MEMO Proposed Amendments HAR 11 62001

1 Rules Amending Title 11 hawaii Administrative Rules()1. Chapter 62 of Title 11, HawaiiAdministrative Rules, entitled "Wastewater Systems" isamended and compiled to read as follows:" hawaii ADMINISTRATIVE RULESTITLE 11 DEPARTMENT OF HEALTHCHAPTER 62 WASTEWATER SYSTEMSS ubchapter 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wastewater advisory committee 11-62-05 Critical wastewater disposal areas(CWDA) 11-62-06 General requirements 11-62-07 Repealed for non-domesticwastewater 11-62-08 Other requirements for wastewatersystems 11-62-09 Public access to information 11-62-10 Public hearings and informationalmeetings 11-62-11 Incorporation by reference 11-62-12 Timely processingSubchapter 2 Wastewater Treatment Works 11-62-21 Repealed 11-62-22 Repealed 11-62-23 Repealed requirements for wastewatertreatment works 11-62-24 Treatment unit requirements 11-62-25 Wastewater effluent disposal systems 11-62-26 Wastewater effluent

2 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monitoring, recordkeeping,and reporting 11-62-29(Reserved)Subchapter 3 Individual Wastewater Systems 11-62-31 Repealed requirements for individualwastewater systems evaluation 11-62-32 Spacing of individual wastewatersystems 11-62-33 Repealed requirements for new andproposed treatment units 11-62-34 Specific requirements for new andproposed disposal systems 11-62-35 Other individual wastewater systems 11-62-36 Cesspools 11-62-37 Application for and review of buildingpermits and individual wastewatersystems 11-62-38 to 11-62-39 (Reserved)

3 Subchapter 4 Wastewater Sludge Use and Disposal 11-62-41 General requirements and prohibition to federal law 11-62-42 Land application of exceptional qualitywastewater sludge 11-62-43 Land application of other thanexceptional 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 methodSubchapter 5 Wastewater Management Permits andRegistration 11-62-50 Registration and permits 11-62-51 Fees 11-62-52 Signatories and certificationrequirements 11-62-53 Wastewater management registration Wastewater management individualpermits Draft individual permits Fact sheets Public notices of draft individualpermits.

4 Public comments and hearingrequests Public meetings or hearings onindividual permits Public notice of public meetings orhearings on individual permits Response to comments Issuance of individual permits;duration, conditions Schedules of compliance Repealed Repealed Requiring an individual permit Repealed Repealed Repealed Repealed Repealed 11-62-56 Standard permit conditions Transfer of permits Modification or revocation andreissuance of permits Termination of permits Renewal of permits 11-62-58 Conflict of interestSubchapter 6 Wastewater and Wastewater SludgePumpers and Haulers 11-62-60 Applicability 11-62-61 Registration requirements 11-62-62 Recordkeeping and reportingSubchapter 7 Variances.

5 Penalties andSeverability 11-62-71 Variances 11-62-72 Penalties and remedies 11-62-73 Severability 11-62-74 Public participation in enforcementSubchapter 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 11-62-0162-5 SUBCHAPTER 1 PROHIBITIONS AND GENERAL REQUIREMENTS 11-62-01 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, department of health seeks to migrate towardsan ultimate goal of regional sewage collection.

6 Treatment and disposal systems [which] thatareconsistent 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 lowpopulationdensity. [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.

7 Indeed, the departmentstated in its prior rules back in the 1990's, with theagreement of all counties' wastewater advisorycommittees, that installation of new cesspools shouldendafter the year 2000. [As a means to this end,upon] Uponthe adoption of these rules, new buildingsshall utilize a method of sewage disposal other thancesspools approved by 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 11-62-0162-6harm to public health, safety and welfare.

8 Eachcounty may participate in the implementation of theserules through the recommendations of a countywastewater advisory committee to 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 andwhen bestmanagement practices and other requirements of thischapter are met.

9 [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 seeksto 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 hazardto public health, safety and welfare.

10 (5) Contribute to the achievement of wastewatermanagement goals contained in approvedcounty water quality management plans;(6) Reinforce state and county planningpolicies; and 11-62-0362-7(7) Are consistent with the State'sadministration of the National PollutantDischarge Elimination System.(b) [These rules] This chapterseeks 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