HomeMy WebLinkAboutCOM 0674.005 2002-2004 Shintani, Earlanne
- - - -
From: Barbara Franklin [barbara.franklin@verizon.net) C'-'
Sent: Wednesday, July 28, 2004 8:29 PM ~ r
To: Dr. Fred Holschuh
'D
MJ
EPA fact shaat.pdf
Please make copies availabe for to all the council for
the Tuesday meeting at 9:00 a.m.
Barbara L. Franklin, Esq.
Attorney at Law
45-3590 Mamane Street, Suite 5
P.O. Box 9
Honokaa, HI 96727
(808)775-0530
(808) 775-1040 Fax
barbara.frankl i n@verizon. net
Comm. No. ~1~•~
Ref. To: Ftese~tsd M(~_
1 Ref. Ua!e-^J~i
V ~ United States (~iJt~ ~U~ Zi',' ~~I I ~ ~ J
Environmental Region 9 Ground Water EPA 909-F-04-005
Protection Agency Office (WTR-9) MAY 2004 Update/HI
Ban on Large-Capacity Cesspools
to Protect Public Health in Hawaii
Nationwide Restrictions for Large-Capacity Cesspools: The U.S. Environmental Protection
Agency (EPA) promulgated Underground Injection Control (UIC) regulations on December 7,
1999 which prohibit the construction of new large-capacity cesspools, effective April 5, 2000.
Existing large capacity cesspools must be upgraded orclosed by April 5, 2005. Cesspool
- owners are required to find a waste disposal alternative, such as connection to a municipal
N8W C2SS)]OOI sewer, or installation of an onsite wastewater treatment unit (such as a septic system).
constfu~tion
pl'Of11bItEd 3S Of Large capacity cesspool owners must notify EPA and the Hawaii Department of Health (DOH)
Underground Injection Control (UIC) programs of the existence of these cesspools and their
~1FI(I~I; FJ, ~[)(~0 intentto close them. To obtain an inventory form, EPA Form 7520-16, contact the Ground Water
Office at (415) 972-3540 or download it from www.epa.gov/safewater. If you have questions
EXISt~,t?SSj)0015 about the ban, contact Laura Tom Bose or Shannon FitzGerald, toll-free at 1-866-EPA-WEST (1-
tT1L1S~ ti ~ ~~a ' 866-372-9378) or by email at bose.laura@epa.gov, or fitzgeraldshannon@epa.gov. To register
[3 a cesspool with DOH, contact the UIC program at (808) 586-4258.
=l~i~Yii rJr 2~0~J
Whyis EPAbanning large Cesspoo/s7 Cesspools allow untreated sewage to percolate directly
to soil and ground water. They are a public health and environmental concern. They are banned
because of their likelihood of releasing disease-causing pathogens and other contaminants,
such as nitrate, to ground water. The sewage moves through the ground and can contaminate
ground water, streams (sources of drinking water) and the ocean.
The federal regulations
can be found at 40 CFR What is large-capacity? Single-family homes are not subject to the Underground Injection
part 144, Subpart G, which Control (UIC) regulations.
was published on
December 7, 1999. Fora _Non-residential cesspools, septic systems or similarwaste disposal systems are covered under
copy, see the EPA the UIC program if they are used for the disposal of sanitary waste and have the capacity to
Underground Injection serve 20 or more persons per day, such as a cesspool at a visitor center, business or school.
Control (UIC) website at
www.epa.govlsafewater,
see Class v. -Residential large-capacity cesspools are covered by this regulation if they serve a multiple
dwelling, community or regional system. For example, multiple homes plumbed into a single
Technical information cesspool or a series of cesspools (gang cesspool(s)).
regarding treatment
technologies can be found If cesspools are banned, how will we get rid of sewage9 If municipal sewer lines are
at www.epa.govlowml accessible, sewage should be disposed to the municipal sewerfortreatment before its release to
mtb/decent, see Toolbox. the environment. If a sewer line is not accessible, replacing or upgrading cesspools so that they
DISCLAIMER: are part of a conventional septic system (or enhanced onsite wastewater treatment system) is
The statemen/s in this acceptable, and can reduce the risk of contamination.
document are intended
sa/e/y as guidance. Th/s Cesspool owners should consult with the DOH Waste Water Branch and the County Wastewater
document /s no! intended, Program to learn what alternatives are allowable and what regulations or codes apply to their
nor can it be re/ied upon, situation. The type of waste treatment required may vary based on an area's vulnerability to
to create any rights contamination, population density, soils, hydrogeology, and climate.
en/orceab/e by any pally
in /itigaricn with the United Failure toclose orupgrade alarge-capacity cesspool byApril 5, 2005 could result in enforcement
Stales. by the EPA, including a fine of $32,500 per day per large capacity cesspool.
Regulatory Terms
The following definitions are provided to assist you with ,afluem (waale)
understanding the regulatory requirements and are taken from builtling(sy r srface or
t~naa) at ground
from the federal regulations at 40 CFR part 144.3 and E><eavalion
Hawaii Administrative Rules (HAR), Title 11, Chapters 23 Pwia Lavel
ri~ .
and 62. ~~~?=t Rng, or Precast Cha bie
or
~;~'y-''`~ other siGewall material, wiM
Cesspool means a "drywell" that receives untreated m i'<= ooaa~oin~:
sanitary waste containing human excreta, and which ~ t ' Beckfll Material
sometimes has an open bottom and/or perforated sides. i i j
[CFR] Further, it is an individual wastewater system which + Sludge Acwmulation
is designed to receive no more than 1000 gallons per day water table
of domestic wastewater. [HAR] Typical Cesspool Design
Drvwell means a well, other than an improved sinkhole or
subsurface fluid distribution system, completed above the
water table so that its bottom and sides are typically dry What if my cesspool disposes of more than just
except when receiving fluids. [CFR] sanitary waste or domestic wastewater? A cesspool
receiving a combination of sanitary waste and/or a
Individual Wastewater System means a facility which is commercial waste, such as a cesspool serving a hospital,
designed to receive and dispose of no more than 1000 gallons Laundromat or supermarket is an industrial well. It is subject
perdayofdomesticwastewater.[HAR] to federal and DOH UIC regulations as well as DOH
Wastewater regulations. If the cesspool serves or has
Sanitarvwaste(domesticwaste)meansliquidorsolidwastes served 20 or more persons, it must be closed by April
originating from human activities, such as wastes collected 2005. In addition, under state law, cesspools and other
from toilets, showers, wash basins, sinks used far cleaning individual wastewater systems receiving less than 1000
domestic areas, food preparation, clothes ordishwashing gallons per day (gpd) cannot be used for industrial
operations. [CFR] wastewater disposal, are in violation of state law, and must
upgrade. Cesspools receiving flows of greater than 1000
Seeoaoeoitmeansanexcavationinthegroundwhichreceives gpd and all injection wells must apply for a permit from
the discharge from treatment units and permits the effluent to the DOH UIC program.
seep through its bottom or sides to gain access to the
underground fonnation.[HAR] What if my cesspool is not a drywell by the federal
definition? The term "drywell" is used in the regulation to
Sevtic system means a "well" that is used to emplace cover the most common type of construction. Some areas
sanitary waste below the surface and is typically comprised may use other designs. Some areas may also experience
of a septic tank and subsurface fluid distribution system changes in water table levels, so that a cesspool is in the
or disposal system, e.g. seepage pit. [CFR] saturated zone. Cesspools that intersect the water table
are banned by DOH and must be upgraded. Discharge of
Subsurface fluid distribution system means an assemblage untreated sewage directly into the water table may be an
of perforated pipes, drain tiles, or other similar mechanisms even greater risk than discharge to soil above the water
intended to distribute Fluids belowthe surface ofthe ground. table, particularly in the transport of viruses.
[CFR]
How do I close my cesspool? The DOH UIC program
Well means a bored, drilled, or driven shaft whose depth is has specific backfilling requirements that are issued to
greater than the largest surface dimension; or, a dug hole the facility after an abandonment application is submitted
whose depth is greaterthan the largest surface dimension; or, by the facility. Backfilling should not occur unless backfilling
an improved sinkhole; or, a subsurface fluid distribution instructions are issued. For information, contact the UIC
system.(CFR] program at (808) 586-4258.
Other questions about Cesspools: How do I replace my system? Plans must be prepared
by a professional engineer for all new or replacement
What does it mean "have the capacity to serve more wastewater systems and must be submitted to the DOH
than 20 persons per day?" Any cesspool that is being Wastewater Branch for review and approval prior to
used or has been used by 20 persons in a single day meet construction. For information, contact the Wastewater
the federal definition of a large capacity cesspool. Branch at (808) 586-4294.