Chapter 11-62, Hawaii Administrative Rules (Unofficial)
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This is an UNOFFICIAL copy of the Chapter 11-62, Hawaii Administrative Rules. This is provided by the wastewater branch to improve readability and provide ease of access to the Chapter 11-62, Hawaii Administrative Rules. This text is not a substitute for the official signed and stamped copy, which can be found on our home page in pdf format, and is provided solely for convenience. It is recommended that when you use this unofficial copy to search for the rules text, you then verify it against the official signed and stamped copy.
DEPARTMENT OF HEALTH
Amendment and Compilation of Chapter 11-62
Hawaii Administrative Rules
Hawaii Administrative Rules
(Mar 21 2016)
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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 water and wastewater sludge are valuable resources with environmental and economic benefits and can be used to conserve the State’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; comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§321-11, 322-8(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)
(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 water 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’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, 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; comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§321-11, 322-8(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)
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 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.
“BOD5” 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.
“Building” means a structure, permanent or temporary, built, erected, and framed of component structural parts used or designed for the housing, shelter, 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 consisting 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 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)” 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.
“Department” means the department of health.
“Director” means the director of health or 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 transmission lines, pumps, power, or other equipment associated with the ultimate disposal of wastewater or wastewater sludge.
“Distribution box” means a watertight chamber from which effluent from a treatment unit is distributed evenly to various portions of a disposal system.
“Drip irrigation” 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.
“Domestic sewage” 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” 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” means the United States Environmental Protection Agency.
“EPA’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.
“Evapotranspiration system” means a subsurface disposal system which relies on soil capillarity and 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” means constructed under a valid county permit or with written approval from the director before the effective date of this rule.
“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:
(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 spreading 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 cesspool” 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” 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 system” means a soil absorption system which is installed in or below an artificially created mound or earth.
“MPN” means most probable number.
“New” means constructed on or after the effective date of this chapter.
“Non-domestic wastewater” means all wastewater 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-1, 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 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-1.
“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 Federal Regulations Part 159), and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge.
“Sewer” 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.
“SS” means suspended solids and indicates the characteristic state of solids in wastewater.
“Standard methods” means the 22nd 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-1, 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 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 permeable 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 individual wastewater systems.
“Theoretical detention time” means the value obtained by dividing the volume 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” 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 sludge” has the same meaning as “sewage sludge”.
“Wastewater sludge facility” means a facility which collects, handles, stores, treats, or disposes 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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§321-11, 328(a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-1, 342D-2, 342D-4, 342D-5, 342D-50, 342E-3; 40 CFR Parts 501, 503, 40 CFR § 501.2)
(a) The mayor of each county may request that the director form a county wastewater advisory committee (“committee”), 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’s recommendations shall seek to advance the purposes of this chapter. [Eff 12/10/88; am and comp 8/30/91; am and comp 12/09/2004; am and comp 3/21/16] (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)
(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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
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.
(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;
(7) Harborage of vectors, including insects and rodents;
(8) Foul or noxious odors;
(9) Public safety hazard; or
(10) 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)(5) 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 likelihood 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 disposal of wastewater shall be in compliance with chapter 11-23.
(l) 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 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’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.
(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, consequential or direct, that are or may be caused by a malfunction of the wastewater systems.
(p) Duty to comply. The owners of any wastewater system shall comply with all applicable provisions of this chapter. In 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; department 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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342D-4, 342D-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, 123, 40 CFR § 501.15(b)(6))
~~~[R 8/30/91]
(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;
(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 of performance of the wastewater system in meeting 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 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342E-3) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342E-3)
(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, 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).
(d) Measures to control public accessibility to all treatment units shall 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 11-62-23.1(e) and 11-62-31.1(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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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 3/21/16] (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)
(a) The director may hold a public hearing in the director’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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-57; 40 CFR Part 501, § 501.15(d)(7))
Appendices A through E, dated July 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 3/21/16] (Auth: 342D-4, 342D-5) (Imp:342D-4, 342D-5, 342D-6)
(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 with 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 receipt 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 calendar days, but if the period ends on a Saturday, Sunday, or state holiday, the period extends to the next working day.
(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 request 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 director’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 requirements of this chapter, and the automatic approval is effective for a period of one year.[Eff and comp 12/09/04; am and com 3/21/16](Auth: HRS §§91-13.5, 322-11, 322-8(a), 342D-4, 342D-5) (Imp: HRS § 91-13.5)
~~~[R 8/30/91]
~~~[R 8/30/91]
~~~[R 8/30/91]
(a) In addition to the requirements of section 11-62-08(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 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 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) “As-built” drawings of the treatment works;
(K) List of required daily activities, checks, and observations;
(L) Logs or report forms for all 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;
(O) 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 operating instructions.
(e) No person shall operate a treatment works until it has been inspected to the director’s satisfaction and the director has authorized in writing the use of the treatment works.
(1) The owner’s engineer shall inspect the treatment works and submit to the director a final inspection report stating whether the wastewater treatment works has been constructed according to the submitted plans approved by the director and identifying 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 approval 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 to the director a written statement based on results of actual sampling and professional judgment of whether or not the 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’s engineer shall submit to the director a corrective action report containing:
(1) An analysis of the cause of the treatment works’ 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 permanently 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.
(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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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 BOD5 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 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 12/10/88, am and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(a) New and proposed effluent disposal 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 their respective county. If a county does not have design standards, the design standards of the City and County of Honolulu shall be used. Other means of determining the peak flow, as recommended by the design engineer, 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 treatment works utilizing subsurface disposal systems, design data and other pertinent data shall be submitted 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 provisions 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, am and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(a) All treatment works shall meet the applicable requirements of this section. 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 (BOD5).
(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 BOD5 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 BOD5 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.
(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 BOD5 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 volume of wastewater sludge wasted, the solids concentration of wastewater sludge wasted, the name of the wastewater sludge pumping and hauling 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 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 times with a modal contact time of at least ninety minutes based on peak dry weather design flow; or
(B) 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 plaque forming units of F-specific bacteriophage MS2 or polio virus in the wastewater.
(2) R-2 water disinfection requirements.
(A) 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 continuous measuring and recording of chlorine residual shall be provided. The chlorine facilities shall have adequate capacity to maintain a residual of 2 milligrams per liter.
(B) For non-chlorine disinfection processes.
(i) The disinfection process shall demonstrate to the director’s satisfaction the ability to meet the requirements of subsection (d)(2); and
(ii) Automatic controls shall be provided to continuously measure and record disinfection dosage and residuals, if any.
(3) Monitoring shall be by grab samples that shall be taken at a point following 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 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) 5 NTU more than five percent of the time within a twenty-four hour period; and
(C) 10 NTU at any time.
(2) For filtration systems utilizing membrane filtration, the turbidity 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) 0.5 NTU at any time.
(f) When using media filtration for existing R-1 facilities the following performance criteria shall apply:
(1) The design UV dose shall be at least 100 mJ/cm\textsuperscript{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 performance criteria shall apply:
(1) The design UV dose shall be at least 80 mJ/cm\textsuperscript{2
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 samples, 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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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 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 (if applicable) 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 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 the distribution system layout. The maps shall also include the location of all water and sewer lines;
(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 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 to prevent any overflows or discharges from the system when the irrigation system is not in operation or when recycled water quantities exceed the irrigation requirements.
(k) Spills, overflows, and discharges (“spills”) of recycled water shall be responded to as required by section 11-62-06(f) and (g) and Appendix B, entitled Responses for Wastewater Spills, Overflows, and Discharges (“Spills”), dated July 1, 2014.
(l) 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 3/21/16] (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]
(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 (“Spills”), 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 upon the director’s request. [Eff and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-6, 342D-50)
§11-62-29 (Reserved)
§11-62-31 REPEALED
~~~[R 8/30/91]
(a) Individual wastewater systems may be used as a temporary on-site means of wastewater disposal in lieu of wastewater treatment works under the following conditions:
(1) Developments involving dwellings.
(A) There shall be 10,000 square feet of land area for each individual wastewater system;
(B) Total development of an area shall not exceed fifty single family residential lots or exceed fifty dwelling units except for developments consisting of one dwelling unit per acre or greater;
(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.
(D) The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one 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
(D) 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) 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.
(2) A building may use more than one individual wastewater system where each individual wastewater system shall connect to a single dwelling unit.
(3) For buildings without any dwelling units:
(A) More than one individual 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 used 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 construction before the effective date of this rule.
(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 11-62-23.1(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 “as-built” plan of the individual wastewater system; and
(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 the cesspool location 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 amount the taxpayer paid for the cesspool upgrade. The director may issue such certification only where the director has received:
(1) A certification from a licensed contractor or licensed engineer that the cesspool is located within 200 feet of a shoreline, perennial stream, or wetland. Certifications are not required for properties that are located in their entirety 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 licensed contractor of closure and filling of the cesspool and completion of 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.
(l) 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 taxable 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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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, 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;
(5) 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) The following factors shall be evaluated and reported for a depth of at least three feet below the proposed absorption system:
(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.
(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 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 and comp 8/30/91, am and comp 12/09/04; am and comp 3/21/16] (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)
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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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 11-62-31.1(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 Z1000-2013. 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 and shall meet the IAPMO design specifications.
(4) The following schedule shall apply to septic tank sizing:
No. of BedroomsMinimum Capacity
(Gallons)
4 or less1000
51250
(5) For wastewater flows greater than 1,000 gallons per day or five bedrooms, the formula: Minimum capacity gallons = 1,000 + (Q-800)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 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 to 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:
(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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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.
(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 distribution line shall connect individually 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 junction. 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 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) Materials.
(A) The engineer shall be responsible for the choice of materials used in the soil absorption system.
(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.
(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;
(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.
(1) 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 result 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.
(H) The bottom of absorption beds shall be at least eighteen inches below the finished grade.
(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 installed 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 distribution lines on each side of the influent junction. An inspection port shall be provided on the 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 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 shall be responsible for the choice of materials used in the soil absorption system.
(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) The floor of the absorption bed shall be level.
(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 result in contamination 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 11-62-33.1(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 of 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 install absorption trenches or beds.
(B) The minimum area in any seepage pit 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.
(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 effective depth of the seepage pit shall be measured from the bottom of 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 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 emptying 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 minimum 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 watertight construction at least six inches in diameter, and sloped at least one-eighth inch per foot.
(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), 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 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), 11-62-34(a)(3)(D), 11-62-34(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), 11-62-34(c)(3)(D), and 11-62-34(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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16(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)
(a) The specific design requirements for composting toilets, incinerator toilets, natural systems, and 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 and comp 8/30/91; am and comp 12/09/04; am and comp 3/21/16] (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)
(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.
(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 3/21/16] (Auth: HRS §§321-11, 342D-4, 342D-5, 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)
(a) The director shall review all individual wastewater systems before the director signs any related county building permit application.
(b) The application 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 11-62-31.1(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 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 3/21/16] (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)
(a) No person shall generate, treat, prepare, store, haul, apply, place, use, or dispose of wastewater sludge except:
(1) 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
(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 11-62-50(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, general permit coverage has been obtained, 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 wastewater combined with domestic wastewater;
(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 3/21/16] (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, 503.1(b), 503.3, 503.4, 503.6, 503.7, 503.8, 503.9)
(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.
“Permitting authority” means the director.
“Sewage” 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 3/21/16] (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, 503.1(b), 503.5, 503.21, 503.32)
(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 reduction requirements in 40 CFR § 503.33(b)(1) 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 federal 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 application or being bagged for distribution unless otherwise specified by the director. The director may also specify more monitoring, to better protect human health or the environment.
(c) Recordkeeping.
(1) The preparer of exceptional quality wastewater sludge that is applied to the land shall meet the requirements of 40 CFR § 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 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR §§503.1, 503.5, 503.10, 503.13, 503.15(a), 503.16(a), 503.17(a), 503.18, 503.32, 503.33(b))
(a) No person shall apply non-exceptional quality wastewater sludge to land unless the land is 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 11-62-46(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)(1) through (10) shall be met for non-exceptional quality wastewater sludge. 11-62-47(b) shall be met.
(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 N on 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, and located at the end of this chapter. To determine compliance with section 11-62-43(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), (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:
(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)(1) 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 § 503.17(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, dated 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;
(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 3/21/16] (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, 503.32, 503.33(b))
(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.
(b) Pathogens. The pathogen requirements of
(1) 40 CFR § 503.32(c)(1); or
(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 Appendix 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 shall be at least five feet above the seasonal high groundwater table.
(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 comp 12/09/04; am and comp 3/21/16] (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)
~~~[3/21/16]
(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 (8) 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 (8).
(4) Class A – alternative 2. The requirements 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).
(5) Class A – alternative 3. The requirements of 40 CFR § 503.32(a)(6) apply, except that the requirements of {40 C.F.R.
§ 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 § 503.32(b) shall be 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 pathogens (PFRP). The requirements of 40 CFR Part 503, appendix B, Pathogen Treatment Processes, section B, Processes to Further Reduce Pathogens, apply, except for section B.1 which is replaced by paragraph (1).
(1) Composting.
(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.1.
(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 B, section A.5. [Eff and comp 12/09/04; comp 3/21/16] (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)
(a) Requirements for land application.
(1) One of the vector attraction reduction requirements in 40 CFR § 503.33(b)(l) 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 (5) apply.
(b) Vector attraction reduction requirements. The requirements of 40 CFR § 503.33(b) apply. [Eff and comp 12/09/04; comp 3/21/16] (Auth: HRS § 342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5,342D-6, 342D-50; 40 CFR Part 503, Subpart D, 40 CFR § 503.33)
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 3/21/16] (Auth: HRS § 342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR § 503.8)
(a) Owners and operators are not required under this subchapter to register or obtain any permit coverage for their:
(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 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 “authorizations”), and for the consolidated authorizations the department may charge the fee for only the most expensive authorization. The department may also charge the fees for all or some of the authorizations. [Eff and comp 12/09/04; am and comp 3/21/16] (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))
(a) Registration. Every registrant shall pay a filing 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 registration, the fee is $10;
(b) Individual permits. Every person applying for an individual permit, its modification, or renewal shall 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 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 11-62-50(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 12/09/04; am and comp 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-13, 342D-50)
(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 application, 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 section 11-62-72. [Eff and comp 12/09/04; comp 3/21/16] (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))
(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 number, ownership status, and status as federal, state, private, public, or other entity; and
(4) Operator’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 11-62-50(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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-6, 342D-13)
(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 form(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 remove{operator’s
name, address, telephone number, ownership status, status as federal, state, private, public or other entity, and remove{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 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’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 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 facility, operation, or land to be permitted, except as the director may provide under section 11-62-50(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 3/21/16] (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))
After an application for a new, modified, or renewed permit is complete, the director shall tentatively decide to prepare a draft individual permit or deny the application. If the director tentatively proposes to revoke and reissue a permit, the director shall prepare a draft individual permit. A draft permit shall contain the necessary conditions to implement the requirements of this chapter, 33 U.S.C. § 1345, and the incorporated sections of 40 CFR Parts 501 and 503. [Eff and comp 12/09/04; comp 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR § 501.15(d)(3))
(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 § 501.15(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 § 501.15(d)(4)(i). [Eff and comp 12/09/04; comp 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR § 501.15(d)(4))
(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 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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6, 342D-13) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR § 501.15(d)(5),(6))
(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 3/21/16] (Auth: §§342D-4, 342D-5, 342D-6) (Imp: §§342D-2, 342D-4, 342D-5, 342D-6, 342D-57; 40 CFR Part 501, 40 CFR § 501.15(d)(7))
(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 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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6, 342D-13) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR § 501.15(d)(5))
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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR § 501.15(d)(8))
(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 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Parts 501, 503, 40 CFR §§501.15(a)(5),(b), 503.3(a), 503.10(b),(c), 503.13, 503.32, 503.33)
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 3/21/16] (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(a)(6))
~~~[R 3/21/06]
~~~[R 3/21/06]
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 3/21/06] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Part 122, 40 CFR § 122.28(b)(3)(i))
~~~[R 3/21/06]
~~~[R 3/21/06]
~~~[R 3/21/06]
~~~[R 3/21/06]
~~~[R 3/21/06]
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 3/21/16] (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))
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 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, § 501.15(c)(1))
(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 § 501.15(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 and comp 3/21/16] (Auth: HRS §§342D-4, 342D-5, 342D-6, 342D-7) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-7, 342D-50; 40 CFR Part 501, § 501.15(c)(2),(d)(2))
(a) On the expiration date specified in the 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 comp 3/21/16] (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 §§501.15(c)(3), (d)(2))
(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 section 342D-6(c), HRS, and renewal may be denied for noncompliance with the permit. [Eff and comp 12/09/04; am and comp 3/21/16] (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 § 501.15(b)(14))
(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(f)(1) shall apply. [Eff and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§342D-3, 342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-3, 342D-4, 342D-5; 40 CFR Part 501, 40 CFR § 501.15(f))
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 “pumpers”). [Eff and comp 12/09/04; comp 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50)
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 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 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50)
In addition to meeting the requirements of section 11-62-53(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;
(4) Date of pumping;
(5) Type of wastewater or wastewater sludge pumped;
(6) Volume of wastewater or wastewater sludge pumped;
(7) Results of any test analyses performed on the wastewater or wastewater sludge;
(8) Disposal site of the pumped wastewater or wastewater sludge; and
(9) Date of such disposal. [Eff and comp 12/09/04; am and comp 3/21/16] (Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50, 342D-55)
(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 require the applicant to apply for a new variance. [Eff 12/10/88, am and comp 8/30/91; § 11-62-41; am, ren, and comp § 11-62-71 12/09/04; comp 3/21/16] (Auth: HRS §§321-11, 342D-4, 342D-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)
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, 342D, and 342H, HRS. [Eff 12/10/88; § 11-62-42; am, ren, and comp § 11-62-72 12/09/04; comp 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342D-1, 342D-4, 342D-5, 342D-9, 342D-11, 342D-30, 342D-31, 342D-50) (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)
If any provision 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 § 11-62-73 12/09/04; comp 3/21/16] (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)
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 3/21/16] (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))
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 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342D-1, 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)
(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’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(f)(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 11-62-08(b) or 11-62-31.1(f); or
(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),(f)(1)-(4) and (f)(6)-(9), 11-62-08(b) or 11-62-31.1(f);
(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(f)(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 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342D-1, 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-50)
(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” 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 3/21/16] (Auth: HRS §§321-11, 322-8(a), 342D-1, 342D-4, 342D-5, 342D-9, 342D-11, 342D-30, 342D-31, 342D-50) (Imp: HRS §§321-11, 322-1 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)
The department shall prescribe a field citation form. [Eff and comp 12/09/04; am and comp 3/21/16] (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, 342D-5, 342D-9, 342D-18, 342D-31, 342D-50)