a fili n g fee according to this
subsection . The filing fee shall be submitted with
the registration and shall not be refunded nor applied
to any later registration after filing or denial of a
registration. Fees shall be made payable to the State
of Hawaii.
{1) For a new operation, facility , or land , the
fee is $30;
(2) For major changes in the registration of an
operation , facility, or land, the fee is
$30;
(3) For renewal, the fee is $10;
(4) To change only ownership shown in a
registration , the fee is $5; and
(5) To make other changes in a reg i strat i on, the
fee is $10;
(b) Individual permits. Every person applying
for an individual permit, its modification, or renewal
s h all pay a filing fee according to this subsection .
This filing fee shall be submitted with the
application for the permit or permit modification and
shall not be refunded nor applied to any subsequent
62-88
3176 I .i i 1§11-62-51 individual after final issuance or denial. Fees shall be made payable to the State of Hawaii. (1) To apply for an individual permit for a new or existing operation or facility, the fee is $1000; (2) To apply to modify an individual permit to cover a substantial alteration or addition to an operation, facility, or land, the fee is $1000; (3) To renew an individual permit for an existing operation or facility, the fee is $1000; (4) To transfer ownership or to modify an individual permit to show only a change in ownership, the fee is $25; and (5) To apply to modify an individual permit to cover a change other than those covered above, the fee is $100. (c) Late fees. Every person who fails to submit complete forms for a new or renewed registration or a complete application for a new or renewed individual permit when required by this chapter, shall pay a late fee. Fees shall be payable to the State of Hawaii. Late submission of required fees and registration forms, notice of intent, or individual permit application does not excuse a person from liabilities for any violations due to the lack of a required registration or individual permit. (1) The fee for submitting a registration form late is $5; (2) The fee for submitting an application for an individual permit late is $250. (d) Relation to other fees . The foregoing fees are subject to section ll-62-50(e) and do not include any public participation costs (for notices, hearings, etc . ) that the would-be registrant or permittee may be required to pay under other sections. [Eff and comp 12 / O9 / 04; am and comp MAR 2 1 2016 (Auth: HRS §§342D-4, 342D-S) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-13, 342D-50) 62-89 '5176
§11-62-52
§11-62-52 Signatories and certification
requirements. {a ) Unless otherwise specified, each
registration, notice of intent, permit application,
and any information required to be submitted to the
director shall be signed and certified as required by
40 CFR §122.22.
(b) Each person who knowingly makes any false
statement, representation, or certification in any
app l ication, record, report, plan , or other
documentation submitted or required to be maintained
under this chapter or who knowingly falsifies, tampers
with, or renders inaccurate any monitoring device or
method required to be maintained under this chapter is
subject to the penalties and remedies in R~~tion
1 1-62-72. [Eff and comp 12/09/04; comp MAK 2 1 2016
(Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp : HRS
§§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Parts 122,
501, 40 CFR §§122 . 22, §501 . 15 (a) (4) , (b) (11))
§11-62-53 Wastewater management registration.
{a) Timing. Completed registrations forms required
under section 11-62-50 shall be submitted as follows.
(1) For existing lands, facilities, and
operations , not later than ninety days after the
effective date of this rule; and
(2) For new lands, facilities, and operations,
no later than one hundred eighty days before
such lands , facilities, or operations are
used or begin activity.
(b) Registration information and forms .
Registrants shall complete and submit one original and
one copy of the form(s) furnished by the director.
Registrants shall provide at least the following
information:
(1) Activities conducted by the applicant which
require registration;
{2) Name , mailing address, and location of the
wastewater or wastewater sludge collection,
handling, storage, treatment, use, disposal,
or transportation facility, operation, or
land ;
(3) Owner's name, mailing address, telephone
62-90§11-62-53 number, ownership status, and status as federal, state, private, public, or other entity; and (4) Operator 1 s name and certification number under chapter 11-61, if applicable. (c) The director may require the submission of additional information after registration forms have been submitted. (d) Records. Registrants shall keep records of all data used to complete registrations and any supplemental information submitted under this section for at least five years from the date the registrant submits the registration form, unless otherwise specified by the director. (e) Fees. Each registrant shall pay the filing fee specified in section 11-62-51 for each facility, operation, or land registered, except as the director may provide under section ll-62-50(e). (f) Term. Registrations expire on November 15 of each even-numbered year. (g) Renewals. Renewal registration forms shall be submitted by November 15. If a renewal registration form is not submitted on time, it may be submitted after payment of the current annual fee and a late payment fee. If a renewal registration form is submitted more than ninety days after it is due, then the registrant shall supply all the information required for a new registration regardless of whether there have been any changes to report. (h} Automatic filing. Registrations shall be deemed filed automatically sixty days after submission, or on the next working day after sixty days expire, unless the director suspends registration. (i) Filing suspension. If the director considers a registration form incomplete, lacking payment of all or part of the fee, otherwise deficient, or considers more information necessary, the director shall order that the land, operation, or facility shall not be registered until the registrant has supplied the missing information or otherwise corrected the deficiency. [Eff and comp 12/09/04; comp MAR 2 1 2016 ] (Auth: HRS §§342D-4, 342D-5, 62-91 "3176
131 7 6 r 1t f §11-62-54.01 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-6, 342D-13) §11-62-54 . 01 Wastewater management individual permits. (a) Timing. Applications for individual permits required under section 11-62-50 shall be submitted as follows: (1) For existing lands, facilities, operations, and lands, not later than one year after the effective date of this section; and (2) New facilities, operations, and lands, not later than one hundred eighty days before the facilities, operations, or lands are used or begin activity. The director may waive this one hundred eighty day requirement by issuing the permit before the one hundred eighty days expire . (b) Information and forms. Applicants for individual permits shall complete and submit one original and one copy of the forrn(s)furnished by the director . Applicants shall provide at least the type of information required by 40 CFR Part 501 and the following information: (1) The type of activities conducted by the applicant which requires a permit to be obtained; (2) The name, mailing address, and location of the wastewater or wastewater sludge collection, handling, storage, treatment, use, disposal, or transportation facility , operation, or land; (3) The owner's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity; (4) The operator's name, address , telephone number, ownership status, status as federal, state, private , public or other entity, and operator ' s certification number under chapter 11-61, if applicable; (5) A listing of all environmental permits received or applied, including all federal, state, or local permits; (6) A topographical map or other map if a 62-92
§11-62-54.01 topographical map is unavailable extending one mile beyond the property boundaries of the sludge management facility, depicting the treatment and disposal sites, the location of all water bodies, and the locations of potable water wells within one- quarter mile of the property boundaries; (7) Any sludge monitoring data and for land application, any available groundwater monitoring data, with a description of the well locations and approximate depth to the groundwater; (8) A description of the applicant 1 s sludge use and disposal practices, including where applicable, the location of any sites where the applicant transfers wastewater sludge for treatment, disposal, or both, as well as the name of the applier who applies the wastewater sludge to the land if different from the applicant, and the name of any distributors when the sludge will be distributed, if different from the applicant; (9) For each land application site the applicant will use during the life of the permit, the applicant will supply information necessary to determine if the site is appropriate for land application and a description of how the site is, or will be managed. Applicants intending to apply wastewater sludge to land application sites not identified at the time of application must submit a land application plan which at a minimum: (A) Describes the geographical area covered by the plan; (B) Identifies the site selection criteria; (C) Describes how the site will be managed; (D) Provides for advanced notice to the director of specific land application sites; and (E) Provides for advance public notice and notice to landowners and occupants adjacent to or abutting the proposed 62-93 3176
§11-62-54 . 01 land application site; (10) Annual sludge production volumes; and (11) Any information required to determine the appropriate standards for permitting under 40 CFR Part 503 . (c) The director may require the submission of additional information after an individual permit application has been submitted . (d) Records. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this section for a period of at least five years from the date the application is submitted, unless otherwise specified by the director . (e) Fees. Every applicant for an individual permit shall pay the filing fee specified in section 11-62-51 for each f a c i li t y, operation, or land to be permitted , except as the director may provide under section 11-62-SO(e). (f) Processing suspension. If the director considers permit application incomplete, lacking payment of the fee, otherwise deficient, or considers more information necessary, the director shall order that the permit application shall not be processed or a permit issued until the applicant supplies the missing information or otherwise corrects the deficiency. [Eff and comp 12/09/04; am and comp MAR 21 2016 ] (Auth : HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-6, 342D - 13, 342D-50; 40 CFR Part 501 , 40 CFR §501.15(a), (d ) ) §11-62-54.02 Draft individual permits. After an application for a new, modified, o r renewed permit is complete, the director shall tentatively decide to prepare a draft individual permit or deny the application. If the director t entatively proposes to revoke and reissue a permit , the director shall prepare a draft individual permit . A draft permit shall contain t he n ecessary conditions to implement the requirements of this chapter, 33 U. S . C . §1345, and the incorporated sections of 40 CFR Parts 501 and 503. 62-94 I~ 17 6 t J
§11-62-54.04
[Eff and comp 12/09/04; comp MAR 21 2016 (Auth:
HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2,
342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR
§501.lS(d) (3))
§11-62-54. 03 Fact sheets. (a) The director
shall prepare a fact sheet for every draft individual
permit for a major facility, operation, or activity,
and when required by 40 CFR §501.lS(d} (4).
(b) The director shall send the fact sheet to
the applicant and, upon request, to any other person.
(c} Fact sheets shall include at least the
information required by 40 CFR §501.lS(d) (4) (i). [Eff
and comp 12/ 09/04; comp MAR ?. 1 2016 ] (Auth: HRS
§§342D-4, 342D-5, 342D-6) (Imp: 1-m.s §§342D-2, 342D-4,
342D-5, 342D-6; 40 CFR Part 501, 40 CFR §501.15{d) (4))
§11-62-54.04 Public notices of draft individual
permits; public comments and hearing requests. (a)
The director shall notify the public that a draft
individual permit has been prepared and that the
public has thirty days to comment on it. The comment
period may be extended at the discretion of the
director. The director may require the permit
applicant to have the notice published.
(b) Methods. The director shall notify the
public by at least the methods specified in 40 CFR
§501.15 (d) (5) (ii).
(c) Content. The public notice shall include at
least the information required by 40 CFR
501.15(d) (5) (iii) {A).
(d) Costs. All publication and mailing costs
associated with notifying the public of a draft permit
shall be paid by the permit applicant(s) to the
appropriate publishing agency or agencies determined
by the director. Failure to provide and pay for
public notice as required by the director is a basis
to deny issuance of a permit.
(e) Public comments and hearing requests.
During the public comment period, any person may
submit comments in writing and may ask in writing for
62-95§11-62-54.04 a public hearing . A request for hearing shall state the nature of the issues that the hearing should cover. [Eff and comp 12/09/04; comp MAR 2 1 2016 ] (Auth: HRS §§342D-4, 342D-5, 342D-6, 3420-13} (Imp: HRS §§3420-2 , 342D-4, 342D-5, 3420-6; 40 CFR Part 501, 40 CFR §501.15(d) (5), (6)) §11-62-54.05 Public meetings or hearings on individual permits. (a} The director shall hold a public meeting or hearing if the director determines that there is a significant degree of public interest in a draft individual permit, based on hearing requests. (b) The director may hold a meeting or hearing at the director ' s discretion, when such a meeting or hearing may help the director's decision on an individual permit application or for another reason which the director considers to be in the public interest. [Eff and comp 12/09/04; comp MAR 21 2016 J (Auth : 342D-4, 3420-5 , 342D-6) (Imp: 342D-2, 342D-4, 342D-5, 342D-6, 342D-57; 40 CFR Part 501, 40 CFR §501.15 (d) (7)) §11-62-54.06 Public notice of public meetings or hearings on individual permits . (a ) The director shall notify the public that a meeting or hearing on an individual permit matter has been scheduled. The notice shall be given at least thirty days before the hearing. The director may require the permit applicant to have the notice published. (b) Methods . The director shall notify [to] the public by at least the methods specified in 40 CFR §501.15 (d} (5) (ii) . (c) Content . The public notice shall include at least the information required by 40 CFR §501.15 (d) (5) (iii). (d) Costs. All publication and mailing costs associated with notifying the public of a public meeting or hearing shall be paid by the permit applicant(s} to the appropriate publishing agency or agencies determined by the director . Failure to 62-96 3176 • !1 1
§11-62-54.08 provide and pay for public notice as required by the director is a basis to deny issuance of a permit. [Eff and comp 12/09/04; comp MAR 2.1 2016 ] (Auth: HRS §§342D-4, 342D-5, 342D-6, 342D-i3) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR §501.15 (d) (5)) §11-62-54.07 Response to comments. When a final individual permit is issued, the director shall issue a written response to written comments as required by 40 CFR §501.15(d) (8). [Eff and comp 12/09/04; comp MAR212016 ] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 3420-6; 40 CFR Part 501, 40 CFR §501.lS(d) (8)) §11-62-54.08 Issuance of individual permits; duration, conditions. (a) Duration. The director may issue an individual permit for any period not exceeding five years, may renew such permit for any additional periods not exceeding five years each, and shall not modify an individual permit to extend its maximum period. (b) Each individual permit shall contain conditions and requirements at least as stringent as: (1) Those conditions contained in 40 CFR §501.15 (b); (2) The wastewater sludge standards in subchapter 4; (3) The treatment requirements in subchapter 2 ; (4) The application rates in sections 11-62-27; (5) The standard permit conditions stated in Appendix A entitled Wastewater Management Individual Permit Standard Conditions dated July 1, 2014 , and located at the end of this chapter; and (6) Other requirements deemed necessary by the director. [Eff and comp 12/09/04; comp MAR 2 1 2016 ] (Auth : HRS § §342D-4, 342D-5, 342D-6) (Imp: HRS § §342D- 2, 342D-4, 342D-5 , 342D-6, 3420-50 ; 40 CFR Parts 501, 503, 40 CFR §§501 . 15 (a) (5) , (b) , 62-97 317 6
1317 6 ,.
§11-62-54.09
503. 3 (a), 503 . 10 (b) , (c) , 503 .13, 503. 32,
503.33)
§11-62-54 . 09 Schedules of compliance.
Individual permits may contain schedules of compliance
that are at least as stringent as those allowed by 40
CFR §501.15{a). [Eff and comp 12/09/04; comp
MAR212016 ](Auth: HRS §§342D-4 1 342D-5}
(Imp: HRS §§342D-2, 342D-4, 342D-5 , 342D-6, 342D-50;
40 CFR Part 501, 40 CFR §501.15 (a) (6)}
§11-62-55.01 REPEALED [R MAR 2 1 2016
§11-62-55.02 REPEALED (R MAR 2 1 2016
§11-62-55.03 Requiring an individual permit.
Cases where an individual permit may be required
include, but are not limited to the following:
(1) The wastewater system generates wastewater
sludge that is land applied; and
]
(2) Other relevant factors. [Eff and comp
12/09/04; am and comp ]
(Auth: HRS §§342D-4, 342D-5) {Imp: HRS
§§342D-2, 342D-4, 342D-S, 342D-6, 342D-50;
40 CFR Part 122, 40 CFR §122. 28 (b) (3) {i))
§11-62-55.04 REPEALED [R MAR 2 1 2016
§11-62-55.05 REPEALED [R MAR 2 I 2016
§11-62-55.06 REPEALED [R MAR 2 1 2016
§11-62-55.07 REPEAL ED [R MAR 2 1 2016
62-98
)
]
]§11-62-55.08 REPEALED [R §11-62-57.02 MAR 2 1 2016 §11-62-56 Standard permit conditions. Standard permit conditions for individual permits are contained in Appendix A entitled Wastewater Management Individual Permit Standard Conditions dated July 1, 2014, and located at the end of this chapter. [Eff and comp 12/09/04; am and comp MAR 2 I Z016 ] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Part 501, 40 CFR §501.15(b)) §11-62-57.01 Transfer of permits. An individual permit coverage may be transferred for the reasons and under the procedures specified in 40 CFR §501.15(c) (1), which allows for transfers by modification or automatically. [Eff and comp 12/09/04; am and comp MAR 2 I 2016 (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, §501.15(c) (1)) §11-62-57.02 Modification or revocation and reissuance of permits. (a) Each permit coverage shall be subject to modification or revocation and reissuance by the director after notice and opportunity for a contested case hearing, except for minor modifications. (b) Individual permits may be modified, or revoked and reissued, for the reasons specified in 40 CFR §501.lS(c) (2) and section 342D-6(e), HRS, and the director shall follow the procedures in 40 CFR §501.15 (c) (2) and (d) (2) and section 342D-6 (e), HRS, except for minor modifications, which shall follow the procedures specified in Appendix A. (c) All applications under section 342D-7, HRS, for a variance from the requirements of subchapter 4 shall be treated as an application for a modification under this section. Any variances, if granted, shall be for a period not to exceed five years and may be renewed upon application. (Eff and comp 12/09/04; am 62-99 ,:, 17 6
§11-62-57 . 03
and comp MAR 2 1 2016
342D-5, 342D-6, 342D-7)
342D-5, 342D-6, 342D-7,
§501.lS(c) (2), (d) (2))
] (Auth: HRS §§342D-4,
(I mp i HRS §§342D-2, 342D-4,
342D-50; 40 CFR Part 501,
§11-62-57.03 Termination of ~ ermits. (a) On
the expiration date specified in t ~ e individual
permit, the permit shall automatically terminate and
the permittee shall be divested of all rights therein.
(b) Each individual permit coverage shall be
subject to termination by the director after notice
and opportunity for a contested
case hearing.
(c) Individual permits may be terminated or
denied for any of the reasons specified in 40 CFR
§501 . 15(c) (3) and section 342D-6(e), HRS, and under
the procedures specified in 40 CFR §501.15(d) (2} and
section 342D-6 (e) , HRS. [Eff and comp 12/09/04; am
and am and comp MAR 2 1 2016 ] (Auth: HRS
§§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4,
342D-5, 342D-6, 342D-50; 40 CFR Part 501, 40 CFR
§§501.lS(c) (3), (d) (2))
§11-62-57.04 Renewal of permits. {a)
Permittees seeking individual permit renewal shall
submit a renewal application at least one hundred
eighty days before the individual permit expires .
(b) An application for individual permit renewal
is subject to all of the requirements for an
application for a new permit , including a draft permit
and fact sheet, public notice , and a possible public
hearing, but excepting deadlines and fees specific to
new permits.
(c) The director may administratively extend the
existing permit pending the renewal of a wastewater
management permit.
{d) Individual permits may be renewed for the
reasons and under the procedures specified in sect i on
342D-6{c), HRS, and renewal may be denied for
noncompliance with the permit . [Eff and comp
12/09/04; am and comp MA R21 2016 ] (Auth : HRS
62-100§11-62-61
§§3420-4, 3420-5, 3420-6) (Imp: HRS §§342D-2, 342D-4,
342D-S, 342D-6, 3420-50; 40 CFR Part 501, 40 CFR
§501.15 (b) (14))
§11-62-58 Conflict of interest. (a) Any board
or body who reviews or approves applications for new,
modified, or renewed individual permits shall not
include as a member any person who receives, or has
during the previous two years received, a significant
portion of that person's income directly or indirectly
from permit holders or applicants for a permit.
(b) For this section the definitions of 40 CFR
§501.15(£) (1) shall apply. [Eff and comp 12/09/04; am
and comp MtJRJ 1 ?nu; ] (Auth: HRS §§3420-3,
342D-4, 342D-5) (Im: AA~ §§342D-2, 3420-3, 342D-4,
342D-5; 40 CFR Part 501, 40 CFR §501.15{f))
SUBCHAPTER 6
WASTEWATER AND WASTEWATER SLUDGE PUMPERS AND HAULERS
§11-62-60 Applicability. This subchapter
applies to all persons who own or conduct operations
that haul or pump wastewater or wastewater sludge,
including septage and grease, and including cesspool
pumping firms (collectively 11 pumpers 11 ). [Eff and comp
12/09/04; comp MAR 21 2016 ] (Auth: FRS §§342D-4,
3 420-5) {Imp: HRS §§3420-2, 3420-4, 3420-5, 342D-50)
§11-62-61 Registration requirements. In
addition to meeting the registration requirements of
sections 11-62-50 (b) {4) and 11-62-53, each pumper
shall submit with its registration:
(1) A statement signed by the owner of the
wastewater and wastewater sludge pumping and
hauling firm attesting that:
(A} The owner has read, understands, and
62-101
317 6131 7 6 1 / §11-62-61 shall follow all applicable rules regarding the collection, disposal, monitoring, recordkeeping, and reporting of pumping and hauling wastewater and wastewater sludge, including septage from individual wastewater systems and other wastewater systems; and (B) The owner has and will continue to provide employees of the pumping and hauling firm with adequate training in the proper pumping, collection, hauling, and disposal of wastewater and wastewater sludge; (2) Copies of authorization to dispose of wastewater and wastewater sludge into any state , county, federal, or private facility or site; and (3) A statement signed by the owner of the wastewater and wastewater sludge pumping and hauling firm describing the firm's prior and current involvement in the activity of cesspool pumping. (Eff and comp 12/09/04; comp MAR 2 1 2016 ] (Auth: HRS §§342D-4, 342D-5) (Imp : HRS §§342D-2, 342D- 4, 342D-5, 342D-50) §11-62-62 Recordkeeping and reporting. In addition to meeting the requirements of section ll-62- 53(c) and (d), each pumper shall maintain the following types of records and information . Such information shall be made available upon request to any state, county, or federal wastewater agency regulating or managing wastewater: (1) Number of wastewater systems, including individual wastewater systems and grease traps pumped; (2) Names of the owner of each wastewater system and grease trap pumped; (3) Location (street address or tax map key or both) of each wastewater system and grease trap pumped; 62-102
§11-62-71
(4)
(5)
( 6)
{ 7)
{ 8)
{9)
Date of pumping;
Type of wastewater or wastewater sludge
pumped;
Volume of wastewater or wastewater sludge
pumped;
Results of any test analyses performed on
the wastewater or wastewater sludge;
Disposal site of the pumped wastewater or
wastewater sludge; and
Date of such disposal. [Eff and comp ] 12/09/04; am and comp MAR 9. 1 2016
(Auth: HRS §§342D-4, 342D-5Y rrmp: HRS
§§342D-2, 342D-4, 342D-5, 342D-6, 342D-50,
342D-55)
SUBCHAPTER 7
VARIANCES, PENALTIES , AND SEVERABILITY
§11-62-71 Variances. {a) Variances and
variance applications shall comply with section
342D-7, HRS.
(b) Variance application forms shall be provided
by the department . All applications for variances
shall be submitted with a filing fee of $300 for each
application. Additionally, the applicant shall pay
all fees assessed for publishing the legal notice(s)
for each variance application. If a public hearing is
required, the applicant shall pay all fees assessed
for publishing the public hearing notice(s).
(c) Applications for renewal of variances shall
be submitted one hundred eighty days before the
expiration of the variance on forms provided by the
department. A filing fee of $150 shall be submitted
with each application for renewal. Additionally, the
applicant shall pay all fees assessed for ' publishing
the legal notice(s) and public hearing notice(s).
Failure to renew a variance within the specified time
will result in the termination of the variance and
62-103
317 6,3176 ,I 1
§11-62-71
require the applicant to apply for a new variance .
[Eff 12/10/88, am 8/30/91; §11-62-41; ren, am and comp
12/09/04; comp MAR 21 2016 ] (Auth: HRS §§321-
11, 342D-4, 3420-5, 342D-7, 342D-13) (Imp: HRS §§321-
11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-
5,342D-7, 342D-50)
§11-62-72 Penalties and remedies. Any person
who violates any provision of this chapter shall be
subject to the penalties and remedies for violations
provided for in chapters 321, 322-part I, 3420, and
342H, HRS. [Eff 12/10/88; §11-62-42; ren, am and
comp 12/09/04; comp MAR 21 2016 ] (Auth: HRS
§§321-11, 322-8(a), 342D-1, 342D-4, 342D-5, 342D-9,
342D-11, 342D-30, 342D-31, 342D- SO) (Imp: HRS § §321-
11, 322-1 to 322-4, 322-8, 322-9, 342D-2, 342D-4,
342D-5, 342D-9, 342D-11, 342D-18, 342D-30, 342D-31,
342D-50, 603-23}
§11-62-73 Severability. If any prov1s1on of
this chapter or its application to any person or
circumstance is held invalid, the application of such
provision to other persons or circumstances, and the
remainder of this chapter, shall not be affected
thereby. [Eff 12/10/88; §11-62-43; ren and comp
12/09/04; comp MAR 21 2016 ] (Auth: HRS §§321-
11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-
4, 322-8, 342D-2, 342D-4, 342D-19, 342D-50)
§11-62-74 Public participation in enforcement.
The department shall provide for public participation
in enforcement relating to violations of subchapters 4
and 5 at least to the extent specified in 40 CFR
§501.17 (d) (2) . [Eff and comp 12/09/04; comp
MAR212016 ] (Auth: HRS §§342D-4, 342D-5)
(Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50; 40 CFR
Part 501, 40 CFR §501 . 17 (d) {2))
62-104SUBCHAPTER 8 FIELD CITATIONS §11-62-82 §11-62-81 Purpose. This subchapter authorizes field citations to effectively and quickly settle easily verifiable violations of chapters 322 and 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under section 342D-9, HRS. [Eff and comp 12/09/04; comp MAR 21 2016 l (Auth: HRS §§321-11, 322-8 (a), 342D-l, 342D-4, 342D-5, and 342D-31) ( Imp: HRS §§321- 11, 322-1 to 4, 322-8, 342D-2, 342D-4, 342D-5, 342D-9, 342D-18, 342D-31, 342D-50) §11-62-82 Offer to settle; settlement amounts. (a) A field citation is an offer to settle an administrative case against a specific violation on a specific day. Instead of issuing a formal notice and finding of violation and order, the director, in the director 1 s sole discretion, through any authorized employee, may issue a field citation by personal service or certified mail to: (1) Any person or owner who causes or allows a wastewater system to create or contribute to a wastewater spill, overflow, or discharge onto the ground or into surface waters, in violation of section 11-62-06(£) (5} or (6); (2} Any person or owner who uses or occupies a building not connected to a wastewater system in violation of section 11-62-06(a}; (3) Any person or owner who constructs, modifies, or uses any individual wastewater system without approval by the director or a county authorized by the director to approve and regulate individual wastewater systems, in violation of section ll-62-08(b} or 11- 6 2 - 31. 1 ( f ) ; or 62-105 317 6
§11-62-82
(4) Any person or owner who does not respond
within thirty days to an operation and
maintenance inspection report issued by the
Department.
(b) A field citation shall indicate the
following settlement amounts:
(1) $200 for a first violation, and $500 for a
subsequent violation for:
(A) Violating sections 11-62-06(a), (fl (1)-
(4) and (fl (6) - (9 ) , 11-62-08 (bl or 11-
62-31.1 (fl ;
(B) Failing properly to operate or maintain
an aerobic treatment unit;
(C} Failing to provide an effective
contract for an aerobic treatment unit;
(D) Failing to respond to department
inspection reports , if the report
states a response is required;
(E) Having a cesspool without a concrete
cover;
(F) Not having a secured manhole cover for
the cesspool; or
(G} A collapsed cesspool .
(2) $500 for a first violation, and $2,000 for
a subsequent violation for violating section
11-62-06(£) (5) or (10); and
(3) $1,000 for a first violation, and $2 , 500
for a subsequent violation for constructing
an individual wastewater system without
department approval to construct . [Eff and
comp 12/09/04; am and comp MAR 21 2016 J
{Auth: HRS §§321-11, 322-8(a), 342D-l,
342D-4, 342D-5, 342D-9, 342D-11, 342D-30,
342D-31, 342D-50) (Imp : HRS §§321-11 ,
322-1 to 4, 322-8, 342D-2 , 342D-4, 342D-5,
342D-9, 342D-11 , 342D-18, 342D-30, 342D-31,
342D-SOl
6 2 -106§11-62-83 §11-62-83 Resolution of field citation. (a) A person issued a field citation may accept the citation by: (1) Signing the field citation; (2) Paying the full amount indicated by the field citation. Payment shall be made payable to the "State of Hawaii 11 by check, cashier's check, money order or as otherwise specified by the director; (3) Mailing or delivering the signed citation and full payment to the wastewater branch in Honolulu, or the district health office for the county where the violation occurred. The department must receive the signed filed citation and full payment within twenty days after the person receives the field citation; and (4) Correction within seven days or unless otherwise specified on the field citation any violation of section 11-62-06 (f) (6). (b) By signing the field citation, the person to whom it was issued agrees to: (1) Give up the person's right to a contested case hearing under chapter 91 or 342D, HRS, or otherwise challenge the field citation; (2) Pay the amount indicated; and (3) Correct the violation. (c) If the field citation is not accepted in compliance with subsection (a), the director may seek for that cited violation any remedies available under this chapter, chapters 321, 322, 342D, HRS, or any other applicable law. For all other violations the director retains authority to seek any available remedies . [Eff and comp 12/09/04; am and comp MAR 21 2016 l (Auth: HRS §§321-11, 322- 8 (a), 342D-r, 342D-4, 342D-5, 342D-9, 342D-11, 342D- 3 0 , 3 4 2 D- 3 1 , 3 4 2 D- 5 0 ) ( I mp : HRS § § 3 21-11 , 3 2 2 -1 to 4 , 322-8, 322-9, 342D-2, 342D-4, 342D-5, 342D-9, 342D-11, 342D-18, 342D-30, 342D-31, 342D-50, 603-23) 62-107 317 6
' ' §11-62-84 §11-62-84 Form of citation. The department shall prescribe a field citation form." [Eff and comp 12/09/04; am and comp MAR 21 2016 ] (Auth: HRS §§321-11, 322-8 (a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 4, 322-8, 342D-2, 342D-4, 3420- 5, 342D-9, 342D-18, 342D-31, 342D-50) 62-108
CHAPTER 11-62 APPENDIX A INDIVIDUAL PERMIT STANDARD CONDITIONS July 1, 2014 Appendix A, Individual standard conditions 1. Duty to comply 2. Compliance with sludge standards 3. Compliance with wastewater effluent standards 4. Compliance with water quality standards 5. Clean Water Act (CWA) penalties 6. Signatory and certification requirement 7. Duty to reapply 8. Need to halt or reduce activity not a defense 9. Duty to mitigate 10. Proper operation and maintenance 11. Permit actions 12. Property rights 13. Duty to provide information 14. Inspection and entry 15. Sampling requirements and definitions 16. Monitoring and recordkeeping 17. Notice requirements 18. Reopener clause 19. Transfers by modification 20. Automatic transfers 21. Minor modification of permits 22. Modification or revocation and reissuance of permits 23. Termination of permits 24. Availability of reports 25. Civil and criminal liability 26. State law 27. Severability The following conditions apply to ind i v i dual permits unless otherwise specified . "Perm i ttee" refers to a person to whom an individual permit has been issued . 62-A-1 3176
3176 • d ' CHAPTER 11-62 APPENDIX A 1. Duty to comply . Permittees shall comply with and are subject to §11-62-0G(q). 2. Compliance with sludge standards. Permittees shall comply with HAR chapter 11 - 62, subchapter 4. 3. Compliance with wastewater effluent standards. Permittees t reating wastewater shall comply with §11-62-26 a nd, if applicable, §11-26-27. 4. Compliance with water quality standards. Permittees shall not cause or contribute to any violation O·f applicable sections of HAR chapter 11-54 . 5. Clean Water Act (CWA) penalties. The monetary fines and imprisonment terms referred to in 40 CFR §§501.15(b) (3), on CWA §309; 501.15 (b) (11) (ii}, on false statement, representation, or certification; and §501.lS(b) (10), on falsification, tampering with, or rendering inaccurate any monitoring device or method; all apply, in addition to any state penalties. 6. Signatory and certification requirements. Each permit application, report, notice, and any information submitted to the director shall be signed and certified as required by §11-62-52 . 7. Duty to reapply. Permittees shall comply wit h §11-62-57.04. 8. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 62-A-2
CHAPTER 11-62 APPENDIX A 9. Duty to mitigate. Permittees shall comply with §11-62-06(j) . 10. Proper operation and maintenance. Perrnittees shall comply with §11-62-06(e) . 11. Permit actions. This permit may be modified, revoked and reissued , or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 12. Property rights. This permit does not convey any property rights of any sort, or any exclusive privilege. 13. Duty to provide information . The permittee shall furnish to the director, within a reasonable time, any information which the director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the director, upon request, copies of records required to be kept by this permit. 14 . Inspection and entry. The permittee shall allow the director , or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 62-A-3 ~176
CHAPTER 11-62 APPENDIX A c . I nspect at reasonable times any facility, equipme n t (including monitoring and control equipment), practices , or operations regulated or required under this permit ; and d . Sample o r mo nitor at reasonable times, for the purposes of assuring permit compliance or as otherwise auth o rized by the Clean Water Act , any substances , parameters , or practices at any l o cati o n. 15. Sampling requirements. a . Sampling points. All samples shall be taken at the monitoring points specified i n this permit a nd , unless otherwise specif i ed , before final use, disposal, or discharge. Mon~toring points shall not be changed wit h out notification t o and the approval of the director. No use, disposal , or disc h arge is authorized which does not to tally pass through the final monitorin g point. b. Calibration . The permittee shall periodically calibrate and perform maintenance on al l monitoring an d analytical equip ment used to monitor the pol l utants, sludge, and other items spe ci fi e d by the director under this permit, at intervals which wi ll ensure the accuracy of measurements, but no less than the manufacturer's recommended intervals or one year intervals (whichever comes first). [Records of c a li b r a ti o n shall be kept pursuant to section 13(b) of this ge n era l permit . ] 16. Monitoring and recordkeeping. a . Mo ni t oring res u lts shall be reported a t a frequency specified here or else where in th e 62- A-4
CHAPTER 11-62 APPENDIX A permit, whichever is greater. The frequency of sampling shall be dependent on the size of the wastewater system, nature and effect of the wastewater, reclaimed water, and wastewater sludge use and disposal practices. At a minimum, the frequency shall be as required by §§11-62-26(a), 11- 62-26(c) , 11-62-28(a), and subchapter 4. b . Representative sampling. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activities listed in §§11-62- 26(a), 11-62-26(c), 11-62-28(a) , and subchapter 4. As used in this section, a representative sample means that the content of the sample shall (1) be identical to the c o ntent of the substance sampled at the time of the sampling; (2) accurately represent the monitored item (for example, sampling to monitor final effluent quality shall accurately represent that quality, even though the sampling is done upstream of the discharge point); and (3) accurately represent the monitored item for the monitored time period (for example, sampling to represent monthly average effluent flows shall be taken at times and on days that cover significant variations ). Representative sampling may mean including weekends and storms and may mean taking more samples than the minimum number specified elsewhere in the permit. The burden of proving that sampling or monitoring is representative shall be on the permittee. c . Record retention. The permittee shall retain records of all monitoring information, including all ca l ibratio n and maintenance records and all original strip 62-A-5 ~176
CHAPTER 11-62 APPENDIX A
chart re cordings for continuous monitoring
instrumentation , copie s of all reports
required by this permit, and records of all
data used to complete the application for
this permit, for a period o f at least five
(5) years from the date of the sample,
measurement , report or app l i c at i on. This
period may b e extended by r equest of the
direct o r o f health at any time.
d . Records ' co n tent. Records of monitoring
informati o n shal l include:
(1) The date, exact place, and time of
samp l ing or measurements;
{ 2) The name of individual(s} who performed
the sampling or measurements;
(3) The date ( s) analyses were performed;
(4) The n ame of individual{s) who performed
the analyses;
(5) Th e analytical techniques or methods
use d and if available, references and
written procedures for these techniques
or methods; and
(6) The res u lts of such analyses, including
be n ch sheets, instrument read o uts,
etc., used to determine these results.
e. Monit o ring procedures. Unless other
proce du res have been spe c ifie d in this
permit, monitor i ng shall be c o nducted
according to tes t procedures approved under
40 CFR Pa r t 136 or, i n the case of sludge
use or disposal, approved under 40 CFR P~ r t
503.
17. Notice requirements .
31 7 6 1 ~I ◄
a . Planned changes . The permittee shall give
notice to the director as soon as possible
of any planned physi c al alterations or
addit i ons to the permitted facility, or
significant c hange s pl a nne d in the
62 - A-6CHAPTER 11-62 APPENDIX A permittee's sludge use or disposal practice, where such alterations, additions, or changes may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan . b. Anticipated noncompliance. The permittee shall give advance notice to the director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. c . Transfers . This permit is not transferable to any person except after notice to the director. The director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the CWA. d. Other noncompliance reporting. The permittee shall report all instances of noncompliance . Reports of noncompliance shall if applicable follow the spill protocol of appendix C otherwise shall be submitted with the permittee's ne x t self monitoring report or earlier if requested by the director or if required by an applicable standard for wastewater sludge use or disposal or condition of this permit. e. Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the 62-A-7
~176 CHAPTER 11 -62 APPENDIX A director, it shall promptly submit such facts or information. 18. Reopener cl au se . ; l J a. If the standards for wastewater and wastewater sludge applicable to the permittee 1 s use, disposal, or discharge method are promulgated under the Clea n Water Act, the Hawaii Revised Statutes, or the Hawaii Administrative Rules before the expiration date of this permit , and those standards are more stringent than the wastewater or wastewater sludge pollutant limits or acceptable management practices authorized in this permit, or controls a pollutant or practice not l imited in this permit, this permit may be promptly modified or revoked and reissued to conform to the standards for wastewater or wastewater sludge use, disposal, or discharge by no later than the compliance deadline specified in the regulat i ons establishing those standards, whether or not this permit has been modified or revoked a nd reissued. b. This permit shall be modified or revoked and reissued at any time if, o n the basis of any new data, the director determines that continued wastewater or wastewater sludge use, disposa l , or discharge may cause unreasona b le degradation of the environment. c. The permittee shall comply with new standards for wastewater sludge use or disposal adopted in 40 CFR 503 during the term of the permit, if they are more stringent than the terms of the permit and chapter 11 -62, even if this permit has not yet been modified to i n corporate the standa r ds. 62-A-8
CHAPTER 11-62 APPENDIX A 19. Transfers by modification. Except as provided in condition 20 of these standard conditions, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued to identify the new permittee and incorporate such other requirements as may be necessary to assure compliance with the CWA . 20. Automatic transfers. As an alternative to transfers under condition 19 of these standard conditions , the director may authorize automatic transfer of any permit issued under this rule to a new permittee if : a. The current permittee notifies the director at least 30 days in advance of the proposed transfer date in condition 20 . c. of these standard conditions; b. The notice includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them; and c . The director does not notify the existing permittee and the proposed new perrnittee of the director's intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement of condition 20 . b of these standard conditions. 21. Minor modification of permits . Upon the consent of the permittee, the director may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this section without following the procedures of §11- 62-57 . 02. Any permit modification not processed as a minor modification under this section must be made for cause and with draft permit and 62-A-9 3176
CHAPTER 11-62 APPENDIX A public notice as required. Minor modifications may only: a. Correct typographical errors; b. Require more frequent monitoring or reporting by the permittee; c. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; and d. Allow for a change in ownership or operational control of a facility where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the director . 22 . Modification or revocation and reissuance of permits. Permittees sha l l comply with and are subject to §11-62-57.02, except for minor modifications. 23 . Termination of permits . Perrnittees are subjec t to §11-62-57 . 03 and general permittees are als o subject to §11-62-55.03. 24 . Availability of reports. Except for data determined to be confidential under HRS §3420-14, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the director. As required by this rule, permit applications, permits, and effluent and wastewater sludge da ta shall not be considered confidential . 62-A-10 317 6 114
CHAPTER 11-62 APPENDIX A 25. Civi1 and crimi.na1 1iabi1ity. Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 26 . State 1aw . Nothing in this permit shall be constructed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation . 27. Severabi1ity. The provisions of this permit are severable , and if any provision of this permit, or the application of any provision of this permit to any circumstance, if held invalid, the application of such provision to other circumstances , and remainder of this permit, shall not be affected thereby . 62-A-ll 317E
CHAPTER 11-62 APPENDIX B RESPONSES FOR WASTEWATER SPILLS, OVERFLOWS, AND DISCHARGES ( "SPILLS 11 ) Ju ly 1, 2014 Table of contents 1. Points of contact 2 . Spills into state waters, excluding R-1 water from recycled water systems 3. Spills into state waters of R-1 water from recycled water system 4. Sp i lls to ground only - with public access 5. Spills to ground only - with no public access 6 . Spills to ground only - R-1 and RO water only 7. Press release 8. Mo n itoring of state water 9. Reporting 10. Modifications by the director 62-B-l f~176 , f
CHAPTER 11-62 APPENDIX B 1. Points of contact Agency Phone Fax Clean Water Branch (CWB) Wastewater Branch (WWB) 586-4309 586-4294 586-4352 586-4352 Environmental Health Programs Hawaii District Health Office Kauai District Health Office Maui District Health Office (EHP) 933-4371 241-3323 984-8234 State Hospital Operator (SHO) 247-2191 Communications Office 933-4669 241-3480 984-8237 586-4444 2. Spills from any facility into state waters, excluding R-1 water from recycled water systems a . Applicability . Any wastewater spill which enters into state waters from a public or private wastewater system. (1) "State waters" has the meaning defined in HRS section 341-D, and includes drainage ditches, whether or not water is always fl o wing in them. (2) Exclusion . Spill of R-1 water covered by Appendix J to HAR chapter 11-5, "NPDES General Permit Authorizing Discharges of R-1 Water from Recycled Water Systems". That general permit does not cover spills from treatment works. b. Immediate notice to DOH. If a spill occurs during working hours: (1) The wastewater system owner or its agent (owner/agent) shall immediately notify the CWB of any spill into state waters; and (2) If a spill occurs on the neighbor islands, the owner/agent shall also immediately notify their respective 62-B-2 3176
If a ( 1) ( 2) CHAPTER 11-62 APPENDIX B district environmental health program chief, spill occurs during non-working hours: Contact the state hospital operator; and The next working day notify the CWB and the respective district EHP chief with a fol l ow-up call. c . Press Release. The owner/agent shall immediately send out a press release for spills of a thousand gallons or more and for lesser spills if they present a substantial threat to public health. A press release shall comply with section 7. A press release is not required if the owner/agen t demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. d . Disinfection. The owner/agent shall disinfect wastewater which is continuously being spilled into nearshore waters if sufficient disinfection contact time is available. Best judgment should be used in determining the amount of chlorine added to the discharge if chlorine is used as a disinfectant. Disinfection is not required if the ow n er / agent demonstrates that the spill was either R-1 or R-2 water and that BMPs as approved by the director were implemented. e . Warning signs. The owner/agent shall immedia t ely post warning signs in the area(s) likely to be affected by the spill and where public access is possible. Posting of warning signs is not required if the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. 62-B-3
CHAPTER 11-62 APPENDIX B The director shall also assure that a sufficient number of warning signs have been posted and the locations are adequate. Authorization to remove the signs shall also come from the director. f . Monitoring. The owner/agent shall conduct bacterial monitoring for any spill greater than 100 gallons or when public health may be threatened in accordance with section 8. Monitoring is not required if the owner/agent demonstrates that the spill was R-1 water and that BMPs as approved by the director were implemented. g, Reporting . The owner/agent shall report to the CWB under section 9.a. 3 , Spills into state waters of R-1 water from recycled wate~ systems a . Applicability. Any spills of R-1 water covered by Appendix J t o HAR chapter 11-55, "NPDES General Permit Auth o rizing Discharges of R-1 Water from Recycled Water Systems." (1) "State waters" has the same meaning defined in HRS secti o n 3420-1, and includes drainage ditches, whether or not water is always fl o wing in them. (2) Exclusion . The general permit does not cover spills fr om treatment works. b . Requirements. Among other things, the general permit requires filing a Notice of Intent before any discharge, compliance with standard conditions in appendix A of chapter 11-55, implementation of best management practices (BMPs), monitoring of discharges, avoiding violations of water quality criteria, and specified reporting. The full 62-B-4 ,; 1 7 f...
CHAPTER 11-62 APPENDIX B statement of requirements appears in the general permit. 4. Spills to ground only - with public access 1317 6 -d a . Applicability. Any wastewater spill from a wastewater system onto the ground and that does not enter state waters but is in an area which is or may be accessible to the public. (1) In this appendix, the public includes hotel , apartment , and condominium residents and guests, or condominium apartment owners at their own condominium, and management personnel and building or facility staff, unless the person is specifically an operator of the wastewater system or a manager of the property. (2) In this appendix, areas inaccessible to the public include areas: (a) Confined within a fenced or walled (six foot high with locked gate or door) area; and (b) Contact with the spill is limited to wastewater system operating personnel and management personnel for the property owner or lessee. (3) Exclusion. Spills of R-1 water provided the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented . b . Immediate notice to DOH. If a spill of a thousand gallons or more occurs during working hours: 62 -B-5
CHAPTER 11-62 APPENDIX B (1) On Oahu, the wastewater system owner/agent shall immediately notify the WWB; or (2) On the neighbor islands, the owner/agent shall immediately notify their respective district EHP chief. If a spill of a thousand gallons or more occurs during non-working hours: (1) Contact the state hospital operator; and (2) The next working day notify the WWB or on the neighbor islands, the respective district EHP chief with a follow-up call. c . Press release. The owner/agent shall immediately send out a press release for spills of a thousand gallons or more, and for lesser spills if they present a substantial threat to public health. A press release shall comply with section 7. d . Disinfection. The owner/agent shall disinfect the wastewater that is spilled onto the ground if the wastewater remains ponded on the ground for any sufficient length of time or if the discharge continues for any significant duration. Disinfection is not required if the owner/agent demonstrates that the spill was R-2 water and that BMPs as approved by the director were implemented. e . Warning signs. The owner/agent shall immediately post warning signs in the vicinity of the spill area. f . Clean up. All spill sites shall be cleared of all debris and standing wastewater, and disinfected pursuant to section 4.d. 62-B-6 B176
CHAPTER 11-62 APPENDIX B In areas containing standing wastewater which cannot be removed, the owner/agent shall limit public access by having barricades or other means. g . Reporting. The owner/agent of a public or private wastewater system shall report to the WWB as follows: (1) For spills of a thousand gallo n s or more, the owner/agent shall report to the WWB under section 9.a. (2) For spills less than a thousand gallons, immediate notice and reporting are not required. A tabulated summary of all spills less than a thousand gallons each shall be submitted to the WWB on a quarterly basis in accordance with section 9.b. (3) Exfiltration. Reporting of leaks or breaks in pipelines discovered du ring inflow/infiltration repair work is not required. These situations are considered exfi l tration. 5 . Spi11s to ground on1y - with no pub1ic access a. Applicability. All wastewater spills from any public or private wastewater system that does not enter state waters and a r e i n a re a s inaccessible to the publ i c. (1) The publ i c and inaccessibility are described in section 4.a. (2) Exclusio n . Spills of R-1 water provided the owner/agent d emonstrates the spill was of R-1 wa t er a nd that BM Ps as approved by the director were implemen t ed. b . Immediate notice to DOH. If a spill of a thousand gallons or more, and for spills over 50 ga l lons occu rri ng more than twi ce 62-B-7
CHAPTER 11-62 APPENDIX B within a 12 month, from the same cause and/or locati o n, peri od within the confines or fence line o f a wastewater system, the owner/agent shall no tify the WWB within 24 hours. c . Reporting. For spills of a thousand gallons or more, and for spills over SO gallons occurring more than twice within a 12 month period, from the same cause and/or location, within the confines or fence line of a wastewater system, the owner/agent shall rep o rt to the WWB under section 9.a. d . Recording. The owner/agent shall record and tabulate the date and time of the spill, the amount released, the cause(s) for the spill, c lean up e ff o rts, and remedial actions taken to prevent future spills for all spills greater than SO gallons as they happen. The owner/agent shall keep the records and tabulations on site and make the records and tabulation available to the director for inspection and copying. 62-B-8 0176
CHAPTER 11-62 APPENDIX B 6 . Spills to ground only - R-1 and RO water only -317 6 · uJ. J. . a . Applicability. Spills of R-1 or RO water provided the owner/agent demonstrates the spill was of R-1 or RO water and that BMPs as approved by the director were implemented. b . Notice to DOH. (1) For spills of a thousand gallons or more occurs, the wastewater system owner / agent shall notify the WWB at least by phone by the end of the next wo rking day. The notice shall provide the information required by section 6.d(l), below. (2) For spills of less than a thousand gallons, but more than fifty gallons, next day n otice is not required, but the wastewater system owner/agent shall record the information and report as required by section 6.d. c . Warning signs. For spills greater than fifty gallons, t h e owner/agent shall immediately post warning signs in the vicinity of the spill area. d . Reporting. The owner/agent of a wastewater system s h all r eport in writing to the WWB as follows: (1) Information of each spill shall include at least the spill's date, time, location, quantity, the reason for the spill, and any corrective action. (2) For spills more than fifty gallons, a tabulated summary shall be submitted to the WWB each year with the summary report required by section 11-62-28. 62 - B- 9
CHAPTER 11-62 APPENDIX B 7. Press release The press release shall describe the location of the spill , the amount of wastewater released, what caused the spill, and what is being done to correct the situation. Also, include a contact person and telephone number (including an after hours/weekend contact) . At a minimum, the press release shall be faxed, emailed or telephoned to the following: a. Associated Press (for radio dissemination); b . Major statewide and island newspapers; c . Major television news stations; d. Department of Health , Communications Office, Oahu e. CWB if into state waters, otherwise WWB; and f. For neighbor island spills, also include faxing the press release to the respective island DHOs . 8 . Monitoring of state waters Monitoring shall begin as s o on as possible and be conducted in the receiving water area affected by the spill. Bacterial monitoring is not required if the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented . For spills entering fresh or brackish waters, the bacterial monitoring shall consist of sampling for the following indicator organisms: a. Enterococci; and b. Clostridium perfringens. For spills entering marine waters, the bacterial monitoring shall consist of sampling for the following indicator organisms! 62-B-10 Bl76
CHAPTER 11-62 APPENDIX B a. Enterococci; and b. Clostridium perfringens. Results of the bacterial monitoring shall be submitted to the director in care of the CWB immediately. Monitoring shall continue until notification to stop is received from the director . With the approval of the director, on a case by case situation, some pr ot oc ol requirements such as sampling or sign posting may be waived. The director shal l also be informed of the sampling stations and may modify the number of stations and site selection. The director may require additional bacterial monitoring by the owner/agent to supplement their existing monitoring program, as may be necessary or appropriate. g, . Reporting a . When required above, the owner/agent shall submit a written report of the details of the spill within five (5) working days of the incident to the director in care of the CWB or WWB as applicable. The director may waive the five day written reporting requirement on a case by case basis provided that the director receives a request for waiver prior to the due date of the report. The repor t shall include the date and time of the spill, the amount released, the cause(s) of the spill, location where the spill entered state waters (storm drains, ditches, streams, etc. ), clean up efforts, remedial actions to prevent future spills, a summary of the monitoring data, a map of t he 62-8-11
CHAPTER 11-62 APPENDIX B sampling locations and public notification procedures if applicable. b. For spills not reported under section 9.a. and when required above, the owner/agent shall tabulate the following information : the date and time of the spill , the amount released, the cause(s) for the spill, clean up efforts, and remedial actions taken to prevent future spills . The owner/agent shall submit each quarter's tabulation to the WWB within 30 days after the quarter. 10. Modifications by the director With the approval or under the direction of the director , response requirements may be increased, changed , reduced, or eliminated . For example, the director may require the owner/agent to post additional Warning Signs as needed or may assist in the removal of warning signs. 62-B-12 0176
CHAPTER 11-62 APPENDIX C FALLING HEAD TEST PROCEDURE July 1, 2014 A. Preparing Percolation Test Hole(s) 1. Dig or bore a hole; four to twelve inches in diameter with vertical walls to the approximate depth of the soil absorption system (bottom of trench or bed). 2. Scratch the side wall and bottom to remove any smeared soil and remove loose material . 3. Place one inch of coarse sand or gravel on bottom to protect bottom from scouring action when the water is added. B. Determine Percolation Rate 1. If soil is mostly clay, go to step D. 2. Place twelve inches of water in hole and determine time to seep away. Record this time on the site evaluation form. 3. Repeat step B.2. above. Also record this time on the site evaluation form. 4. If the time of the second test is less than ten minutes go to step C, if not skip to step D. C. Sandy (granular) Soils 1 . Establish a fixed reference point, add water to six inches above gravel and measure water level drops every ten minutes for 1 hour. 2. Use a shorter time interval if first six inches seeps away in ten minutes or less. 3. After each measurement, the water level is readjusted to the six inch level . At no time during the test is the water level allowed to rise more than the six inches above the gravel. 4. Record time intervals and water drops on site evaluation form. 5. Use final water level drop interval to calculate percolation rate. ( step F) 62-C-1
CHAPTER 11-62 APPENDIX C D. Other soils (non-granular, e . g . silt, loams and clays) 1. Maintain at least twelve inches of water in the hole for at least four hours to presoak soil. 2. Do not remove water remaining after four hours. 3. Permit soil to swell at least twelve hours. (Dry clayey soils should be soaked and permitted to swell for longer periods to obtain stabilized percolation rates). 4. After swelling, remove loose material on top of gravel. 5. Use fixed reference point, adjust water level to six inches above gravel and measure water level drop. 6 . If the first six inches of water seeps away in less than thirty minutes, measure water level drops every ten-minutes and run for one hour. 7. If the first six inches of water takes longer than thirty minutes to seeps away, use thirty minute time intervals for four hours or until two successive drops do not vary by more than one-sixteenth inch (stabilized rate). 8. After each measurement, the water level is readjusted to the six inch level. At no time during the test is the water level allowed to rise more than the six inches above the gravel. 9. Record time intervals and water drops on site evaluation form. 10. Use final water level drop interval to calculate percolation rate. (step Fl F. Use final drop interval to calculate percolation rate and record on site evaluation form: Time Interval Water Level Drop = Pere rate 62-C-2 1317 6
1317 6 CHAPTER 11-62 APPENDIX D - TABLES Type of Establishment Airports (per passenger) Camps: TABLE I July 1, 2014 Campground with central comfort stations With flush toilets . no showers Construction camps (semi-permanent) Day camps (no meals served) Resort camps (night and day) with limited plumbing Luxury camps Church With kitchen Without kitchen Cottages and small dwellings with seasonal occupancy (2 persons per bedroom minimum) Country clubs (per resident member) Country clubs (per non-resident member present) Dentist per chair Doctor per patient Dwelling (2 persons per bedroom minimum) Factories (gallons per person, per shift , exclusive of industrial waste) Hair salons and barber shops , Bsrber shops (per chai~) Beauty salons lper chair> Hospitals (per bed space> Hotels with private baths (2 person per bedroom minimum) Institutions other than hospitals (per bed space> Laundries , self-service (per machine) Mobile home parks (per space> Motels with bath, toilet . and kitchen waste (per bed space) Picnic parks (toilets wastes only) (per picnicker) Picnic parks with bathhouses, showers, and flush toilets Res t aurants Per day per seat Per meal without public restrooms Per meal served with toilets Additional kitchen wastes per take out meals Additional for bars and cocktail lounges , per seat Schools: Boarding Day, without gyms, cafeteria , or showers Day, with gyms, cafeteria , and showers Day. with cafeteria , but without gyms or showers service station lper vehicle served) Swimming pools and bathhouses Theaters: Movie (per auditorium seat> Drive-in (per car space) Workers (in addition to above): I J Construction (at semi-permanent camps> Day, at schools and offices (per shift) Employee (per shift) 62-D-1 Gallons Per Person Per Day (Unless Otherwise Noted) 5 32 25 50 15 50 100 10 5 100 100 25 200 5 100 35 50 125 250 100 125 300 250 60 5 50 50 5 10 3 15 10 0 15 25 20 10 10 5 5 50 20 20
CHAPTER 11-62 APPENDIX D - TABLES Minimum Horizontal Distance From Wall line o f any structure or building Property line Stream, the ocean at the shoreline certification, pond, lake, or other surface water body Large trees Treatment unit Seepage pit Cesspool Soil absorption system Potable water sources serving public water systems TABLE II July 1 , 2 014 Soil Treatment Seepage Absorption Cesspool ( ft) Unit Pit System 5 9 50 10 5 18 18 5 1000 (ft) ( ft) Jill 5 5 50 5 5 5 5 5 500 62-D-2 5 9 50 10 5 12 18 5 1000 5 5 50 10 5 5 5 5 1000
CHAPTER 11-62 APPENDIX D - TABLES Pe r co lati on Rate (min / i nch ) Less than or e qual t o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 2 4 25 26 27 28 29 30 TABLE III Ju l y 1 , 2014 Required Pe r co lati on Ra t e Abs o rpti on Area (min/ in ch I Le ss ( ft 2 /bed r oo m or than or e qua l t o 200 aall o ns ) 70 31 85 32 10 0 33 11 5 34 1 25 35 1 33 36 141 37 14 9 38 157 39 1 65 40 170 41 175 42 180 43 1 85 44 1 90 4 5 194 4 6 198 47 202 4 8 206 4 9 210 50 21 4 5 1 218 52 222 53 226 5 4 230 55 23 4 56 238 57 242 58 246 59 250 60 62-D-3 Re qu ire d Ab so rpti on Area (ft 2/ be dr oom or 200 gall o ns ) 253 257 260 263 267 270 273 277 2 8 0 2 8 3 2 87 290 293 297 300 302 304 306 30 8 31 0 312 314 316 31 8 320 322 324 326 328 330
CHAPTER 11-62 APPENDIX D - TABLES TABLE IV July 1 , 2014 Pollutant Ceiling Pollutant Concentration Limit (dry weight basis, mg/kg) Arsenic Cadmium Chromium Copper Lead Mercury Molybdenum Nickel Selenium Zinc TABLE V July 1, 2014 Amount of Wastewater Sludge (Metric Ton per 365 day period, dry weight basis) Greater than zero but less than 290 Equal to or greater than 290 but less than 1500 E9ual to or greater than 1500 but less than 15,000 Equal to or greater than 15,000 Amount of Wastewater Sludge (English Ton per 365 day period, dry weight basis) Greater than zero but less than 320 Equal to or greater than 320 but less than 1650 Equal to or greater than 1650 but less than 16,500 Equal to or greater than 16,500 62-D-4 20 15 200 1500 300 10 25 420 25 2000 Frequency Once per year Once per quarter Once per 60 days Once per month Frequency Once per year Once per quarter Once per 60 days once per month
CHAPTER 11-62 APPENDIX D - TABLES Horizontal Distance TABLE VI Ju ly 1 , 2014 From Waters of the United States, state waters, the ocean at the vegetation line, or any other surface water body Property line Occupied building or dwelling Potable water source serving public water systems TABLE VII July 1 , 2014 Fee t 50 50 500 1000 Pollutant Ceiling Pollutant Concentration Limit (dry weight basis, mg/kg ) I I Arsenic 20 I Chr o mi um 200 Nickel 42 0 62-D-5
CHAPTER 11-62 APPENDIX E CHAPTER 11-62 FORM A CERTIFICATION FORM - LAND APPLICATION July 1, 2014 Instructions: 1. Each form must be sign e d and dated to be valid. 2. The certifier shall print o r type his name below the signature line and print or type the certifier's title, if any, where indicated. 3. When the certifier checks a box or fills in a line other than the signature or date lines, the certifier shall initial below the check or the line , unless the certifier uses preprinted versions of the f orm which delete the boxes and lines which must be initialed. [ ] For preparers only, I certify, under penalty of law, that: [ 1 1. [ ) 2 . The pollutant concentration ceiling limits in Table IV of c hapter 11-62, HAR have been met . The following pathogen requirements have been met: [] a. The Class A pathogen requirements of §11-6 2- 46(a), HAR, specifi c ally §11-62-46(a) ( __ ); or [ ] b. The Class B pathogen requirements of 40 CFR §503.32 (b),specifical l y §503.32(b) (___ ) and no tificati on each land owner and land applier of wastewater sludge which I have prepared , of the spacing and site restrictions in §11-62- 43(g), HAR; and the 62-E-1 ,,17 6
1317 6 [ ] 3 . CHAPTER 11-62 APPENDIX E management requirements in §11-62-43(h), HAR. Vector attraction reduction: [] a. One of the vector attraction reduction requirements in 40 CFR §503.33(b) (1) through (8) , has been met, specifically §503.33(b) ( ); or [] b. I have not met the one of the requirements of 40 CFR §503.33(b) (1) through (b) (8), and I informed the land applier and the owner of the land application site that one of the vector attraction reduction requirements in 40 CFR §503. 33 (b) (9) or (b) (10) must be met; [ ] For appliers of wastewater sludge only, I certify , under penalty of law, that: [ ] 4 . [ ] 5 . [ ] 6 . One of the vector attraction reduction requirements in 40 CFR §503.33(b) (9) or (b) ( 10) has been met , specifically §503. 33 (b) (__ ); The spacing and site restrictions in §11-62-43(g) have been met; and The management requirements in §11-62- 43(h), HAR have been met. [ } For appliers of septage only, I certify, under penalty of law, that: ( ] 7 . One of the pathogen requirements in 40 CFR §503.32(c) (1) or (c) (2) has been met, specifically §503.32(c) ( ); 62-E-2
[ ] 8 . [ ] 9. CHAPTER 11-62 APPENDIX E One of the vector attraction reduction requirements in 40 CFR §503.33(b) (9), (b) (10), or (b) (12) has been met, specifically §503.33(b) ( __ ); The spacing and site restrictions in §11-62-44(9), HAR have been met; and [ ] 10. The management requirements in §ll-62- 44(h), HAR have been met. I certify, under penalty of law, that the information that will be used to determine compliance with the foregoing requirements was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false c ertification including the possibility of fine and imprisonment. Date Name Title: ------------ 62 -E-3 ~17 6
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Amendments and compilation of chapter 62, title
11, Hawaii Administrative Rules, on the Summary Page
dated MAR 2 1 2016 were adopted on MAR 2 1 201h
following public hearings held on December 11, 14, 15,
17, 18 and 21, 2015, after public notice was given in
the Honolulu Star-Advertiser, Hawaii Tribune-Herald,
West Hawaii Today, The Maui News, and The Garden Isle
on November 23, 2015.
The adoption of chapter 11-62 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
\) -
of Health
Governor
- 9. State of Hawaii
- 1:::2
-- Dated: 2- ( ,,.- 7 O l (e
c:: cc -------------::c
'° :- Filed
APPROVED AS TO FORM:
EDWARD G. BOHLEN
Deputy Attorney General
62-109
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