chapter 62 of title 11, hawaii administrative rules
TRANSCRIPT
Rules Amending Title 11Hawaii Administrative Rules
( )
1. Chapter 62 of Title 11, HawaiiAdministrative Rules, entitled "Wastewater Systems" isamended and compiled to read as follows:
"HAWAII ADMINISTRATIVE RULES
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 62
WASTEWATER SYSTEMS
Subchapter 1 Prohibitions and GeneralRequirements
§11-62-01 Preamble§11-62-02 Purpose and applicability§11-62-03 Definitions§11-62-04 County wastewater advisory committee§11-62-05 Critical wastewater disposal areas
(CWDA)§11-62-06 General requirements§11-62-07 Repealed§11-62-07.1 Requirements for non-domestic
wastewater§11-62-08 Other requirements for wastewater
systems§11-62-09 Public access to information§11-62-10 Public hearings and informational
meetings§11-62-11 Incorporation by reference§11-62-12 Timely processing
Subchapter 2 Wastewater Treatment Works
§11-62-21 Repealed§11-62-22 Repealed§11-62-23 Repealed§11-62-23.1 Specific requirements for wastewater
treatment works§11-62-24 Treatment unit requirements§11-62-25 Wastewater effluent disposal systems§11-62-26 Wastewater effluent requirements,
recycled water quality and monitoringrequirements applicable to treatmentworks treating wastewater
§11-62-27 Recycled water systems§11-62-28 Additional monitoring, recordkeeping,
and reporting§11-62-29 (Reserved)
Subchapter 3 Individual Wastewater Systems
§11-62-31 Repealed§11-62-31.1 General requirements for individual
wastewater systems§11-62-31.2 Site evaluation§11-62-32 Spacing of individual wastewater
systems§11-62-33 Repealed§11-62-33.1 Specific requirements for new and
proposed treatment units§11-62-34 Specific requirements for new and
proposed disposal systems§11-62-35 Other individual wastewater systems§11-62-36 Cesspools§11-62-37 Application for and review of building
permits and individual wastewatersystems
§§11-62-38 to 11-62-39 (Reserved)
Subchapter 4 Wastewater Sludge Use and Disposal
§11-62-41 General requirements and prohibition
§11-62-41.1 Relation to federal law§11-62-42 Land application of exceptional quality
wastewater sludge§11-62-43 Land application of other than
exceptional quality wastewatersludge, to agricultural land, forest,public contact site, or reclamationsite
§11-62-44 Land application of domestic septage toagricultural land, forest, orreclamation site
§11-62-45 Surface disposal§11-62-46 Pathogens§11-62-47 Vector attraction reduction§11-62-48 Sampling method
Subchapter 5 Wastewater Management Permits andRegistration
§11-62-50 Registration and permits§11-62-51 Fees§11-62-52 Signatories and certification
requirements§11-62-53 Wastewater management registration§11-62-54.01 Wastewater management individual
permits§11-62-54.02 Draft individual permits§11-62-54.03 Fact sheets§11-62-54.04 Public notices of draft individual
permits; public comments and hearingrequests
§11-62-54.05 Public meetings or hearings onindividual permits
§11-62-54.06 Public notice of public meetings orhearings on individual permits
§11-62-54.07 Response to comments§11-62-54.08 Issuance of individual permits;
duration, conditions§11-62-54.09 Schedules of compliance§11-62-55.01 Repealed§11-62-55.02 Repealed§11-62-55.03 Requiring an individual permit§11-62-55.04 Repealed
§11-62-55.05 Repealed§11-62-55.06 Repealed§11-62-55.07 Repealed§11-62-55.08 Repealed§11-62-56 Standard permit conditions§11-62-57.01 Transfer of permits§11-62-57.02 Modification or revocation and
reissuance of permits§11-62-57.03 Termination of permits§11-62-57.04 Renewal of permits§11-62-58 Conflict of interest
Subchapter 6 Wastewater and Wastewater SludgePumpers and Haulers
§11-62-60 Applicability§11-62-61 Registration requirements§11-62-62 Recordkeeping and reporting
Subchapter 7 Variances, Penalties andSeverability
§11-62-71 Variances§11-62-72 Penalties and remedies§11-62-73 Severability§11-62-74 Public participation in enforcement
Subchapter 8 Field Citations
§11-62-81 Purpose§11-62-82 Offer to settle; settlement amounts§11-62-83 Resolution of field citation§11-62-84 Form of citation
§11-62-01
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SUBCHAPTER 1
PROHIBITIONS AND GENERAL REQUIREMENTS
§11-62-01 Preamble. The department of healthseeks to ensure that the use and disposal ofwastewater and wastewater sludge does not contaminateor pollute any valuable water resource, does not giverise to public nuisance, and does not become a hazardor potential hazard to the public health, safety, andwelfare.
The department of health seeks to migrate towardsan ultimate goal of regional sewage collection,treatment and disposal systems [which] that areconsistent with state and county wastewater planningpolicies. Off-site treatment and disposal systems,followed in priority by on-site systems, meetinghealth and environmental standards will be allowedwhenever they are consistent with state and countywastewater planning policies and on the premise thatthese systems will eventually connect to regionalsewage systems. Individual wastewater systems may beutilized in remote areas and in areas of lowpopulation density. [A goal has been established suchthat the] Hawai`i is long overdue in eliminatingconstruction of wastewater disposal systems depositinguntreated sewage into the environment [will not beallowed], such as cesspools. Indeed, the departmentstated in its prior rules back in the 1990's, with theagreement of all counties' wastewater advisorycommittees, that installation of new cesspools shouldend after the year 2000. [As a means to this end,upon] Upon the adoption of these rules, new buildingsshall utilize a method of sewage disposal other thancesspools approved by the department.
The department of health seeks to work in closepartnership with the counties [on] to managewastewater [management matters, seeks to allow eachcounty to participate in the implementation of theserules through the recommendations of a countywastewater advisory committee to the director, andseeks to encourage each county to assume completeadministration of the wastewater treatment systemprogram within their county] to prevent pollution and
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harm to public health, safety and welfare. Eachcounty may participate in the implementation of theserules through the recommendations of a countywastewater advisory committee to the director.
The department of health seeks to advance the useof recycled water and wastewater sludge consistentwith public health and safety and environmentalquality. The state department of health acknowledgesthat when properly treated and used, all recycledwater and wastewater sludge are valuable resourceswith environmental and economic benefits and can beused to conserve the State's precious resources. Thedirector acknowledges that the most highly treatedrecycled water and exceptional quality wastewatersludge can be used for a wide variety of applicationswith the appropriate restrictions and when bestmanagement practices and other requirements of thischapter are met. [Eff 12/10/88; am and comp12/09/2004; am and comp ] (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)
§11-62-02 Purpose and applicability. (a) [Theserules seek] This chapter seeks to ensure that the useand disposal of wastewater and wastewater sludge fromwastewater systems:
(1) Do not contaminate or pollute any drinkingwater or potential drinking water supply, orthe waters of any beaches, shores, ponds,lakes, streams, groundwater, or shellfishgrowing 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 approvedcounty water quality management plans;
(6) Reinforce state and county planningpolicies; and
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(7) Are consistent with the State'sadministration of the National PollutantDischarge Elimination System.
(b) [These rules] This chapter seeks to advancethe appropriate uses of recycled water and wastewatersludge.
(c) This chapter allows and does not preempt[:]provisions in county codes, rules or ordinances thatare not inconsistent with these rules, including,without limitation:
(1) Plumbing requirements in county plumbingcodes or rules, including county adoptionsof all or parts of the Uniform PlumbingCode;
(2) Sanitary sewer system and wastewatertreatment works use permission andpretreatment requirements in countyordinances or rules regarding theintroduction of fats, oils, grease, septage,sludge, or wastewater into sanitary sewersor wastewater treatment works, requirementson the use of grease traps, and requirementson wastewater and wastewater sludge pumpingand hauling;
(3) Storm sewer system use permissionrequirements in county ordinances or rules;or
(4) Water recycling requirements in countyordinances or rules, including requirementsfor connection to or use of availablerecycled water. [Eff 12/10/88; am and comp12/09/2004; am and comp ](Auth: HRS §§321-11, 322-8(a), 342D-4,342D-5, 342E-3) (Imp: HRS §§321-11, 322-1to 322-4, 322-8, 342D-2, 342D-4, 342D-5,342D-50, 342E-3; HRS ch. 340E; 33 U.S.C.§§1311, 1342, 1345; 40 CFR Parts 122, 123,501, 503)
§11-62-03 Definitions. As used in this chapter:"Activated sludge process" means a biological
wastewater treatment process in which a mixture ofwastewater and microorganisms is agitated with induced
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aeration. Aeration supplies dissolved oxygen andwastewater supplies the organic substrate necessaryfor microorganism growth. This process includessedimentation units which follow the aeration andwhere settled solids are withdrawn for disposal orreturned to the aeration unit.
"Aerosol" means a solid suspended in air with orwithout preceding evaporation.
"Bedrock" means a continuous horizontal layer ofhardened mineral deposits that does not support thegrowth of common plant life.
"Bedroom" means any room within a dwelling thatis or might reasonably be used as a sleeping room. Aroom is presumed to be a bedroom if it has asuperficial floor area not less than seventy squarefeet and is provided with windows or skylights with anarea of not less than one-tenth of the floor area orten square feet, whichever is greater [and having atleast one-half of the window or skylight area beingoperable to provide natural ventilation].
"Best management practices" or "BMPs" means themost effective, practical schedules of activities,prohibitions of conduct, maintenance procedures, andother specifications of conduct to prevent or reducethe pollution. BMPs also include treatmentrequirements, operating procedures, and practices tosite runoff, spillage or leaks, sludge or wastedisposal, and drainage from raw material storage.
"BOD5" means five days biochemical oxygen demandas measured by a standard test indicating the quantityof oxygen utilized by wastewater under controlledconditions of temperature and time.
"Building" means a structure, permanent ortemporary, built, erected, and framed of componentstructural 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 anexisting building's configuration that may result inthe increase in wastewater flows or change in thewastewater characteristics.
"Cesspool" means an individual wastewater systemconsisting of an excavation in the ground whose depthis greater than its widest surface dimension, which
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receives untreated wastewater, and retains or isdesigned to retain the organic matter and solidsdischarging therein, but permits the liquid to seepthrough its bottom or sides to gain access to theunderground formation.
"Collection system" means the conveyance system,which includes the building and street sewer laterals,interceptor sewer, sewage pump station, and forcemain, used to transport the sewage to the treatmentunit.
"Composite sample" means sample(s) collected onregular intervals in proportion to the existing flowor volume and then combined to form a sample thatrepresents the flow or volume over a period of time orspace.
"Compost toilet" means a non-flush, waterlesstoilet that employs an aerobic composting process totreat toilet wastes.
"Confined work areas" means any area having alimited means of egress, which is subject to theaccumulation of toxic or flammable contaminants or hasan oxygen deficient atmosphere. Confined work areasinclude, 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 indepth such as pits, tubs, vaults and vessels.
"Construction" in the context of a wastewatersystem means the building of the system in the ground;construction is not completed until the system hasbeen fully installed so that it is ready for hookup.
"Contractor" means the installer of a wastewatersystem 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 maycause adverse effects on human health or theenvironment due to existing hydrogeologicalconditions.
["CWDA maps" means the maps attached at the endof this chapter as appendix E, pages E-1 through E–6,indicating the boundaries of the critical wastewaterdisposal areas established pursuant to section 11-62-
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05(a) and dated March 16, 1990 and amended April 15,1997.]
"Department" means the department of health."Director" means the director of health or the
director's duly authorized agent, including acontractor of the director.
"Disinfection" means a process to destroy,neutralize, or inhibit the growth of pathogenicmicrobes.
"Disposal system" means any sewer, sewer outfall,sewer lateral, seepage pit, cesspool, injection well,soil absorption system, disposal trench, or otherfacility used in the disposal of wastewater orwastewater sludge, including any wastewatertransmission lines, pumps, power, or other equipmentassociated with the ultimate disposal of wastewater orwastewater sludge.
"Distribution box" means a watertight chamberfrom which effluent from a treatment unit isdistributed evenly to various portions of a disposalsystem.
"Drip irrigation" means application of water andwastewater, including recycled water, from emitters,either on the surface or subsurface, that are part ofa piping system alongside the plants being irrigatedand that discharges at a rate not to exceed twogallons per hour per emitter.
"Domestic sewage" is waste and wastewater fromhumans or household operations that[:] is:
(1) [Is discharged] Discharged to or otherwiseenters a treatment works; or
(2) [Is of] Of a type that is usually dischargedto or otherwise enters a treatment works oran individual wastewater system.
"Domestic wastewater" has the same meaning as"domestic sewage".
"Dwelling" means any building which is wholly orpartly used or intended to be used for living orsleeping by human occupants and includes, but is notlimited to, apartment houses, single family houses,duplex houses, cluster houses, townhouses, and planneddevelopments, but excludes hotels and lodging houses.
"Dwelling unit" means any habitable room or groupof habitable rooms located within a dwelling and
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forming a single habitable unit with facilities whichare used or intended to be used for living, sleeping,cooking, and eating.
"Engineer" means a professional engineerregistered in the State of Hawaii.
"EPA" means the [U.S.] United StatesEnvironmental Protection Agency.
"EPA's methods for chemical analysis of water andwastes" means the 1979 edition of "Methods forChemical Analysis of Water and Wastes" as published bythe EPA.
"Evapotranspiration system" means a subsurfacedisposal system which relies on soil capillarity andplant uptake to dispose of treated effluent throughsurface evaporation and plant transpiration.
"Exceptional quality sludge" means wastewatersludge that has been treated to a level specified in[these rules] this chapter in which it may be usedwith little or no restrictions for land application.
"Existing" means constructed under a valid countypermit or with written approval from the directorbefore the effective date of this rule.
"Filter fabric" means a woven or spun-bondedsheet material used to impede or prevent the movementof sand, silt and clay through the filter material.This material shall be non-biodegradable, resistant toacids and alkalies within a pH range of 4 to 10, andresistant to common solvents.
["General permit" means a rule or document thatauthorizes each of a class of people, facilities, orsources to generate, treat, use, dispose, or dischargeof wastewater, including recycled water, andwastewater sludge within a specified geographic area.General permit refers to a type of permit that hasfewer procedural requirements than an individualpermit.]
"Grab sample" means a single discrete sample ofwastewater collected at a particular time and placewhich represents the composition of the source at thattime and place.
"Graywater" [means wastewater from a dwelling orother establishment produced by bathing, washdown,minor laundry and minor culinary operations, and
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specifically excluding toilet waste.] has the samemeaning as defined in section 342D-1, HRS.
"Haul" means the transport of an item by vehicleor boat.
"Holding tank" means a nonportable, watertightclosed vault used or designed to temporarily holddomestic wastewater.
"Household aerobic unit" means an individualwastewater system which receives domestic wastewaterfrom dwellings or from other sources generatingwastewater of a similar volume and strength, andretains solids, aerobically digests organic matterover a period of time, and allows the clarifiedeffluent to discharge outside the tank into a disposalsystem.
"Individual permit" means a document issued underthis rule to a specific person for a specificfacility, or practice to generate, treat, use,dispose, or discharge of wastewater and wastewatersludge at a specific location.
"Individual wastewater [system] systems" means [afacility which is used and designed to receive anddispose of no more than one thousand gallons per dayof domestic wastewater. Each individual wastewatersystem includes all connected plumbing, treatment (ifany), and disposal components that could, if notconnected, serve as separate wastewater systems.]facilities, such as septic systems, aerobic treatmentunits, and cesspools, that are not connected to asewer and are used and designed to receive and disposeof:
(1) No more than one thousand gallons per day ofdomestic wastewater; or
(2) Greater than one thousand gallons of domesticwastewater from buildings with highly variable flows.
"Injection well" has the same meaning as definedin chapter 11-23.
"Land application" means the spraying orspreading of wastewater sludge onto the land surface,the injection of wastewater sludge below the landsurface, or the incorporation of wastewater sludgeinto the soil such that the wastewater sludge caneither condition the soil or fertilize crops orvegetation grown in the soil.
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"Large capacity cesspool" means a cesspool thatserves more than one residential dwelling or, for anon-residential cesspool, has the capacity to servetwenty or more persons per day.
"Living area" means the portion(s) of a dwellingunit including, but not limited to, the bedroom,kitchen, bathroom, living room, family room, coveredlanai, den, and library, but excluding the garage,carport, open lanai, fence, and utility shed.
"Makai" means toward the sea or the area outsidethe Underground Injection Control (UIC) Lineencircling the protected aquifer.
"Manual of Septic Tank Practice" means the UnitedStates Department of Health, Education and WelfarePublication No. (HSM) 72-10020, formerly known as "PHSPublication No. 526", revised in 1967.
"Modal time" means the amount of time elapsedbetween the time that a tracer, such as salt or dye,is injected into the influent at the entrance to achamber and the time that the highest concentration ofthe tracer is observed in water where it is dischargedfrom the chamber.
"Mound system" means a soil absorption systemwhich is installed in or below an artificially createdmound 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 qualitywastewater sludge.
["Notice of intent" or "NOI" means a form ordocument used to notify the director that a personseeks coverage under a general permit.]
"Owner" means a person(s) who has legal title toa treatment works or individual wastewater system, orduly authorized representative of the owner.
"Pathogenic organisms" means disease-causingorganisms. These include, but are not limited to,certain bacteria, protozoa, viruses, and viablehelminth ova.
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"Person" has the same meaning as defined insection 342D-1, HRS.
"Person who prepares wastewater sludge" meansanyone who generates wastewater sludge during thetreatment of wastewater in a wastewater treatmentworks, a person who derives a material from wastewatersludge, a person who provides treatment of wastewatersludge, or a person who changes the quality ofwastewater sludge.
"pH" means the logarithm of the reciprocal of thehydrogen ion concentration measured at 25 degreesCelsius or measured at another temperature and thenconverted to an equivalent value at 25 degreesCelsius.
"Private" means not owned or operated by afederal, state, or county authority.
"Proposed" means put forward for consideration orsuggested to the director. For the purposes of thischapter, [it] "proposed" shall refer to the plans fora wastewater system or activity.
"Public" means, for issues of ownership, owned oroperated by a federal, state, or county authority.
"Public water system" has the same meaning asdefined in chapter 11-20.
"R-1 water" means recycled water that has beenoxidized, filtered, and disinfected to meet thecorresponding standards set in this chapter.
"R-2 water" means recycled water that has beenoxidized and disinfected to meet the correspondingstandards set in this chapter.
"R-3 water" means recycled water that has beenoxidized to meet secondary treatment standards as setforth by EPA.
"Recycled water" means treated wastewater that bydesign is intended or used for a beneficial purpose.
"Recycled water system" means a facility whichconveys to users or uses recycled water. Recycledwater systems are subdivided into distribution and usesystems. Recycled water systems include all piping,storage, and repressurization facilities to deliverrecycled water to users, but exclude treatment units.
"Reuse guidelines" means the "Guidelines for thetreatment and use of reclaimed water", Hawaii State
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Department of Health, Wastewater Branch, November 23,1993, [and] revised May 15, 2002.
"Seepage pit" means an excavation in the groundwhose depth is greater than its widest surfacedimension and which receives the discharge fromtreatment units and permits the effluent to [seep]exitthrough its bottom or sides [to gain access to theunderground formation.] for gradual seepage into theground.
"Septage" means either a liquid or solid materialremoved from a septic tank, cesspool, portable toilet,Type III marine sanitation device, or similartreatment works that receives wastewater.
"Septic system" means an individual wastewatersystem that usually consists of a septic tank, piping,and a drainage field where there is natural biologicaldecontamination as it is filtered through soil.
"Septic tank" means a watertight receptacle[which] that receives the raw wastewater, retainsafter settling solid matter or sewage for treatment bybacteria, and discharges a [settled,] partiallytreated effluent.
"Sewage sludge" means any solid, semi-solid, orliquid residue removed during the treatment ofmunicipal wastewater or domestic sewage. Sewagesludge includes, but is not limited to, solids removedduring primary, secondary, or advanced wastewatertreatment, scum, septage, portable toilet pumping,Type III Marine Sanitation device pumpings (33 Code ofFederal Regulations Part 159), and sewage sludgeproducts. Sewage sludge does not include grit,screenings, or ash generated during the incinerationof sewage sludge.
"Sewer" means a pipe or conduit or any otherappurtenances that carry wastewater from a building orbuildings to a specific point for treatment anddisposal.
"Soil absorption" means a process which uses thesoil to treat and dispose of effluent from a treatmentunit.
"Spray irrigation" means application of water andwastewater, including recycled water, to the land tomaintain vegetation or support the growth ofvegetation by spraying the water and wastewater above
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ground from sprinklers, micro-sprinklers, or orificesin piping.
"SS" means suspended solids and indicates thecharacteristic state of solids in wastewater.
"Standard methods" means the [17th] 22nd edition,[1989,] 2014, of "Standard Methods for the Examinationof Water and Wastewater" as published by the AmericanWater Works Association, American Public HealthAssociation and the Water Pollution ControlFederation, unless another edition is specified by thedirector.
"State waters" shall have the same meaning asdefined in section 342D-1, HRS.
"Subsurface disposal system" means a disposalsystem [which permits effluent to reach theunderground geologic formation] that allows thegradual seepage of effluent into the ground, such as aseepage pit, cesspool, injection well, soil absorptionsystem, or other facility used in the disposal ofwastewater, including any wastewater transmissionlines, pumps, power, or other equipment associatedwith the disposal of wastewater.
"Subsurface drip irrigation" means theapplication of water and wastewater, includingrecycled water, to the land to maintain vegetation orto support the growth of vegetation by discharging oremitting the water and wastewater from orifices inpiping below the surface or finished grade.
"Suitable soil" means a soil which acts as aneffective filter in the removal of organisms andsuspended solids before the effluent reaches anyhighly permeable earth formations, bedrock, orgroundwater.
"Surface disposal" means the placing ofwastewater sludge on the land for final disposal andincludes storage on land for two or more years.
"Surface irrigation" means the application ofwater and wastewater, including recycled water, bymeans other than spraying.
"Ten States Standards" means the 1980 edition ofthe Recommended Standards for Individual SewageSystems, a report by the committee of the Great Lakes-Upper Mississippi River Board of State SanitaryEngineers on the policies for review and approval of
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plans and specifications for individual wastewatersystems.
"Theoretical detention time" means the valueobtained by dividing the volume of a chamber, throughwhich fluid flows, by the flow rate expressed inamount of fluid volume per unit of time.
"Treatment unit" means any plant, facility, orequipment used in the treatment of wastewater,including the necessary pumps, power equipment,blowers, motors, holding tanks, flow splitter, andother process equipment.
"Treatment works" means any treatment unit andits associated collection system and disposal system,excluding individual wastewater systems.
"Vector attraction" means the characteristic ofwastewater sludge that attracts rodents, flies,mosquitoes, or other organisms capable of transportinginfectious agents.
"Wastewater" means any liquid waste, whethertreated or not, and whether animal, mineral, orvegetable, including agricultural, industrial, andthermal wastes.
"Wastewater sludge" has the same meaning as"sewage sludge".
"Wastewater sludge facility" means a facilitywhich collects, handles, stores, treats, or disposesof wastewater sludge. Wastewater sludge facilitiesshall exclude individual wastewater systems.
"Wastewater system" means the category of allwastewater and wastewater sludge treatment, use, anddisposal systems, including all wastewater treatmentworks, collection systems, wastewater sludgefacilities, recycled water systems, and individualwastewater systems.
"Water pollution" has the same meaning as definedin section 342D-1, HRS.
"Watertight" means constructed so that no watercan enter and discharge except through the inlet andoutlet pipe respectively. [Eff 12/10/88; am 8/30/91;am and comp 12/09/04; am and comp ](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 Parts501, 503, 40 CFR §501.2)
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§11-62-04 County wastewater advisory committee.(a) The mayor of each county may request that thedirector form a county wastewater advisory committee("committee"), and the mayor may nominate its members,who may include representatives of the county watersupply, public works, planning, and land utilizationdepartments, labor, industry, environmental groups,and other interested people. The chief of theenvironmental management division on Oahu and thedistrict environmental health program chiefs on theneighbor islands shall serve as [ex-officio] exofficio members of their respective county committees.The department shall provide technical and supportservices for the committee.
(b) The primary role of the committee is toreview and make recommendations to the director on theapplication of [these rules] this chapter on matterswhich are unique to each county, on the establishmentof critical wastewater disposal areas, on proposalswhich are not specifically addressed in these rules,and upon the director's request, for applications forvariances. The committee's recommendations shall seekto advance the purposes of this chapter. [Eff12/10/88; am 8/30/91; am and comp 12/09/2004; am andcomp ] (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5, 342D-50)
§11-62-05 Critical wastewater disposal areas(CWDA). (a) [The director may establish] All areasof the State are critical wastewater disposal areas[in each county based on one or more of the followingconcerns:
(1) High water table;(2) Impermeable soil or rock formation;(3) Steep terrain;(4) Flood zone;(5) Protection of coastal waters and inland
surface waters;(6) High rate of cesspool failures; and(7) Protection of groundwater resources].
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(b) The director may impose more stringentrequirements than those specified in [these rules]this chapter for wastewater systems located orproposed to be located within [any designated criticalwastewater disposal area.] areas that requireadditional protection. Requirements that the directormay impose include, but are not limited to, meetinghigher effluent standards for wastewater systems,limiting the method of effluent disposal, andrequiring flow restriction devices on water fixtures.
[(c) Proposed cesspools shall be severelyrestricted or prohibited in any designated criticalwastewater disposal area.
(d) Areas designated as critical wastewaterdisposal areas pursuant to subsection (a) areindicated on the CWDA maps dated March 16, 1990 andrevised April 15, 1997, which are attached to thischapter in appendix E, entitled CWDA Maps, dated April15, 1997. Larger and more detailed copies of the mapsare incorporated by reference and are available forexamination at the department's environmentalmanagement division and district health offices. Incase of a conflict between maps, the more detailed taxmap key map designations shall control.] [Eff12/10/88; am 8/30/91; am and comp 12/09/04; am andcomp ] (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5, 342D-50)
§11-62-06 General requirements. Owners shallcomply with these requirements: (a) All buildingsused or occupied as a dwelling, all public buildings,and all buildings and places of assembly[,and allbuildings] generating wastewater or with toilets,sinks, drains, or other plumbing fixtures capable ofconveying wastewater, shall be connected to awastewater system. In addition, any new buildingcapable of generating wastewater shall be connected toa wastewater system which meets the requirements ofthis rule.
(b) All [building(s)] buildings and places ofassembly generating wastewater or with toilets, sinks,drains, or other plumbing fixtures capable of
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conveying wastewater and located within or near[proximity of] an available public sewer system asdetermined by the director, shall connect to thepublic sewer.
(c) All wastewater systems shall be designed,constructed, operated, and maintained in accordancewith this chapter.
[(d) Buildings and operations, including farms,generating non-domestic wastewater shall meet thespecific requirements of this chapter as determined tobe applicable by the director.
(1) Wherever applicable, the director shall usethe requirements for non-domestic wastewateras set forth by the EPA, the ReuseGuidelines, and wherever applicable thedepartment's Guidelines for Livestock WasteManagement (Animal Waste Guidelines) datedJuly 1996. The Reuse Guidelines and theAnimal Waste Guidelines are available forinspection and purchase at the department'senvironmental management division and thedistrict health offices. Construction plansand engineering reports for proposed non-domestic wastewater systems shall besufficient in scope and depth fordetermining the adequacy of compliance withthe provisions of section 11-62-02.
(2) Any building or facility which is locatedwithin the state agricultural land usedistrict, county agricultural zoneddistricts or conservation districts may beexempt from the provisions of subchapters 2and 3, provided that such buildings orfacilities are essential to the operation ofan agricultural enterprise or consistentwith the conservation district use intent.However, the owner shall submit for thedirector's approval plans or engineeringreports or both for the wastewater systemsproposed to accommodate the wastewatergenerated from any building or facility inthis category. Such information submittedshall be sufficient in scope and depth fordetermining the adequacy of performance of
§11-62-06
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the wastewater system in meeting theprovisions of section 11-62-02.
(e)](d) Operation and maintenance. Allwastewater systems and parts thereof thatare installed or used by persons to achievecompliance with this [rule] chapter and theconditions of any [permit] departmentapproval for use issued under this ruleshall at all times be properly operated andmaintained. Proper operation andmaintenance includes adequate laboratorycontrols and appropriate quality assuranceprocedures as specified by the director.Effluent testing shall be performed by anindependent laboratory. Proper operationand maintenance also includes operation ofany required back-up or auxiliary facilitiesor similar systems as specified by thedirector to be installed to achievecompliance with this [rule] chapter and theconditions of any [permit] departmentapproval for use issued under this [rule]chapter.
[(f)] (e) No holding tank, except for publicfacilities, and no privy shall be used. No portabletoilets shall be used for any permanent structureunless approved by the director.
[(g)] (f) No person or the owner shall cause orallow any wastewater system to create or contribute toany 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 orpollution of state waters, except incompliance with a permit or variance issuedunder chapter 11-55, or a water qualitycertification or waiver obtained underchapter 11-54;
(6) A wastewater spill, overflow, or discharge(spill) onto the ground, except for R-1water from a recycled water system that is
§11-62-06
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implementing BMPs approved by the director.The burden of proof is on the recycled watersystem's owner or operator to demonstratethat the spill qualifies for this exception;
(7) Harborage of vectors, including insects androdents;
(8) Foul or noxious odors;(9) Public safety hazard; or(10) Contamination, pollution, or endangerment of
drinking waters, except in compliance with apermit issued under chapter 11-23.
[(h)](g) Notice. If any of the conditions insubsection [(g)](f) exist, the owner or the personresponsible for the wastewater system shall notify thedirector immediately, unless for subsection [(g)(5)](f)(5) and [(g)(6)] (f)(6), the owner or personresponsible demonstrates compliance with the protocolattached to this chapter as [appendix C,] Appendix B,entitled Responses for Wastewater Spills, Overflows,and Discharges ("Spills") dated [April 15, 1997.] July1, 2014.
[(i)](h) In case of a violation of this chapter,the director, at the director's discretion, shallinitiate enforcement action against the owner(s) ofthe wastewater system [and initiate enforcement actionagainst other persons] to have the offending conditionabated, corrected, or removed [, destroyed, orprevented]. In addition, once a violation of thischapter occurs, the director shall order the [owner ofthe wastewater system] owner to take immediate actionsto protect public health and safety.
[(j)](i) Duty to mitigate. The owners ofwastewater systems shall take steps to minimize orprevent the use and disposal of wastewater orwastewater sludge in violation of this chapter whichhas a reasonable likelihood of adversely affectinghuman health or the environment.
[(k)](j) Upon request by the director, proposedwastewater systems in critical wastewater disposalareas shall be approved in writing or by rule by therespective county board of water supply or departmentof water supply.
§11-62-06
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[(l)](k) If applicable, a wastewater systeminvolving the subsurface disposal of wastewater shallbe in compliance with chapter 11-23.
[(m)](l) Approvals to construct the wastewatersystem shall be considered invalid if:
(1) A county does not issue a building permitfor a private building within [one year]five years after the director approves thewastewater system, or the construction ofthe wastewater system has not [begun] beencompleted within [one year] five years ofthe approval; [and] or
(2) [A] The director revokes approval toconstruct or a county revokes [or rescinds]a building permit and the building is to beserved by a wastewater system that wasapproved in conjunction with the buildingpermit application.
Reapproval of any wastewater system for which thedirector's approval has been [rescinded] revoked ordetermined invalid pursuant to this paragraph shall bebased on the applicable rules in effect at the timethe request for reapproval is made.
[(n) Whenever] (m) The director, at the director'sdiscretion, may require that a wastewater system beupgraded to meet the applicable requirements of thischapter whenever a building modification is proposedthat may change the nature or quantity of thewastewater flowing to the wastewater system. Themodifications may include but not be limited to addingadditional bedrooms to a dwelling or adding arestaurant to a shopping complex. The director, atthe director's discretion, may also require that awastewater system be upgraded[, the wastewater systemserving the building shall be required to be upgradedin order to meet the applicable requirements of thisrule]if any of the following conditions exists:
(1) The existing wastewater system has createdor contributed to any of the conditionsnoted in subsection [(g);](f);
(2) The existing wastewater disposal system has[been pumped more than twice] within thelast twelve months [;] been pumped more than
§11-62-06
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twice or has spilled wastewater more thanonce;
(3) The existing wastewater system disposesuntreated wastewater directly into thegroundwater table; or
(4) The owner of the existing wastewater systemhas not satisfactorily addressed [any] allof the deficiencies noted by the director.
[Upon the director's discretion and the engineer'srecommendation, for a cesspool located below theUnderground Injection Control Line, not disposingwastewater directly into the groundwater table,located in suitable soil, and meeting all distancerequirements of Table II, the installation of a septictank before the cesspool shall temporarily meet thisupgrade requirement until such time that the directordetermines a new wastewater system is required.]
[(o)] (n) Modifications to wastewater systemsthat may affect the quality [and] or quantity of thewastewater and wastewater sludge shall meet theapplicable provisions of this [rule] chapter.
[(p)] (o) Actions [of] taken by the director toevaluate and determine possible [engaged in theevaluation and determination of] measures [required]to[effect] achieve compliance with this chapter [shallin no way be taken as a] do not guarantee that [the]an approved wastewater [systems approved] system willfunction [in a satisfactory] satisfactorily [manner]for any [given] period of time, or mean that [the]department employees [assume any] are [liability]liable for any damages, consequential or direct, that[which] are or may be caused[, or which may becaused,] by a malfunction of the wastewater systems.
[(q)] (p) Duty to comply. The owners of anywastewater system shall comply with all applicableprovisions of this chapter. In addition, all[permittees] owners shall comply with all conditionsof any [permit] department approval for use issuedunder this chapter. Any noncompliance constitutes aviolation and is grounds for: enforcement action;[forpermit] department approval for use termination,revocation and reissuance, or modification; or denialof a [permit] department approval for use renewalapplication.
§11-62-07.1
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[(r)](q) In cases where the director is requiredto conduct an inspection at a location outside theState, the owner of the wastewater system shall berequired to cover all costs related to the inspection.
(r) Upon sale of any building served by anexisting cesspool, the building, no later than onehundred and eighty days after ownership transfer,shall be connected to a sewer or, where a sewerconnection is not feasible, the cesspool shall bereplaced with a new wastewater system, other than acesspool, that meets the applicable requirements ofsubchapter 3.
[Eff 12/10/88; am 8/30/91; am and comp 12/09/04; amand comp ] (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))
§11-62-07 REPEALED [R 8/30/91]
§11-62-07.1 Requirements for non-domesticwastewater. (a) The director will review the use anddisposal of non-domestic wastewater on a case-by-casebasis.
(b) Non-domestic wastewater includes, but is notlimited to:
(1) Wastewater from agricultural, commercial, orindustrial activities or operations;
(2) Solids, semi-solids, or liquids removed fromthe non-domestic wastewater;
(3) Wastewater that contains a mix of bothdomestic and non-domestic wastewater; or
(4) Solids, semi-solids, or liquids removed fromwastewater that contains a mix of bothdomestic and non-domestic wastewater.
(c) Buildings and operations generating non-domestic wastewater, including farms, shall meet thespecific requirements of this chapter as determined tobe applicable by the director.
§11-62-07.1
62-26
(1) Wherever applicable, the director shall usethe requirements for non-domestic wastewateras set forth by the EPA, the ReuseGuidelines, and wherever applicable thedepartment's Guidelines for Livestock WasteManagement (Animal Waste Guidelines) datedJanuary 10, 2010. The Reuse Guidelines andthe Animal Waste Guidelines are availableon-line at the Wastewater Branch section ofthe department’s website and are availablefor inspection and purchase at thedepartment's environmental managementdivision and the district health offices.Construction plans and engineering reportsfor proposed non-domestic wastewater systemsshall be sufficient in scope and depth fordetermining compliance with the provisionsof this chapter.
(2) Any building or facility which is locatedwithin the state agricultural land usedistrict, county agricultural zoneddistricts, or conservation districts may beexempt from the provisions of subchapters 2and 3 for its non-domestic wastewaterprovided that the buildings or facilitiesare essential to the operation of anagricultural enterprise or consistent withthe conservation district use intent. Theowner shall submit for the director'sapproval plans or engineering reports, orboth, for the wastewater systems proposed toaccommodate the wastewater generated fromany building or facility in this category.Information submitted shall be sufficient inscope and depth for determining the adequacyof performance of the wastewater system inmeeting the provisions of this chapter.
[(e)](d) [The director in] In determiningtreatment requirements for the non-domestic wastewatershall use requirements for non-domestic wastewater,the director as set forth by EPA, 40 CFR 257,subchapter 4, the Reuse Guidelines, and the AnimalWaste Guidelines. [Eff and comp 12/09/04; am and comp
§11-62-08
62-27
](Auth: HRS §§321-11, 322-8(a), 342E-3) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342E-3)
§11-62-08 Other requirements for wastewatersystems. (a) Purpose.
(1) It is the purpose of this section andsubchapters 2, 3, and 4 to set forth minimumrequirements 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, andto protect the wastewater systems frommalicious damage or unauthorized entry;and
(D) To emphasize the need for properdesign, installation, operation, andmaintenance.
(2) This section and subchapters 2, 3, and 4give the engineer designing the wastewatersystem flexibility and designresponsibility. The design engineer isresponsible for the choice of equipment,types of treatment processes used,structural integrity, electrical components,disposal system designs, adequate workspace, accessibility for operation,maintenance and repair, redundancy of majorequipment and processes, corrosion control,and all other major aspects of wastewatersystem design.
(3) Nothing in this chapter shall be construedto prevent the engineer from exceeding theminimum requirements if the engineerdetermines that specific conditions warrantsuch additional measures.
(b) No person shall construct [or], modify theconstruction of, or modify the use of a wastewatersystem without the approval of the director. The
§11-62-08
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following documents shall be submitted to the directorprior to such approval:
(1) Construction plans prepared by or under thesupervision of an engineer indicating the following:
(A) Acreage, address, and tax map keynumber(s) of the project site;
(B) Plot plan drawn to scale showing thelocation of the proposed and anyexisting wastewater system and itsdistances from existing and proposedbuildings, structures, legalboundaries, property lines, adjacentsurface bodies of water, drinking watersources, and existing public sewerswithin 2,000 feet of the nearestproperty line; and
(C) Sufficient details to show compliancewith all applicable requirements ofthis chapter.
(2) Construction plans for an individualwastewater system prepared by the engineer[shall show] showing sufficient details toenable the contractor to construct theindividual wastewater system.
(3) Wastewater sludge use and disposal planindicating how the wastewater sludgefacility will comply with subchapter 4.
(c) Whenever applicable, the design flow of anydevelopment to be served by a wastewater system shallbe 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 toall treatment units shall be provided to preventaccidents, drownings, vandalism, and interference withthe treatment process. At a minimum, the provisionsshall include:
(1) Fencing or other secured enclosures at leastsix feet in height with no more than threeand a half inch clear openings or spaces fortreatment units with exposed water surfacesor equipment; or
(2) Completely enclosed treatment units withunexposed water surfaces and equipment.Access openings to completely enclosed
§11-62-09
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treatment unit(s) and equipment shall besecured and properly identified, and belarge enough to allow removal of equipmentfrom the facility.
(e) No person shall use the area adjacent to ordirectly above any wastewater system for purposes oractivities which may hinder or interfere with theoperation and maintenance, modification, orreplacement of the wastewater system.
(f) No person shall operate a wastewater systemunless that person or the owner of the wastewatersystem is authorized by the director in accordancewith the applicable provisions of sections 11-62-23.1(e) and 11-62-31.1(f) and the applicableprovisions of chapter 11-61. The director may inspectthe wastewater system or its site at any time beforeauthorizing the use of the system and may requireadvance notice of the engineer’s inspection.
(g) All wastewater systems shall be constructedor modified by a person meeting the requirements of[section] chapter 444, HRS, and any pertinent rules[promulgated] adopted by the department of commerceand consumer affairs, State of Hawaii. [Eff 8/30/91;am and comp 12/09/04; am and comp ](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)
§11-62-09 Public access to information. (a)The following information is available for publicinspection:
(1) The name and address of any person seekingor obtaining registration, an individualpermit, or [general permit coverage;]department approval for use of an individualwastewater system; and
(2) Registration information and forms,registrations, individual permitapplications and permits, [notices of intentto be covered by a general permit, generalpermit coverage notices,] departmentapproval for use of an individual wastewatersystem, sludge and effluent data, and
§11-62-09
62-30
reports required to be submitted under thischapter. This includes informationsubmitted on the forms themselves and anyattachments used to supply informationrequired by the forms.
(b) This section is not intended to limitchapter 92F, HRS, or any other law requiring thedisclosure of information.
(c) Applications for request for publicinformation regarding wastewater system shall be madein writing on forms furnished by the director. At aminimum, the application shall identify where thewastewater system is, including when possible theapplicable street address to and tax map key of thelot, and a mailing address which the information is tobe sent. [Eff and comp 12/09/04; am and comp
](Auth: HRS §§91-2, 92-21,342D-4, 342D-5, 342D-14) (Imp: HRS §§91-2, 92-21,342D-2, 342D-4, 342D-5, 342D-6, 342D-14, 342D-55)
§11-62-10 Public hearings and informationalmeetings. (a) The director may hold a public hearingin the director's discretion, when such a hearing mayhelp the director's decision on a matter regulated bythis chapter or for another reason which the directorconsiders to be in the public interest.
(b) The director may hold a public informationalmeeting when the director considers it to be in thepublic interest. [Eff and comp 12/09/04; comp
] (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))
§11-62-11 Incorporation by reference.Appendices A through [F] E, dated [April 15, 1997,]July 1, 2014, [and form A] located at the end of thischapter, [is] are made a part of this chapter. [Effand comp 12/09/04; am and comp ](Auth: 342D-4, 342D-5) (Imp: 342D-4, 342D-5, 342D-6)
§11-62-12
62-31
§11-62-12 Timely processing. (a) [The] Thissection applies to applications for a permit, license,certificate, or any form of approval required underthis chapter.
(b) The director shall approve, approve withconditions, or deny a complete application and notifythe applicant accordingly within one hundred eightydays of the receipt of the complete application.Otherwise, the application is deemed automaticallyapproved on the one hundred eighty-first day.
(c) The director shall determine and notify anapplicant of the completeness or deficiency of anapplication covered by this section, including paymentof required fees, within forty-five days of receipt ofthe application. Failure by the applicant to provideadditional information, pay the fees, or correct adeficiency for completeness of the application issufficient ground to suspend or terminate a review ofthe application. The director shall determine andnotify an applicant of the completeness of a revisedapplication covered by this section, including paymentof required fees, within thirty days of receipt of therevised completed application.
(d) Notice to the applicant shall be completeupon mailing, facsimile transmission, or electronicmail transmission.
(e) The period for the director's actionincludes all calendar days, but if the period ends ona Saturday, Sunday, or state holiday, the periodextends to the next working day.
(f) The one hundred eighty day period for thedirector's action under subsection (b) applies to thedirector's initial decision and notice. The initialdecision and notice do not become untimely if laterthere is a request for hearing, an actual hearing, alawsuit, or other challenges to the initial decisionwhich prevents it from becoming final.
(g) The time for the director's action andnotice to the applicant shall be extended when allowedby section 91-13.5, HRS.
(h) Any action taken and any wastewater systemor sludge facility built, modified, or operated underan automatic approval shall comply with all applicablerequirements of this chapter, and the automatic
§11-62-12
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approval is effective for a period of one year. [Eff10/21/00; comp 12/09/04; am and com](Auth: HRS §§91-13.5, 322-11, 322-8(a), 342D-4,342D-5) (Imp: HRS §91-13.5)
SUBCHAPTER 2
WASTEWATER TREATMENT WORKS
§11-62-21 REPEALED [R 8/30/91]
§11-62-22 REPEALED [R 8/30/91]
§11-62-23 REPEALED [R 8/30/91]
§11-62-23.1 Specific requirements for wastewatertreatment works. (a) In addition to the requirementsof section 11-62-08(b), the following documents shallbe submitted to the director prior to approval toconstruct the treatment works:
(1) A written declaration signed and dated bythe engineer that the proposed treatmentworks was designed to meet all applicableeffluent requirements of sections 11-62-26and 11-62-27; and
(2) Certification by the owner of a proposedtreatment works that the treatment worksshall be operated and maintained inaccordance with all of the provisions of theoperation and maintenance manual developedpursuant to subsection (d)(2). The ownershall certify that the operation andmaintenance manual shall be available to theoperator of the treatment works and shallfurther certify that, upon sale or transferof ownership of the treatment works, thesale or transfer will include constructiondrawings, equipment manuals, operationaldata collected, and the appropriate transferdocuments and provisions binding the new
§11-62-23.1
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owner to the operation and maintenancemanual.
(b) All treatment works shall be provided with acontinuous effluent flow measuring device such thatdaily wastewater flow can be determined. Fortreatment works with design flows equal to or greaterthan 100,000 gallons per day, the continuous effluentflow measuring device shall include recordingequipment to totalize or chart daily flows.
(c) Unless otherwise specified by the director,the following distance requirements apply to alltreatment works:
(1) Treatment units, except as provided inparagraph (3), shall not be less thantwenty-five feet from any property lines norless than ten feet from any building andswimming pools;
(2) Disposal systems, excluding effluentirrigation systems, shall not be less thanfive feet from a property line nor less thanfive feet from any building; and
(3) Completely enclosed, locked, and ventilatedequipment rooms used to house items such asblowers, motors, pumps, electrical controls,and chemical feeders shall not be less thanfive feet from property lines or less thanten feet from dwelling unit(s).
(d) No person shall operate a treatment worksunless the following documents are provided:
(1) A written declaration signed and dated bythe engineer responsible for the preparationof the operation and maintenance manual forthe treatment works, that the operation andmaintenance manual meets paragraph (2) andthat if the treatment works is operated inaccordance with the manual, all applicableeffluent requirements will be met; and
(2) An operation and maintenance manual preparedby the engineer. The manual [shall], as aminimum, shall provide the details on thefollowing:(A) Operation and maintenance instructions
for each pump station and treatmentunit or process under normal and
§11-62-23.1
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emergency conditions such as poweroutage and equipment malfunction;
(B) Operation and maintenance instructionsfor the disposal system includingprocedures for purging or chemical"shock loading" to prevent or eliminatebiological growth in the subsurfacedisposal system;
(C) List of required sampling frequenciesand analyses to be conducted by theoperator;
(D) Troubleshooting, corrective, andpreventive measures to be taken tomaintain process control and treatmentperformance;
(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 collectionlines and equipment;
(O) Details on all safety equipment at thetreatment works site, any applicablespare parts, maintenance, and operationinstructions; and
(P) Details on all monitoring equipmentincluding spare parts, maintenance, andoperating instructions.
(e) No person shall operate a treatment worksuntil it has been inspected to the director's
§11-62-23.1
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satisfaction and the director has authorized inwriting the use of the treatment works.
(1) The owner's engineer shall inspect thetreatment works and submit to the director afinal inspection report stating whether thewastewater treatment works has beenconstructed according to the submitted plansapproved by the director and identifying anydiscrepancies and their resolutions. Anydiscrepancy between the constructedtreatment works and the approved plans issufficient reason to withhold approval tooperate the treatment works.
(2) Before operation of the treatment works, theowner shall resolve all discrepancies.
(3) Any changes to the approved plan shall beresubmitted to the director for approvalbefore the final inspection.
(4) The inspection shall not be considered finaluntil the constructed treatment worksconforms to the approved plans.
(f) After the first year of operation, the[owner of the treatment works] owner's engineer shallsubmit to the director a written statement based onresults of actual sampling and [the] professionaljudgment of [the owner's engineer] whether or not thetreatment works is meeting and at the design flow willmeet the applicable effluent requirements of sections11-62-26 and 11-62-27. If the treatment works is notmeeting the applicable effluent requirements, the[owner] owner's engineer shall submit to the directora corrective action report containing:
(1) An analysis of the cause of the treatmentworks' failure to meet the effluentrequirements and an estimate of the scope ofthe corrective action necessary to enablethe treatment works to be in compliance;
(2) A schedule for undertaking the correctiveactions; and
(3) A date by which the treatment works shall bein compliance with the applicable effluentrequirements.
(g) Treatment works shall be designed with
§11-62-23.1
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safety in mind and comply with appropriate provisionsof the Occupational Safety and Health Standards of theState of Hawaii, Department of Labor and IndustrialRelations.
(h) Upon abandoning, retiring, or permanentlydiscontinuing use of a treatment works, the ownershall render it safe by removing it or filling itcompletely with earth, sand, gravel, or similar non-organic matter. All above ground portions of thetreatment works shall be rendered safe and vectorfree. Electrical components shall be disconnected atthe circuit breaker or source and all access openingssealed. Injection wells shall be abandoned inaccordance with chapter 11-23.
(i) For public wastewater treatment works, afacility plan shall be initiated when the actualwastewater flow reaches 75 per cent of the designcapacity of the wastewater treatment works.Implementation of the recommendation of the facilityplan shall be initiated when the actual wastewaterflow reaches 90 per cent of the design capacity of thewastewater treatment works.
(j) [Standby] The owner or operator shallprovide standby power for all lift stations to preventunauthorized discharges of wastewater during a primarypower outage.
(k) For all treatment works which producerecycled water, the director shall be guided by therequirements of subchapter 1, other applicablesections of this subchapter, and the Reuse Guidelinesfor all decisions on production of recycled water.[Eff 8/30/91; am and comp 12/09/04; am and comp
] (Auth: HRS §§321-11, 342D-4,342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8,342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-24 Treatment unit requirements. (a) Forprivate wastewater treatment works of required designcapacities of less than 100,000 gallons per day:
(1) For sludge digesters or aerated sludgeholding tanks constructed after December 10,1988, the sludge digesters or aerated sludgeholding tanks shall treat and store at least
§11-62-24
62-37
the amount of sludge generated over a twentyday period;
(2) Except for subsurface disposal systems,continuous disinfection of the treatedeffluent shall be provided for treatmentworks unless otherwise approved or orderedby the director;
(3) For aeration tanks constructed afterDecember 10, 1988, the aeration tank loadingshall not exceed 12.5 pounds of BOD5 per1,000 cubic feet. For the sequencing batchreactor process, food to microorganism (F/M)ratios shall be between 0.05 and 0.10;
(4) For final settling tanks constructed afterDecember 10, 1988, the detention time forfinal settling tanks shall not be less thanfour hours and the surface overflow rateshall not exceed 300 gallons per day persquare foot based on the average daily flow;
(5) For treatment works constructed afterDecember 10, 1988, flow equalization shallbe provided unless the engineer submitswritten justification that changes in normaldaily flow rate or seasonal occupancy ratesshall not affect the treatment unit'sability to meet continuous compliance withthe effluent requirements of sections 11-62-25, 11-62-26, and 11-62-27;
(6) For treatment works constructed afterDecember 10, 1988, easy access shall beprovided for operators to allow necessaryoperation, maintenance, and repair.Completely enclosed treatment units withunexposed water surfaces and equipment shallnot be allowed unless the design engineercan satisfy the director that provisionshave been included to eliminate confinedspace work areas and to allow accessibilityfor necessary operation, maintenance, andrepair, and replacement; and
(7) For all treatment units utilizing gaschlorination for disinfection, the followingequipment shall be provided: chlorine gasleak detector and alarm, self contained
§11-62-24
62-38
breathing apparatus, chlorine gas mask,warning signs, and an emergency eyewash andshower.
(b) New and proposed private wastewatertreatment works of required design capacity greaterthan or equal to 100,000 gallons per day and new andproposed county wastewater treatment works shallcomply with the design standards of their respectivecounties. If a county does not have wastewatertreatment works design standards, then the designstandards of the City and County of Honolulu shall beused.
(c) Private wastewater treatment works withdesign flows greater than or equal to 100,000 gallonsshall have solids dewatering equipment included in thefacility design. [Eff 12/10/88, am 8/30/91; am andcomp 12/09/04; am and comp ](Auth:HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11,322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6,342D-50)
§11-62-25 Wastewater effluent disposal systems.(a) New and proposed [subsurface] effluent disposalsystems.
(1) [Subsurface] Effluent disposal systems shallat least consist of a primary disposalcomponent and a separate 100 per cent back-up disposal component.
(2) The primary disposal component and the back-up disposal component shall each be designedto handle the peak flow. The peak flowshall be determined in accordance with thedesign standards of their respective county.If a county does not have design standards,the design standards of the City and Countyof Honolulu shall be used. Other means ofdetermining the peak flow, as recommended bythe design engineer, may be approved by thedirector.
(3) Each disposal component shall be tested toaccommodate the wastewater flow as requiredin paragraph (2).
§11-62-26
62-39
(b) For treatment works utilizing subsurfacedisposal systems, [other than subsurface disposalsystems] design data and other pertinent data shall besubmitted to and approved by the director on a case-by-case basis. Decisions by the director shall beguided by subchapter 1 and other applicable sectionsof this subchapter.
(c) All wastewater effluent disposal systemsshall include provisions to facilitate operation,maintenance, and inspection.
(d) All wastewater subsurface effluent disposalsystems shall include provisions for purging andchemical "shock loading". [Eff 12/10/88, am 8/30/91;am and comp 12/09/04; am and comp ](Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5,342D-6, 342D-50)
§11-62-26 Wastewater effluent requirements,recycled water quality, and monitoring and reportingrequirements applicable to treatment works treating[domestic] wastewater. (a) All treatment works shallmeet the applicable requirements of this section.Nothing in this section shall be construed to preventthe engineer from applying more stringent requirementsif the engineer determines that the particular designand circumstances for which the engineer isresponsible warrants the more stringent requirements.
(b) Treatment works' effluent and otherparameters shall be monitored as follows and shall notexceed the following limits:
(1) Biochemical oxygen demand (BOD5).(A) For wastewater treatment works
excluding wastewater pond systems with[design] actual flows greater than orequal to 100,000 gallons per day, theowner or operator shall performcomposite sampling at least weekly.
(B) For wastewater treatment works with[design] actual flows less than 100,000gallons per day, the owner or operator
§11-62-26
62-40
shall perform grab sampling at leastmonthly.
(C) For wastewater pond systems with actualflows greater than or equal to 100,000gallons per day, the owner or operatorshall perform grab sampling at leastweekly.
[(C)](D) The BOD5 in the effluent from atreatment works shall not exceed 30milligrams per liter based on the[arithmetic] monthly average of theresults of the analyses of compositesamples.
[(D)](E) The BOD5 in the effluent from atreatment works shall not exceed 60milligrams per liter based on a grabsample.
(2) Suspended solids.(A) For wastewater treatment works, except
for wastewater pond systems, with[design] actual flows greater than orequal to 100,000 gallons per day, theowner or operator shall performcomposite sampling at least weekly.
(B) For wastewater treatment works with[design] actual flows less than 100,000gallons per day, the owner or operatorshall perform grab sampling at leastmonthly.
(C) For wastewater pond systems with actualflows greater than or equal to 100,000gallons per day, the owner or operatorshall perform grab sampling at leastweekly.
[(C)](D) The suspended solids in theeffluent from a treatment works shallnot exceed 30 milligrams per literbased on the [arithmetic] monthlyaverage of the results of the analysesof composite samples.
[(D)](E) The suspended solids in theeffluent from a treatment works shallnot exceed 60 milligrams per literbased on a grab sample.
§11-62-26
62-41
(3) Owners or authorized agents shall submitsuspended solids and BOD5 lab data to thedirector no later than thirty days after thelast day of June and December.
[(3)](4) The dissolved oxygen, pH, and 30minutes settleability of the contents of theaeration tank shall be sampled and analyzedat least weekly.
[(4)](5) Effluent chlorine residual, if any,shall be sampled and analyzed at leastweekly.
[(5)](6) Total daily flow shall be monitored atleast weekly.
[(6)](7) The volume of wastewater sludge wasted,the solids concentration of wastewatersludge wasted, the name of the wastewatersludge pumping and hauling firm, and thedates of pumping and hauling, if applicable,shall be recorded.
(8) The operator shall maintain a servicing logbook at the wastewater treatment works.
[(7)](9) Alternative effluent limitations aspermitted by EPA regulations, (40 CFR 125and 40 CFR 133), relating to the definitionof secondary treatment or other industrialcategories, may be utilized by the director.
[(8)](10) For the purposes of this section, thearithmetic average of the results of theanalyses of composite samples shall be basedupon one or more analyses made within a 30consecutive calendar day period. Thearithmetic average shall be the sum of theresults of all analyses divided by thenumber of analyses made during the 30consecutive calendar day period.
[(9)](11) For the purposes of this section,composite samples shall consist of at leasteight sample aliquots, collected at periodicintervals during the operating hours of thefacility over a 24-hour period. Thecomposite sample must be flow proportional;either the time interval between eachaliquot or the volume of each aliquot mustbe proportional to either the stream flow at
§11-62-26
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the time of sampling or the total streamflow since the collection of the previousaliquot. Aliquots may be collected manuallyor automatically.
(c) In addition to subsection (b), treatmentworks producing R-1 water or R-2 water for recycledwater systems shall provide continuous disinfection ofthe effluent as specified below unless otherwisespecified by the director.
(1) R-1 water disinfection requirements.(A) For chlorine disinfection process. The
disinfection process shall [provides]provide a CT (the product of totalchlorine residual and modal contacttime measured at the same point) valueof not less than 450 milligrams-minutesper liter at all times with a modalcontact time of at least ninety minutesbased on peak dry weather design flow;or
(B) For non-chlorine disinfectionprocesses. The disinfection processshall demonstrate to the director’ssatisfaction [that] the inactivationand removal of 99.999 per cent of theplaque forming units of F-specificbacteriophage MS2 or polio virus in thewastewater.
(2) R-2 water disinfection requirements.(A) For chlorine disinfection processes.
(i) A theoretical contact time offifteen minutes or more and anactual modal time of ten minutesor more throughout which thechlorine residual is 0.5milligrams per liter or greater;and
(ii) Automatic [control of chlorinedosage and automatic] continuousmeasuring and recording ofchlorine residual shall beprovided. The chlorine facilitiesshall have adequate capacity to
§11-62-26
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maintain a residual of 2milligrams per liter.
(B) For non-chlorine disinfectionprocesses.(i) The disinfection process shall
demonstrate to the director’ssatisfaction the ability to meetthe requirements of [paragraph]subsection (d)(2); and
(ii) Automatic controls shall beprovided to continuously measureand record disinfection dosage andresiduals, if any.
(3) Monitoring shall be by grab samples thatshall be taken at a point followingdisinfection.
(d) In addition to [subsection] subsections (b)and (c), treatment works producing R-1 water or R-2water for recycled water systems shall meet thefollowing daily fecal coliform requirements unlessother sampling frequencies are approved by thedirector. Monitoring shall be by grab samples thatshall be taken at a point following disinfection.
(1) R-1 water.(A) The median density measured in the
disinfected effluent shall not exceed2.2/100 milliliters using thebacteriological results of the lastseven days for which analyses have beencompleted;
(B) The density shall not exceed 23/100milliliters in more than one sample inany thirty day period; and
(C) The density in any one sample shall notexceed 200/100 milliliters.
(2) R-2 water.(A) The median density as measured in the
disinfected effluent shall not exceed23/100 milliliters using thebacteriological results of the lastseven days for which analyses have beencompleted; and
§11-62-26
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(B) The density of shall not exceed 200/100milliliters in more than one sample inany thirty day period.
(e) In addition to subsections (b) through (d),treatment works producing R-1 water for recycled watersystems shall provide continuous turbidity monitoringand recording prior to the filtration process and at apoint after the filters and before application of thedisinfectant. [For granular media filtration units,the effluent turbidity shall not exceed 2.0nephelometric turbidity units (NTUs). For membranefiltration units, the effluent turbidity limitationsshall be determined by the director on a case by casebasis.] The R-1 water shall meet the followingturbidity limits:
(1) For filtration systems utilizing sand orgranular media, cloth, or other syntheticmedia, the turbidity shall not exceed any ofthe following:(A) An average of two nephelometric
turbidity units (NTU) within a twenty-four hour period;
(B) 5 NTU more than five percent of thetime within a twenty-four hour period;and
(C) 10 NTU at any time.(2) For filtration systems utilizing membrane
filtration, the turbidity shall not exceedany 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 criteriashall apply:
(1) The design UV dose shall be at least 100mJ/cm2 under maximum daily flow; and
(2) The filtered UV transmittance shall be 55percent or greater at 254 nanometers (nm).
(g) When using membrane filtration for existingR-1 facilities, the following performance criteriashall apply:
§11-62-27
62-45
(1) The design UV dose shall be at least 80mJ/cm2 under maximum daily flow; and
(2) The filtered effluent UV transmittance shallbe 65 percent or greater at 254 nm.
(h) The minimum acceptable design requirementsand commissioning of new UV disinfection systems shallcomply with the Ultraviolet Disinfection Guidelinesfor Drinking Water and Water Reuse, Third Edition,2003, published by the National Water ResearchInstitute.
[(f)](g) The analysis, including the handlingand preservation of samples, to determine compliancewith effluent requirements shall be performed inaccordance with Standard Methods or EPA's Methods forChemical Analysis of Water and Wastes. The directormay approve alternative methods for analyzing theeffluent limits of this section. The alternative testmethods, when approved, may be used by the director todetermine compliance with effluent limits as stated inthis rule. [Eff 12/10/88, am 8/30/91; am and comp12/09/04; am and comp ] (Auth: HRS§§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-27 Recycled water systems. (a) Norecycled water system shall be constructed, used, ormodified without written approval by the director.
(b) In reviewing recycled water systems and inaddition to [the these rules] this chapter, thedirector shall be guided by the Reuse Guidelines.
(c) Before using recycled water, the owner ofthe recycled water system shall submit to the directorthe following information:
(1) Name, address, and phone number of the ownerand party responsible for the application ofrecycled water at the site (if differentfrom the owner);
(2) Clear identification of the people who willactually operate and maintain the system, ifdifferent from paragraph (1);
(3) Detailed site information on the waterrecycling application site and its
§11-62-27
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surroundings, including site name, address,and tax map key number(s), a map indicatingspecific areas of use, areas of publicaccess, surrounding land use, location ofall wells within a one-fourth mile radius,description of nearest housing or publicarea, setbacks, general location of existingand proposed water and sewer lines, thedirection of drainage with a description ofhow the drainage will flow, and the depth togroundwater underlying the irrigated areawith a description of the ground waterquality; and
(4) Information sufficient to show compliancewith the requirements of subsection (h), andidentification of best management practices.
(d) Before using recycled water, the owner ofthe recycled water system shall also submit to thedirector for approval an engineering report. Thereport shall include the following information andshall clearly identify all best management practices
to be implemented:(1) An irrigation use plan that includes
information on application rates, intendeduses, and schedules for recycled water use.The irrigation use plan shall also includeinformation on types of vegetation, typesand methods of irrigation, proposedirrigation schedules, vegetative consumptionrates, water balance calculations, nutrientbalance calculations, and the correspondingacreage to be used for irrigation;
(2) An overflow control plan that includesdetailed best management practices tocontrol or minimize runoff or ponding orrecycled water;
(3) A management plan that includesestablishment and delineation of theresponsibilities of operation andmaintenance of the recycled water system;
(4) A public information and access plan, tominimize public contact with the recycledwater, that includes methods to adequatelyinform the public that recycled water is
§11-62-27
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being used[,] and that the recycled water isunfit for human consumption; and methods tocontrol public access to the recycled watersystem and areas of recycled water use;
(5) A labeling plan to distinguish piping andappurtenances which carry or containrecycled water from those for potable water;
(6) An employee training plan that describes thetraining that the employees will receive toensure compliance with [these rules] thischapter and any other features specified bythe director;
(7) A vector control plan (if applicable); and(8) A groundwater monitoring plan (if
applicable), including formulation of astrategy for the observation andsurveillance of groundwater for possiblesources of pollution.
(e) For existing users of recycled water, theowner of the recycled water system shall submit theinformation and plans required in subsections (c) and(d), except for the information contained insubsection (d)(1) regarding the vegetative consumptionrates and water balance, and subsection (d)(8)regarding groundwater monitoring. For users of non R-1 recycled water spray irrigation systems, the ownershall also describe the methods and controls used toensure that public contact with aerosols areminimized.
(f) For recycled distribution water systems, theowner of the recycled water distribution system shallsubmit an engineering report containing the followinginformation:
(1) Name, address, and phone number of the ownerand party responsible for the recycled waterdistribution system (if different from theowner);
(2) Information about the treatment workssupplying the recycled water, including thename, address, tax map key number, andowner's name;
(3) Maps showing the location of thedistribution system layout. The maps shall
§11-62-27
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also include the location of all water andsewer lines;
(4) A labeling plan to distinguish piping andappurtenances which carry or containrecycled water from those for potable water;and
(5) A description of how the distribution systemcomplies with [these rules] this chapter andthe Reuse Guidelines.
(g) The engineering report required insubsection (d), (e), or (f) plus any other submittalsshall contain sufficient information to assure thedirector that the degree of treatment and reliabilityis commensurate with the proposed use, that thedistribution and use of the recycled water will notcreate a health hazard or nuisance, and that thedirector is able to make decisions in accordance withsubsection (b).
(h) For recycled water systems that use recycledwater, the owner of the recycled water system shalloperate the system in accordance with the requirementsof this chapter and to the maximum extent practicableshall:
(1) Irrigate at a rate not greater than theplants use it;
(2) Minimize recycled water runoff and pondingon the ground;
(3) Post signs or other devices warning thepublic not to drink, swim, or otherwise comeinto contact with the recycled water;
(4) Keep the public away from the areas beingirrigated with recycled water;
(5) Clearly mark pipes, tanks, valves, andequipment used in recycled water use systemssuch that they are easily differentiatedfrom potable water systems;
(6) Provide training to employees such that theyare aware of [these rules] this chapter andany conditions the director imposed on therecycled water use system;
(7) Provide control measures to minimize vectornuisances; and
(8) Monitor groundwater as required by thedirector.
§11-62-27
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(i) The owners of new, proposed, or modifiedrecycled water systems, where applicable, shallprovide adequate storage basin(s) or a backup disposalsystem to prevent any overflows or discharges from thesystem when the irrigation system is not in operationor when recycled water quantities exceed theirrigation requirements.
(j) Spills, overflows, and discharges ("spills")of recycled water shall be responded to as required bysection 11-62-06[(g) and (h)] (f) and (g) and[appendix C] Appendix B, entitled Responses forWastewater Spills, Overflows, and Discharges("Spills"), dated [April 15, 1997.] July 1, 2014.
(k) For recycled water systems, the owner or theowner's duly authorized agent [shall], unlessotherwise directed, shall report the followinginformation to the director:
(1) The volume of recycled water used, thevolume of recycled water stored, the volumeand location of any recycled water spills,and details on the irrigated areas,including water budgets, precipitation,evaporation, application rates, andmonitoring of best management practices; and
(2) Reported information shall be submitted byFebruary 19 of each year and shall be in amonthly summary format for the precedingcalendar year unless otherwise specified oragreed to by the director. [Eff and comp12/09/04; am and comp ](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 substantiallyupon §11-62-25(b)(1), (b)(2), and (c). [Eff 12/10/88;am and comp 8/30/91]
§11-62-28 Additional monitoring, recordkeeping,and reporting. (a) The owners of treatment works orthe owners' duly authorized agents shall maintain
§11-62-28
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complete records of operation and maintenance,repairs, replacements, and improvements performed orinstalled at the treatment works.
(b) The monitoring results, reports, and allrecords required in sections 11-62-26 and 11-26-27,this section, and [appendix C] Appendix B, entitledResponses for Wastewater Spills, Overflows, andDischarges ("Spills"), dated [April 15, 1997,] July 1,2014, located at the end of this chapter shall be kepton site and available for the director's inspectionfor at least five years and a copy made available tothe director without charge upon the director'srequest. [Eff and comp 12/09/04; am and comp
] (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)
§11-62-31.1
62-51
SUBCHAPTER 3
INDIVIDUAL WASTEWATER SYSTEMS
§11-62-31 REPEALED [R 8/30/91]
§11-62-31.1 General requirements for individualwastewater systems. (a) Individual wastewatersystems may be used as a temporary on-site means ofwastewater disposal in lieu of wastewater treatmentworks under the following conditions:
(1) Developments involving dwellings.(A) There shall be 10,000 square feet of
land area for each individualwastewater system;
(B) Total development of an area shall notexceed [fifty] fifteen single familyresidential lots or exceed [fifty]fifteen dwelling units [, except fordevelopments consisting of one dwellingunit per acre or greater;].
(C) Area of the lot shall not be less than10,000 square feet, except for lotscreated and recorded before August 30,1991. For lots less than 10,000 squarefeet which were created and recordedbefore August 30, 1991, only oneindividual wastewater system shall beallowed.
(D) The total wastewater flow into oneindividual wastewater system shall notexceed one thousand gallons, and oneindividual wastewater system shall notserve more than five bedrooms, whetherthey are in one dwelling unit or two.
(2) Developments involving buildings other thandwellings.(A) There shall be 10,000 square feet of
usable land area for each individualwastewater system. Usable land areashall not include the area underbuildings;
§11-62-31.1
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(B) The total wastewater flow of thedevelopment shall not exceed 15,000gallons per day;
(C) Area of the lot shall not be less than10,000 square feet except for lotscreated and recorded before August 30,1991. For lots less than 10,000 squarefeet which were created and recordedbefore August 30, 1991, only oneindividual wastewater system shall beallowed; and
(D) The total wastewater flow into eachindividual wastewater system shall notexceed one thousand gallons per day.
(b) Whenever an individual wastewater system isallowed under subsection (a), the following shallapply:
(1) The director may allow an individualwastewater system other than a cesspool tobe used for two dwelling units which may ormay not be located within the same building;provided[:] that:(A) Both of the dwelling units are located
on the same single family residentiallot; and
(B) The individual wastewater system usedshall meet the current requirements ofthis chapter.
(2) A building may use more than one individualwastewater system where each individualwastewater system shall connect to a singledwelling unit[;].
(3) For buildings without any dwelling units:(A) More than one individual wastewater
system may be used provided that thebuilding is owned by one person; or
(B) Upon the director's discretion,buildings may connect to one individualwastewater system other than a cesspoolprovided the buildings are located onthe same lot and the buildings generatewastewater of similar strength andcharacter[;].
§11-62-31.1
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(4) For buildings, other than dwellings withhighly variable wastewater flow rates, suchas but not limited to schools, parks, andchurches, the individual wastewater systemexcluding cesspools may exceed a design flowrate of 1000 gallons per day; provided thatthe density does not exceed 1000 gallons perday per 10,000 square feet of useable landarea and the development is owned by oneperson.
(c) The director may require the installation of drysewers as a condition of approval of proposedindividual wastewater systems where:
(1) Public sewers exist but are at capacity suchthat connection is prohibited but remedialactions have been initiated to increase thepublic sewer capacity;
(2) Public sewers exist, but the treatment anddisposal system is not complete oroperational;
(3) Design of the public sewers has beencompleted and construction of the publicsewers is imminent; or
(4) Conditions warrant such requirements.(d) No cesspool shall be used as the wastewater
system by any new [public] building. No new cesspoolsshall be constructed after the effective date of thisrule unless they have been approved for constructionbefore the effective date of this rule.
(e) Before the approval of the operation of anindividual wastewater system excluding cesspools, thefollowing requirements shall be satisfied:
(1) An operation and maintenance manualdeveloped pursuant to section 11-62-23.1(d)(2) as applicable shall be submittedand approved by the director; and
(2) The owner of the individual wastewatersystem shall certify that the individualwastewater system shall be operated andmaintained in accordance with all of theprovisions of the operation and maintenancemanual developed pursuant to paragraph (1).The certification shall include a statementthat upon sale or transfer of ownership of
§11-62-31.1
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the individual wastewater system, the saleor transfer will include the appropriatetransfer documents and provisions bindingthe new owner to the operation andmaintenance manual.
(f) No person shall use an individual wastewatersystem until authorized in writing by the director.
(1) Written approval to use an individualwastewater system shall be issued if:(A) The owner resolves all discrepanciesrecorded as a result of any inspectionsconducted.(B) The engineer furnishes a final
inspection report to the directorwithin thirty days after the completionof the construction which provides thefollowing information:(i) A certification that the
individual wastewater system wasconstructed and installed inaccordance with the approved plansand specifications or that changesmade to the approved plans and[specification] specifications areaccepted by the engineer; and
(ii) An "as-built" plan of theindividual wastewater system; and
(2) The director may inspect the individualwastewater system or its site at any timebefore approving the system and may requireadvance notice of the engineer’s inspection.
(g) A graywater system shall be designed inaccordance with [the following criteria:
(1) Design of graywater systems for dwellingunits shall be based on a minimum graywaterflow of 150 gallons per day per bedroom.The design flow of graywater systems forbuildings other than dwellings or fromspecific graywater sources shall bedetermined on a case-by-case basis;
(2) Graywater treatment units when requiredshall be sized with no less than a 600gallon tank capacity and for graywater tanks
§11-62-31.2
62-55
shall conform to the requirements of section11-62-33.1(a);
(3) Effluent from a graywater tank may beconveyed to a sand filter, absorptiontrenches and beds, mounds or seepage pits,or used for subsurface irrigation;
(4) Graywater from a residential washing machinemay be used for subsurface irrigation; and
(5) Graywater use or disposal shall notinterfere with the operation of the otherparts of the wastewater system or any otherindividual wastewater systems.] Chapter 3-183.
(h) Each individual wastewater system shall bean independent system and shall have all of itsplumbing, treatment (if any), and disposal componentsseparate from any other wastewater system.
(i) Wastewater into an individual wastewatersystem from buildings other than dwellings shall meetthe pretreatment standards and local pollutant limitsas set by the respective county. If the county doesnot have any local pollutant limits, the local limitsas set forth by the City and County of Honolulu shallbe used.] [Eff 8/30/91; am and comp 12/09/04; am andcomp ] (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-31.2 Site evaluation. (a) The siteevaluation shall be performed by the engineer.
(b) The site shall be evaluated for depth ofpermeable soil over seasonal high groundwater,bedrock, or other limiting layer, soil factors, landslope, flooding hazard, and amount of suitable areaavailable.
(c) The minimum depth of the soil profileobservation shall be at least five feet. If theengineer performs a preliminary observation at threefeet, the engineer shall confirm the soil profile tofive feet at the time of construction.
(d) The following factors shall be evaluated andreported for a depth of at least three feet below theproposed absorption system:
§11-62-31.2
62-56
(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[, etc].(e) Percolation tests.(1) Soil percolation tests shall be conducted at
a minimum depth of three feet. If at thetime of construction, the soil profile atfive feet is different than at three feet,another percolation test shall be performedat the depth of the bottom of the absorptionsystem;
(2) Percolation tests shall follow the fallinghead test procedure in [appendix D,]Appendix C, entitled Falling Head TestProcedure, dated [April 15, 1997,] July 1,2014, located at the end of this chapter;and
(3) Additional percolation tests may be requiredto identify the existence of a limitinglayer.
(f) The site evaluation information shall bereported on forms developed by the director.
(g) If, during construction the actual siteconditions differ from the site conditions upon whichthe wastewater system was approved, the designengineer shall revise the wastewater plans to reflectthe actual site conditions. The plans of the revisedwastewater system shall be submitted to the directorfor approval pursuant to section 11-62-31.1(f). [Eff8/30/91, am and comp 12/09/04; am and comp
] (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5, 342D-50)
§11-62-33.1
62-57
§11-62-32 Spacing of individual wastewatersystems. No individual wastewater system shall belocated at any point having less than the minimumdistances indicated in Table II attached to thischapter in [appendix F,] Appendix D, entitled Tables,dated [April 15, 1997] July 1, 2014, and located atthe end of this chapter unless otherwise approved bythe director. The minimum distances indicated inTable II shall be measured from the outer edge of eachitem. [Eff 12/10/88, am 8/30/91; am and comp12/09/04; am and comp ] (Auth: HRS§§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-33.1 Specific requirements for new andproposed treatment units. (a) Septic tank.
(1) All wastewater shall discharge into theseptic tank. Roof, footing, garage, surfacewater drainage, cooling water, and graywaterdisposed of in accordance with section 11-62-31.1(g)(4) shall be excluded.
(2) Septic tanks shall meet the InternationalAssociation of Plumbing and MechanicalOfficials (IAPMO) material and propertystandards for prefabricated septic tanks,IAPMO [PS 1-93.] ANSI Z1000-2013. Septictanks shall be approved and listed by IAPMO.
[(3) Septic tanks which currently meet therequirements of the Ten States Standards andare being distributed in the State shallcomply with paragraph (2) within two yearsafter the effective date of this rule.
(4)](3) Plans for cast-in-place septic tanksshall be submitted with the application forthe individual wastewater system. The plansfor the septic tank shall be designed andstamped by a licensed structural engineerand shall meet the IAPMO designspecifications.
§11-62-33.1
62-58
[(5)](4) The following schedule shall apply toseptic tank sizing:No. of Bedrooms Minimum Capacity
(Gallons)4 or less 1000
5 1250(5) For wastewater flows greater than 1,000
gallons or five bedrooms, the formulaQ(flow)= 1,000 + (Q-800) x 1.25 shall beused.
(6) Concrete septic tanks shall be coatedto protect the tank from leakage andcorrosion by acceptable means. The coatingshall cover the entire tank interior.
(7) Manholes or removable covers to [the]septictanks shall be [extended to within twelveinches of the finished grade. If themanhole or removable cover is brought tograde, it shall be secured from unwantedentry. If the manhole or removable coverdoes not extend to the finished grade, apermanent inspection port with a minimumdiameter of six inches expanding through thecover shall be brought to the finished gradeand fitted with a screw type cap. Theinspection port shall be located such thatthe downward projection of the inspectionport clears the inlet and outlet devices bynot less than two inches.] brought to grade.The cover shall be secured to preventunauthorized entry or opening of the tank.
(8) When septic tanks are installed in groundwater or in clay soils with an expansivenature, the engineer shall design or provideadequate protection to prevent the tank fromfloating, moving, or crushing.
(9) The excavation to receive the tank shall belarge enough to permit the proper placementof the tank and backfill. Tanks shall beinstalled on a solid base that will notsettle and shall be level. Where rock orother undesirable protruding obstructionsare encountered, the bottom of the holeshall be excavated a.0n additional six
§11-62-33.1
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inches and backfilled with sand, crushedstone, or gravel to the proper grade.Backfill around and over the septic tankshall be placed in such a manner as toprevent undue strain or damage to the tankor connected pipes.
(10) When a septic tank is installed under adriveway, parking lot, in a heavy saturatedsoil, or other areas subject to heavy loads,the tank shall be capable of withstanding anH-20 wheel load as defined by the AmericanAssociation of State Highway Officials.
(11) Effluent from a septic tank shall bedischarged into a soil absorption system,sand filter, subsurface irrigation system asapproved by the director, or other treatmentunit [permitted] approved for use by thedirector.
(b) Household aerobic units.(1) All wastewater shall discharge into the
household aerobic unit. Roof, footing,garage, surface water drainage, and coolingwater [, and graywater disposed of inaccordance with section 11-62-31.1(g)(4)shall be excluded].
(2) Household aerobic units shall be approved bythe director based upon the "Standard No.40" for Class I units as set forth by theNational Sanitation Foundation. Theperformance data shall have been obtained byan agency such as a university or anindependent research laboratory acceptableto the director or from the NationalSanitation Foundation (NSF) TestingLaboratory, Ann Arbor, Michigan.
(3) Owners of proposed and existing householdaerobic units shall have an active servicecontract for the proper maintenance of theaerobic unit[.] and its disposal system witha certified operator or factory certifiedrepresentative. The contract shall alsoinclude pumping service to maintain thehousehold aerobic unit. For proposedhousehold aerobic units, a copy of an
§11-62-33.1
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executed service contract shall be submittedprior to the final approval of theindividual wastewater system and a copy ofan active service contract shall beresubmitted annually to the department.
(4) As a minimum, the aerobic treatment unitservice contract shall include the term ofcontract period (start and enddates) and the following requirements:(A) Inspect all aerobic treatment unitequipment to ensure its proper operation atleast every six (6) months;(B) Provide regular maintenance of
equipment as required by themanufacturer;
(C) Verify the aerobic treatment unit isproviding adequate mixing and aerationof the microbes;
(D) Measure the depth or volume of sludgein the aerobic treatment unit every sixmonths, and assess whether sludgeremoval by pumping is necessary.Provide sludge pumping, as needed. Ifpumping is necessary, record the depthof sludge or percentage of sludgevolume in the ATU prior to pumping; and
(E) Maintain a log of all service provided.
[(4)](5) Effluent from an aerobic unit shall bedischarged into a soil absorption system,sand filter, subsurface irrigation system asapproved by the director, or other treatmentunit or disposal system [permitted] approvedfor use by the director.
[(5)](6) In areas below (makai of) theUnderground Injection Control Lineestablished pursuant to chapter 11-23, a newhousehold aerobic unit may discharge itseffluent [directly into the groundwaterprovided the effluent is disinfected.] intoan elevated mound or drip irrigation systemor, with a variance approved by the directorand if the effluent is disinfected, to aseepage pit.
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(c) Subsurface and recirculating sand filtersshall be reviewed on a case-by-case basis by thedirector. [Eff 8/30/91; am and comp 12/09/04; am andcomp ] (Auth: HRS §§321-11,342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5, 342D-50)
§11-62-34 Specific requirements for new andproposed disposal systems. (a) Absorption trenches.
(1) Location.(A) Absorption trenches shall be located in
accordance with section 11-62-32.(B) Absorption trenches shall not be
constructed in soils with a percolationrate slower than sixty minutes per inchor where rapid percolation may resultin contamination of water-bearingformations or surface waters.
(C) Absorption trenches shall be located onthe property to maximize the verticalseparation distance from the bottom ofthe absorption trench to the seasonalhigh groundwater level, bedrock, orother limiting layer, but under nocircumstance shall the verticalseparation be less than three feet.The director may require a greatervertical separation where water-bearingformations are in danger ofcontamination.
(D) Absorption trenches shall not beconstructed in unstabilized fill.
(2) Design.(A) The minimum absorption area for any
absorption trench system shall be basedupon a flow of 200 gallons per bedroomper day and in accordance with TableIII located in Appendix [F,] D,entitled Tables, dated [April 15, 1997]July 1, 2014, and located at the end ofthis chapter.
§11-62-34
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(B) The absorption area shall be computedusing the bottom area of the absorptiontrench.
(C) Each absorption trench system shallhave a minimum of two trenches.
(D) Each distribution line shall be equalin length.
(E) The maximum length of any one trenchshall be one hundred feet.
(F) Absorption trenches shall be at leasteighteen inches wide but no more thanthirty-six inches wide.
(G) The bottom of absorption trenches shallbe at least eighteen inches below thefinished grade.
(H) Gravity fed absorption lines andtrenches shall have a slope at the rateof two to four inches per hundred feet.
(I) Absorption trenches shall not beinstalled on land with a slope gradientgreater than twelve per cent.
(J) On rolling or sloping land, eachabsorption trench shall approximate theland surface contour.
(K) A distribution box or header shall beinstalled between the treatment unitand the absorption trenches.
(L) Each distribution line shall connectindividually to the distribution box.
(M) If a header is used, there shall be anequal number of distribution lines oneach side of the influent junction. Aninspection port shall be provided onthe header and shall be brought tograde and fitted with a screw type capor cover.
(N) If a distribution box is used, apermanent inspection port with aminimum interior diameter of six inchesshall be secured to the box cover,brought to the finished grade, andfitted with a screw type cap or cover.
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(3) Materials.(A) The engineer shall be responsible for
the choice of materials used in thesoil absorption system.
(B) Pipe used for distribution lines shallmeet the appropriate ASTM standard orthose of an equivalent testinglaboratory. Fittings used in theabsorption system shall be compatiblewith the materials used in thedistribution lines.
(C) Gravel or crushed stone shall be washedand shall range in size from three-fourths to two and one-half inches.
(D) The material used to cover the top ofthe stone shall be a filter fabricmaterial or equal.
(4) Construction.(A) A distribution box or header shall be
set level and arranged so that effluentis evenly distributed to eachdistribution line. Adequate provisionsshall be taken to assure stability andprovide access for inspection of thedistribution lines.
(B) The pipe connecting the distributionbox to the distribution line shall beof a tight joint construction laid onundisturbed earth or properly beddedthroughout its length.
(C) If a header is used, it should be madeof water-tight construction.
(D) When the trenches have been excavated,the sides and bottom shall be raked toscarify any smeared soil surfaces.Construction equipment and othermaterials not needed to construct thesystem should be kept off the area tobe used for the absorption system toprevent undesirable compaction of thesoils. Construction shall not beinitiated when the soil moisture ishigh.
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(E) At least six inches of gravel orcrushed stone shall be placed in thebottom of the trench.
(F) The distribution line shall becarefully placed on the bedding at auniform slope and covered with at leasttwo inches of gravel or stone.
(G) The ends of the distribution linesshall be capped or plugged.
(b) Deep absorption trenches. Deep absorptiontrenches may be considered where the depth of suitablesoil is insufficient to permit the installation of aconventional trench system due to the presence of alimiting layer more than two feet in depth whichoverlies suitable soils of sufficient thickness.Requirements for location, design, slope, material,construction, and dosing system design contained insubsection (a) shall apply to deep absorption trenchesexcept for depth of construction. In addition, thefollowing design considerations shall apply:
(1) The site evaluation procedure shall includesoil profile observations of at least threesoil observation pits constructed to aminimum depth of three feet below theproposed trench bottom. Monitoring toestablish depth to seasonal soil saturationor high groundwater may be considered;
(2) Deep absorption trenches shall beconstructed at least one foot into thesuitable soil; and
(3) The distribution piping in deep absorptiontrenches shall be installed with the invertof the piping at a depth of not more thanthirty inches. Gravel or crushed stoneshall be placed from the bottom of thetrench excavation to a point two inchesabove the top of the distribution piping.
(c) Absorption beds.(1) Location.
(A) Absorption beds shall be located inaccordance with section 11-62-32.
(B) Absorption beds shall not beconstructed in soils with a percolationrate slower than sixty minutes per inch
§11-62-34
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or where rapid percolation may resultin contamination of water-bearingformations or surface waters.
(C) Absorption beds shall be located on theproperty to maximize the verticalseparation distance from the bottom ofthe absorption bed to the seasonal highgroundwater level, bedrock, or otherlimiting layer, but under nocircumstance shall the verticalseparation be less than three feet.The director may require a greatervertical separation where water-bearingformations are in danger ofcontamination.
(D) Absorption beds shall not beconstructed in unstabilized fill.
(2) Design.(A) The minimum area for any absorption bed
system shall be based upon a flow of200 gallons per bedroom per day and inaccordance with Appendix D, Table IIIdated [April 15, 1997] July 1, 2014 andlocated at the end of this chapter.
(B) The absorption area shall be computedusing the bottom area of the absorptionbed.
(C) Each soil absorption bed system shallhave a minimum of two distributionlines.
(D) If more than one absorption bed isdesigned, each absorption bed shall beequal in area.
(E) The maximum length of any distributionline shall be one hundred feet.
(F) Distribution lines within an absorptionbed shall be uniformly spaced no morethan six nor less than four feet apart.
(G) Distribution lines within an absorptionbed shall be placed no more than threefeet nor less than eighteen inches fromthe sidewall of the bed.
§11-62-34
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(H) The bottom of absorption beds shall beat least eighteen inches below thefinished grade.
(I) Absorption beds shall not be installedon land with a slope gradient greaterthan eight per cent.
(J) A distribution box or header shall beinstalled between the treatment unitand the absorption bed.
(K) Each distribution line shall connectindividually to the distribution box.
(L) If a header is used, there shall be anequal number of distribution lines oneach side of the influent junction. Aninspection port shall be provided onthe header and shall be brought tograde and fitted with a screw type cap.
(M) If a distribution box is used, apermanent inspection port with aminimum interior diameter of six inchesshall be secured to the box cover,brought to the finished grade, andfitted with a screw type cap or cover.
(3) Materials.(A) The engineer shall be responsible for
the choice of materials used in thesoil absorption system.
(B) Pipe used for distribution lines shallmeet the appropriate ASTM standard orthose of an equivalent testinglaboratory. Fittings used in theabsorption system shall be compatiblewith the materials used in thedistribution lines.
(C) Gravel or crushed stone shall be washedand shall range in size from three-fourths to two and one-half inches.
(D) The material used to cover the top ofthe stone shall be a filter fabricmaterial or equal.
(4) Construction.(A) The floor of the absorption bed shall
be level.
§11-62-34
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(B) A distribution box or header shall beset level and arranged so that effluentis evenly distributed to eachdistribution line. Adequate provisionsshall be taken to [assure] ensurestability and provide access forinspection of the distribution lines.
(C) The pipe connecting the distributionbox to the distribution line shall beof a tight joint construction laid onundisturbed earth or properly beddedthroughout its length.
(D) If a header is used, it should be madeof watertight construction.
(E) When the beds have been excavated, thesides and bottom shall be raked toscarify any smeared soil surfaces.Construction equipment and othermaterials not needed to construct thesystem should be kept off the area tobe used for the absorption system toprevent undesirable compaction of thesoils. Construction shall not beinitiated when the soil moisture ishigh.
(F) At least six inches of gravel orcrushed stone shall be placed in thebottom of the bed.
(G) The distribution line shall becarefully placed on the bedding with noslope and covered with at least twoinches of gravel or stone.
(H) The ends of the distribution linesshall be capped or plugged.
(d) Seepage pits.(1) Location.
(A) Seepage pits shall be located inaccordance with section 11-62-32.
(B) Seepage pits shall not be constructedin soils having a percolation rateslower than ten minutes per inch(weighted average) or where rapidpercolation through such soils may
§11-62-34
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result in contamination of water-bearing formations or surface water.
(C) The seepage pit shall be located on thelot to maximize the vertical separationdistance from the bottom of the seepagepit to the seasonal high groundwatertable, bedrock, or other limitinglayer. The vertical separation shallnot be less than three feet unlessotherwise approved by the director andthe requirements of section 11-62-33.1(b)(5) are met. Where water-bearing formations are in danger ofcontamination, greater verticalseparation 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 thantwelve per cent and the use ofabsorption beds or trenches isnot feasible.
(ii) The presence of a limiting layermore than seven feet in depthwhich overlies suitable soils ofsufficient thickness.
(iii) Insufficient land area exists toinstall absorption trenches orbeds.
(B) The minimum area in any seepage pitshall be based upon a flow of 200gallons per bedroom per day and inaccordance with Appendix D, Table IIIdated [April 15, 1997] July 1, 2014 andlocated at the end of this chapter.
(C) The surface dimension is measured asthe mean distance of the clear openingbelow the inlet pipe.
(D) The minimum surface dimension is sixfeet.
(E) The effective depth of the seepage pitshall be measured from the bottom ofthe inlet pipe to the bottom of the
§11-62-34
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pit, with the thickness of strata ofsoils having percolation rates slowerthan thirty minutes per inch deducted.
(F) The minimum effective depth is ten feetand shall be greater than its widestsurface dimension.
(G) The effective area of the seepage pitshall be the vertical wall area of theareas corresponding to the effectivedepth of the pit excavation. Noallowance shall be made for the bottomarea.
(H) When more than one seepage pit is used,a distribution box shall be installedbetween the treatment unit and allseepage pits. Each seepage pit shallindividually connect to thedistribution box.
(I) When more than one seepage pit is used,each pit shall have an equal effectivearea.
(J) If a distribution box is used, apermanent inspection port with aminimum interior diameter of six inchesshall be secured to the box cover,brought to the finished grade, andfitted with a screw type cap or cover.
(3) Construction.(A) Seepage pits shall include a sidewall
lining constructed of durable materialthat will permit free passage ofwastewater without excessive pluggingwhile still excluding the entry ofsurrounding soil.
(B) Seepage pits shall include a coverwhich extends at least twelve inchesbeyond the seepage pit excavation[.],unless a concrete ring is used.
(C) The lining and cover of any seepage pitshall be capable of supporting thenormal loads imposed. The engineershall submit written justification forthe deletion of any sidewall lining.
§11-62-34
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(D) The distance between the outer diameterof the lining and the excavationdiameter shall be at least six inches,but not more than twelve inches. Thespace between lining and the excavationdiameter shall be filled with washedgravel or crushed stone ranging in sizefrom three-fourths to two and one-halfinches. The placement of the gravel orstone shall fill the annular spacebetween the pit lining and excavationdiameter. Gravel and stone shall notbe placed within the seepage pititself.
(E) The watertight cover shall be providedand at least one watertight manholeeither round or square, tapered to aminimum of twelve inches in dimensionshall be provided in the cover forinspection or for emptying the contentswhen required.
(F) The top of the seepage pit shall bewithin twelve inches of the finalgrade.
(G) If the cover of the seepage pit doesnot extend to the finished grade, apermanent inspection port with aminimum diameter of [six] twelve inchesexpanding through and secured to thecover shall be brought to the finishedgrade and fitted with a screw type capor cover.
(H) The distribution box shall be set levelso that the effluent is evenlydistributed to each seepage pit.
(I) The distribution box shall connect toeach seepage pit with pipe ofwatertight construction at least sixinches in diameter, and sloped at leastone-eighth inch per foot.
(J) The material used to cover the top ofthe stone or gravel surrounding thelining shall be a filter fabricmaterial or equal.
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(e) Elevated mound system. Elevated moundsystems shall be reviewed on a case-by-case basis.
(f) Other disposal systems.(1) Soil replacement system.
(A) Soil replacement systems shall be usedfor sites with the following soilslayers 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 perinch that occur within the upperfive feet of the soil andunderlain by more permeablesoils. Installation guidelinesshall comply with therequirements of very highpermeability soils ofsubparagraph (B); or
(iii) Fractured lava.(B) Trenches may be excavated up to thirty-
six inches in width to depths not toexceed five feet below grade nor closerthan three feet to seasonal highgroundwater level, provided anygroundwater mounding induced bywastewater does not rise closer thanone foot from the bottom of theexcavation and bedrock is at leastthree feet below the bottom of theexcavation.
(C) Soil replacement absorption trenchesand beds shall follow the applicableprovisions of subsections (a), (b), and(c).
(2) Evapotranspiration systems shall be reviewedon a case-by-case basis by the director.The director shall use the provisions ofsection 7.3.2 of the October 1980 edition ofthe EPA Design Manual on Onsite WastewaterTreatment and Disposal Systems as a guidefor the review of evapotranspirationsystems.
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(3) Gravelless systems.(A) Gravelless soil absorption systems may
be used as an alternative to soilabsorption systems as specified insubsections (a) and (b), except forsections 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, materialspecifications, and other pertinentdata shall be submitted to thedirector.
(C) The total area of the soil absorptionsystem for the gravelless system shallbe the same as specified in subsections(a), (b), and (c), except for chamberedsystem where the director may approveof a reduction factor as deemedappropriate.
(D) If chambered systems are used, thechamber units shall be [place] placedup against the sidewall of theexcavation. In absorption beds, theadjacent chambers shall abut oneanother.
(E) The use of filter fabric, unlessspecified by the director, shall followthe manufacturer's recommendation.[Eff 8/30/91; am and comp 12/09/04; amand comp ] (Auth: HRS§§321-11, 342D-4, 342D-5) (Imp: HRS§§321-11, 322-1 to 322-4, 322-8,342D-2, 342D-4, 342D-5, 342D-50)
§11-62-35 Other individual wastewater systems.(a) The specific design requirements for compostingtoilets, incinerator toilets, natural systems, andother individual wastewater systems not specificallycovered in this [rule] chapter shall be reviewed andapproved by the director on a case-by-case basis.Solids generated from such products that are land
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applied must meet the requirements of subchapter 4.Such products, if sold in Hawaii, shall be approved bythe director based on appropriate testing proceduresand standards as set forth by the National SanitationFoundation (NSF) Testing Laboratory, Ann Arbor,Michigan. The performance data shall be obtained byan agency such as [an] a university or an independentresearch laboratory acceptable to the director or fromthe NSF.
(b) The director may approve an innovativewastewater system based on the following conditions:
(1) The innovative system provides or mayprovide a benefit to the people of theState;
(2) The owner of the innovative system shallagree that for a period of up to twelvemonths after the initiation of the operationof the innovative system, operational datashall be gathered and submitted to thedirector; and
(3) The owner shall submit a written agreementstating that should the director at any timefind the operation of the innovative systemunsatisfactory, the owner shall promptlyrepair or modify the system, or replace itwith another acceptable system. [Eff8/30/91; am and comp 12/09/04; am and comp
] (Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11,322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50)
§11-62-36 Cesspools. (a) No new cesspoolsshall be [construction without the approval of thedirector. Approved cesspools shall be constructed inareas designated by the director after the effectivedate of this rule.] constructed after the effectivedate of this rule unless they have been approved forconstruction before the effective date of this rule.
[(b) Design.(1) The inlet pipe shall be at least ten feet
above the bottom of the cesspool and thereshall be at least three feet of suitable
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soil from the bottom of the cesspool to thehighest known level of the groundwatertable. The ultimate depth required shall bedetermined by the engineer based on actualsoil materials encountered on the site or onthe record of experience with theperformance of cesspools in the area.
(2) The inlet pipe shall be at least one andone-half feet below the finished groundsurface.
(3) Each cesspool shall have a clear opening ofat least six feet in diameter.
(4) Cesspools shall include a sidewall liningconstructed of durable material that willpermit free passage of wastewater withoutexcessive plugging while still excluding theentry of surrounding soil. The sidewalllining of any cesspool shall be capable ofsupporting the normal loads imposed. Theengineer shall submit justification for thedeletion of any sidewall lining. Thedistance between the outer diameter of thelining and the excavation diameter shall beat least six inches, but not more thantwelve inches. The space between outerlining and the excavation diameter shall befilled with gravel or crushed stone rangingin size from three-fourths to two and one-half inches. The placement of the gravel orstone shall fill the annular space betweenthe pit lining and the excavation diameter.Gravel and stone shall not be placed withinthe cesspool itself.
(5) A structurally sound reinforced concretecover shall be provided. The cover shallprotrude at least twelve inches beyond theperimeter of the cesspool and resting onfirm ground with substantially stablesidewalls. At least one watertight manholewith a minimum dimension of twelve inchesshall be provided in the cover forinspection or for emptying of the contentswhen required. The top of each cover shall
§11-62-37
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be at least twelve inches below the finishedground surface. If the cover does notextend to the finished grade, a permanentinspection port with a minimum diameter ofsix inches expanding through and secured tothe cover shall be brought to the finishedgrade and be provided with a screw type capor cover.
(c) Location. The cesspool shall be located inaccordance with section 11-62-32.
(d) If the cesspool was approved to constructprior to the effective date of this chapter, thedesign engineer shall perform a final inspection andsubmit a new cesspool card to the director withinthirty days after the completion of the constructioncertifying that the cesspool was constructed inaccordance with the requirements in this section.(e)] b The director may require a cesspool card froman owner whose cesspool has no cesspool card on filewith the department. An existing cesspool card shallbe completed and signed by a licensed engineer,contractor, plumber, or architect. [Eff and comp12/09/04; am and comp ] (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)
§11-62-37 Application for and review of buildingpermits and individual wastewater systems. (a) Thedirector shall review all individual wastewatersystems before [signing] the director signs anyrelated county building permit application.
(b) The application to construct a newindividual wastewater system or to modify an existingindividual wastewater system shall be made by theapplicant on forms furnished by the director. Theapplication at a minimum shall contain the followinginformation:
(1) Name of the owner of the individualwastewater system;
(2) The location of the individual wastewatersystem, including a location map, plot plan,
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street address, and tax map key number;[and]
(3) The type and size of treatment unit anddisposal system[.];
(4) Certification by the engineer that theindividual wastewater system has beendesigned in accordance with sections 11-62-31.1 through 11-62-41; and
(5) Certification by the engineer that a finalinspection report will be submitted to thedirector in accordance with section 11-62-31.1(f)(1)(B).
(c) Every applicant for an individual wastewatersystem shall pay a filing fee in accordance with theschedule of this subsection. The filing fee shall besubmitted with the individual wastewater systemapplication and shall not be refunded nor applied toany subsequent individual wastewater systemapplication. Fees shall be made payable to the Stateof Hawaii.
(1) New individual wastewater system, newtreatment unit or new disposal system -$100; and
(2) Addition or modification to an approved orexisting individual wastewater system orpart thereof - $25. [Eff and comp 12/09/04;am and comp ] (Auth: HRS§§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4,342D-5, 342D-6, 342D-13, 342D-50)
§§11-62-38 to 11-62-39 (Reserved)
§11-62-41
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SUBCHAPTER 4
WASTEWATER SLUDGE USE AND DISPOSAL
§11-62-41 General requirements and prohibition.(a) No person shall generate, treat, prepare, store,haul, apply, place, use, or dispose of wastewatersludge except:
(1) In compliance with:(A) A permit or department approval for use
of an individual wastewater systemobtained under this chapter;
[(B) General permit coverage under thischapter;
(C)](B) A registration under this chapter;or
[(D)](C) An exemption from permitting orregistration provided by section 11-62-50.
(2) In a municipal solid waste landfill unitwhich is in compliance with the sludgerelated conditions in a permit issued underchapter 11-58.1:(A) Where that permit was issued following
public participation procedures atleast as open to the public as thosespecified in subchapter 5; and
(B) Incorporates the requirements of 40 CFRPart 258.
(3) By incineration in a facility in compliancewith the requirements of 40 CFR Part 503,Subpart E, Incineration, and 40 CFR §503.8,Sampling and analysis, and §503.9, Generaldefinitions;
(4) In a facility in compliance with the sludgerelated conditions in a National PollutantDischarge Elimination System (NPDES) permitissued under chapter 11-55 or issued by theU.S. EPA, where that permit includes orincorporates the requirements of 40 CFR Part
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503, Subpart B, Land Application, Subpart C,Surface Disposal, Subpart D, Pathogens andVector Attraction Reduction, and 40 CFR§503.8, Sampling and analysis, and §503.9,General definitions and any applicablerequirements of this chapter;
(5) For hauling, by a county, state, or federalagency, or by a person or an operationregistered under [§] section 11-62-50(b)(4);or
(6) As otherwise authorized in writing by thedirector.
(b) Direct enforceability. No person shallgenerate, treat, prepare, store, haul, apply, place,use, or dispose of wastewater sludge except incompliance with the requirements of this chapter andall applicable federal rules, whether or not a permithas been issued, general permit coverage has beenobtained, or registration has been made.
(c) Exclusion. This chapter does not apply tooperations and facilities involved with thecollection, handling, storage, treatment, use,disposal, or transportation of the following:
(1) Wastewater sludge co-fired in an incineratorwith other wastes or incinerators in whichthe wastewater sludge and other wastes areco-fired;
(2) Wastewater sludge generated at an industrialfacility during the treatment of industrialwastewater, including wastewater sludgegenerated during the treatment of industrialwastewater combined with domesticwastewater;
(3) Wastewater sludge determined to be hazardousunder state rule or federal regulation;
(4) Wastewater sludge containing polychlorinatedbiphenyls (PCBs) equal to or greater than 50milligrams per kilogram of total solids (dryweight basis);
(5) Incinerator ash generated during the firingof wastewater sludge in a wastewater sludgeincinerator;
(6) Grit and screenings;(7) Drinking water treatment sludge; and
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(8) Commercial and industrial septage thatcontains no domestic wastewater. [Eff and
comp 12/09/04; am and comp ] (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)
§11-62-41.1 Relation to federal law. (a) Thischapter shall be interpreted and applied so that it isat least as stringent as 40 CFR Part 503 and so thatthe department's sludge management program complieswith 40 CFR Part 501.
(b) No wastewater sludge generation, treatment,preparation, storage, hauling, application, placement,use, or disposal shall be conducted unless allowed bythis chapter, even if allowed under 40 CFR Part 503.
(c) References to the Code of FederalRegulations (CFR) are to the July 1, 1999 version, andreferences to specific sections or subparts of the CFRincorporate those regulations and make them part ofthis chapter, whether or not the word incorporate isspecifically used, unless otherwise specificallystated.
(d) Special definitions. For the purposes ofthis chapter, when used in 40 CFR Part 503:
"Municipal solid waste landfill unit" has thesame meaning as defined in 40 CFR Part 258.
"Permitting authority" means the director."Sewage" means wastewater.(e) No permit shall be issued when the [U.S.]
United States Environmental Protection AgencyAdministrator for Region IX has objected in writingunder 40 CFR §123.44. [Eff and comp 12/09/04; am andcomp ] (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)
§11-62-42
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§11-62-42 Land application of exceptionalquality wastewater sludge. (a) Exceptional qualitywastewater sludge shall meet the following criteria ata minimum:
(1) Pollutant limits. No pollutantconcentration shall exceed the ceilinglimits in Appendix D, Table IV.
(2) Pathogens. The Class A pathogenrequirements in section 11-62-46(a) shall bemet.
(3)_ Vectors. One of the vector attractionreduction requirements in 40 CFR§503.33(b)(1) through (8) shall be met.
(b) Monitoring. Exceptional quality wastewatersludge shall be monitored by the preparer at least asoften as required by 40 CFR § 503.16(a). Referencesin §503.16(a) to federal pollutant limit tables arereplaced with Appendix D, Table IV dated [April 15,1997] July 1, 2014 and located at the end of thischapter. To determine compliance with section 11-62-42(a)(2), wastewater sludge shall be monitored notmore than sixty days before land application or beingbagged for distribution unless otherwise specified bythe director. The director may also specify moremonitoring, to better protect human health or theenvironment.
(c) Recordkeeping.(1) The preparer of exceptional quality
wastewater sludge that is applied to theland shall meet the requirements of 40 CFR§503.17(a)(1), except the certificationrequirement there;
(2) The preparer shall sign completecertification form, form A, entitledCertification Form - Land Application, dated[April 15, 1997] July 1, 2014, and locatedat the end of this chapter, in Appendix E,items 1, 2.a, and 3.a, and retain the formfor five years; and
(3) The preparer shall develop and retaininformation for five years on the volume ofwastewater sludge bagged, distributed, orland applied.
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(d) Reporting. The test results and recordsrequired in subsections (b) and (c) shall be kept onsite and unless otherwise specified, copies shall besubmitted to the director on February 19 of each year.
(e) The exceptional quality sludge shall beapplied to the land at a rate that is less than tendry tons per acre and equal to or less than theagronomic rate.
(1) The preparer shall provide to each landapplier a fact sheet which contains thenitrogen, phosphorus, and potassiumconcentrations of the wastewater sludge; and
(2) When the wastewater sludge is applied inbulk to agricultural land, forest, a publiccontact site, or a reclamation site, thedirector may require a nutrient balance tobe submitted prior to the application to theland. [Eff and comp 12/09/04; comp
] (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))
§11-62-43 Land application of other thanexceptional quality wastewater sludge, to agriculturalland, forest, public contact site, or reclamationsite. (a) No person shall apply non-exceptionalquality wastewater sludge to land unless the land isagricultural land, forest, a public contact site, or areclamation site, and all the requirements of thissection are met.
(b) Pollutant limits. Non-exceptionalquality wastewater sludge shall not be land applied ifthe concentration of any pollutant in the wastewatersludge exceeds the ceiling limits in Appendix D, TableIV dated [April 15, 1997] July 1, 2014, and located atthe end of this chapter.
(c) Pathogens. The Class A pathogenrequirements in section 11-62-46(a) or the Class Bpathogen requirements in 40 CFR §503.32(b) shall bemet for non-exceptional quality wastewater sludge.
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(d) Vectors. One of the vector attractionreduction requirements in 40 CFR §503.33(b)(1) through(10) shall be met for non-exceptional qualitywastewater sludge.
(1) The preparer shall meet one of therequirements of 40 CFR §503.33(b)(1) through(8); or
(2) The applier shall meet one of therequirements of 40 CFR §503.33(b)(9) or(10).
(e) Notice. The preparer of the non-exceptionalquality wastewater sludge shall inform in writing tothe land applier and the owner of the land applicationsite of:
(1) The vector attraction reduction requirementsof 40 CFR §503.33(b)(9) and (10), if thepreparer did not use or meet any of therequirements of 40 CFR §503.33(b)(1) through(8);
(2) The spacing and site restrictions insubsection (g);
(3) The management requirements of subsection(h); and
(4) The concentration of total nitrogen (as N ona dry weight basis).
(f) Monitoring. Non-exceptional qualitywastewater sludge shall be monitored at least as oftenas required by 40 CFR § 503.16(a). References in§503.16(a) to federal pollutant limit tables arereplaced with Appendix D, Table IV dated [April 15,1997,] July 1, 2014, and located at the end of thischapter. To determine compliance with section 11-62-43(c), wastewater sludge shall be monitored not morethan sixty days before land application unlessotherwise specified by the director. The director mayalso specify more monitoring, to better protect humanhealth or the environment.
(g) Spacing and site restrictions for non-exceptional quality sludge.
(1) Horizontal distances. The land applicationof wastewater sludge shall meet the minimumhorizontal limits in Appendix D, Table VI.
(2) Vertical separation. The land applicationof wastewater sludge shall be at least five
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feet above the seasonal high groundwatertable.
(3) If the class B pathogen requirements aremet, the site restrictions in 40 CFR§503.32(b)(5) shall be met.
(h) Management practices. The managementpractices required by 40 CFR §503.14(a), (b), (d),(e)(1), and (e)(2) shall be met, and wastewater sludgeshall not be applied to the land so that either thesludge or any pollutant from the sludge enters statewaters.
(i) Recordkeeping, preparers of non-exceptionalquality wastewater sludge.
(1) The preparer of the wastewater sludge whichmeets the Class A pathogen requirements insection 11-62-48(a) shall develop and retainfor five years information on:(A) The concentration of pollutants listed
in Appendix D, Table IV dated [April15, 1997] July 1, 2014, and located atthe end of this chapter; and
(B) A description of how the pathogenrequirements in section 11-62-48(a) aremet.
(2) The preparer of wastewater sludge whichmeets the class B pathogen requirements in40 CFR §503.32(b) shall develop and retainfor five years information on:(A) The concentration of pollutants listedin Appendix D, Table IV dated [April 15,1997] July 1, 2014, and located at the endof this chapter;(B) A description of how the pathogen
requirements in 40 CFR §503.32(b) aremet; and
(C) A description of how one of the vectorattraction reduction requirements of 40CFR §503.33(b)(1) through (8) is met,when one is met.
(3) The preparer shall sign and completecertification form, form A entitledCertification Form - Land Application dated[April 15, 1997,] July 1, 2014, and locatedat the end of this chapter, in Appendix E,
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items 1, 2, and 3, and retain the form forfive years; and
(4) The preparer shall develop and retain forfive years information on the volume ofwastewater sludge prepared for landapplication, names of persons takingwastewater sludge from the facility, thedate and time the wastewater sludge wastaken, and the amount taken.
(j) Recordkeeping, appliers of non-exceptionalquality wastewater sludge to the land.
(1) The applier shall meet the informationrequirements 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 thecertification form, form A entitledCertification Form - Land Application, dated[April 15, 1997] July 1, 2014, and locatedat the end of this chapter, in Appendix E,items 4, 5, and 6, and retain the form forfive years; and
(3) The applier shall develop and retain forfive years the following information:(A) The location, including street address
and tax map key number, of the site onwhich wastewater sludge is applied;
(B) The number of acres in each site onwhich wastewater sludge is applied;
(C) The date and time the wastewater sludgeis applied to each site;
(D) The amount of wastewater sludge appliedto each site; and
(E) A nutrient balance.(k) Reporting. The test results and records
required in subsections (f), (i), and (j) shall bekept on site and unless otherwise specified copiesshall be submitted to the director on February 19 ofeach year.
(l) Notification to other states. Any personwho prepares wastewater sludge that is landapplied in another state shall providewritten notice, prior to the initial landapplication, to the permitting authority for
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the state in which the bulk in which thewastewater sludge is to be applied to theland in accordance with 40 CFR §503.12(i).[Eff and comp
12/09/04; am and comp ] (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))
§11-62-44 Land application of domestic septageto agricultural land, forest, or reclamation site.(a) No person shall apply domestic septage to landunless the land is agricultural land, forest, or areclamation site if the annual application rate (AAR)exceeds 1/0.0026 the amount of nitrogen (N) in poundsper acre per 365 day period needed by the crop orvegetation growth on the land.
NAAR = Equation (1)
0.0026
(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 domesticseptage.
(c) Vectors. One of the vector attractionreduction requirements in 40 CFR §503.33(b)(9), (10),or (12) shall be met for domestic septage. (d)
Monitoring. If either the pathogen requirementin subsection (b)(2) or vector attraction reductionrequirement in 40 CFR §503.33(b)(12) applies, eachcontainer of domestic septage shall be monitored forcompliance with those requirements. The director mayspecify more monitoring, to better protect humanhealth 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);
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(2) The applier shall develop and retain forfive years the location, including streetaddress and tax map key number, of the siteon which septage is applied; and
(3) The applier shall sign and complete thecertification form, form A entitledCertification Form - Land Application dated[April 15, 1997] July 1, 2014, and locatedat the end of this chapter, in Appendix E,items 7, 8, 9, and 10, and retain the formfor five years.
(f) Reporting. The test results and recordsrequired in subsection (e) shall be kept on site andunless otherwise specified copies shall be submittedto 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 minimumhorizontal limits in Appendix D, Table VIdated [April 15, 1997] July 1, 2014, andlocated at the end of this chapter.
(2) Vertical separation. The land applicationof domestic septage shall be at least fivefeet above the seasonal high groundwatertable.
(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 restrictionsof 40 CFR §503.32(b)(5)(i) through (iv)shall be met for domestic septage.
(h) Management practices. The managementpractices required by 40 CFR §503.14(a), (b), (d),(e)(1), and (e)(2)for wastewater sludge shall be metfor domestic septage, and domestic septage shall notbe applied to the land so that the septage or anypollutant from septage enters state waters. [Eff andcomp 12/09/04; am and comp ](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)
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§11-62-45 Surface disposal. (a) Therequirements of 40 CFR Part 503, Subpart C, SurfaceDisposal, §§503.20 through 503.28, shall be met withthe modifications and exclusions made by this section.
(b) Applicability. This section does not adoptthe exclusion in 40 CFR §503.20(c), and this sectionapplies to wastewater sludge treated on the land andland on which wastewater sludge is treated.
(c) Pollutant limits. The pollutantconcentrations of wastewater sludge, other thandomestic septage, placed on an active wastewatersludge unit without liner and leachate collectionsystem shall not exceed the limits in Appendix D,Table VII dated [April 15, 1997] July 1, 2014, andlocated at the end of this chapter. 40 CFR §503.23(a)is not adopted.
(d) Monitoring. Wastewater sludge in surfacedisposal shall be monitored at least as often asrequired by 40 CFR §503.26(a) and (c). References in§503.26(a) to federal tables are replaced withAppendix D, Table IV dated [April 15, 1997] July 1,2014, and located at the end of this chapter. Todetermine compliance with section 11-62-46, wastewatersludge shall be monitored not more than sixty daysbefore surface disposal unless otherwise specified bythe director. The director may also specify moremonitoring, to better protect human health or theenvironment.
(e) Recordkeeping. The requirements of 40 CFR§503.27(a) and the following shall be met:
(1) The preparer of the wastewater sludge shalldevelop and retain for five yearsinformation on the volume of wastewatersludge prepared for surface disposal, namesof persons taking wastewater sludge from thesite, the date and time the wastewatersludge was taken, and the amount taken;
(2) The person who places domestic septage in anactive sludge unit shall develop and retainfor five years information on the volume ofdomestic septage treated, the location ofactive wastewater sludge unit, volume ofdomestic septage placed on the activewastewater sludge unit, and the date and
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time the domestic septage was placed on theactive wastewater sludge unit; and (3) Theowner or operator of a surface disposal siteshall develop and retain for five yearsinformation on the amount of wastewatersludge disposed to the site.
(f) Reporting. The test results and recordsrequired in subsection (e) shall be kept onsite and unless otherwise specified copiesshall be submitted to the director onFebruary 19 of each year.
(g) Setbacks.(1) Horizontal distances. The surface disposal
site shall meet the minimum horizontaldistances specified in Appendix D, Table VIdated [April 15, 1997] July 1, 2014, andlocated at the end of this chapter.
(2) Vertical separation. For active wastewatersludge units without liner and leachatecollection system, there shall be a minimumof five feet separation between the bottomof the active wastewater sludge unit and theseasonal high groundwater table. [Eff andcomp 12/09/04; am and comp ](Auth: HRS §342D-4, 342D-5) (Imp: HRS§§342D-2, 342D-4, 342D-5, 342D-6, 342D-50;40 CFR Part 503, Subpart C, 40 CFR §§503.20- 503.28)
§11-62-46 Pathogens. (a) Wastewater sludge -class A. (1) The requirements of this subsectionshall be met for a wastewater sludge to be classifiedexceptional quality sludge or class A with respect topathogens.
(2) One of the class A requirements inparagraphs (3), (4), (6) or (7) shall be met, or withthe prior approval of the director paragraph (5) shallmet. The requirements in paragraphs (3) through (7)shall be met before or at the same time that thevector attraction reduction requirements in 40 CFR§503.33 are met, unless one of the vector attraction
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reduction requirements in 40 CFR §503.33(b)(6) through(8) is met.
(3) Class A - alternative 1. The requirementsof 40 CFR §503.32(a)(3) apply, except thatthe requirements of §503.32(a)(3)(i) arereplaced with those of paragraph (8).
(4) Class A - alternative 2. The requirementsof 40 CFR §503.32(a)(4) apply, except thatthe requirements of §503.32(a)(4)(i) arereplaced with those of paragraph (8).
(5) Class A - alternative 3. The requirementsof 40 CFR §503.32(a)(6) apply, except thatthe requirements of §503.32(a)(6)(i) arereplaced with those of paragraph (8).
(6) Class A - alternative 4. The requirementsof paragraph (8), and subsection (d),Process to Further Reduce Pathogens (PFRP),apply.
(7) Class A - alternative 5. The requirementsof paragraph (8) apply and, as determined bythe director, a process equivalent to one insubsection (d), Process to Further ReducePathogens (PFRP), shall be used.
(8) Pathogen density at the time the wastewatersludge is used, disposed, or prepared forsale or give away in a bag or othercontainer for land application, shall meetthe following:(i) Unless otherwise specified by the
director, seven samples shall beanalyzed; and
(ii) For each sample the fecal coliformshall be less than 1000 MPN per gram oftotal solids (dry weight basis) or foreach sample the Salmonella sp. bacteriashall be less than three MPN per fourgrams of total solids (dry weightbasis).
(b) Wastewater sludge - class B. Therequirements of 40 CFR §503.32(b) shall be met for awastewater sludge to be classified class B withrespect to pathogens.
(c) Domestic septage. The requirements of 40CFR §503.32(c) apply.
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(d) Processes to further reduce pathogens(PFRP). The requirements of 40 CFR Part 503, appendixB, Pathogen Treatment Processes, section B, Processesto Further Reduce Pathogens, apply, except for sectionB.1 which is replaced by paragraph (1).
(1) Composting.(A) Windrow. The temperature of the
wastewater sludge is maintained at 55degrees Celsius or higher for at leastfifteen consecutive days during thecomposting period. In addition, duringthe high temperature period, thewindrow must be turned at least fivetimes and turned at least once everythree days.
(B) Static aerated pile. The wastewatersludge must be maintained at operatingtemperatures of 55 degrees Celsius orgreater for three consecutive days.
(C) Within vessel method. The wastewatersludge must be maintained at operatingtemperatures of 55 degrees Celsius orgreater 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 Part503, 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 Part503, appendix B, Pathogen TreatmentProcesses, section A, Processes toSignificantly Reduce Pathogens, apply.
(1) Aerobic Digestion. See Part 503, appendixB, section A.1.
(2) Air Drying. See Part 503, appendix B,section A.2.
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(3) Anaerobic Digestion. See Part 503, appendixB, section A.3. (4) Composting.See Part 503, appendix B, section A.4.
(5) Lime Stabilization. See Part 503, appendixB, section A.5. [Eff and comp 12/09/04;comp ] (Auth: HRS §342D-4,342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Part 503, SubpartD, Appendix B, 40 CFR §503.32)
§11-62-47 Vector attraction reduction. (a)Requirements for land application and surfacedisposal.
(1) One of the vector attraction reductionrequirements in 40 CFR §503.33(b)(l) through(8) shall be met before exceptional qualitywastewater 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 andcomp 12/09/04; comp ] (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)
§11-62-48 Sampling method. Samples of wastewatersludge that is applied to the land, placed on asurface disposal site, fired in a wastewater sludgeincinerator, or disposed into a solid waste landfillor any other wastewater system shall be collected andanalyzed using the methods specified in 40 CFR §503.8.[Eff and comp 12/09/04; comp ](Auth: HRS §342D-4, 342D-5) (Imp: HRS §§342D-2,342D-4, 342D-5, 342D-6, 342D-50; 40 CFR §503.8)
§11-62-50
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SUBCHAPTER 5
WASTEWATER MANAGEMENT PERMITS AND REGISTRATION
§11-62-50 Registration and permits. (a) Ownersand operators are not required under this subchapterto register or obtain any permit coverage for their:
(1) Individual wastewater systems (e.g.,cesspools, septic tanks, and householdaerobic units);
(2) Land on which exceptional quality wastewatersludge is applied;
(3) Land application or land placementoperations involving only exceptionalquality wastewater sludge; [or]
(4) Operations, such as businesses, that haulonly exceptional quality wastewater sludge;or
(5) Non-domestic wastewater treatment works,unless [the] deemed necessary by thedirector.
(b) Owners or operators or both of the followingshall register with the department:
(1) Land on which non-exceptional quality sludgeis applied or placed, with or without thelandowner's permission;
(2) Land on which non-exceptional quality sludgeis stored for less than two years, if theland is different from the treatment workswhich generated the sludge;
(3) Land application or land placementoperations for non-exceptional qualitywastewater sludge, whether or not thewastewater sludge is applied or placed onland with the landowner's permission;
(4) Operations, such as businesses, that haulwastewater or wastewater sludge, or both,including grease haulers and cesspoolpumpers, except those operations that onlyhaul exceptional quality sludge; and
(5) Other facilities, operations, or land, ifdirected by the director.
[(c) Owners or operators or both shall obtain
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general permit coverage for their wastewatersystems not covered by section 11-62-41(a)(2) through (4) or subsection (d).
(d)](c) Owners or operators or both shallobtain an individual permit for their:
(1) Treatment works that generate wastewatersludge that is directly land applied;
(2) If different from the generator, facilitiesor operations that treat or preparewastewater sludge that is land applied orsurface disposed;
(3) Treatment works not located in the State butgenerate wastewater sludge that is directlyland applied in the State;
(4) Facilities or operations not located in theState that treat or prepare wastewatersludge that is land applied or surfacedisposed in the State;
(5) Land used for the surface disposal ofwastewater sludge; and
(6) Other facilities, operations, or land, ifdirected by the director.
(e) The department may accept and issueconsolidated registrations[, general permit coveragenotices,] and individual permits (collectively"authorizations"), and for the consolidatedauthorizations the department may charge the fee foronly the most expensive authorization. The departmentmay also charge the fees for all or some of theauthorizations. [Eff and comp 12/09/04; am and comp
] (Auth: HRS §§342D-4, 342D-5,342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6,342D-13, 342D-50; 40 CFR §§501.15, 503.3(a))
§11-62-51 Fees. (a) Registration. Everyregistrant shall pay a filing fee according to thissubsection. The filing fee shall be submitted withthe registration and shall not be refunded nor appliedto any later registration after filing or denial of aregistration. Fees shall be made payable to the Stateof Hawaii.
(1) For a new operation, facility, or land, thefee is $30;
(2) For major changes in the registration of an
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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 renewalshall pay a filing fee according to this subsection.This filing fee shall be submitted with theapplication for the permit or permit modification andshall not be refunded nor applied to any subsequentindividual after final issuance or denial. Fees shallbe made payable to the State of Hawaii.
(1) To apply for an individual permit for a newor existing operation or facility, the feeis $1000;
(2) To apply to modify an individual permit tocover a substantial alteration or additionto an operation, facility, or land, the feeis $1000;
(3) To renew an individual permit for anexisting operation or facility, the fee is$1000;
(4) To transfer ownership or to modify anindividual permit to show only a change inownership, the fee is $25; and
(5) To apply to modify an individual permit tocover a change other than those coveredabove, the fee is $100.
[(c) General permit coverage. Every personsubmitting a notice of intent to be covered by ageneral permit, or seeking modification or renewal ofsuch coverage shall pay a filing fee according to thissubsection. This filing fee shall be submitted withthe notice of intent and shall not be refunded norapplied to any subsequent general permit coverageafter final issuance or denial of general permitcoverage. The filing fee may be applied to anysubsequent individual permit if the director requiresor the person seeks an individual permit instead ofgeneral permit coverage. Fees shall be made payableto the State of Hawaii.
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(1) To submit a notice of intent for a new orexisting operation, facility, or land, thefee is $100;
(2) To submit a notice of intent to modifygeneral permit coverage to cover asubstantial alteration or addition to anoperation, facility, or land, the fee is$100;
(3) To submit a notice of intent to modifygeneral permit coverage to cover a change inthe location of the covered operation orfacility the fee is $100;
(4) To transfer ownership or to modify generalpermit coverage to show only a change inownership, the fee is $25; and
(5) To submit a notice of intent to modifygeneral permit coverage to cover a changeother than those covered above, the fee is$25.
(d)](c) Late fees. Every person who fails to submitcomplete forms for a new or renewed registration[,]ora complete application for a new or renewed individualpermit[, or a complete notice of intent for new orrenewed general permit coverage] when required by thischapter, shall pay a late fee. Fees shall be payableto the State of Hawaii. Late submission of requiredfees and registration forms, notice of intent, orindividual permit application does not excuse a personfrom liabilities for any violations due to the lack ofa required registration, individual permit or generalpermit coverage.
(1) The fee for submitting a registration formlate is $5;
[(2) The fee for submitting a notice of intentlate is $25;] and
[(3)] (2) The fee for submitting an applicationfor an individual permit late is $250.
[(e)](d) Relation to other fees. The foregoing feesare subject to section 11-62-50(e) and do not includeany public participation costs (for notices,hearings,etc.) that the would-be registrant orpermittee may be required to pay under other sections.[Eff and comp 12/09/04; am and comp ]
§11-62-52
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(Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2,342D-4, 342D-5, 342D-13, 342D-50)
§11-62-52 Signatories and certificationrequirements. (a) Unless otherwise specified, eachregistration, notice of intent, permit application,and any information required to be submitted to thedirector shall be signed and certified as required by40 CFR §122.22.
(b) Each person who knowingly makes any falsestatement, representation, or certification in anyapplication, record, report, plan, or otherdocumentation submitted or required to be maintainedunder this chapter or who knowingly falsifies, tamperswith, or renders inaccurate any monitoring device ormethod required to be maintained under this chapter issubject to the penalties and remedies in section11-62-72. [Eff and comp 12/09/04; comp ](Auth: HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS§§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Parts 122,501, 40 CFR §§122.22, §501.15(a)(4), (b)(11))
§11-62-53 Wastewater management registration.(a) Timing. Completed registrations forms requiredunder section 11-62-50 shall be submitted as follows.
(1) For existing lands, facilities, andoperations, not later than ninety days after theeffective date of this rule; and
(2) For new lands, facilities, and operations,no later than one hundred eighty days beforesuch lands, facilities, or operations areused or begin activity.
(b) Registration information and forms.Registrants shall complete and submit one original andone copy of the form(s) furnished by the director.Registrants shall provide at least the followinginformation:
(1) Activities conducted by the applicant whichrequire registration;
(2) Name, mailing address, and location of thewastewater or wastewater sludge collection,handling, storage, treatment, use, disposal,
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or transportation facility, operation, orland;
(3) Owner's name, mailing address, telephonenumber, ownership status, and status asfederal, state, private, public, or otherentity; and
(4) Operator's name and certification numberunder chapter 11-61, if applicable.
(c) The director may require the submission ofadditional information after registration forms havebeen submitted.
(d) Records. Registrants shall keep records ofall data used to complete registrations and anysupplemental information submitted under this sectionfor at least five years from the date the registrantsubmits the registration form, unless otherwisespecified by the director.
(e) Fees. Each registrant shall pay the filingfee specified in section 11-62-51 for each facility,operation, or land registered, except as the directormay provide under section 11-62-50(e).
(f) Term. Registrations expire on November 15of each even-numbered year.
(g) Renewals. Renewal registration forms shallbe submitted by November 15. If a renewalregistration form is not submitted on time, it may besubmitted after payment of the current annual fee anda late payment fee. If a renewal registration form issubmitted more than ninety days after it is due, thenthe registrant shall supply all the informationrequired for a new registration regardless of whetherthere have been any changes to report.
(h) Automatic filing. Registrations shall bedeemed filed automatically sixty days aftersubmission, or on the next working day after sixtydays expire, unless the director suspendsregistration.
(i) Filing suspension. If the directorconsiders a registration form incomplete, lackingpayment of all or part of the fee, otherwisedeficient, or considers more information necessary,the director shall order that the land, operation, orfacility shall not be registered until the registranthas supplied the missing information or otherwise
§11-62-54.01
62-98
corrected the deficiency. [Eff and comp 12/09/04;comp ] (Auth: HRS §§342D-4, 342D-5,342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-6, 342D-13)
§11-62-54.01 Wastewater management individualpermits. (a) Timing. Applications for individualpermits required under section 11-62-50 shall besubmitted as follows:
(1) For existing lands, facilities, operations,and lands, not later than one year after theeffective date of this section; and
(2) New facilities, operations, and lands, notlater than one hundred eighty days beforethe facilities, operations, or lands areused or begin activity. The director maywaive this one hundred eighty dayrequirement by issuing the permit before theone hundred eighty days expire[;].
(b) Information and forms. Applicants forindividual permits shall complete and submit oneoriginal and one copy of the form(s) furnished by thedirector. Applicants shall provide at least the typeof information required by 40 CFR Part 501 and thefollowing information:
(1) The type of activities conducted by theapplicant which requires a permit to beobtained;
(2) The name, mailing address, and location ofthe wastewater or wastewater sludgecollection, handling, storage, treatment,use, disposal, or transportation facility,operation, or land;
(3) The owner's name, address, telephone number,ownership status, and status as federal,state, private, public, or other entity;
(4) The operator's name, address, telephonenumber, ownership status, status as federal,state, private, public or other entity, andoperator's certification number underchapter 11-61, if applicable;
(5) A listing of all environmental permitsreceived or applied, including all federal,state, or local permits;
§11-62-54.01
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(6) A topographical map or other map if atopographical map is unavailable extendingone mile beyond the property boundaries ofthe sludge management facility, depictingthe treatment and disposal sites, thelocation of all water bodies, and thelocations of potable water wells within one-quarter mile of the property boundaries;
(7) Any sludge monitoring data and for landapplication and surface disposal sites, anyavailable groundwater monitoring data, witha description of the well locations andapproximate depth to the groundwater;
(8) A description of the applicant's sludge useand disposal practices, including whereapplicable, the location of any sites wherethe applicant transfers wastewater sludgefor treatment, disposal, or both, as well asthe name of the applier who applies thewastewater sludge to the land if differentfrom the applicant, and the name of anydistributors when the sludge will bedistributed, if different from theapplicant;
(9) For each land application site the applicantwill use during the life of the permit, theapplicant will supply information necessaryto determine if the site is appropriate forland application and a description of howthe site is, or will be managed. Applicantsintending to apply wastewater sludge to landapplication sites not identified at the timeof application must submit a landapplication 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 applicationsites; and
(E) Provides for advance public notice andnotice to landowners and occupantsadjacent to or abutting the proposed
§11-62-54.01
62-100
land application site;(10) Annual sludge production volumes; and(11) Any information required to determine the
appropriate standards for permitting under40 CFR Part 503.
(c) The director may require the submission ofadditional information after an individual permitapplication has been submitted.
(d) Records. Applicants shall keep records ofall data used to complete permit applications and anysupplemental information submitted under this sectionfor a period of at least five years from the date theapplication is submitted, unless otherwise specifiedby the director.
(e) Fees. Every applicant for an individualpermit shall pay the filing fee specified in section11-62-51 for each facility, operation, or land to bepermitted, except as the director may provide undersection 11-62-50(e).
(f) Processing suspension. If the directorconsiders permit application incomplete, lackingpayment of the fee, otherwise deficient, or considersmore information necessary, the director shall orderthat the permit application shall not be processed ora permit issued until the applicant supplies themissing information or otherwise corrects thedeficiency. [Eff and comp 12/09/04; am and comp
] (Auth: HRS §§342D-4, 342D-5,342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-6, 342D-13,342D-50; 40 CFR Part 501, 40 CFR §501.15(a),(d))
§11-62-54.02 Draft individual permits. After anapplication for a new, modified, or renewed permit iscomplete, the director shall tentatively decide toprepare a draft individual permit or deny theapplication. If the director tentatively proposes torevoke and reissue a permit, the director shallprepare a draft individual permit. A draft permitshall contain the necessary conditions to implementthe requirements of this chapter, 33 U.S.C. §1345, andthe incorporated sections of 40 CFR Parts 501 and 503.[Eff and comp 12/09/04; comp ] (Auth:HRS §§342D-4, 342D-5, 342D-6) (Imp: HRS §§342D-2,
§11-62-54.04
62-101
342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40 CFR§501.15(d)(3))
§11-62-54.03 Fact sheets. (a) The directorshall prepare a fact sheet for every draft individualpermit 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 tothe applicant and, upon request, to any other person.
(c) Fact sheets shall include at least theinformation required by 40 CFR §501.15(d)(4)(i). [Effand comp 12/09/04; comp ] (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))
§11-62-54.04 Public notices of draft individualpermits; public comments and hearing requests. (a)The director shall notify the public that a draftindividual permit has been prepared and that thepublic has thirty days to comment on it. The commentperiod may be extended at the discretion of thedirector. The director may require the permitapplicant to have the notice published.
(b) Methods. The director shall notify thepublic by at least the methods specified in 40 CFR§501.15(d)(5)(ii).
(c) Content. The public notice shall include atleast the information required by 40 CFR501.15(d)(5)(iii)(A).
(d) Costs. All publication and mailing costsassociated with notifying the public of a draft permitshall be paid by the permit applicant(s) to theappropriate publishing agency or agencies determinedby the director. Failure to provide and pay forpublic notice as required by the director is a basisto deny issuance of a permit.
(e) Public comments and hearing requests.During the public comment period, any person maysubmit comments in writing and may ask in writing fora public hearing. A request for hearing shall statethe nature of the issues that the hearing shouldcover. [Eff and comp 12/09/04; comp ]
§11-62-54.05
62-102
(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))
§11-62-54.05 Public meetings or hearings onindividual permits. (a) The director shall hold apublic meeting or hearing if the director determinesthat there is a significant degree of public interestin a draft individual permit, based on hearingrequests.
(b) The director may hold a meeting or hearingat the director's discretion, when such a meeting orhearing may help the director's decision on anindividual permit application or for another reasonwhich the director considers to be in the publicinterest. [Eff and comp 12/09/04; comp
] (Auth: 342D-4, 342D-5, 342D-6)(Imp: 342D-2, 342D-4, 342D-5, 342D-6, 342D-57; 40 CFRPart 501, 40 CFR §501.15(d)(7))
§11-62-54.06 Public notice of public meetings orhearings on individual permits. (a) The directorshall notify the public that a meeting or hearing onan individual permit matter has been scheduled. Thenotice shall be given at least thirty days before thehearing. The director may require the permitapplicant to have the notice published.
(b) Methods. The director shall notify [to] thepublic by at least the methods specified in 40 CFR§501.15(d)(5)(ii).
(c) Content. The public notice shall include atleast the information required by 40 CFR§501.15(d)(5)(iii).
(d) Costs. All publication and mailing costsassociated with notifying the public of a publicmeeting or hearing shall be paid by the permitapplicant(s) to the appropriate publishing agency oragencies determined by the director. Failure toprovide and pay for public notice as required by thedirector is a basis to deny issuance of a permit.[Eff and comp 12/09/04; comp ] (Auth:HRS §§342D-4, 342D-5, 342D-6, 342D-13) (Imp: HRS
§11-62-54.08
62-103
§§342D-2, 342D-4, 342D-5, 342D-6; 40 CFR Part 501, 40CFR §501.15(d)(5))
§11-62-54.07 Response to comments. When a finalindividual permit is issued, the director shall issuea written response to written comments as required by40 CFR §501.15(d)(8). [Eff and comp 12/09/04; comp
] (Auth: HRS §§342D-4, 342D-5,342D-6) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6; 40CFR Part 501, 40 CFR §501.15(d)(8))
§11-62-54.08 Issuance of individual permits;duration, conditions. (a) Duration. The directormay issue an individual permit for any period notexceeding five years, may renew such permit for anyadditional periods not exceeding five years each, andshall not modify an individual permit to extend itsmaximum period.
(b) Each individual permit shall containconditions and requirements at least as stringent as:
(1) Those conditions contained in 40 CFR§501.15(b);
(2) The wastewater sludge standards insubchapter 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] Appendix A entitled WastewaterManagement Individual [and General] PermitStandard Conditions dated [April 15, 1997,]July 1, 2014, and located at the end of thischapter; and
(6) Other requirements deemed necessary by thedirector. [Eff and comp 12/09/04; comp
] (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)
§11-62-54.09
62-104
§11-62-54.09 Schedules of compliance.Individual permits may contain schedules of compliancethat are at least as stringent as those allowed by 40CFR §501.15(a). [Eff and comp 12/09/04; comp
] (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))
§11-62-55.01 REPEALED [R ]
§11-62-55.02 REPEALED [R ]
§11-62-55.03 Requiring an individual permit.[Notwithstanding the provisions of a general permit,the director may require any person covered by ageneral permit or seeking coverage under a generalpermit to apply for and obtain an individual permit.]Cases where an individual permit may be requiredinclude, but are not limited to the following:
[(1) The wastewater system is not in compliancewith the conditions of the general permit;
(2) Circumstances have changed since the noticeof intent was submitted so that thewastewater system is no longer covered bythe general permit;
(3)](1) The wastewater system generateswastewater sludge that is land applied orplaced into a surface disposal site; and
[(4)](2) Other relevant factors. [Eff and comp12/09/04; am and comp ](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))
§11-62-55.04 REPEALED [R ]
§11-62-55.05 REPEALED [R ]
§11-62-57.02
62-105
§11-62-55.06 REPEALED [R ]
§11-62-55.07 REPEALED [R ]
§11-62-55.08 REPEALED [R ]
§11-62-56 Standard permit conditions. Standardpermit conditions for individual [and general] permitsare contained in [appendix] Appendix A entitledWastewater Management Individual [and General] PermitStandard Conditions dated [April 15, 1997,] July 1,2014, and located at the end of this chapter. [Effand comp 12/09/04; am and comp ](Auth: HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2,342D-4, 342D-5, 342D-6, 342D-50; 40 CFR Part 501, 40CFR §501.15(b))
§11-62-57.01 Transfer of permits. An individualpermit [and general permit] coverage may betransferred for the reasons and under the proceduresspecified in 40 CFR §501.15(c)(1), which allows fortransfers by modification or automatically. [Eff andcomp 12/09/04; am and comp ] (Auth:HRS §§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4,342D-5, 342D-6; 40 CFR Part 501, §501.15(c)(1))
§11-62-57.02 Modification or revocation andreissuance of permits. (a) Each permit [and generalpermit] coverage shall be subject to modification orrevocation and reissuance by the director after noticeand opportunity for a contested case hearing, exceptfor minor modifications.
(b) Individual permits [and general permitcoverage] may be modified, or revoked and reissued,for the reasons specified in 40 CFR §501.15(c)(2) andsection 342D-6(e), HRS, and the director shall followthe procedures in 40 CFR §501.15(c)(2) and (d)(2) andsection 342D-6(e), HRS, except for minor
§11-62-57.02
62-106
modifications, which shall follow the proceduresspecified in [appendix] Appendix A.
(c) All applications under section 342D-7, HRS,for a variance from the requirements of subchapter 4shall be treated as an application for a modificationunder this section. Any variances, if granted, shallbe for a period not to exceed five years and may berenewed upon application. [Eff and comp 12/09/04; amand comp ] (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))
§11-62-57.03 Termination of permits. (a) Onthe expiration date specified in the individualpermit, the permit shall automatically terminate andthe permittee shall be divested of all rights therein.
(b) Each individual permit [and general permit]coverage shall be subject to termination by thedirector after notice and opportunity for a contestedcase hearing.
(c) Individual permits [and general permitcoverage] may be terminated [may be] or denied for[the] any of the reasons specified in 40 CFR§501.15(c)(3) and section 342D-6(e), HRS, and underthe procedures specified in 40 CFR §501.15(d)(2) andsection 342D-6(e), HRS. [Eff and comp 12/09/04; amand am and comp ] (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))
§11-62-57.04 Renewal of permits. (a)Permittees seeking individual permit [or generalpermit coverage] renewal shall submit a renewalapplication [or notice of intent] at least one hundredeighty days before the individual permit [or generalpermit coverage] expires.
(b) An application for individual permit renewalis subject to all of the requirements for anapplication for a new permit, including a draft permitand fact sheet, public notice, and a possible public
§11-62-58
62-107
hearing, but excepting deadlines and fees specific tonew permits.
[(c) An application for general permit coveragerenewal is subject to all of the requirements for newgeneral permit coverage, excepting deadlines and feesspecific to new general permit coverage.
(d)] (c) The director may administratively extendthe existing permit [or general permit coverage]pending the renewal of a wastewater management permit.
[(e)](d) Individual permits [and general permitcoverage] may be renewed for the reasons and under theprocedures specified in section 342D-6(c), HRS, andrenewal may be denied for noncompliance with thepermit. [Eff and comp 12/09/04; am and comp
] (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))
§11-62-58 Conflict of interest. (a) Any boardor body who reviews or approves applications [ornotices of intent] for new, modified, or renewedindividual permits [or general permit coverage] shallnot include as a member any person who receives, orhas during the previous two years received, asignificant portion of that person's income directlyor indirectly from permit holders or applicants for apermit.
(b) For this section the definitions of 40 CFR§501.15(f)(1) shall apply. [Eff and comp 12/09/04; amand comp ] (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))
§11-62-60
62-108
SUBCHAPTER 6
WASTEWATER AND WASTEWATER SLUDGE PUMPERS AND HAULERS
§11-62-60 Applicability. This subchapterapplies to all persons who own or conduct operationsthat haul or pump wastewater or wastewater sludge,including septage and grease, and including cesspoolpumping firms (collectively "pumpers"). [Eff and comp12/09/04; comp ] (Auth: HRS §§342D-4,342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50)
§11-62-61 Registration requirements. Inaddition to meeting the registration requirements ofsections 11-62-50(b)(4) and 11-62-53, each pumpershall submit with its registration:
(1) A statement signed by the owner of thewastewater and wastewater sludge pumping andhauling firm attesting that:(A) The owner has read, understands, and
shall follow all applicable rulesregarding the collection, disposal,monitoring, recordkeeping, andreporting of pumping and haulingwastewater and wastewater sludge,including septage from individualwastewater systems and other wastewatersystems; and
(B) The owner has and will continue toprovide employees of the pumping andhauling firm with adequate training inthe proper pumping, collection,hauling, and disposal of wastewater andwastewater sludge;
(2) Copies of authorization to dispose ofwastewater and wastewater sludge into anystate, county, federal, or private facilityor site; and
(3) A statement signed by the owner of thewastewater and wastewater sludge pumping andhauling firm describing the firm's prior andcurrent involvement in the activity of
§11-62-62
62-109
cesspool pumping. [Eff and comp 12/09/04;comp ] (Auth: HRS§§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50)
§11-62-62 Recordkeeping and reporting. [(a)]In addition to meeting the requirements of section 11-62-53(c) and (d), each pumper shall maintain thefollowing types of records and information. Suchinformation shall be made available upon request toany state, county, or federal wastewater agencyregulating or managing wastewater:
(1) Number of wastewater systems, includingindividual wastewater systems and greasetraps pumped;
(2) Names of the owner of each wastewater systemand grease trap pumped;
(3) Location (street address or tax map key orboth) of each wastewater system and greasetrap 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.[(b) Reports or copies of forms containing the
tabulated information required in subsection (a) shallbe submitted to the director no later than thirtydaysafter the last day of the following months -March, June, September, and December.
(1) Each report shall tabulate information forthe preceding three months;
(2) Special reports covering shorter periodsthan three months shall be submitted onrequest by the director or a county, state,or federal agency responsible for wastewateror wastewater sludge management or control;
§11-62-62
62-110
(3) The "wastewater pumping and hauling reportform" as furnished by the director shall bethe format used by the wastewater sludgepumping and hauling firms to reportinformation to the director; and
(4) The owner or operator of wastewater sludgepumping and hauling firm shall sign andcertify the reports in accordance withsection 11-62-52.] [Eff and comp 12/09/04;am and comp ] (Auth: HRS§§342D-4, 342D-5) (Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-6, 342D-50, 342D-55)
SUBCHAPTER 7
VARIANCES, PENALTIES, AND SEVERABILITY
§11-62-71 Variances. (a) Variances andvariance applications shall comply with section 342D-7, HRS.
(b) Variance application forms shall be providedby the department. All applications for variancesshall be submitted with a filing fee of $300 for eachapplication. Additionally, the applicant shall payall fees assessed for publishing the legal notice(s)for each variance application. If a public hearing isrequired, the applicant shall pay all fees assessedfor publishing the public hearing notice(s).
(c) Applications for renewal of variances shallbe submitted one hundred eighty days before theexpiration of the variance on forms provided by thedepartment. A filing fee of $150 shall be submittedwith each application for renewal. Additionally, theapplicant shall pay all fees assessed for publishingthe legal notice(s) and public hearing notice(s).Failure to renew a variance within the specified timewill result in the termination of the variance andrequire the applicant to apply for a new variance.[Eff 12/10/88, am 8/30/91; §11-62-41; ren, am and comp12/09/04; comp ] (Auth: HRS §§321-11, 342D-4, 342D-5, 342D-7, 342D-13) (Imp: HRS §§321-
§11-62-74
62-111
11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5,342D-7, 342D-50
§11-62-72 Penalties and remedies. Any personwho violates any provision of this chapter shall besubject to the penalties and remedies for violationsprovided for in chapters 321, 322-part I, 342D, and342H, HRS. [Eff 12/10/88; §11-62-42; ren, am andcomp 12/09/04; comp ] (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)
§11-62-73 Severability. If any provision ofthis chapter or its application to any person orcircumstance is held invalid, the application of suchprovision to other persons or circumstances, and theremainder of this chapter, shall not be affectedthereby. [Eff 12/10/88; §11-62-43; ren and comp12/09/04; comp ] (Auth: HRS §§321-11, 342D-4, 342D-5) (Imp: HRS §§321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-19, 342D-50)
§11-62-74 Public participation in enforcement.The department shall provide for public participationin enforcement relating to violations of subchapters 4and 5 at least to the extent specified in 40 CFR§501.17(d)(2). [Eff and comp 12/09/04; comp
] (Auth: HRS §§342D-4, 342D-5)(Imp: HRS §§342D-2, 342D-4, 342D-5, 342D-50; 40 CFRPart 501, 40 CFR §501.17(d)(2))
§11-62-81
62-112
SUBCHAPTER 8
FIELD CITATIONS
§11-62-81 Purpose. This subchapter authorizesfield citations to effectively and quickly settleeasily verifiable violations of chapters 322 and 342D,HRS, and this chapter. Settlements under this sectionare an additional remedy and do not supplant thedirector’s authority to issue orders under section342D-9, HRS. [Eff and comp 12/09/04; comp
] (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)
§11-62-82 Offer to settle;[penalties.]settlementamounts. (a) A field citation is an offer to settlean administrative case against a specific violation ona specific day. Instead of issuing a formal noticeand finding of violation and order, the director[may], in the director's sole discretion, through anyauthorized employee, may issue a filed citation bypersonal service or certified mail to:
(1) Any person or owner who causes or allows awastewater system to create or contribute toa wastewater spill, overflow, or dischargeonto the ground or into surface waters, inviolation of section [11-62-06(g)(6);] 11-62-06(f)(5) or (6);
(2) Any person or owner who uses or occupies abuilding not connected to a wastewatersystem in violation of section 11-62-06(a);[or]
(3) Any person or owner who constructs,modifies, or uses any individual wastewatersystem without approval by the director or acounty authorized by the director to approveand regulate individual wastewater systems,in violation of section 11-62-08(b) or 11-62-31.1(f)[.]; or
§11-62-82
62-113
(4) Any person or owner who does not respondwithin thirty days to an operation andmaintenance inspection report issued by theDepartment.
(b) A field citation shall [assess] indicate thefollowing [penalties for violations:] settlementamounts:
(1) [Any person who violates section 11-62-06(g)(6) shall be fined $100 for a firstviolation, and $250 for a subsequentviolation;] $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 maintainan aerobic treatment unit;
(C) Failing to provide an effective contractfor an aerobic treatment unit;
(D) Failing to respond to departmentinspection reports;
(E) Having a cesspool without a concretecover;
(F) Not having a secured manhole cover forthe cesspool; or
(G) A collapsed cesspool.[(2) Any person who violates section 11-62-06(a)
shall be fined $100 for a first violation,and $250 for a subsequent violation; and
(3) Any person who violates section 11-62-08(b)or 11-62-31.1(f) shall be fined $100 for afirst violation, and $250 for a subsequentviolation.]
(2) $500 for a first violation, and $2,000 for asubsequent violation forviolating section 11-62-06(f)(5) or (10);and
(3) $1,000 for a first violation, and $2,500 fora subsequent violation for constructing anindividual wastewater system withoutdepartment approval to construct. [Eff andcomp 12/09/04; am and comp ](Auth: HRS §§321-11, 322-8(a), 342D-1,
§11-62-83
62-114
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)
§11-62-83 Resolution of field citation. (a) Aperson issued a field citation may accept the citationby[,]:
(1) Signing the field citation;(2) Paying the full amount [assessed] indicated
by the field citation. Payment shall bemade payable to the "State of Hawaii" bycheck, cashier's check, [or] money order[made payable to the State of Hawaii;] oras otherwise specified by the director;
(3) Mailing or delivering the signed citationand full payment to the wastewater branch inHonolulu, or the district health office forthe county where the violation occurred.The department must receive the signed filedcitation and full payment within twenty daysafter the person receives the fieldcitation; and
(4) Correction within seven days or unlessotherwise specified on the field citationany violation of section [11-62-06(g)(6)]11-62-06(f)(6).
(b) By signing the field citation, the person towhom it was issued agrees to:
(1) Give up the person's right to a contestedcase hearing under chapter 91 or 342D, HRS,or otherwise challenge the field citation;
(2) Pay the [penalty assessed;] amountindicated; and
(3) Correct the violation.(c) If the field citation is not accepted in
compliance with subsection (a), the director may seekfor that cited violation any remedies available underthis chapter, chapters 321, 322, 342D, HRS, or anyother applicable law. For all other violations thedirector retains authority to seek any available
§11-62-84
62-115
remedies. [Eff and comp 12/09/04; am and comp] (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)
§11-62-84 Form of citation. The departmentshall prescribe a field citation form." [Eff and comp12/09/04; am and comp ] (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)
2. Material, except source notes, to be repealed isbracketed. New material is underscored.
3. Additions to update source notes to reflect theseamendments and compilation are not underscored.
4. These amendments to and compilation of chapter11-62, Hawaii Administrative Rules, shall take effectten days after filing with the Office of theLieutenant Governor.
62-116
I certify that the foregoing are copies of therules, drafted in the Ramseyer format pursuant to therequirements of section 91-4.1, Hawaii RevisedStatutes, which were adopted on andfiled with the Office of the Lieutenant Governor.
LINDA ROSEN, M.D., M.P.H.Director of Health
APPROVED AS TO FORM:
EDWARD G. BOHLENDeputy Attorney General
CHAPTER 11-62 APPENDIX A
62-A-1
INDIVIDUAL PERMITSTANDARD CONDITIONS
July 1, 2014
Appendix A, Individual standard conditions
1. Duty to comply2. Compliance with sludge standards3. Compliance with wastewater effluent standards4. Compliance with water quality standards5. Clean Water Act (CWA) penalties6. Signatory and certification requirement7. Duty to reapply8. Need to halt or reduce activity not a defense9. Duty to mitigate10. Proper operation and maintenance11. Permit actions12. Property rights13. Duty to provide information14. Inspection and entry15. Sampling requirements and definitions16. Monitoring and recordkeeping17. Notice requirements18. Reopener clause19. Transfers by modification20. Automatic transfers21. Minor modification of permits22. Modification or revocation and reissuance of
permits23. Termination of permits24. Availability of reports25. Civil and criminal liability26. State law27. Severability
The following conditions apply to individual permitsunless otherwise specified. "Permittee" refers to aperson to whom an individual permit has been issued.
CHAPTER 11-62 APPENDIX A
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1. Duty to comply. Permittees shall comply with andare subject to §11-62-06(q).
2. Compliance with sludge standards. Permitteesshall comply with HAR chapter 11-62, subchapter4.
3. Compliance with wastewater effluent standards.Permittees treating wastewater shall comply with§11-62-26 and, if applicable, §11-26-27.
4. Compliance with water quality standards.Permittees shall not cause or contribute to anyviolation of applicable sections of HAR chapter11-54.
5. Clean Water Act (CWA) penalties. The monetaryfines and imprisonment terms referred to in 40CFR §§501.15(b)(3), on CWA §309;501.15(b)(11)(ii), on false statement,representation, or certification; and§501.15(b)(10), on falsification, tampering with,or rendering inaccurate any monitoring device ormethod; all apply, in addition to any statepenalties.
6. Signatory and certification requirements. Eachpermit application, report, notice, and anyinformation submitted to the director shall besigned and certified as required by §11-62-52.
7. Duty to reapply. Permittees shall comply with§11-62-57.04.
8. Need to halt or reduce activity not a defense.It shall not be a defense for a permittee in anenforcement action that it would have beennecessary to halt or reduce the permittedactivity in order to maintain compliance with theconditions of this permit.
CHAPTER 11-62 APPENDIX A
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9. Duty to mitigate. Permittees shall comply with§11-62-06(j).
10. Proper operation and maintenance. Permitteesshall comply with §11-62-06(e).
11. Permit actions. This permit may be modified,revoked and reissued, or terminated for cause.The filing of a request by the permittee for apermit modification, revocation and reissuance,or termination, or a notification of plannedchanges or anticipated noncompliance does notstay any permit condition.
12. Property rights. This permit does not convey anyproperty rights of any sort, or any exclusiveprivilege.
13. Duty to provide information. The permittee shallfurnish to the director, within a reasonabletime, any information which the director mayrequest to determine whether cause exists formodifying, revoking and reissuing, or terminatingthis permit or to determine compliance with thispermit. The permittee shall also furnish to thedirector, upon request, copies of recordsrequired to be kept by this permit.
14. Inspection and entry. The permittee shall allowthe director, or an authorized representative,upon the presentation of credentials and otherdocuments as may be required by law, to:
a. Enter upon the permittee's premises where aregulated facility or activity is located orconducted, or where records must be keptunder the conditions of this permit;
b. Have access to and copy, at reasonabletimes, any records that must be kept underthe conditions of this permit;
CHAPTER 11-62 APPENDIX A
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c. Inspect at reasonable times any facility,equipment (including monitoring and controlequipment), practices, or operationsregulated or required under this permit; and
d. Sample or monitor at reasonable times, forthe purposes of assuring permit complianceor as otherwise authorized by the CleanWater Act, any substances, parameters, orpractices at any location.
15. Sampling requirements.
a. Sampling points. All samples shall be takenat the monitoring points specified in thispermit and, unless otherwise specified,before final use, disposal, or discharge.Monitoring points shall not be changedwithout notification to and the approval ofthe director. No use, disposal, ordischarge is authorized which does nottotally pass through the final monitoringpoint.
b. Calibration. The permittee shallperiodically calibrate and performmaintenance on all monitoring and analyticalequipment used to monitor the pollutants,sludge, and other items specified by thedirector under this permit, at intervalswhich will ensure the accuracy ofmeasurements, but no less than themanufacturer's recommended intervals or oneyear intervals (whichever comes first).[Records of calibration shall be keptpursuant to section 13(b) of this generalpermit.]
16. Monitoring and recordkeeping.
a. Monitoring results shall be reported at afrequency specified here or elsewhere in the
CHAPTER 11-62 APPENDIX A
62-A-5
permit, whichever is greater. The frequencyof sampling shall be dependent on the sizeof the wastewater system, nature and effectof the wastewater, reclaimed water, andwastewater sludge use and disposalpractices. At a minimum, the frequencyshall be as required by §§11-62-26(a), 11-62-26(c), 11-62-28(a), and subchapter 4.
b. Representative sampling. Samples andmeasurements taken for the purpose ofmonitoring shall be representative of themonitored activities listed in §§11-62-26(a), 11-62-26(c), 11-62-28(a), andsubchapter 4.
As used in this section, a representativesample means that the content of the sampleshall (1) be identical to the content of thesubstance sampled at the time of thesampling; (2) accurately represent themonitored item (for example, sampling tomonitor final effluent quality shallaccurately represent that quality, eventhough the sampling is done upstream of thedischarge point); and (3) accuratelyrepresent the monitored item for themonitored time period (for example, samplingto represent monthly average effluent flowsshall be taken at times and on days thatcover significant variations).Representative sampling may mean includingweekends and storms and may mean taking moresamples than the minimum number specifiedelsewhere in the permit. The burden ofproving that sampling or monitoring isrepresentative shall be on the permittee.
c. Record retention. The permittee shallretain records of all monitoringinformation, including all calibration andmaintenance records and all original strip
CHAPTER 11-62 APPENDIX A
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chart recordings for continuous monitoringinstrumentation, copies of all reportsrequired by this permit, and records of alldata used to complete the application forthis permit, for a period of at least five(5) years from the date of the sample,measurement, report or application. Thisperiod may be extended by request of thedirector of health at any time.
d. Records' content. Records of monitoringinformation shall include:(1) The date, exact place, and time of
sampling or measurements;(2) The name of individual(s) who performed
the sampling or measurements;(3) The date(s) analyses were performed;(4) The name of individual(s) who performed
the analyses;(5) The analytical techniques or methods
used and if available, references andwritten procedures for these techniquesor methods; and
(6) The results of such analyses, includingbench sheets, instrument readouts,etc., used to determine these results.
e. Monitoring procedures. Unless otherprocedures have been specified in thispermit, monitoring shall be conductedaccording to test procedures approved under40 CFR Part 136 or, in the case of sludgeuse or disposal, approved under 40 CFR Part503.
17. Notice requirements.
a. Planned changes. The permittee shall givenotice to the director as soon as possibleof any planned physical alterations oradditions to the permitted facility, orsignificant changes planned in the
CHAPTER 11-62 APPENDIX A
62-A-7
permittee's sludge use or disposal practice,where such alterations, additions, orchanges may justify the application ofpermit conditions that are different from orabsent in the existing permit, includingnotification of additional disposal sitesnot reported during the permit applicationprocess or not reported pursuant to anapproved land application plan.
b. Anticipated noncompliance. The permitteeshall give advance notice to the director ofany planned changes in the permittedfacility or activity which may result innoncompliance with permit requirements.
c. Transfers. This permit is not transferableto any person except after notice to thedirector. The director may requiremodification or revocation and reissuance ofthe permit to change the name of thepermittee and incorporate such otherrequirements as may be necessary under theCWA.
d. Other noncompliance reporting. Thepermittee shall report all instances ofnoncompliance. Reports of noncomplianceshall if applicable follow the spillprotocol of appendix C otherwise shall besubmitted with the permittee's next selfmonitoring report or earlier if requested bythe director or if required by an applicablestandard for wastewater sludge use ordisposal or condition of this permit.
e. Other information. Where the permitteebecomes aware that it failed to submit anyrelevant facts in a permit application, orsubmitted incorrect information in a permitapplication or in any report to the
CHAPTER 11-62 APPENDIX A
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director, it shall promptly submit suchfacts or information.
18. Reopener clause.
a. If the standards for wastewater andwastewater sludge applicable to thepermittee's use, disposal, or dischargemethod are promulgated under the Clean WaterAct, the Hawaii Revised Statutes, or theHawaii Administrative Rules before theexpiration date of this permit, and thosestandards are more stringent than thewastewater or wastewater sludge pollutantlimits or acceptable management practicesauthorized in this permit, or controls apollutant or practice not limited in thispermit, this permit may be promptly modifiedor revoked and reissued to conform to thestandards for wastewater or wastewatersludge use, disposal, or discharge by nolater than the compliance deadline specifiedin the regulations establishing thosestandards, whether or not this permit hasbeen modified or revoked and reissued.
b. This permit shall be modified or revoked andreissued at any time if, on the basis of anynew data, the director determines thatcontinued wastewater or wastewater sludgeuse, disposal, or discharge may causeunreasonable degradation of the environment.
c. The permittee shall comply with newstandards for wastewater sludge use ordisposal adopted in 40 CFR 503 during theterm of the permit, if they are morestringent than the terms of the permit andchapter 11-62, even if this permit has notyet been modified to incorporate thestandards.
CHAPTER 11-62 APPENDIX A
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19. Transfers by modification. Except as provided incondition 20 of these standard conditions, apermit may be transferred by the permittee to anew owner or operator only if the permit has beenmodified or revoked and reissued to identify thenew permittee and incorporate such otherrequirements as may be necessary to assurecompliance with the CWA.
20. Automatic transfers. As an alternative totransfers under condition 19 of these standardconditions, the director may authorize automatictransfer of any permit issued under this rule toa new permittee if:
a. The current permittee notifies the directorat least 30 days in advance of the proposedtransfer date in condition 20.c. of thesestandard conditions;
b. The notice includes a written agreementbetween the existing and new permitteecontaining a specific date for transfer ofpermit responsibility, coverage, andliability between them; and
c. The director does not notify the existingpermittee and the proposed new permittee ofthe director's intent to modify or revokeand reissue the permit. If this notice isnot received, the transfer is effective onthe date specified in the agreement ofcondition 20.b of these standard conditions.
21. Minor modification of permits. Upon the consentof the permittee, the director may modify apermit to make the corrections or allowances forchanges in the permitted activity listed in thissection without following the procedures of §11-62-57.02. Any permit modification not processedas a minor modification under this section mustbe made for cause and with draft permit and
CHAPTER 11-62 APPENDIX A
62-A-10
public notice as required. Minor modificationsmay only:
a. Correct typographical errors;
b. Require more frequent monitoring orreporting by the permittee;
c. Change an interim compliance date in aschedule of compliance, provided the newdate is not more than 120 days after thedate specified in the existing permit anddoes not interfere with attainment of thefinal compliance date requirement; and
d. Allow for a change in ownership oroperational control of a facility where thedirector determines that no other change inthe permit is necessary, provided that awritten agreement containing a specific datefor transfer of permit responsibility,coverage, and liability between the currentand new permittee has been submitted to thedirector.
22. Modification or revocation and reissuance ofpermits. Permittees shall comply with and aresubject to §11-62-57.02,except for minormodifications.
23. Termination of permits. Permittees are subjectto §11-62-57.03 and general permittees are alsosubject to §11-62-55.03.
24. Availability of reports. Except for datadetermined to be confidential under HRS §342D-14,all reports prepared in accordance with the termsof this permit shall be available for publicinspection at the offices of the director. Asrequired by this rule, permit applications,permits, and effluent and wastewater sludge datashall not be considered confidential.
CHAPTER 11-62 APPENDIX A
62-A-11
25. Civil and criminal liability. Nothing in thispermit shall be construed to relieve thepermittee from civil or criminal penalties fornoncompliance.
26. State law. Nothing in this permit shall beconstructed to preclude the institution of anylegal action or relieve the permittee from anyresponsibilities, liabilities, or penaltiesestablished pursuant to any applicable state lawor regulation.
27. Severability. The provisions of this permit areseverable, and if any provision of this permit,or the application of any provision of thispermit to any circumstance, if held invalid, theapplication of such provision to othercircumstances, and remainder of this permit,shall not be affected thereby.
CHAPTER 11-62 APPENDIX B
62-C-1
RESPONSES FOR WASTEWATERSPILLS, OVERFLOWS, AND DISCHARGES
("SPILLS")
July 1, 2014
Table of contents1. Points of contact2. Spills into state waters, excluding R-1 water
from recycled water systems3. Spills into state waters of R-1 water from
recycled water system4. Spills to ground only - with public access5. Spills to ground only - with no public access6. Spills to ground only - R-1 and RO water only7. Press release8. Monitoring of state water9. Reporting10. Modifications by the director
CHAPTER 11-62 APPENDIX B
62-C-2
1. Points of contact
Agency Phone Fax
Clean Water Branch (CWB) 586-4309 586-4352Wastewater Branch (WWB) 586-4294 586-4352
Environmental Health Programs (EHP)Hawaii District Health Office 933-4371 933-4669Kauai District Health Office 241-3323 241-3480Maui District Health Office 984-8234 984-8237
State Hospital Operator (SHO) 247-2191Communications Office 586-4444
2. Spills from any facility into state waters,excluding R-1 water from recycled water systems
a. Applicability. Any wastewater spill whichenters into state waters from a public orprivate wastewater system.(1) "State waters" has the meaning defined
in HRS section 341-D, and includesdrainage ditches, whether or not wateris always flowing in them.
(2) Exclusion. Spill of R-1 water coveredby Appendix J to HAR chapter 11-5,"NPDES General Permit AuthorizingDischarges of R-1 Water from RecycledWater Systems". That general permitdoes not cover spills from treatmentworks.
b. Immediate notice to DOH. If a spill occursduring working hours:(1) The wastewater system owner or its
agent (owner/agent) shall immediatelynotify the CWB of any spill into statewaters; and
(2) If a spill occurs on the neighborislands, the owner/agent shall alsoimmediately notify their respective
CHAPTER 11-62 APPENDIX B
62-C-3
district environmental health programchief.
If a spill occurs during non-working hours:(1) Contact the state hospital operator;
and(2) The next working day notify the CWB and
the respective district EHP chief witha follow-up call.
c. Press Release. The owner/agent shallimmediately send out a press release forspills of a thousand gallons or more and forlesser spills if they present a substantialthreat to public health. A press releaseshall comply with section 7. A pressrelease is not required if the owner/agentdemonstrates that the spill was of R-1 waterand that BMPs as approved by the directorwere implemented.
d. Disinfection. The owner/agent shalldisinfect wastewater which is continuouslybeing spilled into nearshore waters ifsufficient disinfection contact time isavailable. Best judgment should be used indetermining the amount of chlorine added tothe discharge if chlorine is used as adisinfectant. Disinfection is not requiredif the owner/agent demonstrates that thespill was either R-1 or R-2 water and thatBMPs as approved by the director wereimplemented.
e. Warning signs. The owner/agent shallimmediately post warning signs in thearea(s) likely to be affected by the spilland where public access is possible.Posting of warning signs is not required ifthe owner/agent demonstrates that the spillwas of R-1 water and that BMPs as approvedby the director were implemented.
CHAPTER 11-62 APPENDIX B
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The director shall also assure that asufficient number of warning signs have beenposted and the locations are adequate.Authorization to remove the signs shall alsocome from the director.
f. Monitoring. The owner/agent shall conductbacterial monitoring for any spill greaterthan 100 gallons or when public health maybe threatened in accordance with section 8.Monitoring is not required if theowner/agent demonstrates that the spill wasR-1 water and that BMPs as approved by thedirector were implemented.
g. Reporting. The owner/agent shall report tothe CWB under section 9.a.
3. Spills into state waters of R-1 water fromrecycled water systems
a. Applicability. Any spills of R-1 watercovered by Appendix J to HAR chapter 11-55,"NPDES General Permit Authorizing Dischargesof R-1 Water from Recycled Water Systems."(1) "State waters" has the same meaning
defined in HRS section 342D-1, andincludes drainage ditches, whether ornot water is always flowing in them.
(2) Exclusion. The general permit does notcover spills from treatment works.
b. Requirements. Among other things, thegeneral permit requires filing a Notice ofIntent before any discharge, compliance withstandard conditions in appendix A of chapter11-55, implementation of best managementpractices (BMPs), monitoring of discharges,avoiding violations of water qualitycriteria, and specified reporting. The full
CHAPTER 11-62 APPENDIX B
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statement of requirements appears in thegeneral permit.
4. Spills to ground only - with public access
a. Applicability. Any wastewater spill from awastewater system onto the ground and thatdoes not enter state waters but is in anarea which is or may be accessible to thepublic.(1) In this appendix, the public includes
hotel, apartment, and condominiumresidents and guests, or condominiumapartment owners at their owncondominium, and management personneland building or facility staff, unlessthe person is specifically an operatorof the wastewater system or a managerof the property.
(2) In this appendix, areas inaccessible tothe public include areas:(a) Confined within a fenced or
walled (six foot high withlocked gate or door) area; and
(b) Contact with the spill islimited to wastewater systemoperating personnel andmanagement personnel for theproperty owner or lessee.
(3) Exclusion. Spills of R-1 water providedthe owner/agent demonstrates that thespill was of R-1 water and that BMPs asapproved by the director wereimplemented.
b. Immediate notice to DOH. If a spill of athousand gallons or more occurs duringworking hours:
CHAPTER 11-62 APPENDIX B
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(1) On Oahu, the wastewater systemowner/agent shall immediately notifythe WWB; or
(2) On the neighbor islands, theowner/agent shall immediately notifytheir respective district EHP chief.
If a spill of a thousand gallons or moreoccurs during non-working hours:(1) Contact the state hospital operator;
and(2) The next working day notify the WWB or
on the neighbor islands, the respectivedistrict EHP chief with a follow-upcall.
c. Press release. The owner/agent shallimmediately send out a press release forspills of a thousand gallons or more, andfor lesser spills if they present asubstantial threat to public health. Apress release shall comply with section 7.
d. Disinfection. The owner/agent shalldisinfect the wastewater that is spilledonto the ground if the wastewater remainsponded on the ground for any sufficientlength of time or if the discharge continuesfor any significant duration. Disinfectionis not required if the owner/agentdemonstrates that the spill was R-2 waterand that BMPs as approved by the directorwere implemented.
e. Warning signs. The owner/agent shallimmediately post warning signs in thevicinity of the spill area.
f. Clean up. All spill sites shall be clearedof all debris and standing wastewater, anddisinfected pursuant to section 4.d.
CHAPTER 11-62 APPENDIX B
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In areas containing standing wastewaterwhich cannot be removed, the owner/agentshall limit public access by havingbarricades or other means.
g. Reporting. The owner/agent of a public orprivate wastewater system shall report tothe WWB as follows:(1) For spills of a thousand gallons or
more, the owner/agent shall report tothe WWB under section 9.a.
(2) For spills less than a thousandgallons, immediate notice and reportingare not required. A tabulated summaryof all spills less than a thousandgallons each shall be submitted to theWWB on a quarterly basis in accordancewith section 9.b.
(3) Exfiltration. Reporting of leaks orbreaks in pipelines discovered duringinflow/infiltration repair work is notrequired. These situations areconsidered exfiltration.
5. Spills to ground only - with no public access
a. Applicability. All wastewater spills fromany public or private wastewater system thatdoes not enter state waters and are in areasinaccessible to the public.(1) The public and inaccessibility are
described in section 4.a.(2) Exclusion. Spills of R-1 water provided
the owner/agent demonstrates the spillwas of R-1 water and that BMPs asapproved by the director wereimplemented.
b. Immediate notice to DOH. If a spill of athousand gallons or more, and for spillsoccurring more than twice within a 12 month
CHAPTER 11-62 APPENDIX B
62-C-8
period within the confines or fence line ofa wastewater system, the owner/agent shallnotify the WWB within 24 hours.
c. Reporting. For spills of a thousand gallonsor more, and for spills occurring more thantwice within a 12 month period within theconfines or fence line of a wastewatersystem, the owner/agent shall report to theWWB under section 9.a.
d. Recording. The owner/agent shall record andtabulate the date and time of the spill, theamount released, the cause(s) for the spill,clean up efforts, and remedial actions takento prevent future spills for all spillsgreater than 50 gallons as they happen. Theowner/agent shall keep the records andtabulations on site and make the records andtabulation available to the director forinspection and copying.
CHAPTER 11-62 APPENDIX B
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6. Spills to ground only - R-1 and RO water only
a. Applicability. Spills of R-1 or RO waterprovided the owner/agent demonstrates thespill was of R-1 or RO water and that BMPsas approved by the director wereimplemented.
b. Notice to DOH.(1) For spills of a thousand gallons or
more occurs, the wastewater systemowner/agent shall notify the WWB atleast by phone by the end of the nextworking day. The notice shall providethe information required by section6.d(1), below.
(2) For spills of less than a thousandgallons, but more than fifty gallons,next day notice is not required, butthe wastewater system owner/agent shallrecord the information and report asrequired by section 6.d.
c. Warning signs. For spills greater thanfifty gallons, the owner/agent shallimmediately post warning signs in thevicinity of the spill area.
d. Reporting. The owner/agent of a wastewatersystem shall report in writing to the WWB asfollows:(1) Information of each spill shall include
at least the spill's date, time,location, quantity, the reason for thespill, and any corrective action.
(2) For spills more than fifty gallons, atabulated summary shall be submitted tothe WWB each year with the summaryreport required by section 11-62-28.
CHAPTER 11-62 APPENDIX B
62-C-10
7. Press release
The press release shall describe the location ofthe spill, the amount of wastewater released,what caused the spill, and what is being done tocorrect the situation. Also, include a contactperson and telephone number (including an afterhours/weekend contact). At a minimum, the pressrelease shall be faxed or telephoned to thefollowing:
a. Associated Press (for radio dissemination);b. Major statewide and island newspapers;c. Major television news stations;d. Department of Health, Communications Office,
Oahue. CWB if into state waters, otherwise WWB; andf. For neighbor island spills, also include
faxing the press release to the respectiveisland DHOs.
8. Monitoring of state waters
Monitoring shall begin as soon as possible and beconducted in the receiving water area affected bythe spill. Bacterial monitoring is not requiredif the owner/agent demonstrates that the spillwas of R-1 water and that BMPs as approved by thedirector were implemented.
For spills entering fresh or brackish waters, thebacterial monitoring shall consist of samplingfor the following indicator organisms:
a. Enterococci; andb. Clostridium perfringens.
For spills entering marine waters, the bacterialmonitoring shall consist of sampling for thefollowing indicator organisms:
CHAPTER 11-62 APPENDIX B
62-C-11
a. Enterococci; andb. Clostridium perfringens.
Results of the bacterial monitoring shall besubmitted to the director in care of the CWBimmediately. Monitoring shall continue untilnotification to stop is received from thedirector. With the approval of the director, ona case by case situation, some protocolrequirements such as sampling or sign posting maybe waived.
The director shall also be informed of thesampling stations and may modify the number ofstations and site selection.
The director may require additional bacterialmonitoring by the owner/agent to supplement theirexisting monitoring program, as may be necessaryor appropriate.
9. Reporting
a. When required above, the owner/agent shallsubmit a written report of the details ofthe spill within five (5) calendar days ofthe incident to the director in care of theCWB or WWB as applicable. The director maywaive the five day written reportingrequirement on a case by case basis providedthat the director receives a request forwaiver prior to the due date of the report.
The report shall include the date and timeof the spill, the amount released, thecause(s) of the spill, location where thespill entered state waters (storm drains,ditches, streams, etc.), clean up efforts,remedial actions to prevent future spills, asummary of the monitoring data, a map of the
CHAPTER 11-62 APPENDIX B
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sampling locations and public notificationprocedures if applicable.
b. For spills not reported under section 9.a.and when required above, the owner/agentshall tabulate the following information:the date and time of the spill, the amountreleased, the cause(s) for the spill, cleanup efforts, and remedial actions taken toprevent future spills. The owner/agentshall submit each quarter's tabulation tothe WWB within 30 days after the quarter.
10. Modifications by the director
With the approval or under the direction of thedirector, response requirements may be increased,changed, reduced, or eliminated. For example,the director may require the owner/agent to postadditional Warning Signs as needed or may assistin the removal of warning signs.
CHAPTER 11-62 APPENDIX C
62-C-1
FALLING HEAD TEST PROCEDURE
July 1, 2014
A. Preparing Percolation Test Hole(s)1. Dig or bore a hole, four to twelve inches in
diameter with vertical walls to theapproximate depth of the soil absorptionsystem (bottom of trench or bed).
2. Scratch the side wall and bottom to removeany smeared soil and remove loose material.
3. Place one inch of coarse sand or gravel onbottom to protect bottom from scouringaction when the water is added.
B. Determine Percolation Rate1. If soil is mostly clay, go to step D.2. Place twelve inches of water in hole and
determine time to seep away. Record thistime on the site evaluation form.
3. Repeat step B.2. above. Also record thistime on the site evaluation form.
4. If the time of the second test is less thanten minutes go to step C, if not skip tostep D.
C. Sandy (granular) Soils1. Establish a fixed reference point, add water
to six inches above gravel and measure waterlevel drops every ten minutes for 1 hour.
2. Use a shorter time interval if first sixinches seeps away in ten minutes or less.
3. After each measurement, the water level isreadjusted to the six inch level. At notime during the test is the water levelallowed to rise more than the six inchesabove the gravel.
4. Record time intervals and water drops onsite evaluation form.
5. Use final water level drop interval tocalculate percolation rate. (step F)
CHAPTER 11-62 APPENDIX C
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D. Other soils (non-granular, e.g. silt, loams andclays)1. Maintain at least twelve inches of water in
the hole for at least four hours to presoaksoil.
2. Do not remove water remaining after fourhours.
3. Permit soil to swell at least twelve hours.(Dry clayey soils should be soaked andpermitted to swell for longer periods toobtain stabilized percolation rates).
4. After swelling, remove loose material on topof gravel.
5. Use fixed reference point, adjust waterlevel to six inches above gravel and measurewater level drop.
6. If the first six inches of water seeps awayin less than thirty minutes, measure waterlevel drops every ten-minutes and run forone hour.
7. If the first six inches of water takeslonger than thirty minutes to seeps away,use thirty minute time intervals for fourhours or until two successive drops do notvary by more than one-sixteenth inch(stabilized rate).
8. After each measurement, the water level isreadjusted to the six inch level. At notime during the test is the water levelallowed to rise more than the six inchesabove the gravel.
9. Record time intervals and water drops onsite evaluation form.
10. Use final water level drop interval tocalculate percolation rate. (step F)
F. Use final drop interval to calculate percolationrate and record on site evaluation form:
Time Interval
Water Level Drop = Perc rate
CHAPTER 11-62 APPENDIX D - TABLES
62-D-1
TABLE IJuly 1, 2014
Type of EstablishmentAirports (per passenger)Camps:
Campground with central comfort stationsWith flush toilets, no showersConstruction camps (semi-permanent)Day camps (no meals served)Resort camps (night and day) with limited plumbingLuxury camps
ChurchWith kitchenWithout kitchen
Cottages and small dwellings with seasonal occupancy (2persons per bedroom minimum)
Country clubs (per resident member)Country clubs (per non-resident member present)Dentist per chairDoctor per patientDwelling (2 persons per bedroom minimum)Factories (gallons per person, per shift, exclusive ofindustrial waste)Hair salons and barber shops,Barber shops (per chair)Beauty salons (per chair)Hospitals (per bed space)Hotels with private baths (2 person per bedroom minimum)Institutions other than hospitals (per bed space)Laundries, self-service (per machine)Mobile home parks (per space)Motels with bath, toilet, and kitchen waste (per bed space)Picnic parks (toilets wastes only) (per picnicker)Picnic parks with bathhouses, showers, and flush toiletsRestaurants
Per day per seatPer meal without public restroomsPer meal served with toiletsAdditional kitchen wastes per take out mealsAdditional for bars and cocktail lounges, per seatSchools:BoardingDay, without gyms, cafeteria, or showersDay, with gyms, cafeteria, and showersDay, with cafeteria, but without gyms or showers
Service station (per vehicle served)Swimming pools and bathhousesTheaters:
Movie (per auditorium seat)Drive-in (per car space)
Workers (in addition to above):Construction (at semi-permanent camps)Day, at schools and offices (per shift)Employee (per shift)
GallonsPer Person Per Day (Unless
Otherwise Noted)5
3225501550100
105
100100252005100
35
5012525010012530025060550
50510315
1001525201010
55
502020
CHAPTER 11-62 APPENDIX D - TABLES
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TABLE IIJuly 1, 2014
MinimumHorizontalDistanceFrom
Wall line of anystructure orbuilding
Property line
Stream, the oceanat theshorelinecertification,pond, lake, orother surfacewater body
Large trees
Treatment unit
Seepage pit
Cesspool
Soil absorptionsystem
Potable watersources servingpublic watersystems
Cesspool(ft)
5
9
50
10
5
18
18
5
1000
TreatmentUnit(ft)
5
5
50
5
5
5
5
5
500
SeepagePit(ft)
5
9
50
10
5
12
18
5
1000
SoilAbsorptionSystem(ft)
5
5
50
10
5
5
5
5
1000
CHAPTER 11-62 APPENDIX D - TABLES
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TABLE IIIJuly 1, 2014
Percolation Rate(min/inch) Lessthan or equal to
RequiredAbsorption Area(ft2/bedroom or200 gallons)
Percolation Rate(min/inch) Lessthan or equal to
RequiredAbsorption Area(ft2/bedroom or200 gallons)
1 70 31 2532 85 32 2573 100 33 2604 115 34 2635 125 35 2676 133 36 2707 141 37 2738 149 38 2779 157 39 28010 165 40 28311 170 41 28712 175 42 29013 180 43 29314 185 44 29715 190 45 30016 194 46 30217 198 47 30418 202 48 30619 206 49 30820 210 50 31021 214 51 31222 218 52 31423 222 53 31624 226 54 31825 230 55 32026 234 56 32227 238 57 32428 242 58 32629 246 59 32830 250 60 330
CHAPTER 11-62 APPENDIX D - TABLES
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TABLE IVJuly 1, 2014
PollutantPollutant Ceiling
Concentration Limit (dryweight basis, mg/kg)
Arsenic 20Cadmium 15Chromium 200Copper 1500Lead 300Mercury 10Molybdenum 25Nickel 100Selenium 25Zinc 2000
TABLE VJuly 1, 2014
Amount of Wastewater Sludge (MetricTon per 365 day period, dry weightbasis)
Frequency
Greater than zero but less than 290 Once per yearEqual to or greater than 290 butless than 1500
Once per quarter
Equal to or greater than 1500 butless than 15,000
Once per 60 days
Equal to or greater than 15,000 Once per month
Amount of Wastewater Sludge (EnglishTon per 365 day period, dry weightbasis)
Frequency
Greater than zero but less than 320 Once per yearEqual to or greater than 320 butless than 1650
Once per quarter
Equal to or greater than 1650 butless than 16,500
Once per 60 days
Equal to or greater than 16,500 Once per month
CHAPTER 11-62 APPENDIX D - TABLES
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TABLE VIJuly 1, 2014
Horizontal Distance From FeetWaters of the United States, state waters,the ocean at the vegetation line, or anyother surface water body 50Property line 50Occupied building or dwelling 500Potable water source serving public watersystems 1000
TABLE VIIJuly 1, 2014
PollutantPollutant Ceiling
Concentration Limit (dryweight basis, mg/kg)
Arsenic 20Chromium 200Nickel 100
CHAPTER 11-62 APPENDIX E
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CHAPTER 11-62 FORM ACERTIFICATION FORM - LAND APPLICATION
July 1, 2014
Instructions:
1. Each form must be signed and dated to be valid.2. The certifier shall print or type his name below
the signature line and print or type thecertifier's title, if any, where indicated.
3. When the certifier checks a box or fills in aline other than the signature or date lines, thecertifier shall initial below the check or theline, unless the certifier uses preprintedversions of the form which delete the boxes andlines which must be initialed.
[ ] For preparers only, I certify, under penalty oflaw, that:
[ ] 1. The pollutant concentration ceilinglimits in Table IV of chapter 11-62,HAR have been met.
[ ] 2. The following pathogen requirementshave been met:
[ ] a. The Class A pathogenrequirements of §11-62-46(a), HAR, specifically§11-62-46(a) (_____); or
[ ] b. The Class B pathogenrequirements of 40 CFR§503.32 (b),specifically§503.32(b) ( ) andnotification each landowner and land applierof wastewater sludgewhich I have prepared,of the spacing and siterestrictions in §11-62-43(g), HAR; and the
CHAPTER 11-62 APPENDIX E
62-E-2
management requirementsin §11-62-43(h), HAR.
[ ] 3. Vector attraction reduction:[ ] a. One of the vector attraction
reduction requirementsin 40 CFR §503.33(b) (1)through (8), has beenmet, specifically§503.33(b) (____); or
[ ] b. I have not met the one of therequirements of 40 CFR§503.33(b) (1) through(b) (8), and I informedthe land applier and theowner of the landapplication site thatone of the vectorattraction reductionrequirements in 40 CFR§503.33(b) (9) or (b) (10)must be met;
[ ] For appliers of wastewater sludge only, Icertify, under penalty of law, that:
[ ] 4. One of the vector attraction reductionrequirements in 40 CFR §503.33(b) (9) or(b) (10) has been met, specifically§503.33(b) (____);
[ ] 5. The spacing and site restrictions in§11-62-43(g) have been met; and
[ ] 6. The management requirements in §11-62-43(h), HAR have been met.
[ ] For appliers of septage only, I certify, underpenalty of law, that:
[ ] 7. One of the pathogen requirements in 40CFR §503.32(c) (1) or (c) (2) has beenmet, specifically §503.32(c) (____);
CHAPTER 11-62 APPENDIX E
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[ ] 8. One of the vector attractionreduction requirements in 40 CFR§503.33(b) (9), (b) (10), or (b) (12)has been met, specifically §503.33(b)(____);
[ ] 9. The spacing and site restrictions in§11-62-44(g), HAR have been met; and
[ ] 10. The management requirements in §11-62-44(h), HAR have been met.
I certify, under penalty of law, that the informationthat will be used to determine compliance with theforegoing requirements was prepared under my directionand supervision in accordance with the system designedto ensure that qualified personnel properly gather andevaluate this information. I am aware that there aresignificant penalties for false certificationincluding the possibility of fine and imprisonment.
Date Name
Title: