HomeMy WebLinkAboutRES 592 Draft 01 2024-2026 \IIq
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 592 26
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED
ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY UNDER SECTION 309 OF
THE CLEAN WATER ACT.
WHEREAS, Section 46-7 of the Hawai`i Revised Statutes requires the consent of the
Council in order for the County to enter into an agreement with the federal government or any
other public body respecting action to be taken pursuant to any of the powers granted to the
County by law and furnish, expend,and receive any funds or other assistance in connection with
projects being or to be undertaken pursuant to those powers; and
WHEREAS, on March 6,2024,the Council adopted Resolution No. 441-24,Draft 2,
which authorized the Mayor to enter into an Administrative Order on Consent with the United
States Environmental Protection Agency(hereinafter"EPA") in Docket No. CWA-309(a)-24-
003, a copy of which is attached hereto as"ATTACHMENT A-1"; and
WHEREAS,the Administrative Order on Consent contained in ATTACHMENT A-1
outlined issues of concern for the EPA relative to Section 309(a) of the Clean Water Act and
proposed remedial actions to address such concerns; and
WHEREAS,the actions and specified completion dates that the County was required to
undertake were outlined in Appendix 1 of the Administrative Order on Consent; and
WHEREAS, on April 17,2026,the County requested a five-year deadline extension for
the Kula`imano Waste Water Treatment Plant(hereinafter"Kula`imano WWTP")Rehabilitation
and Replacement Project and a three-year deadline extension for the Papa`ikou Waste Water
Treatment Plant(hereinafter"Papa`ikou WWTP")Rehabilitation and Replacement Project, due
to identified financial and staffing constraints; and
WHEREAS, after reviewing the County's request and finding good cause,the EPA
agreed to the requested deadline extensions via a letter dated May 13,2026, a copy of which is
attached hereto as"ATTACHMENT A-2"; and
WHEREAS,the original and revised deadlines for the Kula`imano WWTP
Rehabilitation and Replacement Project and the Papa`ikou WWTP Rehabilitation and
Replacement Project are as follows:
Kula`imano WWTP(5 yr.extension) Papa'ikou WWTP(3 yr.extension)
Project Event Original Deadline Revised Deadline Original Deadline Revised Deadline
Issue invitation to bid October 30,2026 I October 31,2031 October 30,2027 I October 31,2030
Begin construction March 1,2027 I March 1,2032 March 1,2028 I March 1,2031
Complete construction June 30,2030 I June 30,2035 June 30,2031 I June 30,2034
; and
WHEREAS,the County proposed a monitoring and maintenance plan for these facilities
during the interim period,which was deemed acceptable by the EPA; and
WHEREAS,to effectuate these deadline extensions,the EPA issued a proposed
Amended Administrative Order on Consent, a copy of which is attached hereto as
"ATTACHMENT A-3"and incorporated herein by reference; and
WHEREAS,the only changes between the original Administrative Order on Consent
and the Amended Administrative Order on Consent are the extended deadlines identified
hereinabove relative to the Kula`imano WWTP and Papa`ikou WWTP; and
WHEREAS,these modifications extend the dates of this long-term agreement with
additional mandated actions by the County extending until 2035;and
WHEREAS, entering into this Amended Administrative Order on Consent constitutes a
binding order on the County, subject to penalties for failure to comply under section 309(d) of
the Clean Water Act;now,therefore,
2
•
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that,
pursuant to Section 46-7 of the Hawai`i Revised Statutes,the Mayor is hereby authorized to enter
into the Amended Administrative Order on Consent with the EPA as contained in
ATTACHMENT A-3.
BE IT FURTHER RESOLVED that the Department of Environmental Management is
hereby requested to provide the Council with concurrent updates subsequent to mandatory report
submissions to the EPA.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Daniel Girvan,Director of Environmental Management; and Diana Mellon-Lacey,
Deputy Corporation Counsel.
Dated at Hilo ,Hawai`i,this 8th day of July ,20 26
INTRODUCED BY:
&,4
C IP CIL.1\4Eft.ER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo,Hawai`i GALIMBA X
HUSTACE X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawai`i on July 8, 2026
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
A FIEST: KTh4BALL X
ONISHI X
VILLEGAS X
9 0 0 0
' 1"/</
Reference: G-935/GOEAC-141
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 592 26
• I 111110111111
3 LRB 25-179 CCC
•
f I
•
COUNTY OF HAWAI`I STATE OF HAWAI`I
RESOLUTION NO. 441 24
(DRAFT 2)
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER
SECTION 309(a) OF THE CLEAN WATER ACT,33 U.S.C. §1319(a). •
WHEREAS,Hawai`i Revised Statutes Section 46-7 requires that County departments
obtain the consent of the Council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law and furnish,expend,
and receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers;and
WHEREAS Hawai`i Revised Statutes Section 46-1.5(19)(A)grants the County the
power to construct,purchase,take on lease,lease, sublease,or in any other manner acquire,
manage,maintain,or dispose of buildings,sewers,sewer systems,pumping stations,and related
infrastructure,and manage,regulate,and control the same;
WHEREAS,the United States Environmental Protection Agency has identified
deficiencies in the condition and maintenance of the County owned and operated wastewater
treatment facilities in Hilo,Kula`imano,Papa`ikou; and Kealakehe;and
WHEREAS,the proposed Administrative Order on Consent(Attachment A-1,
incorporated herein by reference),outlines the issues of concern and proposed remedial activities
to address said concerns of the United States Environmental Protection Agency relative to
Section 309(a)of the Clean Water Act,33 U.S.C. §1319(a); and
WHEREAS,the actions the United States Environmental Protection Agency requires the
County to undertake are outlined in Appendix I of the Administrative Order on Consent
(Attachment A-1 incorporated herein by reference); and
WHEREAS,by entering into this Administrative Order on Consent,the United States
Environmental Protection Agency agrees to use its best efforts to provide technical assistance to
the County to support the County in fulfilling the required obligations;and
WHEREAS,this is a long-term agreement with required actions by the County
extending until 2035; and
WHEREAS,this order will terminate upon completion of the required action therein;
and
ATTACHMENT A-1
` I
WHEREAS,entering into this agreement constitutes a binding order on the County,with
penalties for failure to comply with its terms under section 309(d) of the Clean Water Act, 33
U.S.C.and 1319(d)as modified by 40 C.F.R.; now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that,in
accordance with Section 46-7 of the Hawai`i Revised Statutes,that the Mayor of the County of
Hawai`i is authorized to execute on behalf of the County an intergovernmental agreement with
the United States Environmental Protection Agency in the form of an Administrative Order on
Consent(Attachment A-1).
BE IT FURTHER RESOLVED that the intergovernmental agreement with the United
States Environmental Protection Agency is hereby consented to and approved.
BE IT FURTHER RESOLVED that the Department of Environmental Management
shall provide the County Council with concurrent updates subsequent to mandatory report
submissions to the EPA. .
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Director of Environmental Management and to the Corporation Counsel.
Dated at Hilo ,Hawai`i,this 6th day of March ,20 24 .
INTRODUCED BY:
COUNC MBER, COUNTY OF HAWAI`I
•
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo,Hawaii EVANS X
GALIMBA X
[hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA $
County of Hawai`i on March 6, 2024
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE LOY X
VILLEGAS X
7 0 2 0
•
Reference: C-732.5/GOEAG-111
TY CLERK CHAIRPE SON&PR SIDING OFFICER RESOLUTION NO. 441 24
(DRAFT 2)
2
ATTACHMENT A-1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 9
75 Hawthorne Street
San Francisco,California 94105
IN THE MATTER OF: ) DOCKET NO.CWA-309(a)-24-003
County of Hawaii )
ADMINISTRATIVE ORDER ON CONSENT
25 Aupuni Street )
Hilo,HI 96720 )
Respondent. ) Proceeding under Section 309(a)of the
Clean Water Act,33 U.S.C.§1319(a)
•
1. INTRODUCTION
1. This Administrative Order on Consent(Order)is entered into voluntarily by the United
States Environmental Protection Agency(EPA)and the County of Hawaii(Respondent).
II. STATUTORY AUTHORITY
2. Section 309(a)of the Clean Water Act(CWA),33 U.S.C. §1319(a), provides that,
whenever the'EPA finds that any person is in violation of any condition orlimitation which
implements,inter alia,Sections 301(a)and 402 of the CWA,33 U.S.C.§§1311(a)and 1342,the
EPA may issue an order requiring such person to comply with such condition or limitation,and
shall specify a time for compliance that the EPA determines to be reasonable.
3. The following Findings of Fact and Determinations of Law are made and this Order is
•
issued pursuant to the authority vested in the EPA by Section 309(a)of the CWA,33 U.S.C.§
1319(a),as amended.This authority has been delegated to the Regional Administrator of the
EPA,Region IX,and further delegated by the Regional Administrator to the Director of the
Enforcement and Compliance Assurance Division of the EPA,Region IX,
4. Respondent neither admits nor denies the factual allegations and legal conclusions set
forth in Section IV of this Order,except to the extent that those allegations provide the EPA
with a jurisdictional basis to enforce this Order. '
III. STATUTORY AND REGULATORY FRAMEWORK
5. CWA Section 301(a),33 U.S.C.§1311(a),makes it unlawful for a person to discharge
pollutants from a point source into waters of the United States,except as authorized by a
National Pollutant Discharge Elimination System(NPDES)permit issued pursuant to CWA
Section 402,33 U.S.C.§1342. •
•
•
6. CWA Section 402, 33 U.S.C.§ 1342,establishes the NPDES program and authorizes the
EPA and authorized states to issue permits governing the discharge of pollutants from point
sources into waters of the United States.
7. CWA Section 502(12),33 U.S.C.§1362(12),defines"discharge of a pollutant(s)"to mean
any addition of any pollutant to navigable waters from any point source or any addition of any
pollutant to the waters of the contiguous zone or the ocean from any point source other than a
vessel or other floating craft.
8. CWA Section 502(6),33 U.S.C.§ 1362(6),defines"pollutant"to include,among other
• things, "municipal waste discharged into water."
9. CWA Section 502(14),33 U.S.C. §1362(14)defines"point source"to include"any
discernable,confined and discrete conveyance...from which pollutants are or may be
discharged."
10.The State of Hawaii is authorized under the CWA to issue individual NPDES permits.
IV. FINDINGS OF FACT AND DETERMINATIONS OF LAW
11.The County of Hawaii(Respondent)is a "municipality"and therefore is a"person"
within the meaning of CWA§502(5),33 U.S.C.§1362(5).
12. Respondent owns and operates the wastewater collection,treatment,and discharge
facilities specified herein,which include approximately 105 miles of gravity sewer lines, 14
miles of sewer force mains, 16 sewer pump stations,three wastewater treatment plants
(WWTP)with National Pollutant Discharge Elimination System(NPDES)permits(Hilo, Papa'ikou;
and Kula'imano), one wastewater treatment facility with an Underground Injection Control
(UIC) permit(Honokaa WWTP),and two wastewater treatment facilities that utilize subsurface
disposal (Kapehu and Kealakehe WWTP).The county owns and operates two wastewater
systems that terminate in cesspools.1 The Respondent operates the Kaloko WWTP for the
County Office of Housing and Community Development that has a UIC permit.
13. Wastewater discharges from Respondent's facilities include municipal waste, biological
oxygen demand,total suspended solids,enterococcus,and therefore contain"pollutants,"as
defined by CWA Section 502(6), 33 U.S.C.§1362(6).
14. As detailed herein, Respondent's discharge of pollutants in wastewater into navigable
waters constitutes a"discharge of pollutants"within the meaning of CWA Section 502(12),33
U.S.C. § 1362(12).
15. Respondent's Hilo, Papa'ikou,and Kula'imano wastewater treatment facilities discharge
into the Pacific Ocean at outfall locations authorized through NPDES permits.The Pacific Ocean
•
1 These two WWTPs are the subject of•a separate Order,SDWA-UIC-AOC-2017-0002.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 2 of 17
is a "navigable water"and a"water of the United States,including the territorial seas"within
the meaning of CWA Section 502(7),33 U.S.C.§1362(7),and implementing regulations.
16. The Hawaii State Department of Health(DOH)issued NPDES Permit No.HI0021377 for
the Hilo Wastewater Treatment Plant(Hilo Permit)to Respondent effective on May 1,2020.
The Permit authorizes Respondent to discharge secondary treated wastewater through Outfall
Serial No.001 to the Pacific Ocean through a diffuser at Puhi Bay. The Hilo WWTP serves Hilo,
Hawaii and surrounding areas and treats domestic and commercial wastewater generated by
approximately 30,000 residents.
17.The DOH issued NPDES Permit No.Hl0021113 for the Papa'ikou Wastewater Treatment
Plant(Papa'ikou Permit)to Respondent effective June 1,2021.The Permit authorizes
Respondent to discharge secondary treated wastewater through Outfall Serial No.001 to the
Pacific Ocean at Waipahi Point.The Papa'ikou WWTP serves the communities of Papa'ikou and
Paukaa and treats domestic wastewater generated by approximately 3,500 residents.
18.The DOH issued NPDES Permit No.HI0020770 for the Kula'imano Wastewater
Treatment Plant(Kula'imano Permit)to Respondent effective on April 1,2017.The Permit
authorizes Respondent to discharge secondary treated wastewater through Outfall Serial No.
001 to the Pacific Ocean. The Kula'imano WWTP serves Pepeekeo,Hawaii and treats domestic
wastewater generated by approximately 1,500 residents.
19.The Hilo Permit, Papa'ikou Permit,and Kula'imano Permit(collectively the"NPDES
Permits")each provide authorization for discharges"in accordance with effluent limitations,
monitoring requirements and other conditions set forth herein,"and in the"Standard NPDES
Permit Conditions"(http://health.hawaii.gov/cwb/site-map/home/standard-npdes-permit-
conditions/).These permit requirements,which are identical except where indicated,include:
a. DOH "Standard NPDES Permit Conditions"Section 8(version 15), "Duty to mitigate,"
requires"The Permittee shall take all reasonable steps to minimize or prevent any
discharge or sludge•use or disposal in violation of this permit or applicable law."See
Permit,p.1.
b. DOH "Standard NPDES Permit Conditions"Section 9(version 15),"Proper operation
and maintenance,"requires"The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control(and related
appurtenances)which are installed or used by the Permittee to achieve compliance
with the conditions of this permit.Proper operation and maintenance also includes
• adequate laboratory controls and appropriate quality assurance procedures.This
provision requires the operation of back-up or auxiliary facilities or similar systems •
which are installed by the Permittee only when the operation is necessary to achieve •
compliance with the conditions of this permit."See Permit,p.1.
c. Part A.1 of the NPDES Permits,"Effluent Limitations and Monitoring Requirements,"
authorize only the discharge of treated wastewater through Outfall Serial No.001 for
In re County of Hawai'1,Docket No.CWA-309(a)-24-003 Page 3 of 17
•
the Hilo, Papa'ikou,and Kula'imano WWTPs,and prohibit the discharge of pollutants
in locations that were not authorized in the NPDES Permits.
d. Part A.1 of the NPDES Permits, "Effluent Limitations and Monitoring Requirements,"
provides that the Permittee's authorizations to discharge treated wastewater is
subject to a monthly average effluent limitation and a maximum daily effluent limit for
enterococci that is specific to each permit for the Hilo WWTP,Kula'imano WWTP and
Papa`ikou WWTP.
•
e. Part A.1 of the Kula'imano Permit,"Effluent Limitations and Monitoring
Requirements,"provides that the Permittee's authorization to discharge treated
wastewater is subject to a monthly average effluent limitation and a maximum daily
effluent limit for Total Ammonia (as Nitrogen).
20. Representatives of the EPA and/or the DOH conducted a number of compliance
inspections of Respondent's facilities,including the following:
a. March 7,2022 inspection: Papa'ikou WWTP, report transmitted to Respondent on
April 14,2022.
b. March 7,2022•inspection:Kula'imano WWTP,report transmitted to Respondent on
April 14,2022.
c. October 7,2021 inspection:kealakehe WWTP(no NPDES permit)and collection
system, report transmitted to Respondent on December 21,2022.
d. October 6,2021 inspection:Hilo WWTP and collection system, report transmitted to
Respondent on December 21,2022.
e. October 6, 2021 inspection:Papa`ikou WWTP and collection system,report
transmitted to Respondent on December 21,2022. •
f. October 6,2021 inspection:Kula'imano WWTP and collection system,report
transmitted to Respondent on December 21,2022.
g. May 24,2021 inspection:Hilo WWTP, report transmitted to Respondent on July 12,
2021.
h. February 11,2021 desk audit:county wide collection system,report transmitted to
•
Respondent on May 20,2021.
i. January 22,2019 inspection:Hilo WWTP,report transmitted to Respondent on April
. 23,2019.
j. December 16,2016 inspection: Papa'ikou WWTP,report transmitted to Respondent
on March 23,2017.
In re County of Hawaii,Docket No.CWA-309(a)-24-003 Page 4 of 17
k. December 16,2016 inspection:Kula'imano WWTP, report transmitted to Respondent
on March 23,2017.
I. December 15,2016 inspection: Hilo WWTP, report transmitted to Respondent on
March 23,2017.
•
21. Effluent Limit Exceedances:Records provided by Respondent show that effluent
concentrations in the discharges from Respondent's WWTPs exceeded NPDES permit effluent
limits,from 2017 to the present,as follows:
a. At Hilo WWTP for October 2021, Respondent reported a maximum Enterococci
concentration of 39,000 CFU/100 mL,exceeding the daily maximum effluent limitation
of 11,700 CFU/100 mL.
b. At Papa'ikou WWTP for July 2021,Respondent reported a maximum Enterococci
concentration of 740 CFU/100 mL,exceeding the daily maximum effluent limitation of --
104 CFU/100 mL.
c. At Papa'ikou WWTP for July 2021, Respondent reported a monthly geomean
concentratiori of 14 CFU/100 mL,exceeding the monthly effluent limitation of 7
CFU/100 mL for the month of July 2021.
d. At Kula'imano WWTP for September 2019, Respondent reported a maximum
Enterococci concentration of 230 CFU/100 mL,exceeding the daily maximum effluent
limitation of 104 CFU/100 mL. •
e. At Kula'imano WWTP for March 2022,Respondent reported a maximum Total
Ammonia(as Nitrogen)concentration of 1,417 µg/L,exceeding the single sample
maximum effluent limitation of 320 µg/L.
22.Operation and Maintenance of Treatment Units at the WWTPs:From a review of the
records provided by Respondent and observations made during inspections,the EPA and DOH
inspectors have identified multiple treatment units that have been out of service and or
inadequately operated and maintained at the Hilo, Papa'ikou,and Kula'imano WWTPs.In
addition,Respondent does not have a program in place to systematically repair,rehabilitate,or
replace the aging treatment units prior to failure.These deficiencies have affected the
efficiency and operations of the treatment systems.The EPA has documented significant
operation and maintenance deficiencies from 2017 to December 1,2022,which include:
a. At Hilo WWTP,one of the two aerated grit screening tanks is severely corroded and
has been out of service since at least 2016.The second grit screening tank is operable
but also exhibits significant corrosion.
In re County of Hawaii,Docket No.CWA-309(a)-24-003 Page 5 of 17
•
b. At Hilo WWTP, one of the two pre-aeration tanks is severely corroded and has been
out of service since at least 2016.The second grit screening tank is operable but
exhibits corrosion.
c. At Hilo WWTP,multiple gate valves at the headworks are severely corroded and
- inoperable.
d: At Hilo WWTP,the rotating distributor arms at the two biotowers were significantly
corroded with blocked outlets and leaks that'were observed during the 2019
inspection.Respondent did not correct this problem until November 2021,when
Respondent replaced the distributor arms.
e. At Hilo WWTP,two of the four recirculating pumps at the biotowers were inoperable
and were replaced with temporary trailer pumps from approximately 2015 to 2021.
Respondent did not correct this problem until 2021,when Respondent replaced all
biotower pumps.
f. At Hilo WWTP,the isolation valve at the biotowers waste activated sludge(WAS)
pumps is no longer operational,therefore the recirculation rate of waste activated
sludge is unknown and cannot be controlled.
g. At Hilo WWTP,sludge clumping was observed floating in the clarifiers during multiple
• inspections from approximately 2013 to 2021,indicating improper operation of the
clarifiers.
h. At Hilo WWTP,the sludge digesters are severely corroded and the gate valve is
inoperable.The Inoperable gate valve prevents isolation of the two digesters,and
therefore the digesters cannot be cleaned and maintained.
•
i. At Hilo WWTP,the floating roof of one of the two sludge digester tanks became stuck .
when an overtopping of the sludge occurred,preventing the roof from operating
properly and preventing maintenance of the digester.
j. At Hilo WWTP,the roofs of both digester tanks are significantly corroded,which
prevents maintenance of the tanks due to unsafe conditions. •
k. At Hilo WWTP,the boiler for heating the sludge digester tanks has been inoperable
since at least 2016.
•
I. At Papa'ikou WWTP,the influent grinder screen has been inoperable since at least
2016, causing Respondent to rely on a secondary bar screen,allowing small materials
such as sanitary wipes and small plastics to pass through the bar screen and cause
maintenance problems.
In re County of Hawaii',Docket No.CWA-309(a)-24-003 Page 6 of 17
•
m. At Papa'ikou WWTP,sludge clumping was observed floating in the clarifiers during
multiple inspections,indicating poor operation of the clarifiers.
n. At Papa'ikou WWTP,the sludge dewatering centrifuge equipment has been
inoperable since at least 2016.As a result, Respondent hauls the sludge solids to the
Hilo WWTP for processing.
o. At Kula'imano WWTP,the influent grinder screen has been inoperable for several
years,causing Respondent to rely on a secondary bar screen. Materials passing
through the influent screens including floatables,plastics,wipes and fats oils and
greases, cause maintenance problems within the facility.
p. At Kula'imano WWTP,sludge clumping was observed.floating in the clarifiers from
approximately 2013 to 2021,indicating poor operation of the clarifiers.
q. At Kula'imano WWTP,the sludge dewatering centrifuge equipment has been
inoperable since at least 2016. As a result, Respondent hauls the sludge solids to the
Hilo WWTP for processing.
r. At Hilo WWTP on November 22-23,2022,approximately 2.2 million gallons of primary
treated and partially disinfected sewage did not receive biological treatment due to a
broken air feed to the solids contactor unit and discharged through the outfall diffuser
pipe to Puhi Bay.
s. At Kula'imano WWTP on February 21,2022,approximately 1,055 gallons of secondary
treated but not disinfected sewage discharged into the coastal waters near Kula'imano
Homestead Road,via a drainage swale,when the disinfection treatment system failed
due to an electrical problem.
t. At Hilo WWTP on January 27,2022,approximately 8,600 gallons of partially treated
and disinfected sewage discharged to Puhi Bay through the outfall diffuser pipe due to
a failure of the trickling filter pumps caused by the temporary loss of electricity.
u. At Kula'imano WWTP on December 4,2021,approximately 14,340 gallons of partially
treated sewage discharged through the outfall to the coastal waters fronting
Pepeekeo town due to a power outage..
v. At Kula'imano WWTP on December 2,2021,approximately 14,340 gallons of primary
treated sewage discharged through the outfall to coastal waters fronting Pepeekeo
town when the aeration basin and disinfection treatment systems failed due to power
loss and a generator failure.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 7 of 17
•
w. At Kula'imano WWTP on September 19-20,2021,an in-plant spill of approximately
6,240 gallons of untreated sewage occurred at the headworks due to a plugged grit
screw and was contained on-site.
• x. At Hilo WWTP on April 15,2020,approximately 3,403 gallons of waste activated
• sludge was spilled to ground due to a disconnected flexible hose during maintenance
activities and was contained on-site.
y. At Kula'imano WWTP on December 28-29,2018,approximately 66,000 gallons of
• secondary treated sewage discharged through the outfall to coastal waters fronting
Pepeekeo town when a pump failure caused the disinfection treatment system to fail.
z; At Kula'imano WWTP on November 27-28, 2017,approximately 94,666 gallons of
primary treated sewage discharged through the outfall to coastal waters fronting
Pepeekeo town when the aeration basin treatment system failed due to a power
interruption.
23.Operations and Maintenance Affecting Health and Safety: From a review of the
records provided by Respondent and observations made during inspections,inspectors have
identified potential health and safety concerns due to failure to properly operate and maintain '
equipment.At Hilo WWTP,significant corrosion of the floating roof at the sludge digester tank
prevents operator access due to unsafe conditions.At Hilo WWTP,lightning rod wiring at the
top of the sludge digesters had corroded to the point where there was no connection to
ground, in an area where there may be potential presence of methane in the digesters,which
may create a hazardous condition.At the non-NPDES Kealakehe WWTP facility the EPA
inspectors observed hypodermic needles in the primary lagoon due to inadequate influent
screening,which pose a risk to operators.
24.Sewer Collection Systems Spills and Operations and Maintenance: Based on a review
of the records provided by Respondent,including spill reports and observations made during
inspections,inspectors have determined that Respondent is not operating and maintaining its
sewer collections systems to prevent sewage spills.Respondent"also has not sufficiently
assessed the condition of its sewer systems and does not have a program in place to
systematically repair,rehabilitate,or replace its aging force mains prior to failure.Based on age,
many force mains appear to be reaching their end of life and failure may result in significant
spill volumes. Most force mains do not have back-up redundancy in case of failure.A review of
sewage spills from the sewer collection systems since 2016 indicates that large spills have
occurred primarily due to debris blockage,overflows at pump stations(especially during large
storm events),ruptures in force mains, and corrosion. Inspectors have documented the
following significant sewage spills(greater than 1000 gallons)from 2017 to December 1,2022,
from the collection systems: •
. a. On May 16,2021,approximately 67,800 gallons of sewage spilled from the gravity line
along Hawaii Belt Road in.Papa'ikou, reaching Kapue Stream and ultimately reaching
In re County of Hawai'i,Docket No. CWA-309(a)-24-003. Page 8 of 17
the Pacific Ocean.The spill was due to a blockage in the sewer.During response
efforts,operators also found holes due to corrosion at the top of the sewer.pipe
alongside the bridge at the Kapue Stream location.
. b. On March 9,2021, approximately 400,000 gallons of sewage was discharged via a
drainage swale to the coastal waters fronting Papa'ikou Wastewater Treatment plant,
caused.by heavy rain.
c. On November 30,2020,approximately 28,000 gallons of sewage spilled from the force
main along Banyan Drive in Hilo near the Banyan pump station,reaching the Pacific
Ocean.The spill occurred when a contractor working on the sidewalk accidently •
punched a hole into the force main.
d. On July 10-11,2020,approximately 20,000 gallons of sewage spilled from the force
main at the Keopu pump station along Ali'i Drive in Kailua-Kona,reaching the Pacific
Ocean.The spill was due to a failure in the cast iron force main caused by corrosion.
e. On September 28,2017,approximately 5,000 gallons of sewage spilled from the
gravity sewer line in Naalehu,discharging to the ground without reaching surface
waters.The spill was due to a badly corroded sewer line.
f. On June.13,2017,approximately 2,000 gallons of sewage spilled from the force main
along Ali'i Drive in Kailua-Kona near the Lanihau sewage pump station,reaching the
Pacific Ocean. The spill was due to a rupture in the cast iron force main caused by
corrosion. •
g. On June 5,2017,a pipe failure caused secondary treated and disinfected wastewater
• to discharge to coastal waters near the Pua sewage pump station.
h. On April 3,2017,approximately 41,000 gallons of sewage spilled from the manhole at
Waianuenue and Laimana Street intersection in Hilo, reaching Wailuku River and the
Pacific Ocean. The spill was due to debris blockage in the gravity sewer line.
i. On January 27,2017,approximately 5,000 gallons of sewage spilled from the Paukaa
pump station along Paukaa Drive in Hilo,reaching the Pacific Ocean.The spill was due
to rainfall overwhelming the capacity of the pump station which led to the wet well
overflowing.
25. Based on review of the records provided by Respondent and observations during
inspections,Respondent does not have a program in place to systematically repair,rehabilitate,
and replace aging infrastructure prior to failure.
26. Based on a review of the records provided by Respondent and observations during
• inspections,Respondent does not have a comprehensive capital improvement planning(CIP)
program to evaluate criticality of infrastructure and to plan for anticipated failures.Respondent
• does not have an adequate financial plan with a sustainable funding mechanism to plan costs
and financing for necessary system capital improvement projects and repairs.
In re County of Hawoi'i,Docket No.CWA-309(a)-24-003 Page 9 of 17
27.Respondent's discharge of effluent from the Hilo, Papa'ikou and Kula'imano WWTPs in
excess of one or more effluent limits contained'in these WWTP's NPDES Permits,as set forth in
Paragraph 21, are not in compliance with permit part A.1 and violate section 301(a)of the CWA,
33 U.S.C. §§1311(a).
28.Respondent's systemic failure to properly operate and maintain all facilities and systems
of treatment and control(and related appurtenances)which are installed or used by the
Permittee to achieve compliance with the conditions of the NPDES Permits,as set forth in
Paragraphs 22-23,violates"Standard NPDES Permit Conditions"Sections 8 and 9 of the NPDES
Permits for the Hilo, Papa'ikou,and Kula'imano WWTPs. •
29. Respondent's discharges of pollutants.from its sewer collection systems to waters of the
• United States, as set forth in Paragraph 24,were not authorized by an NPDES permit,and
therefore violate CWA Section 301(a),33 U.S.C.§ 1311(a).
30. For the violations identified in this Section,the EPA is authorized to issue an order
requiring compliance.CWA Section 309(a)(3),33.U.S.C.§1319(a)(3).
V: ORDER FOR COMPLIANCE ON CONSENT
•
31. Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the
authority of section 309(a)of the CWA,33 U.S.C. § 1319(a),IT IS HEREBY ORDERED and AGREED •
that Respondent shall do the following:
32. Fully implement the actions specified in Appendix 1,in accordance with the schedule
set forth in Appendix 1.Appendix 1 is incorporated herein by reference and is an enforceable
provision of this Order.
a. For each design,plan and evaluation in Appendix 1 that Respondent is required to
submit to the EPA,the EPA will review the submittal to evaluate whetherthe
requirements of this Order have been met.The EPA may also provide comments on
the content of any submittal to assist Respondent in effectively achieving compliance
with this Order.
b. All final submittals specified in Appendix 1(including, but not limited to plans,
programs,designs,assessments and schedules)shall be deemed incorporated into,
and enforceable pursuant to,this Order.
c. The schedule set forth in Appendix 1 assumes that the EPA and DOH will take thirty
(30)calendar days to review each submittal.The EPA and DOH may take more than
thirty calendar days to review certain submittals,in which case,the EPA will address
. any adjustments to this review time,and the effect of any such adjustments on
Respondent's subsequent due dates,on a case-by-case basis.
d. Nothing in Section V or Appendix 1 waives,alters,or affects Respondent's obligations
to timely take all measures necessary to address•any exceedance,equipment failure,
or other event which causes,or threatens to cause,a CWA violation(including any
In re County of Howai'i,Docket No.CWA-309(a)-24-003 Page 10 of 17
•
•
CWA permit violations),which arises prior to a deadline contained in this Section or
Appendix 1, or milestone contained in a Project Tracking Schedule.
e. For any project in Appendix 1 which has a specific deadline for issuing an invitation for
bid and for start of construction,should the bids submitted for the project not meet
all requirements of the bid specifications,or exceed the engineer's estimate for the
project by a significant amount, Respondent may confer with the EPA about steps that
Respondent proposes to take,such as rebidding the project or negotiating
modifications to the submitted bid(s).If appropriate,the EPA will modify the
construction start date for the project to accommodate these additional steps.
33.Within ninety(90)calendar days of the effective date,Respondent shall submit Project '
Tracking Schedules to the EPA and DOH,and semi-annually thereafter.The Project Tracking •
Schedules shall establish detailed project timelines for each action set forth in Appendix 1,
including start dates,end dates,and milestones and other interim dates for each significant
task:The Project Tracking Schedules shall establish the sequential component phases and
individual tasksfor each action to ensure that all projects will meet compliance requirements
on schedule,developed with a consistent methodology to produce semi-annual compliance
tracking reports.
34.Semi-annually,beginning on the anniversary of the Effective Date,and continuing each
year until the Order is terminated, Respondent shall submit to the EPA and DOH a Semi-annual
Compliance Report,which shall describe:(a)all of Respondent's compliance activities during
the prior six months;(b)any delays or failures to timely implement any of the compliance
• actions during the prior six months;and(c)the schedule of activities for the coming year and
any issues or events that might affect timely implementation of any future compliance
activities. Respondent shall review the Project Tracking Schedules and identify any interim
date,milestones or project timeframes that are delayed or are anticipated to be delayed.
Annually, respondent shall convene a meeting with the EPA to meet in person or virtually to
discuss anticipated progress.
35. If Respondent becomes aware of any event which may delay the timely performance of
any obligation under this Order, Respondent shall notify the EPA and DOH contacts listed in
Paragraph 42 as soon as possible. Respondent shall provide,the reasons for the delay,the
• anticipated duration of the delay,and the measures to be taken to prevent or minimize the
delay.If Respondent is unable to provide any of this information at the time of initial notice,
Respondent shall provide this information within fourteen(14)days of the initial notice,except
as otherwise directed by the EPA. If Respondent revises its Project Tracking Schedules in
response to such an event,Respondent shall provide the updated Project Tracking Schedules to
the EPA'and DOH.Compliance with this paragraph does not modify any deadline or other
requirement in this Order,nor does it constitute compliance with any deadline or other
requirement in this Order.
•
In re County of Hawal'I,Docket No.CWA-309(a)-24-003 Page 11 of 17
t Y
36. If the DOH issues any order(s)to Respondent under state authorities which address any
of the facilities or matters covered by this Order,Respondent shall comply with the DOH
order(s), in addition to this Order.
37. If Respondent believes there to be a conflict between the requirements of this Order
and a DOH order,or any specific directions provided by the EPA or DOH to Respondent
regarding implementation of any order, Respondent shall immediately notify the EPA and DOH
of the apparent conflict and,as appropriate,request clarification from the agencies or suggest
steps to address the requirements of the orders.Respondent shall comply with the EPA's
directions for resolving the potential conflict between this Order and any DOH order.
38.The EPA will use its best efforts to provide technical assistance to Respondent in order
to support Respondent in fulfilling the obligations required by this Order.
VI. FINAL REPORT AND TERMINATION OF THE ORDER
•
39.Within ninety(90)calendar days after Respondent has fully completed and
implemented the actions required by Section V of this Order, Respondent shall submit for the
• EPA's review and approval a final report(Final Report)that includes a description and timeline
of all of actions which have been taken toward achieving compliance with this Order.
40. If the EPA determines that all the requirements of this Order have been completed and
implemented in accordance with this Order,the EPA will provide notice to Respondent and this
Order shall be deemed terminated.
41. If'the EPA determines that any requirement has not been completed and implemented
in accordance with this Order,the EPA will notify Respondent,provide a list of deficiencies,and
require Respondent to modify its actions as appropriate to correct such deficiencies.If so
required,Respondent shall implement the modified requirement(s)and submit a modified Final
Report.Should Respondent disagree with the EPA's list of deficiencies or required corrections,
the parties shall engage in informal negotiations.If Respondent continues to disagree with the
EPA, Respondent may invoke the Dispute Resolution process set forth in Section VIII of this
Order. •
VII."SUBMISSIONS AND RECORD RETENTION
42. Respondent shall submit all written communications,including the Final Report,
• electronically in a format that allows them to be searchable by key word. Respondent shall send
all submittals to the following e-mail addresses.The EPA will inform Respondent of any changes
to the designated notice recipients.Submissions will be deemed made on the date they are
sent electronically.
As to the EPA:
John Tinger,Enforcement and Compliance Assurance Division,US EPA.
Tinger.John@epa.gov
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 • Page 12 of 17
y '
Brett Moffatt,Office of Regional Counsel, US EPA.
Moffatt.Brett@epa.gov
As to the DOH:
Bobbie Teixeira,Clean Water Branch, Hawaii Department of Health
Bobbie.Teixeira@doh.hawaii.gov
. Dale Sakata,Hawaii Deputy Attorney General, Health Division
dale.k.sakata@hawaii.gov
•
All reports, notifications,documentation,and submittals required by this Order shall be signed
by a duly authorized representative of Respondent as specified by 40 C.F.R.§ 122.22 and shall
include the following statement: •
"I certify under the penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,or
those persons directly responsible for gathering the information,the information
submitted is,to the best of my knowledge and belief,true,accurate and complete.I
am aware that there are significant penalties for submitting false information,
. including the possibility of fine and imprisonment for knowing violations."
43. Respondent shall preserve and retain all records and documents now in its possession
or control,or which come into its possession or control,that relate in any manner to the
performance of the tasks in this Order,until five(5)years after termination of this Order.
Respondent shall also instruct its agents to preserve all documents,records,and information of
whatever kind,nature or description relating to the performance of the tasks in this Order.
VIII. DISPUTE RESOLUTION
44. Informal Negotiations: Any dispute under this Order shall first be the subject of
informal negotiations.If informal negotiations are unsuccessful,the EPA's determination(s)
'shall control, unless Respondent invokes dispute resolution pursuant to this Section by
submitting a written Notice of Dispute and Statement of Position to the EPA at the addresses
set forth in Section VII(Submissions and Record Retention). •
45. Respondent's Notice of Dispute and Statement of Position:The Notice of Dispute shall
reference this provision of this Order and clearly state the matter in dispute.The Statement of
Position shall include,but need not be limited to,any factual data,analysis,or opinion
supporting Respondent's position and any supporting documentation relied upon by
Respondent.
• • 46.The EPA's Statement of Position:After the EPA has considered the information
contained in Respondent's Statement of Position'and consulted with the DOH when
appropriate,the EPA shall provide Respondent with its Statement of Position.The EPA's
In re County of Hawai'f,Docket No.CWA-309(a)-24-003 Page 13 of 17
•
Statement of Position shall include, but need not be limited to,any factual data,analysis,or
opinion supporting that position and any supporting documentation relied upon by the United
States.The determination(s)set forth in the EPA's Statement of Position shall be binding.on
Defendants. •
47.The parties may continue to engage in discussions regarding the dispute,and may
resolve all or part of the dispute,prior to the EPA's issuance of its Statement of Position.The
dispute resolution process does not modify the scope of any work or any deadlines set forth in
this Order,except as specified in writing by the EPA. •
IX. MODIFICATION
48.Any request for modification by Respondent shall include the reason(s)for the request
and a timeline for completion. Modification of this Order shall be in writing and shall take effect
only upon approval by the EPA. Failure by Respondent to implement any modified
requirement(s)shall be a violation of this Order.
X. GENERAL PROVISIONS
49.This Order is binding on Respondent and its officials,officers,directors, partners,agents,
employees,successors and assigns,and on all persons,independent contractors,consultants
and contractors acting in concert with Respondent.
50. Respondent shall provide a copy of this Order to any successor in interest to its control, •
operation, or any other interest in any portion of its Facility at least thirty(30)calendar days
prior to the transfer,and shall simultaneously notify the EPA in writing,via e-mail,that such
notice has been given. Within fourteen(14)calendar days after the effective date of this Order
or the date of contracting,whichever is later, Respondent shalt provide a copy of this Order to
all contractors and/or consultants to•perform any of the work described in Section V.
Respondent shall condition the transfer of control,operation or any other interest in any
portion of its Facility and any contract related to the performance of the work described in
Section V upon successful execution of this Order.
51.This Order is not and shall not be construed to be a permit under the CWA,nor shall it In
any way relieve or affect'Respondent's obligations under the CWA,or any other'applicable
federal or state laws, regulations,and/or permits.Compliance with this Order shall be no
defense to any actions commenced pursuant to such applicable laws,regulations,or permits,
nor does it constitute a release.
•
52.This Order shall in no way affect the rights of the EPA or the United States against any
person not a party hereto.
•
53.This Order shall in no way limit or affect the EPA's authority to obtain information,and
to enter, inspect,sample or monitor compliance under any law, permit,court order or
agreement.
•
• In re County of Hawai'i,Docket No. CWA-309(a)-24-003 Page 14 of 17
•
54.The provisions of this Order shall be severable.if any provision is declared by a court of
competent jurisdiction to be unenforceable,then the remaining provisions shall remain in full
force and effect. Notwithstanding the foregoing,this Order shall become null and void should a
court of competent jurisdiction, in the final decision of a case,determines that Paragraph 32 is
unenforceable.
55.Respondent consents to and agrees not to contest the EPA's authority or jurisdiction to
issue and enforce this.Order. Respondent waives any and all remedies,claims for relief and
otherwise available rights to judicial or administrative review that Respondent may have with
respect to any issue of fact or law set forth in this Order,including any right of judicial review
under Chapter 7 of the Administrative Procedure Act,5 U.S.C.§§701-706.
56.Failure to comply with the terms of this Order may result in liability for statutory civil
penalties under section 309(d)of the CWA,33 U.S.C.§1319(d),as modified by 40 C.F.R.Part
19.Upon suit by the EPA,a United States District Court may impose such penalties if the court
determines that Respondent has violated the CWA as described above and failed to comply
with the terms of this Order. In determining the amount of any penalty the court will consider
the seriousness of the violations,the economic benefit(if any) resulting from the violations,any
• history that Respondent may have of such violations,any good faith efforts that Respondent
has made to comply with legal requirements,the economic impact a penalty may have upon
Respondent,and such other matters as justice may require.
57. Issuance of this Order is not an election by the EPA to forego any remedies available to
it under the law,including without limit any administrative,civil or criminal action to seek
penalties,fines,or other appropriate relief under the CWA.The EPA reserves all available legal
•
and equitable rights and remedies to enforce any violations cited in this Order,and the right to
seek recovery of any costs and attorney fees incurred by the EPA in any actions against
Respondent for non-compliance with this Order.Should the EPA pursue such action,
Respondent reserves any defenses and affirmative claims it may have with respect to the
violations cited in this Order,except that pursuant to Paragraph 55, Respondent may not fi
contest EPA's authority or jurisdiction to issue and enforce this Order.
58. In accordance with section 309(a)(4)of the CW.A,33 U.S.C. §1319(a)(4),the EPA will
provide notice and a copy of this Order to the DOH upon execution.
.59.The undersigned signatory for Respondent certifies that he or she is authorized to
execute this Order and legally bind the Respondent.
60. For purposes of the identification requirement in section 162(f)(2)(A)(ii)of the Internal
Revenue Code,26 U.S.C.§162(f)(2)(A)(ii),and 26 C.F.R.§162-21(b)(2),performance of the
compliance activities called for under Part V of this Order is"restitution,""remediation,"or
• "required to come into compliance with the law."
XI. EFFECTIVE DATE
•
61.This Order shall become effective on the date it is signed by the EPA.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 15 of 17
•
IN THE MATTER OF:COUNTY OF HAWANI
• DOCKET NO.CWA-309(a)-24-003
IT IS SO AGREED AND ORDERED:
FOR RESPONDENT COUNTY OF HAWAI'I:
Mitch Roth, Mayor • Date
APPROVED BY COUNTY COUNCIL:
•
Resolution No.
Date •
APPROVED AS TO FORM AND LEGALITY:
Elizabeth A.Strance,Corporation Counsel Date
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 16 of 17
IN THE MATTER OF:COUNTY OF HAWAI'I
DOCKET NO.CWA-309(a)-24-003
IT IS SO AGREED AND ORDERED:
FOR U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION 9:
Amy C.Miller-Bowen, Director Date •
Enforcement and Compliance Assurance Division
. Of counsel:
Brett Moffatt
Attorney-Adviser
Office of Regional Counsel
•
•
•
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 17 of 17
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 9
75 Hawthorne Street _
San Francisco,California 94105
IN THE MATTER OF: ) DOCKET NO.CWA-309(a)-24-003
} •
County of Hawaii ) ADMINISTRATIVE ORDER ON CONSENT: •
25 Aupuni Street ) APPENDIX 1
Hilo, HI 96720 )
Respondent. ) Proceeding under Section 309(a)of the
) Clean Water Act,33 U.S.0§1319(a)
This Appendix(Appendix 1)sets forth the actions and compliance deadlines required by Section
V of the Administrative Order on Consent(EPA Order) between the United States Environmental
Protection Agency(EPA)and the County of Hawaii(COH or Respondent).The parties intend for
this Appendix to be compatible with,and capable of being incorporated into,one or more orders
that may be issued by the State of Hawaii, Department of Health("DOH")to the COH.
Each item that is required to be submitted by the EPA Order(including this Appendix),shall be
submitted concurrently to EPA and DOH.The COH shall also submit Project Tracking Schedules
for all actions listed herein to EPA and DOH,in accordance with Section V of the EPA Order.The
requirements and deadlines set forth below are incorporated into,and are enforceable
provisions of,the EPA Order,except where expressly limited. •
I.CRITICAL CAPITAL IMPROVEMENT PROJECTS
•
The County shall implement the following critical capital improvement projects and related
actions pursuant to the specified compliance schedule.Within 90 days,the COH shall establish
interim milestones for construction planning and project development in accordance with the
Project Tracking Schedules as specified in Section V of the EPA Order:
1. Hilo WWTP Rehabilitation and Replacement Protect: By September 30,2024,the COH
shall issue an invitation for bid for the construction proposal for the new or upgraded
WWTP. By August 1,2025,the COH shall begin construction on the new or upgraded
WWTP, except that after having identified a construction contractor(but prior to August
1,2025),the COH may submit a construction schedule to EPA and DOH for approval of a
different construction start date. By lune 30,2035,the COH shall complete construction
and begin operation of the new or upgraded WWTP.
a. This project shall include, but not be limited to,the evaluation and repair or
replacement of all assets which are inoperable,exhibiting significant corrosion,
deteriorating,or otherwise at risk of failure,including the headworks,primary •
treatment train,and biosolids handling.
2. Kula'imano WWTP Rehabilitation and Replacement Project: By October 30,2026,the
• COH shall issue an invitation for bid for the construction proposal for the project. By
March 1,2027,the COH shall begin construction on the project,except that after having
identified a construction contractor(but prior to March 1,2027),the CON may submit a
construction schedule to EPA and DOH for approval of a different construction start date.
By June 30,2030,the COH shall complete construction and begin operation of the new
and upgraded headworks and Air Delivery System for the aeration basin.
a. This project shall include, but not be limited to,evaluation and.repair of the
•
•
mechanical screen,barminutor,and aeration basin.
3. Papa'ikou WWTP Rehabilitation and Replacement Project: By October.30,2027,the COH
shall issue an invitation for bid for the construction proposal for the project. By March 1,
2028,the COH shall begin construction on the project,except that after having identified
a construction contractor(but prior to March 1,2028),the COH may submit a
construction schedule to EPA and DOH for approval of a different construction start date.
• By June 30,2031,the COH shall complete construction and begin operation of the new
and upgraded headworks,clarifier rake system,and Air Delivery System for the aeration
basins.
a. This project shall include, but not be limited to,evaluation and repair of the
mechanical screen, barminutor, clarifier rake system, and aeration basin.
4. Kealakehe WViiTP: (The COH has committed to undertake the actions specified in 1.4.a
and b,below.These actions are not requirements of the EPA Order,but may be
incorporated into one or more orders by the DOH).
a. By September 1,2025,the COH will issue an invitation for bid for the construction
proposal for the project described herein.By March 1,2026,the COH will begin
construction on the project,except that after having identified a construction
contractor(but prior to March 1,2025)the COH may submit a construction
schedule to EPA and DOH for approval of a different construction start date. By
June 30,2029,the COH will complete evaluation and construction of upgraded
and rehabilitated facilities including,but not limited to,design of a redundant 30"
parallel influent pipe,rehabilitation of the existing two vortex grit chambers,new
foul air piping,new force main influent stub,rehabilitation of the existing influent
box,a small pump for an existing bathroom,removal of existing equipment no
longer in use,and repair/removal of concrete T-lock lining.The project scope
In re County of Hawaii,Docket No..CWA-309(a)-24-003:Appendix 1 Page 2 of 9
•
consists of modifications to the existing influent piping,septage receiving area,
and headworks facilities.
b. The CON is coordinating with the DOH on a plan to evaluate the WWTP's •
discharge of treated wastewater,which is expected to be included in a DOH
Administrative Order to the COH.
5. Kealakehe SPS Force Main: By July 1,2025,the COH shall complete design of a new
(second)force main.
6. Hale Halawai SPS Force Main:By January 1,2025,the COH shall issue an invitation for bid
for the construction proposal for the project. By July 1,2025,the COH shall begin
construction on the project,except that after having identified a construction contractor
(but prior to July 1,2025 the COH may submit a construction schedule to EPA and DOH
for approval of a different construction start date. By June 30,2027,the COH shall
complete construction of a new force main. •
7. Pua SPS Force Main: By December 31,2030,the COH shall issue an Invitation for bid for
the construction proposal for the project. By December 31,2031,the COH shall begin
construction on the project,except that after having identified a construction contractor
(but prior to December 31,2031),the COH may submit a construction schedule to EPA
and DOH for approval of a different construction start date. By June 30,2035,the COH •
shall complete rehabilitation of the existing force main.
II.PLANNING AND REPORTING
8. Capital Improvement Program(CIP):The COH shall conduct a comprehensive condition
assessment to identify wastewater infrastructure in critical need of repair:The CIP
process shall include:
a. CIP Criteria:The COH shall develop and propose objective scoring criteria for the
condition of wastewater infrastructure and appurtenances. The scoring criteria
shall be used to prioritize and rank necessary repair,rehabilitation,and
replacement projects as well as new capital improvement projects.The scoring
criteria must address condition,criticality,and lifespan based on records review,
direct assessment,or other appropriate technical methods used to evaluate
wastewater infrastructure.
•
b. Preliminary Condition Assessment:The COH shall complete a preliminary
condition assessment to identify any components of wastewater infrastructure in
critical need of repair or recommended for system sustainability and efficiency.
The assessment shall include the following and shall utilize the objective scoring
criteria developed above: (1) Evaluation of potential data gaps or further
assessment needs to fully identify projects for CIP improvements;(2)Review
In re County of Hawaii,Docket No.CWA-309(a)-24-003:Appendix 1 Page 3 of 9
•
existing cost estimates to identify additional needs,data,or updates for cost
assessments;(3) Review feasibility of existing proposed timeframes and provide
recommendations; (4)Identify additional projects or recommendations for
consideration of projects to be considered for CIP ranking;(5) Recommendations
for capital projects to increase program efficiencies(e.g.,energy,maintenance,
equipment replacement,etc.);and(6)Evaluate capital projects for climate change
planning considerations(e.g.,sea level rise,water supplies).
•
c. Preliminary Priority Ranking: By July 30,2024 the COH shall develop a priority
ranked list of wastewater infrastructure in critical need of repair,replacement,or
rehabilitation based on the comprehensive condition assessment conducted.The
list shall include:(1)a list of all capital projects considered,including new
construction,equipment replacement,facility management plans and major
studies; (2)the ranking criteria used to rank projects;(3)project justification and
project prioritization; (4)technical project scope for the construction or
completion of the projects;(5)projections for a 5-year timeframe and 20-year •
planning timeframe;(6)a classification,itemization and explanation for project
expenditures including workforce/staffing needs;(7)estimated operations and
maintenance costs for each project;and(8)an evaluation of current AMP and CIP,
efforts.
d. Detailed Condition Assessment:The COH shall complete a detailed condition
•
assessment of the following components of wastewater infrastructure to further
evaluate critical*need of repair or recommended for system sustainability and
efficiency:(1) Keopu Sewer Pump Station and Force Main; (2)Project 19 Sewer
Pump Station and Force Main;(3)Wailuku Sewer Pump Station and Force Main;
(4)Onekahakaha Sewer Pump Station and Force Main;(5) Kolea Sewer Pump
Station and Force Main;and(5)Pauka`a Sewer Pump Station and Force Main.
e. Final Priority Ranking:By December 31,2026,the COH shall develop a final
priority ranked list of wastewater infrastructure in critical need of repair,
replacement,or rehabilitation based on the comprehensive condition assessments
conducted.The list shall include: (1)a list of all capital projects considered,
including new construction,equipment replacement,facility management plans
and major studies;(2)the ranking criteria used to rank projects;(3)'project
• justification and project prioritization; (4)technical project scope for the
construction or completion of the projects;(5)projections for a S-year timeframe
and 20-year planning timeframe;(6)a classification,itemization and explanation
for project expenditures including workforce/staffing needs;(7)estimated
operations and maintenance costs for each project;and(8)an evaluation of
current AMP and CIP efforts.
f. Critical Projects Implementation Schedule:By June 30,2027,The COH shall
• complete an implementation schedule for all CIP and repair,rehabilitation,or
•
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Appendix 1 Page 4 of 9
replacement projects ranked as critical in the Final Priority Ranking.The
implementation schedule will take into account the assessment of technical and
fiscal feasibility based on the project designs and the Interim Fiscal Pllan for Critical
Capital Improvement Projects.
g. Annual Assessment and Report: The-COH shall conduct an annual assessment of
the CIP to evaluate potential changes to the list of critical projects,
implementation schedules,and technical scope.The COH shall produce an annual
report on the status of the CIP list;including improvements,accomplishments,
and future critical needs of the system.The COH shall provide the report in a
standardized format to inform the public and decisionmakers of its operations.
h. Interim Financial Plan for Critical Capital Improvement Projects:By June 30,2027,
the COH shall develop and submit an Interim Financial Plan.The financial plan
- shall include at a minimum(1)cost estimates for all Critical Capital Improvement
Projects; (2)estimated annual budget(staffing,office space,vehicles,computers,
etc.)for execution of the capital improvement projects;and(3)a detailed
descriptive plan for raising sufficient revenue to meet the projected costs as
outlined in the annual budgets,including adjustments to user fees,taxes,
assessments,or other sources of revenue financing mechanisms.
9. County Integrated Wastewater Master Plan: By January 31,2027,the COH shall complete
an Integrated Wastewater Master Plan that accounts for operation and maintenance of
current wastewater infrastructure and future upgrades and expansions. The plan shall
account for each COH wastewater treatment plant and associated collection systems,as
well as planned expansions or new service areas.The purpose of the Wastewater Master
Plan is to identify,prioritize,budget,and schedule the construction of CIP and repair,
rehabilitation,or replacement projects needed to maintain and expand the COH •
wastewater system,as well as project costs,staffing and other needs associated with
operating the wastewater systems with a 20-year horizon.The Master Plan shall consist
of the following components:
a. WWTP Facility Plans:Develop or update plans for each wastewater treatment
plant and associated collection systems(the"Facility Plans").The Facility Plans
shall include a running list of CIP and repair,rehabilitation,or replacement
projects needed to maintain and improve the wastewater system and include all
projects not identified as"critical"in Section I,above.The CIPs identified shall be
used to inform the Financial Plan required in Paragraph 10 of this Appendix
(below).The planning document shall be completed for a 5-year,a 10-year,and a
20-year planning horizon.
b. WWTP Operations and Maintenance Manuals:Update Operations and
Maintenance(O&M) Manuals for all WWTPs.O&M Manuals should include
staffing plans for each facility and for the greater wastewater program.The
In re County of Hawaii, Docket No.CWA-309(a)-24-003:Appendix 1 Page 5 of 9
•
staffing plans must include,at a minimum:(1)Identification of adequate staffing
levels;12)summary of budget needs for the program (3) identification of training
needs for Operators and staff;and(4)identification for adequate funding to
support program.Staffing required for proper O&M of all WWTPs should be •
budgeted for in the fiscal year after th'e County-wide Master Plan is completed.
c. SPS Operations and Maintenance Manuals:Update O&M Manuals for all Sewage
Pumping Stations(SPS)that include staffing plans similar to the WWTP O&M
•
Manuals. •
•
d. Cesspool Conversion Master Plan. The Cesspool Conversion Plan shall include the
following components: Perform desktop analysis of cesspool areas;conduct
• community engagement and education;development of a Financial and Funding .
Plan;and Development of the Cesspool Conversion Plan
e. Regional Plans for Puna, Puako,South Kohala,and Pahoa.
•
f. Wastewater Sewer Service Connection Expansion Program: By December 31,
2026,the COH shall develop a Wastewater Sewer Service Connection Expansion
Program to promote environmental compliance,cesspool conversion,efficiency of
operations,and revenue generation.
• i. The COH shall establish sewer service areas for each of its wastewater
treatment plants.
ii. Within 9 months of the effective date,the respondent shall develop a
program to verify existing connections within the service areas and
identify parcels that need to be connected to the existing PQTW and
where collection system expansion is appropriate.
iii. . The COH shall modify the county code to require all newdevelopment
within service areas to connect to the POTW.
•
iv. The COH shall modify the county code to require all parcels within
service areas to connect to the POTW by the cesspool conversion date:
v. The COH shall produce a policy/procedure/rule requiring future rate
studies and facility plans include POTW expansion evaluations,and that
those expansions are programmed into the division budget through the
financial plan and CIP program.
g. Organizational Chart:The COH shall submit an Organizational Chart that shows
the staffing needed to perform-the planning and engineering effort required
under the EPA Order.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Appendix 1 Page 6 of 9
•
10. Financial Plan: By June 30,2028,the COH shall develop and submit a Financial Plan for a
5-year, 10-year,and 20-year planning horizon.The Financial Plan shall include,at a
minimum:
a. A financial management plan that can generate sufficient revenues to cover
wastewater operations,compliance activities,planning,design and construction
for the CIP project list for a 5-year,10-year,and a 20-year horizon.
b. Estimated annual budgets for all costs of operating,maintaining,and repairing
wastewater systems,including, but not limited to: personnel and staffing;
operations; maintenance; repair;and projected CIP and County Wastewater
Master Plan projects.
c. A detailed descriptive plan for raising sufficient revenue to meet the projected
costs as outlined in the budgets, including adjustments or increases in user fees,
increase of customer base,within the sewer service areas,taxes,assessments,or
other sources of revenue financing mechanisms.
III.,OPERATIONS AND MAINTENANCE
11.Asset Management System: The COH shall fully implement an Asset Management System
• (AMS)for WWTPs,pump stations and the collection system.The AMS shall include,at a
minimum:
a. AMS Implementation Plan: By June 30,2024,the COH shall develop and submit a
draft AMS Implementation Plan.The Implementation Plan must include review of
service request and work order standard operating procedures(SOP)to develop a
framework for supporting the following:(1)Collection system spill response plan;
(2)Collection system Preventative Maintenance Program; (3)Warehouse
management;and(4)Condition assessment inspections for vertical and horizontal
assets.
•
b. AMS Completion: By July 1st,2025,the COH shall complete the AMS
enhancements,at a minimum to include: (1)An ordering system within existing
AMS software; (2)A system to catalog and maintain a spare parts inventory; (3)
Incorporation of individual asset costs to replace existing data;(4)A completed
initial condition assessment of gravity sewer lines; (5) A formal review and
response to the recommendations provided in the Final Report including training
needs,workforce recommendations,water efficiency and conservation,and rate
structure.
•
c. Annual Report:The COH shall utilize the AMS software to produce an annual
report detailing, at a minimum:(1)summary of condition assessments conducted;
(2)summary of O&M conducted on assets;(3)summary of major assets repaired,
In re County of Hawaii,Docket No.CWA-309(a)-24-003:Appendix 1 Page 7 of 9
replaced or rehabilitated;(4)identification of assets remaining in critical condition
that have not been repaired, replaced or rehabilitated;(5) identification of assets
newly determined to be in critical condition;(6)proactive rehabilitation and
replacement planning for critical condition assets;(7)detailed cost analysis;and
(8)review of CIP planning to address critical assets.
12.County Sewage Collection Systems Preventative Maintenance Program:The COH will use
its best efforts to eliminate sewage spills from force mains,pumps stations,gravity lines
and WWTPs.The COH will continue to work toward reducing the number,frequency,and •
duration of spills.
a. Spill Response. By July 1,2024,the COH shall develop and submit a Spill Response
Plan for Force Mains and Gravity Mains.The Spill Response Plan shall be
developed with regional considerations and include:(1)Procedures for immediate
response to contain spills and minimize spill volume;(2)Standard procedures for
estimating spill volume;(3)Standard operating procedures for reporting spills.
• b. Sewer Line Operations and Maintenance Preventative Maintenance Program Plan.
By July 1,2025,the COH shall develop and submit a Sewer Line Operations and
Preventative Maintenance Program Plan.The Sewer Line Plan shall include:
i. Initial Condition Assessment:A condition assessment of all gravity sewer
lines shall be completed by CCTV by October 1,2028.The assessment
shall utilize an industry standard,such as the Pipeline Assessment
process developed by the National Association of Sewer Service
Companies(NASSCO)or similar procedure.The sewer line condition
rating shall be integrated into the AMP.A condition assessment of all
force mains shall be completed by October 1,2030.The COH shall
propose to EPA and DOH which industry standard assessment tool will be
followed within 18 months after the EPA Order is executed.
ii. Regular Inspection/cleaning:A schedule for regular inspections and/or
cleaning for each asset will be established and recorded in the AMS as it
is assessed.The plan will establish what factors are used to determine
the schedule and may include age,construction material,condition,and
the presence of defects.The plan shall also identify priority areas for
more frequent inspections and/or cleaning based on relevant
information, including citizen reports,prior inspections and cleaning,spill
reports,the history of spills,the incidence of problems with fats,oil,and
grease(FOG)and root blockages,and the design and history of the sewer
lines.The COH shall propose to EPA and DOH the inspection schedule .
and frequency for force main inspections and cleaning,where
appropriate,within 6-months of after the initial assessment. •
In re County of Hawai'1,Docket No.CWA-309(a)-24-003:Appendix 1 Page 8 of 9
•
iii. Corrective Actions:A schedule to complete repairs of sewer line
deficiencies identified as being at NASSCO Level 5(or equivalent)within 36
months,and deficiencies identified as NASSCO Level 4(or equivalent)
within 5 years. Repairs for sewer lines shall be in accordance with Water
Environment Federation(WEF)guidance to prevent spills due to improper
pipe bedding, line loads,earth movement, root growth damage,openings
in sewer lines,and faulty building sewer connections.The identification
and correction over time of any other sewer line system deficiencies,such
as misaligned pipes,grade deviations,solids build-up, hydrogen sulfide gas
• generation, pipe deformation hydraulic overloads, misaligned or damaged
manhole covers,and manholes shall be in accordance with WEF guidance.
Sewer line system deficiencies may, In some cases, be addressed with
increased maintenance.
iv. Controls:The plan shall provide for appropriate control system and
equipment redundancy for each county operated pump station and shall
also provide for timely response to pump station alarms.The plan shall
include a written checklist of standard procedures for pump station
repair and maintenance work for Use by County personnel.The plan shall
be based on the County's experience and shall address,where
appropriate,any additional•failure scenarios besides operator error.
•
•
•
•
•
In re County of Hawaii,Docket No.CWA-309(a)-24-003:Appendix 1 Page 9 of 9
#N-IED ST444,
2 A 7v
Z
0
1rI, Q
�+lqt PRO-C -
REGION 9
SAN FRANCISCO, CA 94105
May 13, 2026
Sent Via Email
Kimo Alameda, Ph.D., Mayor
Office of the Mayor
County of Hawai'i
25 Aupuni Street
Hilo, HI 96720
Kimo.Alameda@hawaiicountv.gov
Re: Administrative Order on Consent(AOC)
EPA Docket No. CWA-309(a)-24-003
Kula'imano Wastewater Treatment Plant(WWTP)and Papa'ikou WWTP
Approval to Extend Kula'imano WWTP and Papa'ikou WWTP Rehabilitation Dates
Dear Mayor Alameda:
On April 17, 2026,the County of Hawai'i (the County) submitted a letter to the U.S. Environmental
Protection Agency, Region 9 (EPA) requesting modifications to extend certain deadlines in the 2024
Administrative Order on Consent(Consent Order) between EPA and the County which requires
improvements to the County's wastewater treatment and collection facilities. Specifically,the County
requested that EPA extend the schedule for the Kula'imano WWTP by five years and extend the
schedule for the Papa'ikou WWTP by three years.
Basis for Extension of Kula'imano WWTP and Papa'ikou Extensions
EPA finds that the County has shown good cause for modifying the Consent Order to extend the
schedules to rehabilitate and replace the Kula'imano and Papa'ikou WWTPs. EPA notes that the
Discharge Monitoring Reports submitted by the County indicate that both WWTPs have been meeting
their National Pollutant Discharge Elimination System (NPDES) permit effluent limitations. As
described in the Consent Order,the requirements to rehabilitate the treatment systems are based on
the need to improve the operation and maintenance of the facilities. EPA appreciates the County's
commitment to evaluate and schedule any necessary repairs to ensure the facilities will operate
effectively until they are rehabilitated and replaced.
ATTACHMENT A-2
EPA's Determination
After considering the performance of these facilities and the significant costs and resources needed to
complete these rehabilitations, in addition to the County's ongoing rehabilitation work at the Hilo
WWTP and other wastewater infrastructure, pursuant to paragraph 48("Modification")of the Consent
Order, EPA is agreeable to revising the Consent Order to extend the schedules set forth in Appendix 1,
as follows:
Kula'imano WWTP(AOC App. 1,Sec. I, Para. 2)
- October 31, 2031—Issue invitation for bid;
- March 1, 2032—Start of construction on the project; and
- June 30, 2035—Complete construction and begin operation of the upgraded facility.
Papa'ikou WWTP(AOC App. 1, Sec. I, Para. 3)
- October 31,2030—Issue invitation for bid;
- March 1, 2031—Start of construction on the project; and
- June 30, 2034—Complete construction and begin operation of the upgraded facility.
A copy of the amended Consent Order is attached for your signature. Pursuant to Paragraph 48 of the
Consent Order,the revised Consent Order will not become effective until it is signed by both the
County and EPA.
If you have any questions about this letter, please feel free to contact John Tinger of my staff at(415)
972-3518, orTinger.John@epa.gov. Legal questions should be addressed to Brett Moffatt at (415)972-
3946, or Moffatt.Brett@epa.gov.
Sincerely,
AMY MILLER- ML itall ERyBOWEN signed byAMY
BOWEN Date: 026.05.13 15:14:48
Amy C. Miller-Bowen, Director
Enforcement and Compliance Assurance Division
cc via email:
Bobbie Texeira, Manager, Clean Water Branch, Hawai'i DOH
Dale Sakata, Deputy Attorney General, Health Division
William V. Brilhante,J. D. Managing Director
Merrick Nishimoto, Deputy Managing Director
Renee N. C.Schoen, Corporation Counsel
2
Diana Mellon- Lacey, Deputy Corporation Counsel
Diane Nakagawa, Director of Finance
Daniel Girvan, P.E., Director, Department of Environmental Management
Craig Kawaguchi, Deputy Director, Department of Environmental Management
Chris Laude, P. E, Acting Wastewater Division Chief
Mark!. Grant, Project Coordinator
Brett Moffatt, EPA Region 9,Office of Regional Council
Kimberly Wells, EPA Region 9, Office of Regional Council
3
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 9
75 Hawthorne Street
San Francisco, California 94105
IN THE MATTER OF: ) DOCKET NO. CWA-309(a)-24-003
County of Hawai'i ) ADMINISTRATIVE ORDER,ON CONSENT
25 Aupuni Street
Hilo, HI 96720
Respondent. ) Proceeding under Section 309(a)of the
Clean Water Act, 33 U.S.C. §1319(a)
I. INTRODUCTION
1. This Amended Administrative Order on Consent(Amended Order) is entered into
voluntarily by the United States Environmental Protection Agency(EPA)and the County of
Hawaii (Respondent). Upon the Effective Date of this Amended Order, as defined in Section XI
below,this Amended Order supersedes the prior Administrative Order on Consent, which
became effective March 26, 2024.
II. STATUTORY AUTHORITY
2. Section 309(a)of the Clean Water Act(CWA), 33 U.S.C. § 1319(a), provides that,
whenever the EPA finds that any person is in violation of any condition or limitation which
implements,inter alia,Sections 301(a)and 402 of the CWA,33 U.S.C. §§ 1311(a)and 1342,the
EPA may issue an order requiring such person to comply with such condition or limitation, and
shall specify a time for compliance that the EPA determines to be reasonable.
3. The following Findings of Fact and Determinations of Law are made and this Amended
Order is issued pursuant to the authority vested in the EPA by Section 309(a)of the CWA, 33
U.S.C. § 1319(a),as amended.This authority has been delegated to the Regional Administrator
of the EPA, Region IX,and further delegated by the Regional Administrator to the Director of
the Enforcement and Compliance Assurance Division of the EPA, Region IX.
4. Respondent neither admits nor denies the factual allegations and legal conclusions set
forth in Section IV of this Amended Order,except to the extent that those allegations provide
the EPA with a jurisdictional basis to enforce this Amended Order.
III. STATUTORY AND REGULATORY FRAMEWORK
5. CWA Section 301(a),33 U.S.C. § 1311(a), makes it unlawful for a person to discharge
pollutants from a point source into waters of the United States,except as authorized by a
4 TTACH ENT A-3
National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA
Section 402, 33 U.S.C. § 1342.
6. CWA Section 402, 33 U.S.C. § 1342, establishes the NPDES program and authorizes the
EPA and authorized states to issue permits governing the discharge of pollutants from point
sources into waters of the United States.
7. CWA Section 502(12),33 U.S.C. §1362(12), defines "discharge of a pollutant(s)"to mean
any addition of any pollutant to navigable waters from any point source or any addition of any
pollutant to the waters of the contiguous zone or the ocean from any point source other than a
vessel or other floating craft.
8. CWA Section 502(6),33 U.S.C. § 1362(6),defines"pollutant"to include, among other
things, "municipal waste discharged into water."
9. CWA Section 502(14),33 U.S.C. § 1362(14) defines "point source"to include "any
discernable,confined and discrete conveyance ...from which pollutants are or may be
discharged."
10.The State of Hawaii is authorized under the CWA to issue individual NPDES permits.
IV. FINDINGS OF FACT AND DETERMINATIONS OF LAW
11.The County of Hawai'i(Respondent) is a "municipality" and therefore is a "person"
within the meaning of CWA§ 502(5),33 U.S.C. § 1362(5).
12. Respondent owns and operates the wastewater collection,treatment, and discharge
facilities specified herein,which include approximately 105 miles of gravity sewer lines, 14
miles of sewer force mains, 16 sewer pump stations, three wastewater treatment plants
(WWTP)with National Pollutant Discharge Elimination System (NPDES) permits(Hilo, Papa'ikou,
and Kula'imano), one wastewater treatment facility with an Underground Injection Control
(UIC) permit(Honokaa WWTP), and two wastewater treatment facilities that utilize subsurface
disposal (Kapehu and Kealakehe WWTP).The county owns and operates two wastewater
systems that terminate in cesspools.1 The Respondent operates the Kaloko WWTP for the
County Office of Housing and Community Development that has a UIC permit.
13. Wastewater discharges from Respondent's facilities include municipal waste, biological
oxygen demand,total suspended solids,enterococcus, and therefore contain "pollutants," as
defined by CWA Section 502(6), 33 U.S.C. § 1362(6).
14. As detailed herein, Respondent's discharge of pollutants in wastewater into navigable
waters constitutes a "discharge of pollutants"within the meaning of CWA Section 502(12), 33
U.S.C. § 1362(12).
1 These two WWTPs are the subject of a separate Order,SDWA-UIC-AOC-2017-0002.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 2 of 17
15. Respondent's Hilo, Papa'ikou, and Kula'imano wastewater treatment facilities discharge
into the Pacific Ocean at outfall locations authorized through NPDES permits.The Pacific Ocean
is a "navigable water"and a "water of the United States, including the territorial seas"within
the meaning of CWA Section 502(7),33 U.S.C. § 1362(7),and implementing regulations.
16. The Hawaii State Department of Health (DOH) issued NPDES Permit No. HI0021377 for
the Hilo Wastewater Treatment Plant(Hilo Permit)to Respondent effective on May 1, 2020.
The Permit authorizes Respondent to discharge secondary treated wastewater through Outfall
Serial No.001 to the Pacific Ocean through a diffuser at Puhi Bay. The Hilo WWTP serves Hilo,
Hawaii and surrounding areas and treats domestic and commercial wastewater generated by
approximately 30,000 residents.
17.The DOH issued NPDES Permit No. Hl0021113 for the Papa'ikou Wastewater Treatment
Plant(Papa'ikou Permit)to Respondent effective June 1,2021.The Permit authorizes
Respondent to discharge secondary treated wastewater through Outfall Serial No. 001 to the
Pacific Ocean at Waipahi Point.The Papa'ikou WWTP serves the communities of Papa'ikou and
Paukaa and treats domestic wastewater generated by approximately 3,500 residents.
18.The DOH issued NPDES Permit No. HI0020770 for the Kula'imano Wastewater
Treatment Plant(Kula'imano Permit)to Respondent effective on April 1, 2017.The Permit
authorizes Respondent to discharge secondary treated wastewater through Outfall Serial No.
001 to the Pacific Ocean. The Kula'imano WWTP serves Pepeekeo, Hawaii and treats domestic
wastewater generated by approximately 1,500 residents.
19.The Hilo Permit, Papa'ikou Permit,and Kula'imano Permit(collectively the "NPDES
Permits")each provide authorization for discharges"in accordance with effluent limitations,
monitoring requirements and other conditions set forth herein,"and in the"Standard NPDES
Permit Conditions" (http://health.hawaii.gov/cwb/site-map/home/standard-npdes-permit-
conditions/).These permit requirements,which are identical except where indicated, include:
a. DOH "Standard NPDES Permit Conditions"Section 8(version 15), "Duty to mitigate,"
requires"The Permittee shall take all reasonable steps to minimize or prevent any
discharge or sludge use or disposal in violation of this permit or applicable law."See
Permit, p. 1.
b. DOH "Standard NPDES Permit Conditions"Section 9(version 15), "Proper operation
and maintenance," requires"The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related
appurtenances)which are installed or used by the Permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures.This
provision requires the operation of back-up or auxiliary facilities or similar systems
which are installed by the Permittee only when the operation is necessary to achieve
compliance with the conditions of this permit."See Permit, p. 1.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 3 of 17
c. Part A.1 of the NPDES Permits, "Effluent Limitations and Monitoring Requirements,"
authorize only the discharge of treated wastewater through Outfall Serial No.001 for
the Hilo, Papa'ikou,and Kula'imano WWTPs,and prohibit the discharge of pollutants
in locations that were not authorized in the NPDES Permits.
d. Part A.1 of the NPDES Permits, "Effluent Limitations and Monitoring Requirements,"
provides that the Permittee's authorizations to discharge treated wastewater is
subject to a monthly average effluent limitation and a maximum daily effluent limit for
enterococci that is specific to each permit for the Hilo WWTP, Kula'imano WWTP and
Papa'ikou WWTP.
e. Part A.1 of the Kula'imano Permit, "Effluent Limitations and Monitoring
Requirements," provides that the Permittee's authorization to discharge treated
wastewater is subject to a monthly average effluent limitation and a maximum daily
effluent limit for Total Ammonia (as Nitrogen).
20. Representatives of the EPA and/or the DOH conducted a number of compliance
inspections of Respondent's facilities, including the following:
a. March 7, 2022 inspection: Papa`ikou WWTP, report transmitted to Respondent on
April 14,2022.
b. March 7, 2022 inspection: Kula'imano WWTP, report transmitted to Respondent on
April 14, 2022.
c. October 7, 2021 inspection: Kealakehe WWTP (no NPDES permit) and collection
system, report transmitted to Respondent on December 21,2022.
d. October 6,2021 inspection: Hilo WWTP and collection system, report transmitted to
Respondent on December 21, 2022.
e. October 6, 2021 inspection: Papa'ikou WWTP and collection system, report
transmitted to Respondent on December 21,2022.
f. October 6, 2021 inspection: Kula'imano WWTP and collection system, report
transmitted to Respondent on December 21, 2022.
g. May 24, 2021 inspection: Hilo WWTP, report transmitted to Respondent on July 12,
2021.
h. February 11, 2021 desk audit:county wide collection system, report transmitted to
Respondent on May 20, 2021.
i. January 22, 2019 inspection: Hilo WWTP, report transmitted to Respondent on April
23, 2019.
j. December 16, 2016 inspection: Papa'ikou WWTP, report transmitted to Respondent
on March 23, 2017.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 4 of 17
k. December 16, 2016 inspection: Kula'imano WWTP, report transmitted to Respondent
on March 23,2017.
I. December 15, 2016 inspection: Hilo WWTP, report transmitted to Respondent on
March 23, 2017.
21. Effluent Limit Exceedances: Records provided by Respondent show that effluent
concentrations in the discharges from Respondent's WWTPs exceeded NPDES permit effluent
limits,from 2017 to the present, as follows:
a. At Hilo WWTP for October 2021, Respondent reported a maximum Enterococci
concentration of 39,000 CFU/100 mL, exceeding the daily maximum effluent limitation
of 11,700 CFU/100 mL.
b. At Papa'ikou WWTP for July 2021, Respondent reported a maximum Enterococci
concentration of 740 CFU/100 mL, exceeding the daily maximum effluent limitation of
104 CFU/100 mL.
c. At Papa'ikou WWTP for July 2021, Respondent reported a monthly geomean
concentration of 14 CFU/100 mL, exceeding the monthly effluent limitation of 7
CFU/100 mL for the month of July 2021.
d. At Kula'imano WWTP for September 2019, Respondent reported a maximum
Enterococci concentration of 230 CFU/100 mL, exceeding the daily maximum effluent
limitation of 104 CFU/100 mL.
e. At Kula'imano WWTP for March 2022, Respondent reported a maximum Total
Ammonia (as Nitrogen)concentration of 1,417 µg/L, exceeding the single sample
maximum effluent limitation of 320 µg/L.
22. Operation and Maintenance of Treatment Units at the WWTPs: From a review of the
records provided by Respondent and observations made during inspections,the EPA and DOH
inspectors have identified multiple treatment units that have been out of service and or
inadequately operated and maintained at the Hilo, Papa'ikou,and Kula'imano WWTPs. In
addition, Respondent does not have a program in place to systematically repair,rehabilitate,or
replace the aging treatment units prior to failure.These deficiencies have affected the
efficiency and operations of the treatment systems.The EPA has documented significant
operation and maintenance deficiencies from 2017 to December 1, 2022,which include:
a. At Hilo WWTP,one of the two aerated grit screening tanks is severely corroded and
has been out of service since at least 2016.The second grit screening tank is operable
but also exhibits significant corrosion.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 5 of 17
b. At Hilo WWTP, one of the two pre-aeration tanks is severely corroded and has been
out of service since at least 2016.The second grit screening tank is operable but
exhibits corrosion.
c. At Hilo WWTP, multiple gate valves at the headworks are severely corroded and
inoperable.
d. At Hilo WWTP,the rotating distributor arms at the two biotowers were significantly
corroded with blocked outlets and leaks that were observed during the 2019
inspection. Respondent did not correct this problem until November 2021, when
Respondent replaced the distributor arms.
e. At Hilo WWTP,two of the four recirculating pumps at the biotowers were inoperable
and were replaced with temporary trailer pumps from approximately 2015 to 2021.
Respondent did not correct this problem until 2021,when Respondent replaced all
biotower pumps.
f. At Hilo WWTP,the isolation valve at the biotowers waste activated sludge (WAS)
pumps is no longer operational, therefore the recirculation rate of waste activated
sludge is unknown and cannot be controlled.
g. At Hilo WWTP,sludge clumping was observed floating in the clarifiers during multiple
inspections from approximately 2013 to 2021, indicating improper operation of the
clarifiers.
h. At Hilo WWTP,the sludge digesters are severely corroded and the gate valve is
inoperable.The inoperable gate valve prevents isolation of the two digesters, and
therefore the digesters cannot be cleaned and maintained.
i. At Hilo WWTP,the floating roof of one of the two sludge digester tanks became stuck
when an overtopping of the sludge occurred, preventing the roof from operating
properly and preventing maintenance of the digester.
j. At Hilo WWTP,the roofs of both digester tanks are significantly corroded,which
prevents maintenance of the tanks due to unsafe conditions.
k. At Hilo WWTP,the boiler for heating the sludge digester tanks has been inoperable
since at least 2016.
I. At Papa'ikou WWTP,the influent grinder screen has been inoperable since at least
2016,causing Respondent to rely on a secondary bar screen, allowing small materials
such as sanitary wipes and small plastics to pass through the bar screen and cause
maintenance problems.
In re County of Hawai'i, Docket No.CWA-309(a)-24-003 Page 6 of 17
m. At Papa'ikou WWTP,sludge clumping was observed floating in the clarifiers during
multiple inspections,indicating poor operation of the clarifiers.
n. At Papa'ikou WWTP,the sludge dewatering centrifuge equipment has been
inoperable since at least 2016.As a result, Respondent hauls the sludge solids to the
Hilo WWTP for processing.
o. At Kula'imano WWTP,the influent grinder screen has been inoperable for several
years,causing Respondent to rely on a secondary bar screen. Materials passing
through the influent screens including floatables, plastics,wipes and fats oils and
greases, cause maintenance problems within the facility.
p. At Kula'imano WWTP, sludge clumping was observed floating in the clarifiers from
approximately 2013 to 2021, indicating poor operation of the clarifiers.
q. At Kula'imano WWTP,the sludge dewatering centrifuge equipment has been
inoperable since at least 2016. As a result, Respondent hauls the sludge solids to the
Hilo WWTP for processing.
r. At Hilo WWTP on November 22-23,2022, approximately 2.2 million gallons of primary
treated and partially disinfected sewage did not receive biological treatment due to a
broken air feed to the solids contactor unit and discharged through the outfall diffuser
pipe to Puhi Bay.
s. At Kula'imano WWTP on February 21,2022, approximately 1,055 gallons of secondary
treated but not disinfected sewage discharged into the coastal waters near Kula'imano
Homestead Road,via a drainage Swale,when the disinfection treatment system failed
due to an electrical problem.
t. At Hilo WWTP on January 27, 2022,approximately 8,600 gallons of partially treated
and disinfected sewage discharged to Puhi Bay through the outfall diffuser pipe due to
a failure of the trickling filter pumps caused by the temporary loss of electricity.
u. At Kula'imano WWTP on December 4,2021,approximately 14,340 gallons of partially
treated sewage discharged through the outfall to the coastal waters fronting
Pepeekeo town due to a power outage.
v. At Kula'imano WWTP on December 2,2021,approximately 14,340 gallons of primary
treated sewage discharged through the outfall to coastal waters fronting Pepeekeo
town when the aeration basin and disinfection treatment systems failed due to power
loss and a generator failure.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 7 of 17
w. At Kula'imano WWTP on September 19-20,2021,an in-plant spill of approximately
6,240 gallons of untreated sewage occurred at the headworks due to a plugged grit
screw and was contained on-site.
x. At Hilo WWTP on April 15, 2020,approximately 3,403 gallons of waste activated
sludge was spilled to ground due to a disconnected flexible hose during maintenance
activities and was contained on-site.
y. At Kula'imano WWTP on December 28-29, 2018, approximately 66,000 gallons of
secondary treated sewage discharged through the outfall to coastal waters fronting
Pepeekeo town when a pump failure caused the disinfection treatment system to fail.
z. At Kula'imano WWTP on November 27-28, 2017,approximately 94,666 gallons of
primary treated sewage discharged through the outfall to coastal waters fronting
Pepeekeo town when the aeration basin treatment system failed due to a power
interruption.
23.Operations and Maintenance Affecting Health and Safety: From a review of the
records provided by Respondent and observations made during inspections, inspectors have
identified potential health and safety concerns due to failure to properly operate and maintain
equipment.At Hilo WWTP, significant corrosion of the floating roof at the sludge digester tank
prevents operator access due to unsafe conditions.At Hilo WWTP, lightning rod wiring at the
top of the sludge digesters had corroded to the point where there was no connection to .
ground, in an area where there may be potential presence of methane in the digesters,which
may create a hazardous condition.At the non-NPDES Kealakehe WWTP facility the EPA
inspectors observed hypodermic needles in the primary lagoon due to inadequate influent
screening,which pose a risk to operators.
24.Sewer Collection Systems Spills and Operations and Maintenance: Based on a review
of the records provided by Respondent, including spill reports and observations made during
inspections, inspectors have determined that Respondent is not operating and maintaining its
sewer collections systems to prevent sewage spills. Respondent also has not sufficiently
assessed the condition of its sewer systems and does not have a program in place to
systematically repair, rehabilitate, or replace its aging force mains prior to failure. Based on age,
many force mains appear to be reaching their end of life and failure may result in significant
spill volumes. Most force mains do not have back-up redundancy in case of failure. A review of
sewage spills from the sewer collection systems since 2016 indicates that large spills have
occurred primarily due to debris blockage, overflows at pump stations(especially during large
storm events), ruptures in force mains, and corrosion. Inspectors have documented the
following significant sewage spills (greater than 1000 gallons)from 2017 to December 1,2022,
from the collection systems:
a. On May 16,2021, approximately 67,800 gallons of sewage spilled from the gravity line
along Hawaii Belt Road in Papa1kou, reaching Kapue Stream and ultimately reaching
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 8 of 17
the Pacific Ocean.The spill was due to a blockage in the sewer. During response
efforts, operators also found holes due to corrosion at the top of the sewer pipe
alongside the bridge at the Kapue Stream location.
b. On March 9, 2021, approximately 400,000 gallons of sewage was discharged via a
drainage swale to the coastal waters fronting Papa`ikou Wastewater Treatment plant,
caused by heavy rain.
c. On November 30,2020, approximately 28,000 gallons of sewage spilled from the force
main along Banyan Drive in Hilo near the Banyan pump station, reaching the Pacific
Ocean.The spill occurred when a contractor working on the sidewalk accidently
punched a hole into the force main.
d. On July 10-11,2020, approximately 20,000 gallons of sewage spilled from the force
main at the Keopu pump station along Ali'i Drive in Kailua-Kona, reaching the Pacific
Ocean.The spill was due to a failure in the cast iron force main caused by corrosion.
e. On September 28,2017,approximately 5,000 gallons of sewage spilled from the
gravity sewer line in Naalehu, discharging to the ground without reaching surface
waters.The spill was due to a badly corroded sewer line.
f. On June 13, 2017,approximately 2,000 gallons of sewage spilled from the force main
along Ali'i Drive in Kailua-Kona near the Lanihau sewage pump station, reaching the
Pacific Ocean. The spill was due to a rupture in the cast iron force main caused by
corrosion.
g. On June 5, 2017,a pipe failure caused secondary treated and disinfected wastewater
to discharge to coastal waters near the Pua sewage pump station.
h. On April 3, 2017, approximately 41,000 gallons of sewage spilled from the manhole at
Waianuenue and Laimana Street intersection in Hilo, reaching Wailuku River and the
Pacific Ocean. The spill was due to debris blockage in the gravity sewer line.
i. On January 27, 2017,approximately 5,000 gallons of sewage spilled from the Paukaa
pump station along Paukaa Drive in Hilo, reaching the Pacific Ocean.The spill was due
to rainfall overwhelming the capacity of the pump station which led to the wet well
overflowing.
25. Based on review of the records provided by Respondent and observations during
inspections, Respondent does not have a program in,place to systematically repair, rehabilitate,
and replace aging infrastructure prior to failure.
26. Based on a review of the records provided by Respondent and observations during
inspections, Respondent does not have a comprehensive capital improvement planning(CIP)
program to evaluate criticality of infrastructure and to plan for anticipated failures. Respondent
does not have an adequate financial plan with a sustainable funding mechanism to plan costs
and financing for necessary system capital improvement projects and repairs.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 9 of 17
27. Respondent's discharge of effluent from the Hilo, Papa'ikou and Kula'imano WWTPs in
excess of one or more effluent limits contained in these WWTP's NPDES Permits, as set forth in
Paragraph 21, are not in compliance with permit part A.1 and violate section 301(a)of the CWA,
33 U.S.C. §§ 1311(a).
28. Respondent's systemic failure to properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances)which are installed or used by the
Permittee to achieve compliance with the conditions of the NPDES Permits, as set forth in
Paragraphs 22-23,violates"Standard NPDES Permit Conditions"Sections 8 and 9 of the NPDES
Permits for the Hilo, Papa'ikou, and Kula'imano WWTPs.
29. Respondent's discharges of pollutants from its sewer collection systems to waters of the
United States,as set forth in Paragraph 24, were not authorized by an NPDES permit, and
therefore violate CWA Section 301(a), 33 U.S.C. § 1311(a).
30. For the violations identified in this Section, the EPA is authorized to issue an order
requiring compliance. CWA Section 309(a)(3), 33 U.S.C. § 1319(a)(3).
V: ORDER FOR COMPLIANCE ON CONSENT
31. Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the
authority of section 309(a) of the CWA,33 U.S.C. § 1319(a), IT IS HEREBY ORDERED and AGREED
that Respondent shall do the following:
32. Fully implement the actions specified in Amended Appendix 1, in accordance with the
schedule set forth in Amended Appendix 1.Amended Appendix 1 is incorporated herein by
reference and is an enforceable provision of this Amended Order.
a. For each design, plan and evaluation in Amended Appendix 1 that Respondent is
required to submit to the EPA,the EPA will review the submittal to evaluate whether
the requirements of this Amended Order have been met.The EPA may also provide
comments on the content of any submittal to assist Respondent in effectively
achieving compliance with this Amended Order.
b. All final submittals specified in Amended Appendix 1(including, but not limited to
plans, programs, designs, assessments and schedules)shall be deemed incorporated
into,and enforceable pursuant to,this Amended Order.
c. The schedule set forth in Amended Appendix 1 assumes that the EPA and DOH will
take thirty(30)calendar days to review each submittal.The EPA and DOH may take
more than thirty calendar days to review certain submittals, in which case,the EPA
will address any adjustments to this review time,and the effect of any such
adjustments on Respondent's subsequent due dates, on a case-by-case basis.
d. Nothing in Section V or Amended Appendix 1 waives, alters, or affects Respondent's
obligations to timely take all measures necessary to address any exceedance,
equipment failure, or other event which causes, or threatens to cause,a CWA
In re County of Hawaii,Docket No.CWA-309(a)-24-003 Page 10 of 17
violation (including any CWA permit violations), which arises prior to a deadline
contained in this Section or Amended Appendix 1,or milestone contained in a Project
Tracking Schedule.
e. For any project in Amended Appendix 1 which has a specific deadline for issuing an
invitation for bid and for start of construction, should the bids submitted for the
project not meet all requirements of the bid specifications,or exceed the engineer's
estimate for the project by a significant amount, Respondent may confer with the EPA
about steps that Respondent proposes to take,such as rebidding the project or
negotiating modifications to the submitted bid(s). If appropriate,the EPA will modify
the construction start date for the project to accommodate these additional steps.
33.Within ninety(90)calendar days of the effective date, Respondentshall submit Project
Tracking Schedules to the EPA and DOH, and semi-annually thereafter.The Project Tracking
Schedules shall establish detailed project timelines for each action set forth in Amended
Appendix 1, including start dates,end dates,and milestones and other interim dates for each
significant task.The Project Tracking Schedules shall establish the sequential component phases
and individual tasks for each action to ensure that all projects will meet compliance
requirements on schedule,developed with a consistent methodology to produce semi-annual
compliance tracking reports.
34.Semi-annually, beginning on the anniversary of the Effective Date, and continuing each
year until the Amended Order is terminated, Respondent shall submit to the EPA and DOH a
Semi-annual Compliance Report,which shall describe: (a) all of Respondent's compliance
•
activities during the prior six months; (b)any delays or failures to timely implement any of the
compliance actions during the prior six months;and (c)the schedule of activities for the coming
year and any issues or events that might affect timely implementation of any future compliance
activities. Respondent shall review the Project Tracking Schedules and identify any interim
date, milestones or project timeframes that are delayed or are anticipated to be delayed.
Annually, respondent shall convene a meeting with the EPA to meet in person or virtually to
discuss anticipated progress.
35. If Respondent becomes aware of any event which may delay the timely performance of
any obligation under this Amended Order, Respondent shall notify the EPA and DOH contacts
listed in Paragraph 42 as soon as possible. Respondent shall provide the reasons for the delay,
the anticipated duration of the delay, andithe measures to be taken to prevent or minimize the
delay. If Respondent is unable to provide any of this information at the time of initial notice,
Respondent shall provide this information within fourteen (14) days of the initial notice, except
as otherwise directed by the EPA. If Respondent revises its Project Tracking Schedules in
response to such an event, Respondent shall provide the updated Project Tracking Schedules to
the EPA and DOH. Compliance with this paragraph does not modify any deadline or other
requirement in this Amended Order, nor does it constitute compliance with any deadline or
other requirement in this Amended Order.
In re County of Hawai'i, Docket No.CWA-309(a)-24-003 Page 11 of 17
36. If the DOH issues any order(s)to Respondent under state authorities which address any
of the facilities or matters covered by this Amended Order, Respondent shall comply with the
DOH order(s), in addition to this Amended Order.
37. If Respondent believes there to be a conflict between the requirements of this
Amended Order and a DOH order, or any specific directions provided by the EPA or DOH to
Respondent regarding implementation of any order, Respondent shall immediately notify the
EPA and DOH of the apparent conflict and,as appropriate, request clarification from the
agencies or suggest steps to address the requirements of the orders. Respondent shall comply
with the EPA's directions for resolving the potential conflict between this Amended Order and
any DOH order.
38.The EPA will use its best efforts to provide technical assistance to Respondent in order
to support Respondent in fulfilling the obligations required by this Amended Order.
VI. FINAL REPORT AND TERMINATION OF THE ORDER
39. Within ninety(90)calendar days after Respondent has fully completed and
implemented the actions required by Section V of this Amended Order, Respondent shall
submit for the EPA's review and approval a final report (Final Report)that includes a description
and timeline of all of actions which have been taken toward achieving compliance with this
Amended Order.
40. If the EPA determines that all the requirements of this Amended Order have been
completed and implemented in accordance with this Amended Order,the EPA will provide
notice to Respondent and this Amended Order shall be deemed terminated.
41. If the EPA determines that any requirement has not been completed and implemented
in accordance with this Amended Order,the EPA will notify Respondent, provide a list of
deficiencies, and require Respondent to modify its actions as appropriate to correct such
deficiencies. If so required, Respondent shall implement the modified requirement(s)and
submit a modified Final Report.Should Respondent disagree with the EPA's list of deficiencies
or required corrections,the parties shall engage in informal negotiations. If Respondent
continues to disagree with the EPA, Respondent may invoke the Dispute Resolution process set
forth in Section VIII of this Amended Order.
VII. SUBMISSIONS AND RECORD RETENTION
42. Respondent shall submit all written communications, including the Final Report,
electronically in a format that allows them to be searchable by key word. Respondent shall send
all submittals to the following e-mail addresses.The EPA will inform Respondent of any changes
to the designated notice recipients.Submissions will be deemed made on the date they are
sent electronically.
As to the EPA:
In re County of Hawaii, Docket No.CWA-309(a)-24-003 Page 12 of 17
John Tinger, Enforcement and Compliance Assurance Division, US EPA.
Tinger.John@epa.gov
Brett Moffatt, Office of Regional Counsel, US EPA.
Moffatt.Brett@epa.gov
As to the DOH:
Bobbie Teixeira, Clean Water Branch, Hawaii Department of Health
Bobbie.Teixeira@doh.hawaii.gov
Dale Sakata, Hawaii Deputy Attorney General, Health Division
dale.k.sakata@hawaii.gov
All reports, notifications,documentation, and submittals required by this Amended Order shall
be signed by a duly authorized representative of Respondent as specified by 40 C.F.R. § 122.22
and shall include the following statement:
"I certify under the penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information,the information
submitted is,to the best of my knowledge and belief,true,accurate and complete. I
am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
•
43. Respondent shall preserve and retain all records and documents now in its possession
or control, or which come into its possession or control,that relate in any manner to the
performance of the tasks in this Amended Order, until five(5)years after termination of this
Amended Order. Respondent shall also instruct its agents to preserve all documents, records,
and information of whatever kind, nature or description relating to the performance of the
tasks.in this Amended Order.
VIII. DISPUTE RESOLUTION
44. Informal Negotiations: Any dispute under this Amended Order shall first be the subject
of informal negotiations. If informal negotiations are unsuccessful,the EPA's determination(s)
shall control, unless Respondent invokes dispute resolution pursuant to this Section by
submitting a written Notice of Dispute and Statement of Position to the EPA at the addresses
set forth in Section VII (Submissions and Record Retention).
45. Respondent's Notice of Dispute and Statement of Position:The Notice of Dispute shall
reference this provision of this Amended Order and clearly state the matter in dispute.The
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting Respondent's position and any supporting documentation relied upon by
Respondent.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 13 of 17
1
46.The EPA's Statement of Position:After the EPA has considered the information
contained in Respondent's Statement of Position and consulted with the DOH when
appropriate,the EPA shall provide Respondent with its Statement of Position.The EPA's
Statement of Position shall include, but need not be limited to,any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon by the United
States.The determination(s)set forth in the EPA's Statement of Position shall be binding on
Defendants.
47.The parties may continue to engage in discussions regarding the dispute,and may
resolve all or part of the dispute, prior to the EPA's issuance of its Statement of Position.The
dispute resolution process does not modify the scope of any work or any deadlines set forth in
this Amended Order, except as specified in writing by the EPA.
IX. MODIFICATION
48. Any request for modification by Respondent shall include the reason(s)for the request
and a timeline for completion. Modification of this Amended Order shall be in writing and shall
take effect only upon approval by the EPA. Failure by Respondent to implement any modified
requirement(s)shall be a violation of this Amended Order.
X. GENERAL PROVISIONS
49.This Amended Order is binding on Respondent and its officials, officers, directors, .
partners, agents, employees,successors and assigns, and on all persons, independent
contractors, consultants and contractors acting in concert with Respondent.
50. Respondent shall provide a copy of this Amended Order to any successor in interest to
its control, operation, or any other interest in any portion of its Facility at least thirty(30)
calendar days prior to the transfer, and shall simultaneously notify the EPA in writing,via e-
mail, that such notice has been given. Within fourteen (14) calendar days after the effective
date of this Amended Order or the date of contracting,whichever is later, Respondent shall
provide a copy of this Amended Order to all contractors and/or consultants to perform any of
the work described in Section V. Respondent shall condition the transfer of control, operation
or any other interest in any portion of its Facility and any contract related to the performance
of the work described in Section V upon successful execution of this Amended Order.
51.This Amended Order is not and shall not be construed to be a permit under the CWA,
nor shall it in any way relieve or affect Respondent's obligations under the CWA, or any other
applicable federal or state laws, regulations, and/or permits. Compliance with this Amended
Order shall be no defense to any actions commenced pursuant to such applicable laws,
regulations, or permits, nor does it constitute a release.
52.This Amended Order shall in no way affect the rights of the EPA or the United States
against any person not a party hereto.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 14 of 17
53.This Amended Order shall in no way limit or affect the EPA's authority to obtain
information, and to enter, inspect,sample or monitor compliance under any law, permit,court
order or agreement.
54.The provisions of this Amended Order shall be severable. If any provision is declared by
a court of competent jurisdiction to be unenforceable,then the remaining provisions shall
remain in full force and effect. Notwithstanding the foregoing,this Amended Order shall
become null and void should a court of competent jurisdiction,in the final decision of a case,
determines that Paragraph 32 is unenforceable.
55. Respondent consents to and agrees not to contest the EPA's authority or jurisdiction to
issue and enforce this Amended Order. Respondent waives any and all remedies,claims for
relief and otherwise available rights to judicial or administrative review that Respondent may
have with respect to any issue of fact or law set forth in this Amended Order, including any
right of judicial review under Chapter 7 of the Administrative Procedure Act, 5 U.S.C. §§701-
706.
56. Failure to comply with the terms of this Amended Order may result in liability for
statutory civil penalties under section 309(d)of the CWA, 33 U.S.C. § 1319(d), as modified by 40
C.F.R. Part 19. Upon suit by the EPA,a United States District Court may impose such penalties if
the court determines that Respondent has violated the CWA as described above and failed to
comply with the terms of this Amended Order. In determining the amount of any penalty the
court will consider the seriousness of the violations;the economic benefit(if any) resulting from
the violations,any history that Respondent may have of such violations, any good faith efforts
• that Respondent has made to comply with legal requirements,the economic impact a penalty
may have upon Respondent, and such other matters as justice may require.
57. Issuance of this Amended Order is not an election by the EPA to forego any remedies
available to it under the law, including without limit any administrative,civil or criminal action
to seek penalties,fines,or other appropriate relief under the CWA.The EPA reserves all
available legal and equitable rights and remedies to enforce any violations cited in this
Amended Order,and the right to seek recovery of any costs and attorney fees incurred by the
EPA in any actions against Respondent for non-compliance with this Amended Order.Should
the EPA pursue such action, Respondent reserves any defenses and affirmative claims it may
have with respect to the violations cited in this Amended Order, except that pursuant to
Paragraph 55, Respondent may not contest EPA's authority or jurisdiction to issue and enforce
this Amended Order.
58. In accordance with section 309(a)(4)of the CWA,33 U.S.C. § 1319(a)(4),the EPA will
provide notice and a copy of this Amended Order to the DOH upon execution.
59.The undersigned signatory for Respondent certifies that he or she is authorized to
execute this Amended Order and legally bind the Respondent.
60. For purposes of the identification requirement in section 162(f)(2)(A)(ii)of the Internal
Revenue Code,26 U.S.C. § 162(f)(2)(A)(ii),and 26 C.F.R. § 162-21(b)(2), performance of the
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 15 of 17
compliance activities called for under Part V of this Amended Order is"restitution,"
"remediation,"or "required to come into compliance with the law."
Xl. EFFECTIVE DATE
61.The original Order became effective on March 26, 2024.This Amended Order shall
become effective, and supersede the original Order, on the date it is signed by the EPA.
IN THE MATTER OF: COUNTY OF HAWAI'I
DOCKET NO. CWA-309(a)-24-003
IT IS SO AGREED AND ORDERED:
FOR RESPONDENT COUNTY OF HAWAI'I:
C. Kimo Alameda, Ph.D Date
Mayor
APPROVED BY COUNTY COUNCIL:
Resolution No.
Date
APPROVED AS TO FORM AND LEGALITY:
Renee N.C.Schoen, Esq. Date
Corporation Counsel
In re County of Hawaii,Docket No.CWA-309(a)-24-003 Page 16 of 17
IN THE MATTER OF:COUNTY OF HAWAI'I
DOCKET NO. CWA-309(a)-24-003
IT IS SO AGREED AND ORDERED:
FOR U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION 9:
Amy C. Miller-Bowen, Director Date
Enforcement and Compliance Assurance Division
Of counsel:
Brett Moffatt
Attorney-Adviser
Office of Regional Counsel
In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 17 of 17
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 9
75 Hawthorne Street
San Francisco, California 94105
IN THE MATTER OF: ) DOCKET NO. CWA-309(a)-24-003
County of Hawaii ) AMENDED ADMINISTRATIVE ORDER ON CONSENT:
25 Aupuni Street ) AMENDED APPENDIX 1
Hilo, HI 96720 )
Respondent. ) Proceeding under Section 309(a)of the
' Clean Water Act, 33 U.S.C. §1319(a)
)
This Appendix(Amended Appendix 1)sets forth the actions and compliance deadlines required
by Section V of the Amended Administrative Order on Consent(Amended Order)between the
United States Environmental Protection Agency(EPA)and the County of Hawai'i (COH or
Respondent).The parties intend for this Amended Appendix to be compatible with, and capable
of being incorporated into,one or more orders that may be issued by the State of Hawaii,
Department of Health ("DOH")to the COH.
Each item that is required to be submitted by the Amended Order(including this Amended
Appendix),shall be submitted concurrently to EPA and DOH.The COH shall also submit Project
Tracking Schedules for all actions listed herein to EPA and DOH, in accordance with Section V of
the Amended Order.The requirements and deadlines set forth below are incorporated into, and
are enforceable provisions of,the Amended Order, except where expressly limited.
I.CRITICAL CAPITAL IMPROVEMENT PROJECTS
The County shall implement the following critical capital improvement projects and related
actions pursuant to the specified compliance schedule.Within 90 days, the COH shall establish
interim milestones for construction planning and project development in accordance with the
Project Tracking Schedules as specified in Section V of the Amended Order:
1. Hilo WWTP Rehabilitation and Replacement Proiect: By September 30,2024,the COH
shall issue an invitation for bid for the construction proposal for the new or upgraded
WWTP. By August 1,2025,the COH shall begin construction on the new or upgraded
WWTP, except that after having identified a construction contractor(but prior to August
1, 2025),the COH may submit a construction schedule to EPA and DOH for approval of a
different construction start date. By June 30,2035,the COH shall complete construction
and begin operation of the new or upgraded WWTP.
a. This project shall include, but not be limited to,the evaluation and repair or
replacement of all assets which are inoperable,exhibiting significant corrosion,
deteriorating,or otherwise at risk of failure, including the headworks, primary
treatment train, and biosolids handling.
2. Kula'imano WWTP Rehabilitation and Replacement Project: By October 31, 2031,the
COH shall issue an invitation for bid for the construction proposal for the project. By
March 1,2032,the COH shall begin construction on the project,except that after having
identified a construction contractor(but prior to March 1,2032),the COH may submit a
construction schedule to EPA and DOH for approval of a different construction start date.
By June 30,2035,the COH shall complete construction and begin operation of the new
and upgraded headworks and Air Delivery System for the aeration basin.
a. This project shall include, but not be limited to, evaluation and repair of the
mechanical screen, barminutor,and aeration basin.
3. Papa'ikou WWTP Rehabilitation and Replacement Project: By October 31,2030,the COH
shall issue an invitation for bid for the construction proposal for the project. By March 1,
2031 the COH shall begin construction on the project, except that after having identified a
construction contractor(but prior to March 1, 2031),the COH may submit a construction
schedule to EPA and DOH for approval of a different construction start date. By June
30,2034,the COH shall complete construction and begin operation of the new and
upgraded headworks, clarifier rake system, and Air Delivery System for the aeration
basins.
a. This project shall include, but not be limited to,evaluation and repair of the
mechanical screen, barminutor, clarifier rake system,and aeration basin.
4. Kealakehe WWTP: (The COH has committed to undertake the actions specified in I.4.a
and b, below.These actions are not requirements of the Amended Order, but may be
incorporated into one or more orders by the DOH).
a. By September 1,2025,the COH will issue an invitation for bid for the construction
proposal for the project described herein. By March 1,2026,the COH will begin
construction on the project, except that after having identified a construction
contractor(but prior to March 1, 2025)the COH may submit a construction
schedule to EPA and DOH for approval of a different construction start date. By
June 30,2029,the COH will complete evaluation and construction of upgraded
and rehabilitated facilities including, but not limited to,design of a redundant 30"
parallel influent pipe, rehabilitation of the existing two vortex grit chambers, new
foul air piping, new force main influent stub, rehabilitation of the existing influent
box, a small pump for an existing bathroom, removal of existing equipment no
longer in use, and repair/removal of concrete T-lock lining.The project scope
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 2 of 9
consists of modifications to the existing influent piping, septage receiving area,
and headworks facilities.
b. The COH is coordinating with the DOH on a plan to evaluate the WWTP's
discharge of treated wastewater,which is expected to be included in a DOH
Administrative Order to the COH.
5. Kealakehe SPS Force Main: By July 1,2025,the COH shall complete design of a new
(second)force main.
6. Hale Halawai SPS Force Main: By January 1,2025,the COH shall issue an invitation for bid
for the construction proposal for the project. By July 1,2025,the COH shall begin
construction on the project, except that after having identified a construction contractor
(but prior to July 1, 2025 the COH may submit a construction schedule to EPA and DOH
for approval of a different construction start date. By June 30,2027,the COH shall
complete construction of a new force main.
7. Pua SPS Force Main: By December 31, 2030,the COH shall issue an invitation for bid for
the construction proposal for the project. By December 31,2031,the COH shall begin
construction on the project, except that after having identified a construction contractor
(but prior to December 31, 2031),the COH may submit a construction schedule to EPA
and DOH for approval of a different construction start date. By June 30,2035,the COH
shall complete rehabilitation of the existing force main.
II. PLANNING AND REPORTING
8. Capital Improvement Program (CIP):The COH shall conduct a comprehensive condition
assessment to identify wastewater infrastructure in critical need of repair:The CIP
process shall include:
a. CIP Criteria:The COH shall develop and propose objective scoring criteria for the
condition of wastewater infrastructure and appurtenances. The scoring criteria
shall be used to prioritize and rank necessary repair, rehabilitation, and
replacement projects as well as new capital improvement projects.The scoring
criteria must address condition,criticality, and lifespan based on records review,
direct assessment, or other appropriate technical methods used to evaluate
wastewater infrastructure.
b. Preliminary Condition Assessment:The COH shall complete a preliminary
condition assessment to identify any components of wastewater infrastructure in
critical need of repair or recommended for system sustainability and efficiency.
The assessment shall include the following and shall utilize the objective scoring
° criteria developed above: (1) Evaluation of potential data gaps or further
assessment needs to fully identify projects for CIP improvements; (2) Review
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 3 of 9
existing cost estimates to identify additional needs, data,or updates for cost
assessments; (3) Review feasibility of existing proposed timeframes and provide
recommendations; (4) Identify additional projects or recommendations for
consideration of projects to be considered for CIP ranking; (5) Recommendations
for capital projects to increase program efficiencies (e.g., energy, maintenance,
equipment replacement, etc.);and (6) Evaluate capital projects for climate change
planning considerations (e.g.,sea level rise,water supplies).
c. Preliminary Priority Ranking: By July 30,2024 the COH shall develop a priority
ranked list of wastewater infrastructure in critical need of repair, replacement,or
rehabilitation based on the comprehensive condition assessment conducted.The
list shall include: (1)a list of all capital projects considered, including new
construction, equipment replacement,facility management plans and major
studies; (2)the ranking criteria used to rank projects; (3) project justification and
project prioritization;(4)technical project scope for the construction or
completion of the projects; (5)projections for a 5-year timeframe and 20-year
planning timeframe; (6)a classification, itemization and explanation for project
expenditures including workforce/staffing needs; (7)estimated operations and
maintenance costs for each project; and (8)an evaluation of current AMP and CIP
efforts.
d. Detailed Condition Assessment:The COH shall complete a detailed condition
assessment of the following components of wastewater infrastructure to further
evaluate critical need of repair or recommended for system sustainability and
efficiency:(1) Keiipu Sewer Pump Station and Force Main; (2) Project 19 Sewer
Pump Station and Force Main; (3)Wailuku Sewer Pump Station and Force Main;
(4) Onekahakaha Sewer Pump Station and Force Main; (5) Kolea Sewer Pump
Station and Force Main;and (5) Pauka`a Sewer Pump Station and Force Main.
e. Final Priority Ranking: By December 31,2026,the COH shall develop a final
priority ranked list of wastewater infrastructure in critical need of repair,
replacement, or rehabilitation based on the comprehensive condition assessments
conducted.The list shall include: (1) a list of all capital projects considered,
including new construction,equipment replacement,facility management plans
and major studies; (2)the ranking criteria used to rank projects; (3) project
justification and project prioritization; (4)technical project scope for the
construction or completion of the projects; (5) projections for a 5-year timeframe
and 20-year planning timeframe; (6) a classification, itemization and explanation
for project expenditures including workforce/staffing needs; (7)estimated
operations and maintenance costs for each project;and (8) an evaluation of
current AMP and CIP efforts.
f. Critical Projects Implementation Schedule: By June 30,2027,The COH shall
complete an implementation schedule for all CIP and repair, rehabilitation,or
In re County of Hawaii, Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 4 of 9
replacement projects ranked as critical in the Final Priority Ranking.The
implementation schedule will take into account the assessment of technical and
fiscal feasibility based on the project designs and the Interim Fiscal Plan for Critical
Capital Improvement Projects.
g. Annual Assessment and Report: The COH shall conduct an annual assessment of
the CIP to evaluate potential changes to the list of critical projects,
implementation schedules, and technical scope.The COH shall produce an annual
report on the status of the CIP list, including improvements, accomplishments,
and future critical needs of the system.The COH shall provide the report in a
standardized format to inform the public and decisionmakers of its operations.
h. Interim Financial Plan for Critical Capital Improvement Projects: By June 30,2027,
the COH shall develop and submit an Interim Financial Plan.The financial plan
shall include at a minimum (1) cost estimates for all Critical Capital Improvement
Projects; (2) estimated annual budget(staffing, office space,vehicles, computers,
etc.)for execution of the capital improvement projects; and (3) a detailed
descriptive plan for raising sufficient revenue to meet the projected costs as
outlined in the annual budgets, including adjustments to user fees,taxes,
assessments,or other sources of revenue financing mechanisms.
9. County Integrated Wastewater Master Plan: By January 31,2027,the COH shall complete
an Integrated Wastewater Master Plan that accounts for operation and maintenance of
current wastewater infrastructure and future upgrades and expansions. The plan shall
account for each COH wastewater treatment plant and associated collection systems, as
well as planned expansions or new service areas.The purpose of the Wastewater Master
Plan is to identify,prioritize, budget,and schedule the construction of CIP and repair,
rehabilitation, or replacement projects needed to maintain and expand the COH
wastewater system, as well as project costs, staffing and other needs associated with
operating the wastewater systems with a 20-year horizon.The Master Plan shall consist
of the following components:
a. WWTP Facility Plans: Develop or update plans for each wastewater treatment
plant and associated collection systems(the "Facility Plans").The Facility Plans
shall include a running list of CIP and repair, rehabilitation,or replacement
projects needed to maintain and improve the wastewater system and include all
projects not identified as"critical" in Section I, above.The CIPs identified shall be
used to inform the Financial Plan required in Paragraph 10 of this Amended
Appendix(below).The planning document shall be completed for a 5-year, a 10-
year, and a 20-year planning horizon.
b. WWTP Operations and Maintenance Manuals: Update Operations and
Maintenance(O&M) Manuals for all WWTPs.O&M Manuals should include
staffing plans for each facility and for the greater wastewater program.The
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 5 of 9
staffing plans must include, at a minimum: (1) Identification of adequate staffing
levels; (2) summary of budget needs for the program (3) identification of training
needs for Operators and staff; and (4) identification for adequate funding to
support program.Staffing required for proper O&M of all WWTPs should be
budgeted for in the fiscal year after the County-wide Master Plan is completed.
r
c. SPS Operations and Maintenance Manuals: Update O&M Manuals for all Sewage
Pumping Stations(SPS)that include staffing plans similar to the WWTP O&M
Manuals.
d. Cesspool Conversion Master Plan. The Cesspool Conversion Plan shall include the
following components: Perform desktop analysis of cesspool areas;conduct
community engagement and education; development of a Financial and Funding
Plan;and Development of the Cesspool Conversion Plan
e. Regional Plans for Puna, Puako,South Kohala,and Pahoa.
f. Wastewater Sewer Service Connection Expansion Program: By December 31,
2026,the COH shall develop'a Wastewater Sewer Service Connection Expansion
Program to promote environmental compliance, cesspool conversion, efficiency of
operations,and revenue generation.
i. The COH shall establish sewer service areas for each of its wastewater
treatment plants.
ii. Within 9 months of the effective date,the respondent shall develop a
program to verify existing connections within the service areas and
identify parcels that need to be connected to the existing POTW and
where collection system expansion is appropriate.
iii. The COH shall modify the county code to require all new development
within service areas to connect to the POTW.
iv. The COH shall modify the county code to require all parcels within
service areas to connect to the POTW by the cesspool conversion date.
v. The COH shall produce a policy/procedure/rule requiring future rate
studies and facility plans include POTW expansion evaluations,and that
those expansions are programmed into the division budget through the
financial plan and CIP program.
g. Organizational Chart:The COH shall submit an Organizational Chart that shows
• the staffing needed to perform the planning and engineering effort required
under the Amended Order.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 6 of 9
10. Financial Plan: By June 30,2028, the CON shall develop and submit a Financial Plan for a
5-year, 10-year, and 20-year planning horizon.The Financial Plan shall include,at a
minimum:
a. A financial management plan that can generate sufficient revenues to cover
wastewater operations,compliance activities, planning, design and construction
for the CIP project list for a 5-year, 10-year,and a 20-year horizon.
b. Estimated annual budgets for all costs of operating, maintaining, and repairing
wastewater systems, including, but not limited to: personnel and staffing;
operations; maintenance; repair;and projected CIP and County Wastewater
Master Plan projects.
c. A detailed descriptive plan for raising sufficient revenue to meet the projected
costs as outlined in the budgets, including adjustments or increases in user fees,
increase of customer base, within the sewer service areas,taxes, assessments, or
other sources of revenue financing mechanisms.
\
III. OPERATIONS AND MAINTENANCE
11. Asset Management System: The COH shall fully implement an Asset Management System
(AMS)for WWTPs, pump stations and the collection system.The AMS shall include,at a
minimum:
a. AMS Implementation Plan: By June 30,2024,the COH shall develop and submit a
draft AMS Implementation Plan.The Implementation Plan must include review of
service request and work order standard operating procedures(SOP)to develop a
framework for supporting the following: (1) Collection system spill response plan;
(2) Collection system Preventative Maintenance Program; (3)Warehouse
management;and (4) Condition assessment inspections for vertical and horizontal
assets.
b. AMS Completion: By July 1st, 2025, the COH shall complete the AMS
enhancements, at a minimum to include: (1)An ordering system within existing
AMS software; (2)A system to catalog and maintain a spare parts inventory;(3)
Incorporation of individual asset costs to replace existing data; (4)A completed
initial condition assessment of gravity sewer lines; (5) A formal review and
response to the recommendations provided in the Final Report including training
needs,workforce recommendations,water efficiency and conservation, and rate
structure.
c. Annual Report:The COH shall utilize the AMS software to produce an annual
report detailing, at a minimum: (1) summary of condition assessments conducted;
(2)summary of O&M conducted on assets; (3) summary of major assets repaired,
In re County of Hawai'i, Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 7 of 9
replaced or rehabilitated; (4) identification of assets remaining in critical condition
that have not been repaired, replaced or rehabilitated; (5) identification of assets
newly determined to be in critical condition; (6) proactive rehabilitation and
replacement planning for critical condition assets; (7) detailed cost analysis; and
(8) review of CIP planning to address critical assets.
12. County Sewage Collection Systems Preventative Maintenance Program:The COH will use
its best efforts to eliminate sewage spills from force mains, pumps stations,gravity lines
and WWTPs.The COH will continue to work toward reducing the number,frequency, and
duration of spills.
a. Spill Response. By July 1,2024,the COH shall develop and submit a Spill Response
Plan for Force Mains and Gravity Mains.The Spill Response Plan shall be
developed with regional considerations and include: (1) Procedures for immediate
response to contain spills and minimize spill volume; (2)Standard procedures for
estimating spill volume; (3)Standard operating procedures for reporting spills.
b. Sewer Line Operations and Maintenance Preventative Maintenance Program Plan.
By July 1,2025,the COH shall develop and submit a Sewer Line Operations and
Preventative Maintenance Program Plan.The Sewer Line Plan shall include:
i. Initial Condition Assessment:A condition assessment of all gravity sewer
lines shall be completed by CCTV by October 1,2028.The assessment
shall utilize an industry standard,such as the Pipeline Assessment
process developed by the National Association of Sewer Service
Companies(NASSCO)or similar procedure.The sewer line condition
rating shall be integrated into the AMP.A condition assessment of all
force mains shall be completed by October 1,2030.The COH shall
propose to EPA and DOH which industry standard assessment too!will be
followed within 18 months after the original EPA Order is executed.
ii. Regular Inspection/cleaning:A schedule for regular inspections and/or
cleaning for each asset will be established and recorded in the AMS as it
is assessed.The plan will establish what factors are used to determine
the schedule and may include age, construction material, condition,and
the presence of defects.The plan shall also identify priority areas for
more frequent inspections and/or cleaning based on relevant
information, including citizen reports, prior inspections and cleaning,spill
reports,the history of spills,the incidence of problems with fats, oil, and
grease(FOG)and root blockages, and the design and history of the sewer
lines.The COH shall propose to EPA and DOH the inspection schedule
and frequency for force main inspections and cleaning,where
appropriate,within 6-months of after the initial assessment.
5
In re County of Hawai'i, Docket No.CWA-309(a)-24-003:Amended Appendix 1 Page 8 of 9
iii. Corrective Actions:A schedule to complete repairs of sewer line
deficiencies identified as being at NASSCO Level 5 (or equivalent)within 36
months, and deficiencies identified as NASSCO Level 4(or equivalent)
within 5 years. Repairs for sewer lines shall be in accordance with Water
Environment Federation (WEF)guidance to prevent spills due to improper
pipe bedding, line loads,earth movement, root growth damage, openings
in sewer lines, and faulty building sewer connections.The identification
and correction over time of any other sewer line system deficiencies,such
as misaligned pipes,grade deviations, solids build-up, hydrogen sulfide gas
generation, pipe deformation hydraulic overloads, misaligned or damaged
manhole covers, and manholes shall be in accordance with WEF guidance.
Sewer line system deficiencies may, in some cases, be addressed with
increased maintenance.
iv. Controls:The plan shall provide for appropriate control system and
equipment redundancy for each county operated pump station and shall
also provide for timely response to pump station alarms.The plan shall
include a written checklist of standard procedures for pump station
repair and maintenance work for use by County personnel.The plan shall
be based on the County's experience and shall address,where
appropriate, any additional failure scenarios besides operator error.
In re County of Hawai'i,Docket No.CWA-309(a)-24-003:,Amended Appendix 1 Page 9 of 9