62 App - Wastewater Systems

CHAPTER 11-62 APPENDIX A
INDIVIDUAL AND GENERAL PERMIT STANDARD CONDITIONS
April 15, 1997
Appendix A, Individual and general permit standard conditions

The following conditions apply to both individual and general permits unless otherwise specified.

"Permittee" refers to a person to whom an individual

permit or a notice of general permit coverage has been issued.

1. Duty to comply.

Permittees shall comply with and are subject to §11-62-06(q).

2. Compliance with sludge standards.

Permittees shall comply with HAR chapter 11-62, subchapter 4.

3. Compliance with wastewater effluent standards.

Permittees treating wastewater shall comply with §11-62-26 and, if applicable, §11-26-27.

4. Compliance with water quality standards.

Permittees shall not cause or contribute to any violation of 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 §501.15(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 notice of intent, 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 with §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.

9. Duty to mitigate.

Permittees shall comply with §11-62-06(j).

10. Proper operation and maintenance.

Permittees 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 my 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;

c. Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances, parameters, or practices at any location.

15. Sampling requirements.

a. Sampling points. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before final use, disposal, or discharge. Monitoring points shall not be changed without notification to and the approval of the director. No use, disposal, or discharge is authorized which does not totally pass through the final monitoring point.

b. Calibration. The permittee shall periodically calibrate and perform maintenance on all monitoring and analytical equipment used to monitor the pollutants, sludge, and other items specified by the director under this permit, at intervals which will ensure the accuracy of measurements, but no less than the manufacturer's recommended intervals or one year intervals (whichever comes first). Records of calibration shall be kept pursuant to section 13(b) of this general permit.

16. Monitoring and recordkeeping.

a. Monitoring results shall be reported at a frequency specified here or elsewhere in the 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 content 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 calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least five (5) years from the date of the sample,

measurement, report or application. This period may be extended by request of the director of health at any time.

d. Records' content. Records of monitoring information shall include:

(1) The date, exact place, and time of sampling or measurements;

(2) The name of individual(s) who performed the sampling or measurements;

(3) The date(s) analyses were performed;

(4) The name of individual(s) who performed the analyses;

(5) The analytical techniques or methods used and if available, references and written procedures for these techniques or methods; and

(6) The results of such analyses, including bench sheets, instrument readouts, etc., used to determine these results.

e. Monitoring procedures. Unless other procedures have been specified in this permit, monitoring shall be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 503.

17. Notice requirements.

a. Planned changes. The permittee shall give notice to the director as soon as possible of any planned physical alterations or additions to the permitted facility, or significant changes planned in the 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 next 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 director, it shall promptly submit such facts or information.

18. Reopener clause.

a. If the standards for wastewater and wastewater sludge applicable to the permittee's use, disposal, or discharge method are promulgated under the Clean 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 limited 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 regulations establishing those standards, whether or not this permit has been modified or revoked and reissued.

b. This permit shall be modified or revoked and reissued at any time if, on the basis of any new data, the director determines that continued wastewater or wastewater sludge use, disposal, or discharge may cause unreasonable 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 incorporate the standards.

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 permittee 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 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 shall comply with and are subject to §11-62-57.02,except for minor modifications.

23. Termination of permits.

Permittees are subject to §11-62-57.03 and general permittees are also subject to §11-62-55.03.

24. Availability of reports.

Except for data determined to be confidential under HRS §342D-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 data shall not be considered confidential.

25. Civil and criminal liability.

Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.

26. State law.

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. Severability.

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.

GENERAL PERMIT FOR TREATMENT WORKS
April 15, 1997

1. Coverage under this general permit

a. This general permit covers treatment works which comply with the basic wastewater treatment criteria in §11-62-26 and treatment works from which sludge is not covered by §§11-62-40(a)(2) through (4) and 11-62-50(d).

b. NOI deadlines. The owner of an existing or proposed treatment works shall submit a complete NOI in compliance with §11-62-55.05.

c. Geographical coverage. This general permit covers the entire State of Hawaii.

d. Limitations on Coverage. This general permit does not cover the following:

(1) Treatment works which are regulated by an existing individual permit.

(2) Treatment works which treat wastewater sludge for direct land application.

(3) Treatment works which the director finds to have violated, be violating, or contributing to a violation of chapter 11-62.

(4) Treatment works which the director finds more appropriately regulated under an individual permit.

e. In accordance with §§11-62-55.03 and 11-6255.08, the director may require the owner of any treatment works covered by this general permit to apply for and obtain an individual permit.

2. Term of general permit.

a. This general permit becomes effective when §11-62-55.01 becomes effective ten days after filing with the office of the lieutenant governor. This general permit expires five years after the effective date or when amendments to §11-62-55.01 are adopted, whichever is earlier.

b. A notice of general permit coverage under this general permit expires:

(1) Five years after the effective date of this general permit.

(2) When the notice of general permit coverage specifies; or

(3) When amendments to §11-62-55.01 are adopted,

whichever is earlier, unless the notice of general permit coverage is administratively extended under §11-62-55.06.

3. Notice of intent requirements

a. A person seeking coverage under this general permit shall comply with the NOI requirements of §11-62-55.05.

b. The complete NOI shall be submitted to the director at the Wastewater Branch, State Department of Health, P.O. Box 3378, Honolulu, Hawaii 96801.

4. Compliance with other laws, NPDES and UIC.

a. Treatment works which discharge into any State waters shall have a NPDES permit.

b. Treatment works which discharge into an underground injection well shall have a UIC permit under chapter 11-23.

5. Use of municipal solid waste landfill unit disposal facilities.

a. Treatment works which dispose of their wastewater sludge into a municipal solid waste landfill unit as defined in 40 CFR 258.2, that complies with the requirements in 40 CFR Part 258 shall make such disposal only at facilities which have been issued a permit under chapter 11-58.1 and are in compliance with the sludge related conditions of that permit.

b. Wastewater sludge disposed of in a municipal solid waste landfill unit shall meet the requirements of chapter 11-58.1 and 40 CFR Part 258 concerning the quality of materials disposed of in a solid waste disposal facility.

c. Monitoring and recordkeeping. The following items shall be monitored and records kept in accordance with condition 16 of appendix A.

(1) Volume of wastewater sludge disposed in tons (dry weight basis).

(2) Name of solid waste disposal facility.

(3) Date wastewater sludge was hauled away from the treatment works.

(4) Name of the person hauling the wastewater sludge from the wastewater treatment works to the solid waste disposal facility.

(5) The description of how vector attraction reduction was met. Methods of vector attraction reduction are listed in section 11-62-47.

(6) Test results of analyses required under subsections b and c, including but not limited to results of paint filter tests, determination of percent solids, determination of vector attraction reduction, and toxicity characteristic

leaching procedures tests, bench sheets, instrument readouts, etc., used to determine these results. (7) The following certification statement: "I certify under the penalty of law, that the paint filter tests, toxicity characteristic leaching procedure tests, and vector attraction reduction requirements have been met. This determination has been made under my direction and supervision in accordance with the system designed to assure that qualified personnel properly gather and evaluate the information used to determine that the necessary requirements have been met. I am aware that there are significant penalties for false certification including fine and imprisonment."

d. Reporting. A copy of the records required by condition 5.c shall be submitted to the director on February 19th of each year.

6. Disposal of sludge into other wastewater systems.

a. Treatment works which dispose of their wastewater sludge into other wastewater systems, shall make such disposal only at systems which have been permitted under this chapter to accept wastewater sludge and are in compliance with the sludge related conditions of that permit.

b. Monitoring and recordkeeping. The following items shall be monitored and records kept in accordance with condition 16 of appendix A.

(1) Volume of wastewater sludge disposed in tons (dry weight basis) or volume disposed in gallons and percent solids.

(2) Name of other wastewater system that the wastewater sludge is disposed.

(3) Date wastewater sludge was hauled away from the treatment works.

(4) Name of the person hauling the wastewater sludge from the sending wastewater treatment works to the receiving wastewater system.

c. Reporting. A copy of the items in condition 6.b shall be submitted to the director on February 19th of each year.

7. Other special conditions. In the director's discretion, other special conditions may be added to a Notice of Coverage which are specific only to the permittee.

RESPONSES FOR WASTEWATER SPILLS, OVERFLOWS, AND DISCHARGES ("SPILLS")
April 15, 1997

Table of contents

1. Points of contact

Agency Phone Fax
Clean Water Branch (CWB) 586-4309 586-4352
Wastewater Branch (WWB) 586-4294 586-4352
Environmental Health Programs (EHP)
Hawaii District Health Office 933-4371 933-4669
Kauai District Health Office 241-3323 241-3480
Maui District Health Office 984-8234 984-8237
State Hospital Operator (SHO) 247-2191
Communications Office 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 flowing 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 district environmental health program chief.

If a spill occurs during non-working hours:

(1) Contact the state hospital operator; and

(2) The next working day notify the CWB and 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. A press release 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.

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 owner/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 immediately 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.

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 water systems

a. Applicability. Any spills of R-1 water covered by Appendix J to HAR chapter 11-55, "NPDES General Permit Authorizing Discharges of R-1 Water from Recycled Water Systems."

(1) "State waters" has the same meaning defined in HRS section 342D-1, and includes drainage ditches, whether or not water is always flowing in them.

(2) Exclusion. The general permit does not cover spills from 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 statement of requirements appears in the general permit.

4. Spills to ground only - with public access

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:

(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.

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 wastewater system shall report to the WWB as follows:

(1) For spills of a thousand gallons 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 during inflow/infiltration repair work is not required. These situations are considered exfiltration.

5. Spills to ground only - with no public access

a. Applicability. All wastewater spills from any public or private wastewater system that does not enter state waters and are in areas inaccessible to the public.

(1) The public and inaccessibility are described in section 4.a.

(2) Exclusion. Spills of R-1 water provided the owner/agent demonstrates 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, and for spills occurring more than twice within a 12 month period within the confines or fence line of a wastewater system, the owner/agent shall notify the WWB within 24 hours.

c. Reporting. For spills of a thousand gallons or more, and for spills occurring more than twice within a 12 month period within the confines or fence line of a wastewater system, the owner/agent shall report 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, clean up efforts, and remedial actions taken to prevent future spills for all spills greater than 50 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.

6. Spills to ground only - R-1 water only

a. Applicability. Spills of R-1 water provided the owner/agent demonstrates the spill was of R-1 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 working day. The notice shall provide the information required by section 6.d(1), below.

(2) For spills of less than a thousand gallons, but more than fifty gallons, next day notice 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, the owner/agent shall immediately post warning signs in the vicinity of the spill area.

d. Reporting. The owner/agent of a wastewater system shall report 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.

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 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 soon 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. Fecal coliform; and

b. Clostridium perfringens.

For spills entering marine waters, the bacterial monitoring shall consist of sampling for the following indicator organisms:

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 protocol requirements such as sampling or sign posting may be waived.

The director shall 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.

9. Reporting

a. When required above, the owner/agent shall submit a written report of the details of the spill within five (5) calendar 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 report 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 the

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.

Situation

Immediate

Notification to

Press Release1 *

**

Disinfect

Warning

*

Signs

Clean up2

*

Monitor

Follow Up

Written Report to

Into State Waters - All Wastewater Systems (Section 2) CWB or EHP (SOSC/SHO) yes yes yes no yes CWB

Not Into State Waters w/Public Access - Public Wastewater Systems (Section 3)*

WWB or EHP

(SOSC/SHO)*

yes yes yes yes no

WWB*

Not Into State Waters w/Public Access - Private Wastewater Systems (Section 4)*

WWB or EHP (SOSC/SHO)*

yes yes yes yes no

WWB*

Not Into State Waters w/o Public Access - All Wastewater Systems (Section 5)*

WWB* no yes yes yes no WWB*

* Except for proven R-1 water and BMP Compliance

** Except for proven R-2 water and BMP Compliance

1 If spill greater than or equal to 1,000 gallons or spill may threaten public health

2 Or barricade if clean up not possible

FALLING HEAD TEST PROCEDURE
April 15, 1997

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)

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 F)

F. Use final drop interval to calculate percolation rate and record on site evaluation form:

Time Interval/Water Level Drop= Perc rate

Appendix E

Island of Kauai

Critical Wastewater Disposal Areas

Created March 16, 1990 Revised April 15,1997

Island of Maui

Critical Wastewater Disposal Areas

Created March 16, 1990 Revised April 15, 1997

Island of Molokai

Critical Wastewater Disposal Areas

Created March 16, 1990 Revised April 15, 1997

Island of Lanal

Critical Wastewater Disposal Areas

Created March 16,1990 Revised April 15,1997

Island of Oahu

Critical Wastewater Disposal Areas

Created March 16, 1990 Revised April 15, 1997

TABLE 1 April 15, 1997

Type of Establishment Airports (per passenger) Camps:

Gallons Per Person Per Day (Unless Otherwise Noted) 5

Campground with central comfort stations 32
With flush toilets, no showers 25
Construction camps (semi-permanent) 50

Day camps (no meals served)

Resort camps (night and day) with limited plumbing

15

50

Luxury camps 100

Church

With kitchen

10
Without kitchen 5
Cottages and small dwellings with seasonal occupancy (2 persons per bedroom minimum) 100
Country clubs (per resident member) 100
Country clubs (per non-resident member present) 25
Dentist per chair 200
Doctor per patient 5
Dwelling (2 persons per bedroom minimum) 100
Factories (gallons per person, per shift, exclusive of 35
industrial waste)
Hair salon, including barber shops and beauty salons 150
Hospitals (per bed space) 250+
Hotels with private baths (2 person per bedroom minimum) 100
Hotels without private baths 50
Institutions other than hospitals (per bed space) 125
Laundries, self-service (per machine) 300
Mobile home parks (per space) 250
Motels with bath, toilet, and kitchen waste (per bed space) 50
Motels (bed space) 60
Picnic parks (toilets wastes only) (per picnicker) 5
Picnic parks with bathhouses, showers, and flush toilets 10

Restaurants

Average, per seat

80
Fast food, per seat 100
Additional kitchen wastes per take out meals 3
Additional for bars and cocktail lounges, per seat Schools: 15
Boarding 100
Day, without gyms, cafeteria, or showers 15
Day, with gyms, cafeteria, and showers 25
Day, with cafeteria, but without gyms or showers 20
Service station (per vehicle served) 10
Swimming pools and bathhouses Theaters: 10
Movie (per auditorium seat) 5
Drive-in (per car space) 5

Workers (in addition to above):

Construction (at semi-permanent camps)

50
Day, at schools and offices (per shift) 20
Employee (per shift) 20

Minimum Horizontal Distance From

Cesspool (ft)

Treatment

Unit

(ft)

Seepage Pit (ft)

Soil

Absorption System (ft)

Wall line of any structure or building 5 5 5 5
Property line 9 5 9 5
Stream, the ocean at the vegetation line, pond, lake, or other surface water body 50 50 50 50
Large trees 10 5 10 10
Treatment unit 5 5 5 5
Seepage pit 18 5 12 5
Cesspool 18 5 18 5
Soil absorption system 5 5 5 5
Potable water sources serving public water systems 1000 500 1000 1000
TABLE III April 15, 1997
Percolation Rate (min/inch) Less than or equal to

Required Absorption Area

(ft2/bedroom or 200 gallons)

Percolation Rate (min/inch) Less than or equal to Required Absorption Area (ft2/bedroom or 200 gallons)
1 70 31 253
2 85 32 257
3 100 33 260
4 115 34 263
5 125 35 267
6 133 36 270
7 141 37 273
8 149 38 277
9 157 39 280
10 165 40 283
11 170 41 287
12 175 42 290
13 180 43 293
14 185 44 297
15 190 45 300
16 194 46 302
17 198 47 304
18 202 48 306
19 206 49 308
20 210 50 310
21 214 51 312
22 218 52 314
23 222 53 316
24 226 54 318
25 230 55 320
26 234 56 322
27 238 57 324
28 242 58 326
29 246 59 328
30 250 60 330
TABLE IV April 15, 1997
Pollutant

Pollutant Ceiling

Concentration Limit (dry weight basis, mg/kg)

Arsenic 20
Cadmium 15
Chromium 200
Copper 1500
Lead 300
Mercury 10
Molybdenum 15
Nickel 100
Selenium 25
Zinc 2000
TABLE V April 15, 1997
Amount of Wastewater Sludge (Metric Ton per 365 day period, dry weight basis) Frequency
Greater than zero but less than 290 Once per year
Equal to or greater than 290 but less than 1500 Once per quarter
Equal to or greater than 1500 but less than 15,000 Once per 60 days
Equal to or greater than 15,000 Once per month
Amount of Wastewater Sludge (English Ton per 365 day period, dry weight basis) Frequency
Greater than zero but less than 320 Once per year
Equal to or greater than 320 but less than 1650 Once per quarter
Equal to or greater than 1650 but less than 16,500 Once per 60 days
Equal to or greater than 16,500 Once per month
TABLE VI April 15, 1997
Horizontal Distance From Feet
Waters of the United States, state waters, the ocean at the vegetation line, or any other surface water body 50
Property line 50
Occupied building or dwelling 500
Potable water source serving public water systems 1000
TABLE VII
April 15, 1997
Pollutant Ceiling
Pollutant Concentration Limit (dry
weight basis, mg/kg)
Arsenic 20
Chromium 200
Nickel 100
CHAPTER 11-62 FORM A CERTIFICATION FORM - LAND APPLICATION April 15, 1997

Instructions:

1. Each form must be signed and dated to be valid.

2. The certifier shall print or 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 form which delete the boxes and lines which must be initialed.

For preparers only, I certify, under penalty of law, that:

1. The pollutant concentration ceiling limits in Table IV of chapter 11-62, HAR have been met.

2. The following pathogen requirements have been met:

a. The Class A pathogen requirements of §11-62-46(a), HAR, specifically §11-62-46(a)(______); or

b. The Class B pathogen requirements of 40 CFR §503.32(b), specifically §503.32(b)(______) and

notification 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

management requirements in §11-62-43(h), HAR.

3. 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. One of the vector attraction reduction requirements in 40 CFR §503.33(b)(9) or (b)(10) has been met, specifically §503.33(b)(______);

5. The spacing and site restrictions in §11-62-43(g) have been met; and

6. 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)(______);

8. 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)(______);

9. The spacing and site restrictions in §11-62-44(g), HAR have been met; and

10. The management requirements in §11-62-44(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 certification including the possibility of fine and imprisonment.

______________

Date

______________

Name:

Title:

The following state regulations pages link to this page.