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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.