HAR §11-62-57.03. and general permittees are also subject to §11-62-55

03. 24. Availability of reports. Except for data determined to be confidential under HRS §342D-14, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the director. As required by this rule, permit applications, permits, and effluent and wastewater sludge data shall not be considered confidential. 62-A-10 3176 44 # CHAPTER 11-62 APPENDIX A 25. Civil and criminal liability. Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 26. State law. Nothing in this permit shall be constructed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation. 27. Severability. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, if held invalid, the application of such provision to other circumstances, and remainder of this permit, shall not be affected thereby. 62-A-11 3176 # CHAPTER 11-62 APPENDIX B # RESPONSES FOR WASTEWATER SPILLS, OVERFLOWS, AND DISCHARGES ("SPILLS") July 1, 2014 Table of contents 1. Points of contact 2. Spills into state waters, excluding R-1 water from recycled water systems 3. Spills into state waters of R-1 water from recycled water system 4. Spills to ground only - with public access 5. Spills to ground only - with no public access 6. Spills to ground only - R-1 and RO water only 7. Press release 8. Monitoring of state water 9. Reporting 10. Modifications by the director 62-B-1 13176 # CHAPTER 11-62 APPENDIX B # 1. Points of contact | Agency | Phone | Fax | | --- | --- | --- | | Clean Water Branch (CWB) | 586-4309 | 586-4352 | | Wastewater Branch (WWB) | 586-4294 | 586-4352 | | Environmental Health Programs (EHP) | | | | Hawaii District Health Office | 933-4371 | 933-4669 | | Kauai District Health Office | 241-3323 | 241-3480 | | Maui District Health Office | 984-8234 | 984-8237 | | State Hospital Operator (SHO) | 247-2191 | | | Communications Office | | 586-4444 | # 2. Spills from any facility into state waters, excluding R-1 water from recycled water systems a. Applicability. Any wastewater spill which enters into state waters from a public or private wastewater system. (1) "State waters" has the meaning defined in HRS section 341-D, and includes drainage ditches, whether or not water is always flowing in them. (2) Exclusion. Spill of R-1 water covered by Appendix J to HAR chapter 11-5, "NPDES General Permit Authorizing Discharges of R-1 Water from Recycled Water Systems". That general permit does not cover spills from treatment works. b. Immediate notice to DOH. If a spill occurs during working hours: (1) The wastewater system owner or its agent (owner/agent) shall immediately notify the CWB of any spill into state waters; and (2) If a spill occurs on the neighbor islands, the owner/agent shall also immediately notify their respective 62-B-2 3176 # CHAPTER 11-62 APPENDIX B district environmental health program chief. If a spill occurs during non-working hours: (1) Contact the state hospital operator; and (2) The next working day notify the CWB and the respective district EHP chief with a follow-up call. c. Press Release. The owner/agent shall immediately send out a press release for spills of a thousand gallons or more and for lesser spills if they present a substantial threat to public health. A press release shall comply with section 7. A press release is not required if the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. d. Disinfection. The owner/agent shall disinfect wastewater which is continuously being spilled into nearshore waters if sufficient disinfection contact time is available. Best judgment should be used in determining the amount of chlorine added to the discharge if chlorine is used as a disinfectant. Disinfection is not required if the owner/agent demonstrates that the spill was either R-1 or R-2 water and that BMPs as approved by the director were implemented. e. Warning signs. The owner/agent shall immediately post warning signs in the area(s) likely to be affected by the spill and where public access is possible. Posting of warning signs is not required if the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. 62-B-3 3176 J # CHAPTER 11-62 APPENDIX B The director shall also assure that a sufficient number of warning signs have been posted and the locations are adequate. Authorization to remove the signs shall also come from the director. f. Monitoring. The owner/agent shall conduct bacterial monitoring for any spill greater than 100 gallons or when public health may be threatened in accordance with section 8. Monitoring is not required if the owner/agent demonstrates that the spill was R-1 water and that BMPs as approved by the director were implemented. g. Reporting. The owner/agent shall report to the CWB under section 9.a. # 3. Spills into state waters of R-1 water from recycled water systems a. Applicability. Any spills of R-1 water covered by Appendix J to HAR chapter 11-55, "NPDES General Permit Authorizing Discharges of R-1 Water from Recycled Water Systems." (1) "State waters" has the same meaning defined in HRS section 342D-1, and includes drainage ditches, whether or not water is always flowing in them. (2) Exclusion. The general permit does not cover spills from treatment works. b. Requirements. Among other things, the general permit requires filing a Notice of Intent before any discharge, compliance with standard conditions in appendix A of chapter 11-55, implementation of best management practices (BMPs), monitoring of discharges, avoiding violations of water quality criteria, and specified reporting. The full 62-B-4 3176 # CHAPTER 11-62 APPENDIX B statement of requirements appears in the general permit. # 4. Spills to ground only - with public access a. Applicability. Any wastewater spill from a wastewater system onto the ground and that does not enter state waters but is in an area which is or may be accessible to the public. (1) In this appendix, the public includes hotel, apartment, and condominium residents and guests, or condominium apartment owners at their own condominium, and management personnel and building or facility staff, unless the person is specifically an operator of the wastewater system or a manager of the property. (2) In this appendix, areas inaccessible to the public include areas: (a) Confined within a fenced or walled (six foot high with locked gate or door) area; and (b) Contact with the spill is limited to wastewater system operating personnel and management personnel for the property owner or lessee. (3) Exclusion. Spills of R-1 water provided the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. b. Immediate notice to DOH. If a spill of a thousand gallons or more occurs during working hours: 62-B-5 13176 1 # CHAPTER 11-62 APPENDIX B (1) On Oahu, the wastewater system owner/agent shall immediately notify the WWB; or (2) On the neighbor islands, the owner/agent shall immediately notify their respective district EHP chief. If a spill of a thousand gallons or more occurs during non-working hours: (1) Contact the state hospital operator; and (2) The next working day notify the WWB or on the neighbor islands, the respective district EHP chief with a follow-up call. c. Press release. The owner/agent shall immediately send out a press release for spills of a thousand gallons or more, and for lesser spills if they present a substantial threat to public health. A press release shall comply with section 7. d. Disinfection. The owner/agent shall disinfect the wastewater that is spilled onto the ground if the wastewater remains ponded on the ground for any sufficient length of time or if the discharge continues for any significant duration. Disinfection is not required if the owner/agent demonstrates that the spill was R-2 water and that BMPs as approved by the director were implemented. e. Warning signs. The owner/agent shall immediately post warning signs in the vicinity of the spill area. f. Clean up. All spill sites shall be cleared of all debris and standing wastewater, and disinfected pursuant to section 4.d. 62-B-6 13176 # CHAPTER 11-62 APPENDIX B In areas containing standing wastewater which cannot be removed, the owner/agent shall limit public access by having barricades or other means. g. Reporting. The owner/agent of a public or private wastewater system shall report to the WWB as follows: (1) For spills of a thousand gallons or more, the owner/agent shall report to the WWB under section 9.a. (2) For spills less than a thousand gallons, immediate notice and reporting are not required. A tabulated summary of all spills less than a thousand gallons each shall be submitted to the WWB on a quarterly basis in accordance with section 9.b. (3) Exfiltration. Reporting of leaks or breaks in pipelines discovered during inflow/infiltration repair work is not required. These situations are considered exfiltration. # 5. Spills to ground only - with no public access a. Applicability. All wastewater spills from any public or private wastewater system that does not enter state waters and are in areas inaccessible to the public. (1) The public and inaccessibility are described in section 4.a. (2) Exclusion. Spills of R-1 water provided the owner/agent demonstrates the spill was of R-1 water and that BMPs as approved by the director were implemented. b. Immediate notice to DOH. If a spill of a thousand gallons or more, and for spills over 50 gallons occurring more than twice 62-B-7 3176 11 CHAPTER 11-62 APPENDIX B within a 12 month, from the same cause and/or location, period within the confines or fence line of a wastewater system, the owner/agent shall notify the WWB within 24 hours. c. Reporting. For spills of a thousand gallons or more, and for spills over 50 gallons occurring more than twice within a 12 month period, from the same cause and/or location, within the confines or fence line of a wastewater system, the owner/agent shall report to the WWB under section 9.a. d. Recording. The owner/agent shall record and tabulate the date and time of the spill, the amount released, the cause(s) for the spill, clean up efforts, and remedial actions taken to prevent future spills for all spills greater than 50 gallons as they happen. The owner/agent shall keep the records and tabulations on site and make the records and tabulation available to the director for inspection and copying. 62-B-8 13176 CHAPTER 11-62 APPENDIX B # 6. Spills to ground only - R-1 and RO water only a. Applicability. Spills of R-1 or RO water provided the owner/agent demonstrates the spill was of R-1 or RO water and that BMPs as approved by the director were implemented. b. Notice to DOH. (1) For spills of a thousand gallons or more occurs, the wastewater system owner/agent shall notify the WWB at least by phone by the end of the next working day. The notice shall provide the information required by section 6.d(1), below. (2) For spills of less than a thousand gallons, but more than fifty gallons, next day notice is not required, but the wastewater system owner/agent shall record the information and report as required by section 6.d. c. Warning signs. For spills greater than fifty gallons, the owner/agent shall immediately post warning signs in the vicinity of the spill area. d. Reporting. The owner/agent of a wastewater system shall report in writing to the WWB as follows: (1) Information of each spill shall include at least the spill's date, time, location, quantity, the reason for the spill, and any corrective action. (2) For spills more than fifty gallons, a tabulated summary shall be submitted to the WWB each year with the summary report required by section 11-62-28. 62-B-9 3176 CHAPTER 11-62 APPENDIX B # 7. Press release The press release shall describe the location of the spill, the amount of wastewater released, what caused the spill, and what is being done to correct the situation. Also, include a contact person and telephone number (including an after hours/weekend contact). At a minimum, the press release shall be faxed, emailed or telephoned to the following: a. Associated Press (for radio dissemination); b. Major statewide and island newspapers; c. Major television news stations; d. Department of Health, Communications Office, Oahu e. CWB if into state waters, otherwise WWB; and f. For neighbor island spills, also include faxing the press release to the respective island DHOs. # 8. Monitoring of state waters Monitoring shall begin as soon as possible and be conducted in the receiving water area affected by the spill. Bacterial monitoring is not required if the owner/agent demonstrates that the spill was of R-1 water and that BMPs as approved by the director were implemented. For spills entering fresh or brackish waters, the bacterial monitoring shall consist of sampling for the following indicator organisms: a. Enterococci; and b. Clostridium perfringens. For spills entering marine waters, the bacterial monitoring shall consist of sampling for the following indicator organisms: 62-B-10 13176 # CHAPTER 11-62 APPENDIX B a. Enterococci; and b. Clostridium perfringens. Results of the bacterial monitoring shall be submitted to the director in care of the CWB immediately. Monitoring shall continue until notification to stop is received from the director. With the approval of the director, on a case by case situation, some protocol requirements such as sampling or sign posting may be waived. The director shall also be informed of the sampling stations and may modify the number of stations and site selection. The director may require additional bacterial monitoring by the owner/agent to supplement their existing monitoring program, as may be necessary or appropriate. # 9. Reporting a. When required above, the owner/agent shall submit a written report of the details of the spill within five (5) working days of the incident to the director in care of the CWB or WWB as applicable. The director may waive the five day written reporting requirement on a case by case basis provided that the director receives a request for waiver prior to the due date of the report. The report shall include the date and time of the spill, the amount released, the cause(s) of the spill, location where the spill entered state waters (storm drains, ditches, streams, etc.), clean up efforts, remedial actions to prevent future spills, a summary of the monitoring data, a map of the 62-B-11 3176 14 # CHAPTER 11-62 APPENDIX B sampling locations and public notification procedures if applicable. b. For spills not reported under section 9.a. and when required above, the owner/agent shall tabulate the following information: the date and time of the spill, the amount released, the cause(s) for the spill, clean up efforts, and remedial actions taken to prevent future spills. The owner/agent shall submit each quarter's tabulation to the WWB within 30 days after the quarter. # 10. Modifications by the director With the approval or under the direction of the director, response requirements may be increased, changed, reduced, or eliminated. For example, the director may require the owner/agent to post additional Warning Signs as needed or may assist in the removal of warning signs. 62-B-12 3176 # CHAPTER 11-62 APPENDIX C # FALLING HEAD TEST PROCEDURE July 1, 2014 A. Preparing Percolation Test Hole(s) 1. Dig or bore a hole, four to twelve inches in diameter with vertical walls to the approximate depth of the soil absorption system (bottom of trench or bed). 2. Scratch the side wall and bottom to remove any smeared soil and remove loose material. 3. Place one inch of coarse sand or gravel on bottom to protect bottom from scouring action when the water is added. B. Determine Percolation Rate 1. If soil is mostly clay, go to step D. 2. Place twelve inches of water in hole and determine time to seep away. Record this time on the site evaluation form. 3. Repeat step B.2. above. Also record this time on the site evaluation form. 4. If the time of the second test is less than ten minutes go to step C, if not skip to step D. C. Sandy (granular) Soils 1. Establish a fixed reference point, add water to six inches above gravel and measure water level drops every ten minutes for 1 hour. 2. Use a shorter time interval if first six inches seeps away in ten minutes or less. 3. After each measurement, the water level is readjusted to the six inch level. At no time during the test is the water level allowed to rise more than the six inches above the gravel. 4. Record time intervals and water drops on site evaluation form. 5. Use final water level drop interval to calculate percolation rate. (step F) 62-C-1 3176 1d4 CHAPTER 11-62 APPENDIX C D. Other soils (non-granular, e.g. silt, loams and clays) 1. Maintain at least twelve inches of water in the hole for at least four hours to presoak soil. 2. Do not remove water remaining after four hours. 3. Permit soil to swell at least twelve hours. (Dry clayey soils should be soaked and permitted to swell for longer periods to obtain stabilized percolation rates). 4. After swelling, remove loose material on top of gravel. 5. Use fixed reference point, adjust water level to six inches above gravel and measure water level drop. 6. If the first six inches of water seeps away in less than thirty minutes, measure water level drops every ten-minutes and run for one hour. 7. If the first six inches of water takes longer than thirty minutes to seeps away, use thirty minute time intervals for four hours or until two successive drops do not vary by more than one-sixteenth inch (stabilized rate). 8. After each measurement, the water level is readjusted to the six inch level. At no time during the test is the water level allowed to rise more than the six inches above the gravel. 9. Record time intervals and water drops on site evaluation form. 10. Use final water level drop interval to calculate percolation rate. (step F) F. Use final drop interval to calculate percolation rate and record on site evaluation form: $$\frac{\text{Time Interval}}{\text{Water Level Drop}} = \text{Perc rate}$$ 62-C-2 B176 # CHAPTER 11-62 APPENDIX D - TABLES TABLE I July 1, 2014 | Type of Establishment | Gallons Per Person Per Day (Unless Otherwise Noted) | | --- | --- | | Airports (per passenger) | 5 | | Camps: | | | Campground with central comfort stations | 32 | | With flush toilets, no showers | 25 | | Construction camps (semi-permanent) | 50 | | Day camps (no meals served) | 15 | | Resort camps (night and day) with limited plumbing | 50 | | Luxury camps | 100 | | Church | | | With kitchen | 10 | | Without kitchen | 5 | | Cottages and small dwellings with seasonal occupancy (2 persons per bedroom minimum) | 100 | | Country clubs (per resident member) | 100 | | Country clubs (per non-resident member present) | 25 | | Dentist per chair | 200 | | Doctor per patient | 5 | | Dwelling (2 persons per bedroom minimum) | 100 | | Factories (gallons per person, per shift, exclusive of industrial waste) | 35 | | Hair salons and barber shops, | | | Barber shops (per chair) | 50 | | Beauty salons (per chair) | 125 | | Hospitals (per bed space) | 250 | | Hotels with private baths (2 person per bedroom minimum) | 100 | | Institutions other than hospitals (per bed space) | 125 | | Laundries, self-service (per machine) | 300 | | Mobile home parks (per space) | 250 | | Hotels with bath, toilet, and kitchen waste (per bed space) | 60 | | Picnic parks (toilets wastes only) (per picnicker) | 5 | | Picnic parks with bathhouses, showers, and flush toilets | 50 | | Restaurants | | | Per day per seat | 50 | | Per meal without public restrooms | 5 | | Per meal served with toilets | 10 | | Additional kitchen wastes per take out meals | 3 | | Additional for bars and cocktail lounges, per seat | 15 | | Schools: | | | Boarding | 100 | | Day, without gyms, cafeteria, or showers | 15 | | Day, with gyms, cafeteria, and showers | 25 | | Day, with cafeteria, but without gyms or showers | 20 | | Service station (per vehicle served) | 10 | | Swimming pools and bathhouses | 10 | | Theaters: | | | Movie (per auditorium seat) | 5 | | Drive-in (per car space) | 5 | | Workers (in addition to above): | | | Construction (at semi-permanent camps) | 50 | | Day, at schools and offices (per shift) | 20 | | Employee (per shift) | 20 | 62-D-1 B176 11 # CHAPTER 11-62 APPENDIX D - TABLES TABLE II July 1, 2014 | Minimum Horizontal Distance From | Cesspool (ft) | Treatment Unit (ft) | Seepage Pit (ft) | Soil Absorption System (ft) | | --- | --- | --- | --- | --- | | Wall line of any structure or building | 5 | 5 | 5 | 5 | | Property line | 9 | 5 | 9 | 5 | | Stream, the ocean at the shoreline certification, pond, lake, or other surface water body | 50 | 50 | 50 | 50 | | Large trees | 10 | 5 | 10 | 10 | | Treatment unit | 5 | 5 | 5 | 5 | | Seepage pit | 18 | 5 | 12 | 5 | | Cesspool | 18 | 5 | 18 | 5 | | Soil absorption system | 5 | 5 | 5 | 5 | | Potable water sources serving public water systems | 1000 | 500 | 1000 | 1000 | 62-D-2 3176 # CHAPTER 11-62 APPENDIX D - TABLES TABLE III July 1, 2014 | Percolation Rate (min/inch) Less than or equal to | Required Absorption Area (ft2/bedroom or 200 gallons) | Percolation Rate (min/inch) Less than or equal to | Required Absorption Area (ft2/bedroom or 200 gallons) | | --- | --- | --- | --- | | 1 | 70 | 31 | 253 | | 2 | 85 | 32 | 257 | | 3 | 100 | 33 | 260 | | 4 | 115 | 34 | 263 | | 5 | 125 | 35 | 267 | | 6 | 133 | 36 | 270 | | 7 | 141 | 37 | 273 | | 8 | 149 | 38 | 277 | | 9 | 157 | 39 | 280 | | 10 | 165 | 40 | 283 | | 11 | 170 | 41 | 287 | | 12 | 175 | 42 | 290 | | 13 | 180 | 43 | 293 | | 14 | 185 | 44 | 297 | | 15 | 190 | 45 | 300 | | 16 | 194 | 46 | 302 | | 17 | 198 | 47 | 304 | | 18 | 202 | 48 | 306 | | 19 | 206 | 49 | 308 | | 20 | 210 | 50 | 310 | | 21 | 214 | 51 | 312 | | 22 | 218 | 52 | 314 | | 23 | 222 | 53 | 316 | | 24 | 226 | 54 | 318 | | 25 | 230 | 55 | 320 | | 26 | 234 | 56 | 322 | | 27 | 238 | 57 | 324 | | 28 | 242 | 58 | 326 | | 29 | 246 | 59 | 328 | | 30 | 250 | 60 | 330 | 62-D-3 3176 # CHAPTER 11-62 APPENDIX D - TABLES TABLE IV July 1, 2014 | Pollutant | Pollutant Ceiling Concentration Limit (dry weight basis, mg/kg) | | --- | --- | | Arsenic | 20 | | Cadmium | 15 | | Chromium | 200 | | Copper | 1500 | | Lead | 300 | | Mercury | 10 | | Molybdenum | 25 | | Nickel | 420 | | Selenium | 25 | | Zinc | 2000 | TABLE V July 1, 2014 | Amount of Wastewater Sludge (Metric Ton per 365 day period, dry weight basis) | Frequency | | --- | --- | | Greater than zero but less than 290 | Once per year | | Equal to or greater than 290 but less than 1500 | Once per quarter | | Equal to or greater than 1500 but less than 15,000 | Once per 60 days | | Equal to or greater than 15,000 | Once per month | | | | | Amount of Wastewater Sludge (English Ton per 365 day period, dry weight basis) | Frequency | | Greater than zero but less than 320 | Once per year | | Equal to or greater than 320 but less than 1650 | Once per quarter | | Equal to or greater than 1650 but less than 16,500 | Once per 60 days | | Equal to or greater than 16,500 | Once per month | 62-D-4 B176 CHAPTER 11-62 APPENDIX D - TABLES TABLE VI July 1, 2014 | Horizontal Distance From | Feet | | --- | --- | | Waters of the United States, state waters, the ocean at the vegetation line, or any other surface water body | 50 | | Property line | 50 | | Occupied building or dwelling | 500 | | Potable water source serving public water systems | 1000 | TABLE VII July 1, 2014 | Pollutant | Pollutant Ceiling Concentration Limit (dry weight basis, mg/kg) | | --- | --- | | Arsenic | 20 | | Chromium | 200 | | Nickel | 420 | 62-D-5 B176 # CHAPTER 11-62 APPENDIX E CHAPTER 11-62 FORM A CERTIFICATION 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 the certifier's title, if any, where indicated. 3. When the certifier checks a box or fills in a line other than the signature or date lines, the certifier shall initial below the check or the line, unless the certifier uses preprinted versions of the form which delete the boxes and lines which must be initialed. [ ] For preparers only, I certify, under penalty of law, that: [ ] 1. The pollutant concentration ceiling limits in Table IV of chapter 11-62, HAR have been met. [ ] 2. The following pathogen requirements have been met: [ ] a. The Class A pathogen requirements of §11-62-46(a), HAR, specifically §11-62-46(a) (____); or [ ] b. The Class B pathogen requirements of 40 CFR §503.32 (b), specifically §503.32(b) (____) and notification each land owner and land applier of wastewater sludge which I have prepared, of the spacing and site restrictions in §11-62-43(g), HAR; and the 62-E-1 13176 # CHAPTER 11-62 APPENDIX E management requirements in §11-62-43(h), HAR. [ ] 3. Vector attraction reduction: [ ] a. One of the vector attraction reduction requirements in 40 CFR §503.33(b) (1) through (8), has been met, specifically §503.33(b) (____); or [ ] b. I have not met the one of the requirements of 40 CFR §503.33(b) (1) through (b) (8), and I informed the land applier and the owner of the land application site that one of the vector attraction reduction requirements in 40 CFR §503.33(b) (9) or (b) (10) must be met; [ ] For appliers of wastewater sludge only, I certify, under penalty of law, that: [ ] 4. One of the vector attraction reduction requirements in 40 CFR §503.33(b) (9) or (b) (10) has been met, specifically §503.33(b) (____); [ ] 5. The spacing and site restrictions in §11-62-43(g) have been met; and [ ] 6. The management requirements in §11-62- 43(h), HAR have been met. [ ] For appliers of septage only, I certify, under penalty of law, that: [ ] 7. One of the pathogen requirements in 40 CFR §503.32(c) (1) or (c) (2) has been met, specifically §503.32(c) (____); B176 62-E-2 # CHAPTER 11-62 APPENDIX E [ ] 8. One of the vector attraction reduction requirements in 40 CFR §503.33(b) (9), (b) (10), or (b) (12) has been met, specifically §503.33(b) (____); [ ] 9. The spacing and site restrictions in §11-62-44(g), HAR have been met; and [ ] 10. The management requirements in §11-62-44(h), HAR have been met. I certify, under penalty of law, that the information that will be used to determine compliance with the foregoing requirements was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment. Date Name Title: 62-E-3 3176 •