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HomeMy WebLinkAboutCOM 1025.000 2004-2006 ` U6~%„~; Barbara Bell Director Harry Kim Mayor -rs.. ` Nelson Ho 'rTr Bi.N'11 Deputy Director Cn>rixixfr of ~ttfuttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210. Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961-8086 ^ htte'//co hawaii hi us/directory/dir envmne htm `p-r~o irce~) t.J!1 C C CM August 15, 2006 r~ °c The Honorable Stacy Higa, Chair 3 And Members of the Hawai' i County Council 25 Aupuni Street Hilo, HI 96720 Re: July 2006 Department of Health Correspondence Dear County Council Members, We are forwarding the following documents relating to possible violations for your information: • July 10, 2006 Letter 06-529C&E CAB from Wilfred K. Nagamine, Clean Air Branch, to EKO Systems, Inc. - Subject: Informal Notice of Violation, One (1) Tub Grinder with 800 HP Caterpillar Diesel Engine, Kailua-Kona Transfer Station, Hawai' i, Complaint No. WH-06-41 • July 10, 2006 Letter S0713SL from Thomas Arizumi, Environmental Management Division, to HMP, Inc. dba Business Services Hawaii - Subject: Solid Waste Management Permit No. RY-0047-05 Expiration, HMP, Inc., dba Business Services Hawaii, 16-639 Kipimana Street, Keaau (TMK:1-6-148:029) • July 11, 2006 Letter S0720TN from Laurence K. Lau, Environmental Health, to Big Island Scrap Metal - Subject: Notice and Finding of Violation/Order We have also enclosed these additional letters that might be of interest to you: • July 10, 2006 Letter S0714SL from Thomas Arizumi, Environmental Management Division - Subject: Modification to Solid Waste Management Permit by Rule No. CC- 0009-02 White Goods Collection at Pahoa Convenience Center, County of Hawaii • July 14, 2006 Letter S0727SL from Thomas Arizumi, Environmental Management Division - Subject: Solid Waste Management Permit No. CO-0013-06, Greenwaste/Pallet Mulching and Used Cooling Oil Collection Operations, County of Hawaii, Department of Environmental Management, EKO Systems, Inc., dba Big Island EKO Systems, Kailua-Kona, Hawaii (TMK:7-4-20:016 Portion, 2 acres) • July 14, 2006 Letter S0723SL from Thomas Arizumi, Environmental Management Division -Subject: Solid Waste Management Permit No. CO-0012-06, Comm. No. p2'< Hawaii County is an equal opportunityprovider and employer. Ref. To. 19 ~1 Ref. Uote n))r s ~ Greenwaste/Pallet Mulching and Used Cooling Oil Collection Operations, County of Hawai' i, Department of Environmental Management, EKO Systems, Inc., dba Big Island EKO Systems, Hilo, Hawaii (TMK:2-1-13:150 Portion, 4.5 acres) If you have additional questions, please don't hesitate to contact me. Sincerely, ZA,Ae~A-- 11:100K~ Barbara Bell DIRECTOR enclosures cc: Harry Kim, Mayor SWD DA LINGLE CHIYOME ?UYJN0, M.~" GOVERNOROFHAWAII f DIRECTOR OF HEALTH CERTIFIED MAIL - RETURN RECEIPT REQUESTED (#7003 0500 0005 0167 3056) STATE OF HAWAII DEPARTMENT OF HEALTH v repp,*memfetW: Fle: P.O. Box 3378 HONOLULU, HAWAII %801-3378 06-529C&E CAB July 10, 2006 DISTRIBuT[ON: Mr. Rubens Fonseca ACCT Hawaii Regional Manager PER EKO Systems, Inc. C dba Maui EKO Systems, Inc. 3WD P.O. Box 1065 WWD Puunene, Hawaii 96784 Dear Mr. Fonseca: SUBJECT: Informal Notice of Violation One (1) Tub Grinder with 800 HP Caterpillar Diesel Engine Kailua-Kona Transfer Station, Hawaii Complaint No. WH-06-41 The Department of Health, Clean Air Branch (DOH), conducted a complaint investigation on March 23, 2006 and determined that a violation of the Hawaii Revised Statutes §34213-11, Hawaii Administrative Rules (HAR) §11-60.1-2, HAIR §11-60.1-33(a), and HAIR §11-60.1-33(b) occurred on March 22, 2006 when: The operation of a tub grinder at the Kailua-Kona Transfer Station created clouds of fugitive dust that crossed the property boundary and impacted the Kona Police Station. Reasonable fugitive dust controls were not being taken at the time of violation. The DOH has elected to serve you with this informal written notice that a violation has occurred rather than pursuing its other remedies that may include administrative, civil, or criminal penalties. Although the DOH has decided not to seek sanctions against your company at this time, it reserves the right to do so if further violations are noted. Unannounced follow-up investigations may be conducted in the future, and civil and administrative fines may be imposed in an amount of not more than $25,000 per day per violation. Accordingly, you should ensure that corrective action has been or will be taken as soon as possible. Please be aware that causing or permitting visible fugitive dust to become airborne without taking reasonable precautions to control it or allowing visible emissions of fugitive dust to escape from the property on which the emissions originate are violations pursuant to HAIR §11-60.1-33. A copy of HAIR §11-60.1-33 is enclosed for your information. If there are any questions, please contact Ms. Jill Stensrud of my staff in Honolulu at (808) 586-4200. Sincerely, 4 i ..i Fr >Ja, U Wt RED K. NA'dAMINE U Manager, Clean Air Branch JUL UL 1 wull JS:rkb By '#O Enclosure = c: William Cooper, Deputy Attorney General, State of Hawaii Barbara Bell, Director, Department of Environmental Management, County of Hawaii HAWAII ADMINISTRATIVE RULES TITLE 11 CHAPTER 60.1 AIR POLLUTION CONTROL §11-60.1-33 Fugitive dust. (a) No person shall cause or permit visible fugitive dust to become airborne without taking reasonable precautions. Examples of reasonable precautions are: (1) Use of water or suitable chemicals for control of fugitive dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land; (2) Application of asphalt, water, or suitable chemicals on roads, material stockpiles, and other surfaces which may result in fugitive dust; (3) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Reasonable containment methods shall be employed during sandblasting or other similar operations; (4) Covering all moving, open-bodied trucks transporting materials which may result in fugitive dust; (5) Conducting agricultural operations, such as tilling of land and the application of fertilizers, in such manner as to reasonably minimize fugitive dust; (6) Maintenance of roadways in a clean manner; and (7) Prompt removal of earth or other materials from paved streets which have been transported there by trucking, earth-moving equipment, erosion, or other means. (b) Except for persons engaged in agricultural operations or persons who can demonstrate to the director that the best practical operation or treatment is being implemented, no person shall cause or permit the discharge of visible fugitive dust beyond the property lot line on which the fugitive dust orig~ s. Eff 11/26/93; comp 10/26/98; comp ftv 15 001 ) (Auth: HRS §§342B-3, 342B-12; 42 U.S.C. §§7407, 7416) (Imp: HRS §§342B-3, 342B-12; 42 U.S.C. §§7407, 7416) Historical note: §11-60.1-33 is based substantially upon §11-60-5. [Eff 11/29/82; am, ren §11-60-5 and comp 4/14/86; am and comp 6/29/92; R 11/26/931 _ ?St oR ry?~ 4 ,Y?• 1LINDA LINGLE CHIYOME I. FUNINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH DISTRIBUTION: P. 0. BOX 3378 ACCT In reps. pease refer ro' EMDISHWE HONOLULU, HAWAII 98801-3378 PFR RC SWD July 10, 20Q(r WWD S0713SL CERTIFIED MAIL NO. 7005 1160 0003 8277 0968 RETURN RECEIPT REQUESTED Ms. Margaret Pahio, President HMP, Inc. dba Business Services Hawaii 962 Auwae Road Hilo, Hawaii 96720 Dear Ms. Pahio: SUBJECT: Solid Waste Management Permit No. RY-0047-05 Expiration HMP, Inc. dba Business Services Hawaii 16-630 Kipimana Street, Keaau, (TMK: 1-6-148:029) Based on our record review, the Solid Waste Management Permit No. RY-0047-05 will expire on August 18, 2006. PART I - STANDARD CONDITIONS, Item 18 of your permit requires that the permittee shall submit a permit renewal application at least one hundred eighty (180) days prior to the date of permit expiration, should the permittee decide to continue operation of the solid waste facility beyond the expiration date of the permit. We understand that, during our telephone conversation on June 28, 2006, you would like to continue operations and renew the permit for the subject facility. Please submit a complete renewal application to our office as soon as possible. The application must be submitted prior to August 18, 2006 for continued operations of the recycling facility. Permit application forms can be obtained online from our website at http://www.state.hi.us/health/environmental/waste/sw/index.html. The application package consists of the general instructions, application form, and Attachments P-1 through P-6. Your renewal application should be complete to include the application form, Attachments P-1 through P-6, and application filing fee. The Department of Health, Solid and Hazardous Waste Branch conducted an inspection at the subject site on March 9, 2006. We understand, based on our inspection and our telephone conversation on June 28, 2006, with you, that a building was under construction for temporary use and operations. Some of the operations on March 9, 2006, were observed near the building. D Ms. Margaret Pahio July 10, 2006 Page 2 We request that the following items be addressed or provided separately in addition to information required in the application package when you submit the renewal application: 1. Discuss the site access control and facility security. It appears that the current site access control is inadequate (i.e. there is no fence observed immediately to the west of the facility entrance gate) and may not meet the requirements in PART II - RECYCLING SPECIAL CONDITIONS, Item 13 of this permit. 2. Provide documentation to demonstrate that the facility meets the requirements in PART II - RECYCLING SPECIAL CONDITIONS, Items 7 and 9 of this permit. 3. Describe any current or proposed operations that are to occur with the temporary building under construction and/or near the building location. The operations observed on March 9, 2006, do not conform to the site plan associated with your current solid waste permit. The Department of Health reserve the right to pursue enforcement action for any past or current violations of Hawaii Revised Statutes 342H and Hawaii Administrative Rules (HAR) Chapter 11-58.1. If the required information is not submitted or the required items are not addressed adequately, we may not be able to evaluate your application and issue a permit on time. As a result, you may not be allowed to continue your operations after your existing permit expires and before you obtain a new permit. If you have any questions regarding this letter, please contact Ms. Sue Liu of the Solid and Hazardous Waste Branch at (808) 586-4226. Sincerely, THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division c: VBarbara Bell, County of Hawaii Debra Cabarloc, The Arc of Hilo a • o r ?'r LINDA LINGLE CNIYOME L. FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH 5 STATE OF HAWAII DEPARTMENT OF HEALTH N reply, *m refer ID P 0. BOX 3378 EMDIBMAB HONOLULU, HAWAII 96801-3378 July 11, 2006 S0720TN CERTIFIED MAIL NO. 7005 1160 0003 8277 1569 RETURN RECEIPT REQUESTED DISTRIBUTION: Mr. James Nutter, President --ACCT CCO'` bra r' Big Island Scrap Metal, ;7 1803 Dillingham Boulevard rd Honolulu, Hawaii 96818 ~WWD Dear Mr. Nutter. p - I' A - SUBJECT: NOTICE AND FINDING OF VIOLATION/ORDER Under HRS section 342H-7, we are issuing the enclosed Notice and Finding of Violation (NFV) and Order for the implementation of corrective actions regarding state solid waste noncompliance issues and payment of a penalty. Under section 342H-7, any order shall become final, and the penalty imposed due and payable twenty (20) calendar days after the NFV and Order are served, unless you request a hearing in writing, no later than twenty (20) calendar days after the NFV and Order are served. Furthermore, if the penalty is not paid to the Department of Health within thirty (30) calendar days after it becomes due and payable, the Director may institute a civil lawsuit to recover the penalty. Please direct all inquiries concerning this matter to Steven Y.K. Chang, Chief, Solid and Hazardous Waste Branch, Department of Health, 919 Ala Moana Boulevard, Room 212, Honolulu, Hawaii 96814. Sincerely, / ~tAURENCE K. U Deputy Director fo vironmental Health Enclosures c: Kathleen Ho, Deputy Attorney General Thomas P. Rack, Hearings Officer (NFV, Order) Aarbara Bell, Department of Environmental Management, County o D l~ JUL 18 2006 D ~,~3 3 AUG-01-2006 10:07 FROM:SOLID HAZARDOUSWASTE 80B5867509 T0:8089618086 P.3/7 IN THE DEPARTMENT OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH, ) DOCKET NO. 06-SHW-SWS-008 STATE OF HAWAII, ) COMPLAINANT,) VS. ) BIG ISLAND SCRAP METAL, LLC; ) NOTICE AND FINDING OF VIOLATION RESPONDENT. ) ) NOTICE AND FINDING OF VIOLATION A. INTRODUCTION 1. This is an administrative enforcement action instituted pursuant to §342H-7 of the Hawaii Revised Statutes ("HRS"). Complainant is the Department of Health, So id and Hazardous Waste Branch ("DOH"), Respondent is Big Island Scrap Metal, LLC, ("RESPONDENT'). 2. RESPONDENT owns, operates, controls, or manages a salvage facility for processing and baling vehicles, white goods, and scrap metal for recycling at the Hill Landfill, Waiakea, Hilo, Hawaii, TMK 3-2-1-13:150 ("site")- 3. RESPONDENT'S salvage facility is permitted by the DOH and has Solid Wailte Management Permit Number SV-0009-03 ("permit"). B. JURISDICTION AND LAWS 4. HRS § 3421-1-7 authorizes the DOH to issue orders assessing a penalty for a ~y past or current violation of HRS chapter 342H, or the rules adopted thereunder, or any term or condition of a permit issued pursuant to this chapter, and to require compliapce immediately or within a specified time. 5. RESPONDENT is a "person" as defined in HRS §342H-1. 6. Part II, Paragraph 22. d., of RESPONDENT'S permit provides' 1 RUG-01-2006 10:07 FROM:SOLID HRZRRDOUSWRSTE 8085867509 T0:808961808G P. 417 The permittee shall comply with the tire disposal requirements specified under HRS 3421 for Used Motor Vehicles Tire Recovery. Tires may be collected and temporarily stored before transporting them to a DOH-permitted or out-of-state recycling facility (HRS 3421-22). On-site storage shall meet all the relevant requirements of the local county fire code. Tires shall either be stored under )I a covered area or in an enclosed container to minimize the accumulation of dater and the creation of a vector problem. Tire piles and the tire storage container shall be free of all contaminants such as oil, grease, gasoline, diesel, etc. that could create fire hazards. 7. At all relevant times at the site, RESPONDENT operated a salvage facility vyith a permit issued by the DOH under the provisions of the Hawaii Revised Statutes (HRS), Chapter 342H, Solid Waste Pollution, and the Hawaii Administrative Rules (HAR), `title 11, Chapter 581, Solid Waste Management Control. C. STATEMENT OF FACTS COUNTI (improper Disposal of Motor Vehicle Tires) 8. Paragraphs 1 through 7 above are incorporated herein by this reference as If they were set forth here in their entirety. 9. On or about January 25, 2006, a former employee of Big Island Scrap Metal stated that he had dumped tires in a hole at the site and the hole was then coverer with dirt. The former employee stated that this occurred approximately four months ago. 10. On or about March 22, 2006, a current employee of Big Island Scrap Metal stated that he dug a hole with an excavator and saw tires placed in the hole. He sated that he then covered the tires with dirt, He stated that this occurred about three months before Christmas 2005. He stated that he was instructed to do this by Gus Morante, former Big Island Scrap Metal Yard Manager. 11. On or about March 22, 2006, under the observation of the DOH, the aforementioned current employee of Big Island Scrap Metal excavated approximately 80 tires from the area where he thought they had been buried. 0. FINDINGS On the basis of the foregoing provisions, it is hereby found and determined that: 12. On or about September 2005, RESPONDENT violated the terms and conditions of RESPONDENT'S permit. 2 RUG-01-2006 10:07 FROM:SOLID HRZRRDOUSWRSTE 8085867509 T0:8089618086 P.517 13. RESPONDENT is subject to the provisions of sections 342H-7 Enforcement 342H-9 Penalties, 3421-1-10 Administrative Penalties, and 342H-11 Injunctive Relief HRS, including penalties not to exceed $10,000 for each day of each violation. DATED: Honolulu, Hawaii JUL 14 2006 DEPARTMENT OF HEALTH STATE OF HAWAII URENCE K. LAU Deputy Director for Environmental Health APPROVED AS TO FORM: KATHLEEN S Y, HO Deputy Attorney General 3 RUG-01-2006 10:07 FROM:SOLID HRZRRDOUSWRSTE 8085867509 T0:8089618086 P.6/7 IN THE DEPARTMENT OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH, ) DOCKET NO. 06-SHW-SWS-008 STATE OF HAWAII, ) COMPLAINANT, ) vs. ) BIG ISLAND SCRAP METAL, LLC; ) ORDER ) RESPONDENT. ) ORDER Pursuant to chapter 342H, Hawaii Revised Statutes (HRS), the Department of Health's (DOH) Solid Waste Management Control rules, and the attached Notice and Finding of Violation made this day in Docket No. 06-SHW-SWS-008, Big Island Scrap Metal, LLC, ("RESPONDENT"), is hereby ordered to: 1. Immediately cease and desist burying tires or other solid waste at the scrap met, at recycling facility at the Hilo Landfill, Waiakea, Hilo, Hawaii, TMK 3-2-1-13:150. 2. Send to the Director of Health, within ten (10) calendar days after this order becI mes final, a certified check payable to the State of Hawaii in the amount of five thoUZZ five hundred ninety-nine dollars ($5,599). Paragraphs 1 to 2 of this Order and the Notice and Finding of Violation shall bedome final twenty (20) days after receipt, unless the RESPONDENT submits a certified written request to the Director for a hearing pursuant to section 342H-7, HRS before the twenty (20) days are up. If a hearing on paragraph 1 of this Order and the Notice and Finding of Violation is requested, it will be held in conjunction with the hearing on the penalty instituted by paragraph 2 of this Order. If a hearing is requested, it will be held on a date, time, and place to be specified later. The hearing will be conducted in accordance with Chapter 91, HRS and the Rules of Practice and Procedure of the Department of Health; the hearing will address the issue's raised by the Notice and Finding of Violation and Order in this case. If a hearing is requested, the RESPONDENT must attend a prehearing conference scheduled for September 15, 2006, at 10:00am, in Room 200, 1250 Punchbowl Street, Honolulu, Hav4i. At the prehearing conference, the date(s) of the hearing as well as other pertinent deadlines will be determined. If you have special needs due to a disability that will aid you in participating in the hearing or pre-hearing conference, please contact the Hearings Offi6er at 1 RUG-01-2006 10:07 FROM:SOLID HRZRRDOUSWRSTE 8085867509 TO:6089618086 P.7/7 (808) 586-4409 (voice) or through the Telecommunications Relay Service (711), at least ten (10) working days before the hearing or pre-hearing conference date. Parties may present evidence and argument on any issue raised by any paragraph in the Notice and Finding of Violation or Order or otherwise raised by this case. Parties may examine and cross-examine witnesses and present exhibits. Parties may be represented by legal counsel at their own expense. An individugl may appear on his own behalf, or a member of a partnership may represent the partnership,! or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust, or association. After such hearing, this Order shall be affirmed, modified, or rescinded by the Director. Please direct the written request for a hearing, if any, and all inquiries concerning this case to, Steven Y.K. Chang, P.E., Chief Solid and Hazardous Waste Branch Hawaii Department of Health P.O. Box 3378 Honolulu, Hawaii 96801 Telephone: 586-4240 Failure to comply with this Order may subject the RESPONDENT to additional penalties of $1,000 a day and measures under chapter 342H, HRS and the rules adopt~d thereunder. Tons JUL 14 DATED: Honolulu, Hawaii DEPARTMENT OF HEALTH STATE OF HAWAII I AURENCE K. LA "Deputy Director for ' ironmental Health APPROVED AS TO FORM: w n L KATHLEEN S.Y H Deputy Attorne General 2 • t' O F H'4 1 LINDA LINGLE CNIYONE L. FUKINO, N.D. GOVEIINOR OF HAWAII ~ DIRECTOR OF HEALTH 5 ~.o.:a .•,"e~ STATE OF HAWAII DISTRIBt ACCF DEPARTMENT OF HEALTH a rekm P. 0. BOX 3378 PER In repty, pease re HONOLULU, HAWAII 98801-3378 RC EMEWSHWEI SWD -WWD July 10, 2006 S0714SL CERTIFIED MAIL NO. 7005 1160 0003 8277 0975 RETURN RECEIPT REQUESTED The Honorable Barbara Bell, Director Department of Environmental Management County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Bell: SUBJECT: Modification to Solid Waste Management Permit by Rule No. CC-0009-02 White Goods Collection at Pahoa Convenience Center, County of Hawaii The Department of Health (DOH), Solid Waste Section (SWS) received, on June 26, 2006, your White Goods Collection at Pahoa Operations Plan June 2006 and Revised Site Layout Map for the subject site, transmitted via your June 21, 2006 letter. SWS is making a motion to modify solid waste management permit by rule No. CC-0009-02 for Pahoa Convenience Center (commonly called Pahoa transfer station). This letter serves as a permit modification to the subject solid waste management permit by rule to include white goods collection operations, as described in the White Goods Collection At Pahoa Operations Plan June 2006 and Revised Site Layout Map submitted in your June 21, 2006, letter. The subject permit shall be modified with the addition of item No. 19 under Additional Permit Conditions of solid waste management narmit by rL:!e No. CC-0009-02, as follows. Additional Permit Condition for Convenience Center, Item No. 19: 19. Permittee may accept and temporarily store white goods from residential sources. The accepted white goods shall be free of contaminants that may cause nuisances to the human health and environment (i.e., leftover food in refrigerators, etc.). White goods that enter the facility shall be unloaded properly and stored in an upright position at a designated area indicated on the Revised Site Layout Map. Measures shall be taken to prevent the release of CFC's from refrigerant containing items intothe atmosphere. Federal regulations prohibit ve f JUL 14 2006 II%1~ ~50G The Honorable Barbara Bell July 10, 2006 Page 2 CFCs into the atmosphere. Storage capacity for the accepted white goods shall be limited to 20 cubic yards or 20 items. Removal of the accepted white goods shall occur once a week or more frequent to prevent nuisance conditions (i.e. odors and vectors) or health, safety or environmental hazard. All collected material shall only be transported to, managed, and processed at DOH-permitted recycling facilities. The white goods operations must be consistent with the White Goods Collection At Pahoa Operations Plan June 2006 and Revised Site Layout Map. Should there be discrepancies between the submitted materials and the permit conditions, the permit conditions will take precedence. The permittee may appeal to the Director of Health any of the conditions of the subject permit. The appeal must be in writing and submitted to the Director of Health within twenty (20) days after the receipt of this notice. Based on a telephone conversation between Mr. Terin Gloor, County of Hawaii Solid Waste Civil Engineer, and Ms. Sue Liu of our staff, we understand that the County did not find evidences of any inactive landfills near the subject site while selecting the location indicated on the Revised Site Layout Map for white goods collection. The County noted there might be an inactive landfill located approximately 1.5 miles away from the subject site. The County will provide information of locations of active/inactive landfills adjacent to proposed white goods and greenwaste activities at the County's existing convenience centers when submitting its request in the future. Hawaii Revised Statutes 34211-14 states that unless the submitted documents and other information secured by the department from the permittee contain confidential information, such as secret processes or methods of manufacture, they shall be made available for inspection by the public. Please notify the Solid and Hazardous Waste Branch within twenty (20) days of the receipt of this letter if you would like to make a claim, of confidentiality. Otherwise, your entim application will be available fa. public inspection. If you have any questions regarding this letter, please contact Ms. Sue Liu of the Solid and Hazardous Waste Branch at (808) 586-4226. Sincerely, THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division , '4 g O N1 4 \000 1- s - LINDA LINGLE CHIVOME L. FUKINO, MD. . GOVERNOR OF HAWAII DIRECTOR OF HEALTH v.m1.M®•\O STATE OF HAWAII DEPARTMENT OF HEALTH NI m*, pease Inter W! P. O. BOX 3378 EMWHMB HONOLULU, HAWAII 98801-3378 July 14, 2006 S0727SL CERTIFIED MAIL NO.: 7005 1160 0003 8276 7142 RETURN RECEIPT REQUESTED DISTRIBUTION: - ACCT The Honorable Barbara Bell, Director -P Department of Environmental Management -P'~rD County of Hawaii _WWD 25 Aupuni Street, Room 210 Hilo, Hawaii 96720 CERTIFIED MAIL NO.: 7005 1160 0003 8276 7173 RETURN RECEIPT REQUESTED Mr. Thomas A Pawlish EKO Systems, Inc. dba Big Island EKO Systems P. O. Box 140686 Lakewood, Colorado 80214 Dear Ms. Bell and Mr. Pawlish: SUBJECT: Solid Waste Management Permit No. CO-0013-06 Greenwaste/Pallet Mulching and Used Cooking Oil Collection Operations County of Hawaii, Department of Environmental Management EKO Systems, Inc., dba Big Island EKO Systems Kailua-Kona, Hawaii (T.M.K. No.: 7-4-20:016 Portion, 2 acres) This letter is in response to your application received on March 2, 2006, and application filing fees received on April 4, 2006, for a Solid Waste Management Permit to operate a greenwaste/pallet mulching and used cooking oil collection facility at the subject site. Enclosed is a receipt for the filing fees to the County of Hawaii. The application has been reviewed and approved. The enclosed Solid Waste Management Permit No. CO-0013-06 is issued under the provisions of Hawaii Revised Statutes, Chapter 342H, `Solid Waste Pollution,"and Hawaii Administrative Rules, Title 11, Chapter 58.1, "Solid Waste Management Control." The Department of Health will conduct compliance inspections periodically after this permit is issued. rJtJ ~T] L41 9 2006 The Honorable Barbara Bell Mr. Thomas A. Pawlish July 14, 2006 Page 2 We received comments during the permitting process. A fax received on May 25, 2006, from Mr. Rubens Fonseca of EKO Systems, Inc. and a letter received on June 7, 2006, from the County of Hawaii provided comments with respect to the mulch (processed material) storage capacity for both Hilo and Kailua-Kona facilities. The County and EKO Systems, Inc. expressed their concerns and recommended increasing the storage capacity and height of the mulch piles at both facilities. We considered the comments and had several discussions with the County and EKO Systems, Inc. We explained that the storage capacity was calculated with consideration of both processed and unprocessed material at the site. The storage capacity requirement in the permit does not prevent the amount of mulch being processed as long as the mulch produced is moved out from the site. Based on the particular situation at this site, we allowed more flexibility for storage of the processed material, provided that additional monitoring is conducted (see PART II - SPECIAL CONDITIONS Item 10 of this permit). Our intent is to prevent potential fire hazards and provide a safety zone for the general public at the subject facility. Upon receipt of additional comments from the County via a letter dated June 27, 2006, we held a telephone conference on July 7, 2006, between Mr. Mike Dworsky of the County of Hawaii, Mr. Rubens Fonseca of EKO Systems, Inc., and Ms. Lene Ichinotsubo and Ms. Sue Liu of the DOH to discuss the comments. As you are aware, PART II - SPECIAL CONDITIONS Items 8, 10, and 13 of this permit have been revised/clarified accordingly as a result of the conference. We recommend that you read the permit conditions thoroughly. Based on the County's letter dated June 4, 2006, and in response to a dust complaint, we understand that a dust/wind fence has been installed and the facility is in the process of installing wind direction-monitoring flags. Please submit a description and drawing of the design, installation, and results of the installed dust barrier within thirty (30) days of receipt of this permit, as required in PART II - SPECIAL CONDITIONS Item 6 of the permit. A discussion of all other dust control measures that is currently used at the site may be submitted at the same time. The permittee may appeal to the Director of Health any of the conditions to the subject permit. The appeal must be in writing and submitted to the Director of Health within twenty (20) days after the receipt of this notice. The Honorable Barbara Bell Mr. Thomas A. Pawlish July 14, 2006 Page 3 HRS 342H-14 states that unless the submitted documents and other information secured by the department from the permittee contain confidential information, such as secret processes or methods of manufacture, they shall be made available for inspection by the public. Please notify the Solid and Hazardous Waste Branch within twenty (20) days of the receipt of this letter if you would like to make a claim of confidentiality. Otherwise, your entire application will be available for public inspection. Should you have any questions regarding this letter, please contact Ms. Sue Liu of the Solid and Hazardous Waste Branch at (808) 586-4226. Sincerely, THOMAS E. ARI E., CHIEF Environmental Management Division Enclosure: Solid Waste Management Permit No. CO-0013-06 Receipt of filing fee c: Rubens Fonseca (w/enc.) Clean Air Branch, DOH (w/enc.) PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 1 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility SOLID WASTE MANAGEMENT PERMIT This permit is issued under the provisions of Hawaii Revised Statutes (HRS), Chapter 342H, "Solid Waste Pollution" and Hawaii Administrative Rules (HAR), Title 11, Chapter 58.1, "Solid Waste Management Control." The above-named permittees are hereby authorized to operate the facility as shown on the approved application dated February 27, 2006, received on March 2, 2006; additional submissions; and other approved documents on file with the Department of Health. To Operate: A greenwaste/pallet mulching and used cooking oil collection and storage facility. The operation shall be consistent with the operational procedures submitted and approved as part of the application dated February 27, 2006, and approved additional and subsequent submissions. Should there be discrepancies between the submitted materials and these permit conditions, the permit conditions will take precedence. Location: Old Dump Road, across the road from the Kona Police Station, Kailua-Kona, Hawaii (T.M.K. No.: 7-4-20:016, 2 acres and as indicated on the site location drawing) Subject to: HRS Chapter 342H, HAIR 11-58.1, and Part I - Standard Conditions and Part II - Special Conditions of this permit. Acceptance of this permit constitutes an acknowledgment and agreement that the holder will comply with all rules, regulations, and orders of the department and the conditions precedent to the granting of this permit. This permit supersedes Solid Waste Management Permit No. CO-0032-05. (for) Director of He State of Hawaii PERMITTEEIOWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 2 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility PART I - STANDARD CONDITIONS 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittees and enforceable, pursuant to the authority of HRS Chapter 342H. The department will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittees, their agents, employees, servants, or representatives. 2. This permit shall be kept at or near the operation site for which the permit is issued and shall be available upon request [HAR 11-58.1-04(f)]. A request for a duplicate permit shall be made in writing to the director within ten (10) days after the destruction, loss, or defacement of this permit. A fee of $50.00 shall be submitted with the request [HAR 11-58.1-04(h)(3)]. 3. This permit is non-transferable whether by operation of law or otherwise, either from one location to another, from one solid waste disposal operation to another, or from one person to another without the written approval of the director [HAR 11-58.1-04(e)(2)]. 4. This permit (a) shall not in any manner affect the title of the premises upon which the facility is or will be located; (b) does not release the permittees from any liability for any loss due to personal injury or property damage caused by, resulting from, or arising out of the design, installation, construction, operation, maintenance, or closure of the facility; (c) does not release the permittees from compliance with other applicable statutes and regulations of the State of Hawaii or with applicable federal or local laws, regulations, or ordinances; (d) in no way implies or suggests that the state of Hawaii, or its officers, agents, or employees assumes any liability, directly or indirectly, for any losses due to personal injury or property damage caused by, resulting from, or arising out of the design, construction, operation or maintenance of the facility; and (e) shall not constitute nor be construed to be an approval of the design, construction, operation, maintenance, closure and post-closure of the facility beyond the regulatory requirements mandated by HRS 342H and HAR 11-58.1. PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 3 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility 5. The permittees shall submit complete and detailed plans and reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the department in the form prescribed by the department. The plans and reports shall be prepared by a competent person acceptable to the department, and at the expense of the permittees. 6. This permit is valid only for the specific processes and operations applied for and indicated in the submitted application and additional submissions on file with the department. Any unauthorized deviation from the submitted application, approved drawings, operations manual, additional submissions, or conditions of this permit may constitute grounds for revocation of this permit, and/or enforcement action by the department. Should there be any discrepancies between the submitted documents and the permit conditions, the permit conditions shall take precedence. A copy of the submitted application and additional submissions shall be maintained at the facility. 7. The permittees shall at all times properly operate and maintain the facility and systems of process and control (and related appurtenances) that are installed or used by the permittees to achieve compliance with the conditions of this permit, as required by department rules. The facility shall be designed, constructed, and equipped so as to operate without causing a violation of applicable rules and regulations. 8. Issuance of this permit does not preclude the permittees' responsibility to obtain any and all necessary approvals and permits from the appropriate federal, state, and local agencies, including zoning clearances, prior to the start of operations. 9. The Department of Health (DOH) may, on its own motion, modify, suspend, or revoke a permit if, after affording the applicant a hearing in accordance with HRS Chapter 91, the department determines that any permit condition, rule, or provision of HRS Chapter 342H has been violated or that such is in the public interest [HAR 11-58.1-04(d)]. 10. Notification requirements. The permittees are required to notify the DOH, in writing or facsimile, whenever there are incidents such as fire, explosion, or release of regulated material/waste, which could threaten human health or the PERMITTEEIOWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 4 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility environment (i.e., air, soil, or surface and subsurface waters). Initial notification may be by phone or fax and reported within eight (8) hours, whenever possible, and no more than twenty-four(24) hours. The notification report shall be submitted within fifteen (15) days and shall include: a. name, address, and telephone number of the owner and operator; b, name, address, and telephone number of the facility at which the incident occurred; C. date, time, and type of incident (i.e., fire, explosion, release, etc.); d. name and quantity of material(s) involved; e. the extent of injuries, if any; f. an assessment of actual or potential hazards to human health or the environment, where this is applicable; and g. estimated quantity and disposition of recovered and unrecovered material that resulted from the incident. Notification requirements for releases only apply to releases of a quantity equal or exceeding the reportable quantity (RQ) listed in HAR Section 11-451. 11. If, for any reason, the permittees do not comply with, or will be unable to comply with, any condition or limitation specified in the permit, the permittees shall notify the department verbally within twenty-four (24) hours followed by a written report within fifteen (15) days of the verbal notification. The written report shall contain the following information: a. description and cause of noncompliance; b. period of noncompliance, including exact dates and times; and, if not corrected, the anticipated duration that the noncompliance is expected to continue; and c. steps being taken to prevent recurrence of the noncompliance. The permittees may be subject to enforcement action by the department, penalties, or revocation of this permit. PERMITTEEIOWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 5 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility The use of an electronic facsimile device (FAX) for notifications is acceptable. Any data transmission or detailed explanations transmitted shall be accompanied by regular mail submittals. Failure to notify in accordance with this requirement may initiate enforcement action. 12. The department may require the permittees to conduct sampling and testing to determine the degree of pollution, if any, from the solid waste facility. 13. Unless the submitted documents and other information secured by the department from the permittees contain confidential information, such as secret processes or methods of manufacture, they shall be made available for inspection by the public (HRS 342H-14). The permittees shall be responsible for identifying, in writing, the specific information asserted to be confidential. The department shall review the permittees' assertion and determine if confidentiality is indeed warranted. 14. The director may, in accordance with HRS Section 342H-6, enter and inspect the facility for the purpose of (a) investigating an actual or suspected source of solid waste or other pollution; (b) ascertaining compliance or noncompliance with any rule; regulation, permit condition, or standard promulgated by the department; and (c) conducting tests in connection therewith (including collecting soil, water, air, ash, and any other material or samples). 15. The permittees shall comply with the following monitoring and recordkeeping requirements: a. Upon request, the permittees shall furnish all records (e.g., transaction reports, disposal receipts, sampling, and testing results) and plans required by the department. The retention period for all records shall be a minimum of five (5) years; however, there shall be an indefinite retention period for all records associated with any unresolved enforcement action as determined by the department. b. The permittees shall retain at the facility or other location designated by this permit, records of all monitoring information (including all calibration and maintenance records and all original recordings of monitoring instrumentation), copies of all reports required by this permit, and records of all data used to complete the application for this permit. The retention PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 6 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility period shall be a minimum of five (5) years from the date of the sample, measurement, report, or application unless otherwise specified by department rule. C. Records of monitoring information, if applicable, shall include: - the date, exact location, and time of sampling or measurements; - the person responsible for performing the sampling or measurements; - the date(s) analyses were performed; - the person responsible for performing the analyses; - analytical techniques or methods used; and - results of such analyses. 16. If the department determines that the permittees have violated or is violating any provision of HRS Chapter 342H, HAR Chapter 11-58.1, or these permit conditions, the department may pursue enforcement action in accordance with HRS 342H-7, Enforcement, 342H-9, Penalties, 3421-1-10, Administrative Penalties, 342H-11, Injunctive and other relief, or any other pertinent rules. 17. If the governor or the director determines that an imminent peril to the public health and safety is, or will be, caused by the disposal of solid waste or any combination of discharges of other waste that requires immediate action, the governor or the director, without a public hearing, may order the permittees to immediately reduce or stop the disposal, discharge, or process, and may take any and all other actions as may be necessary (HRS 342H-8). 18. Should the permittees decide to modify the permit or continue operation of the solid waste facility beyond the expiration date of the permit, the permittees shall submit a complete permit modification or renewal application at least one hundred eighty (180) days prior to modification or the date of permit expiration. 19. Should the permittees decide to terminate the facility operation (or be facing lease termination or eviction), the permittees shall perform necessary closure activities including, but not limited to, the removal of all remaining solid waste and performing appropriate site assessments and remedial activities. Prior to the termination of the operation, the permittees shall also notify the department in writing at least within ninety (90) calendar days of the facility's closure [HAR 11-58.1-04(e)(3)]. The written notification shall include an updated closure plan, which should accomplish the following objectives: PERMITTEVOWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 7 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility a. Provide an assessment of the site's present and future threat to public health and the environment due to contaminants possibly left on-site from the facility's operation. b. Provide a plan of action to minimize or mitigate any threats to public health and the environment due to contaminants possibly left on-site by the facility's operation. C. Provide a schedule to implement the plan of action. Upon department approval of the closure plan, the permittees shall implement the plan in accordance with the approved implementation schedule. 20. Compliance with this permit does not in any way relieve the owner or operator of the solid waste management facility from compliance with other federal, state, or local laws or regulations including, but not limited to, worker health and safety. PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 8 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility PART 11- SPECIAL CONDITIONS 1. This facility may accept and process clean greenwaste, as defined in HAR 11-58.1-03, and pallets. In this permit, the pallets are defined as untreated and unpainted wooden pallets. Treated lumber of any type is prohibited. The facility may accept used cooking/vegetable oil for temporary storage. No vegetable waste, food waste, animal waste, or other municipal solid waste shall be accepted at this facility. 2. No hazardous waste, in accordance with 40 CFR Part 261, may be collected, transported, or disposed of at the facility. 3. The permittees shall implement a screening program, such that unacceptable materials are not accepted or processed at the facility. Should unacceptable material enter the facility, this material should be properly disposed of at permitted disposal facilities prior to causing or creating a nuisance condition, health, safety or environmental hazard. 4. The facility shall be supervised, secure, and have a permanent sign identifying the facility, hours of operation, materials accepted, operator name, and a telephone number to contact in case of emergencies. 5. Scavenging at the facility by the general public is prohibited. 6. Adequate measures shall be provided to control litter, scattering of wastes, dust, insects, odors and vectors. Litter from the facility that has blown to locations outside the facility shall be collected and properly disposed. Unprocessed greenwaste and pallets shall be processed as soon as practicable to prevent a litter, fire, vector, or nuisance situation. The permittees shall periodically evaluate the effectiveness of the dust control systems and make necessary improvements to minimize dust. A dust barrier to prevent dust from the mulching operations reaching neighboring areas shall be established and maintained. A description and drawing of the design, installation, and results of the installed dust barrier shall be submitted within thirty (30) days of receipt of this permit. PERMITTEEIOWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 9 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility 7. The subject site shall be provided with an all weather working surface and suitable surface water control. Adequate drainage shall be provided to prevent standing water inside the facility. Any discharges from the site shall be in accordance with applicable federal, state, and local laws and regulations. 8. Suitable means shall be provided to minimize fire hazards and prevent fires. The Appendix D, Fire Prevention Plan, and Appendix E, Emergency Action Plan-Fire Response, in the Operations Manual dated February 2006, shall be implemented to minimize fire hazards and prevent fires. Adequate spacing shall be provided between all piles to provide firebreaks and to ensure access to these piles in case of an emergency. A fifteen (15) foot buffer zone shall be provided between storage piles and site boundaries and as defined by the submitted site plan dated February 2006. 9. The Green Waste/Pallet Mulching & Used Cooking Oil Collections Operations Manual and the Site Plan submitted as part of the permit application dated February 2006, and any approved subsequent submissions shall become part of this permit. A copy of the operations manual and site plan shall be maintained at or near the facility. Should there be any discrepancies between the submitted operations manual and these permit conditions, these conditions will take precedence. 10. The permittees shall process the incoming greenwaste and pallets, at a minimum, once every other month. Storage of unprocessed greenwaste and pallets is limited to 2000 cubic yards and piles of the unprocessed greenwaste shall not exceed 15 feet in height. Storage of stockpiled mulch is limited to 500 cubic yards and piles of the mulch shall not exceed 5 feet in height, except freshly chipped mulch piles may be up to 10 feet in height during processing/chipping time. If the mulch pile exceeds 5 feet in height, daily temperature monitoring of the mulch pile with associated recordkeeping shall be conducted. If temperature measurements indicate potential fire condition of the mulch pile, the pile shall be turned as necessary. 11. Location of the processing equipment shall provide adequate separation distance between the processing area and drop-off area to ensure a safety zone for the general public. No mulch pick up for the general pubic shall be allowed at the facility. PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 10 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility 12. The permittees shall only collect and temporarily store used cooking oil in storage totes located in a secondary containment system under a cover area. The size of the secondary containment system shall be large enough to hold the volume of the largest tote in the containment system. Measures shall be taken to prevent collected used cooking oil from being discharged or allowed to enter into storm drain systems, surface or groundwaters, water courses, marine waters, or onto the ground. Temporary storage of used cooking oil is limited to 1300 gallons (five 250 or four 350 gallon totes containing used cooking oil not exceeding 1300 gallons) and shall not be stored longer than two (2) weeks. Collected used cooking oil shall be transported to a DOH-permitted recycling facility for processing. 13. The permittees shall maintain the following records at the facility and shall produce such records to the department upon request: a. Mulching operation including, but not limited to, incoming greenwaste and pallets screening; (late of greenwaste and pallets chipped; and weight or volume of mulch produced; daily temperature monitoring and pile-turning data; and date, time, and type of complaint and incidents. Weight or volume of incoming greenwaste and pallets shall be recorded as much as possible such that estimated quantity is acceptable. Records of incoming greenwaste and pallets shall be kept separately. b. Used cooking oil collection and storage including, but not limited to, source of the used cooking oil; name of commercial hauler; date, time and quantity received; reported releases; date, quantity, and destination the collected used cooking oil was transported to. 14. The permittees shall notify and obtain approval from the department, in writing, prior to any further expansion of the mulching or cooking oil storage operation. Written justification for further expansion of operations shall include, but is not limited to, a discussion on the desired increase in production, the availability of space to expand the operations (to include space calculations), any construction necessary or required for expansion, and any nuisance complaints encountered during current operations. Depending on the extent of the expansion, a modification to this permit may be required. PERMITTEE/OWNER: Permit Number: CO-0013-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 11 of 11 EKO Systems, Inc. dba Big Island EKO Systems Kailua-Kona Greenwaste Mulching Facility 15. The permittees shall notify the department, in writing, of any operational changes (e.g., use of a different equipment for processing, use of different nuisance control systems, etc.). A revised operations manual, reflecting these changes shall be submitted for the department's review and approval prior to implementation. Depending on the extent of the proposed changes, a modification to this permit may be required. 16. An annual report shall be submitted to the department reporting the quantities by weight or volume, greenwaste and used cooking oil received, processed, distributed or location of disposal. The report shall also include a summary of incidents outside of normal operations. The report shall be for July 1 to June 30 of the previous year and submitted by July 31 of each year. Reports shall be submitted to: Department of Health Environmental Management Division Solid and Hazardous Waste Branch P.O. Box 3378 Honolulu, Hawaii 96801-3378 \YDI 1 LINDA LINGLE CNIYOME L. FUKINO, M.D. DIRECTOR GOVERNOR OF HAWAII OF HEALTH S F ~OVa ~A STATE OF HAWAII DEPARTMENT OF HEALTH In regy,pNwrebm: P. O. BOX 3378 EMDrHrY9 HONOLULU, HAWAII 96801-3378 July 14, 2006 S0723SL CERTIFIED MAIL NO.: 7005 1160 0003 8277 0128 RETURN RECEIPT REQUESTED The Honorable Barbara Bell, Director DiSTIUB TION. Department of Environmental Management ACCT PER County of Hawaii C 25 Aupuni Street, Room 210 R SL Hilo, Hawaii 96720 --WWD CERTIFIED MAIL NO.: 7005 1160 0003 8277 0135 RETURN RECEIPT REQUESTED Mr. Thomas A. Pawlish, President EKO Systems, Inc. dba Big Island EKO Systems P. O. Box 140686 Lakewood, Colorado 80214 Dear Ms. Bell and Mr. Pawlish: SUBJECT: Solid Waste Management Permit No. CO-0012-06 Greenwaste/Pallet Mulching and Used Cooking Oil Operations Department of Environmental Management, County of Hawaii EKO Systems, Inc., dba Big Island EKO Systems Hilo, Hawaii (T.M.K. No.: 2-1-13:150 Portion, 4.5 acres) This letter is in response to your application received on March 2, 2006, and application filing fees received on April 4, 2006, for a Solid Waste Management Permit to operate a greenwaste/pallet mulching and used cooking oil collection facility at the subject site. Enclosed is a receipt for the filing fees to the County of Hawaii: The application has been reviewed and approved. The enclosed Solid Waste Management Permit No. CO-0012-06 is issued under the provisions of Hawaii Revised Statutes, Chapter 342H, "Solid Waste Pollution," and Hawaii Administrative Rules, Title 11, Chapter 58.1, "Solid Waste Management Control." The Department of Health will conduct compliance inspections periodically after this permit is is EJULS1,9 2006 The Honorable Barbara Bell Mr. Thomas A. Pawlish July 14, 2006 Page 2 We received comments during the permitting process. A fax received on May 25, 2006, from Mr. Rubens Fonseca of EKO Systems, Inc. and a letter received on June 7, 2006, from the County of Hawaii provided comments with respect to the mulch (processed material) storage capacity for both Hilo and Kailua-Kona facilities. The County and EKO Systems, Inc. expressed their concerns and recommended increasing the storage capacity and height of the mulch piles at both facilities. We considered the comments and had several discussions with the County and EKO Systems, Inc. We explained that the storage capacity was calculated with consideration of both processed and unprocessed material at the site. The storage capacity requirement in the permit does not prevent the amount of mulch being processed as long as the mulch produced is moved out from the site. Based on the particular situation at this site, we allowed more flexibility for storage of the processed material, provided that additional monitoring is conducted (see PART II - SPECIAL CONDITIONS Item 10 of this permit). Our intent is to prevent potential fire hazards and provide a safety zone for the general public at the subject facility. Upon receipt of additional comments from the County via a letter dated June 27, 2006, we held a telephone conference on July 7, 2006, between Mr. Mike Dworsky of the County of Hawaii, Mr. Rubens Fonseca of EKO Systems, Inc., and Ms. Lene Ichinotsubo and Ms. Sue Liu of the DOH to discuss the comments. As you are aware, PART II - SPECIAL CONDITIONS Items 10 and 13 of this permit have been revised/clarified accordingly as results of the conference. We recommend that you read the permit conditions thoroughly. The permittee may appeal to the Director of Health any of the conditions to the subject permit. The appeal must be in writing and submitted to the Director of Health within twenty (20) days after the receipt of this notice. HRS 3421-1-14 states that unless the submitted documents and other information secured by the department from the permittee contain confidential information, such as secret processes or methods of manufacture, they shall be made available for inspection by the public. Please notify the Solid and Hazardous Waste Branch within twenty (20) days of the receipt of this letter if you would like to make a claim of confidentiality. Otherwise, your entire application will be available for public inspection. The Honorable Barbara Bell Mr. Thomas A. Pawlish July 14, 2006 Page 3 Should you have any questions regarding this letter, please contact Ms. Sue Liu of the Solid and Hazardous Waste Branch at (808) 586-4226. Sincerely, Va THOMA E. ARIZUMI, P.E., CHIEF Environmental Management Division Enclosures: Solid Waste Management Permit No. CO-0012-06 Receipt of filing fee c: Rubens Fonseca (w/enc.) PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 1 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility SOLID WASTE MANAGEMENT PERMIT This permit is issued under the provisions of Hawaii Revised Statutes (HRS), Chapter 342H, "Solid Waste Pollution"and Hawaii Administrative Rules (HAR), Title 11, Chapter 58.1, "Solid Waste Management Control." The above-named permittees are hereby authorized to operate the facility as shown on the approved application dated February 27, 2006, received on March 2, 2006; additional submissions; and other approved documents on file with the Department of Health. To Operate: A greenwaste/pallet mulching and used cooking oil collection and storage facility. The operation shall be consistent with the operational procedures submitted and approved as part of the application dated February 27, 2006, and approved additional and subsequent submissions. Should there be discrepancies between the submitted materials and these permit conditions, the permit conditions will take precedence. Location: Ammunitions Road, across the road from Hilo Convenience Center, South Hilo District, Hawaii (T.M.K. No.: 2-1-13:150, 4.5 acres and as indicated on the site location drawing) Subject to: HRS Chapter 342H, HAIR 11-58.1, and Part I - Standard Conditions and Part II - Special Conditions of this permit. Acceptance of this permit constitutes an acknowledgment and agreement that the holder will comply with all rules, regulations, and orders of the department and the conditions precedent to the granting of this permit. This permit supersedes Solid Waste Management Permit No. CO-0031-05. (for) Directo of Health State of Hawaii PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 2 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility PART I - STANDARD CONDITIONS 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittees and enforceable, pursuant to the authority of HRS Chapter 342H. The department will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittees, their agents, employees, servants, or representatives. 2. This permit shall be kept at or near the operation site for which the permit is issued and shall be available upon request [HAR 11-58.1-04(f)]. A request for a duplicate permit shall be made in writing to the director within ten (10) days after the destruction, loss, or defacement of this permit. A fee of $50 shall be submitted with the request [HAR 11-58.1-04(h)(3)]. 3. This permit is non-transferable whether by operation of law or otherwise, either from one location to another, from one solid waste disposal operation to another, or from one person to another without the written approval of the director [HAR 11-58.1-04(e)(2)]. 4. This permit (a) shall not in any manner affect the title of the premises upon which the facility is or will be located; (b) does not release the permittees from any liability for any loss due to personal injury or property damage caused by, resulting from, or arising out of the design, installation, construction, operation, maintenance, or closure of the facility; (c) does not release the permittees from compliance with other applicable statutes and regulations of the State of Hawaii or with applicable federal or local laws, regulations, or ordinances; (d) in no way implies or suggests that the state of Hawaii, or its officers, agents, or employees assumes any liability, directly or indirectly, for any losses due to personal injury or property damage caused by, resulting from, or arising out of the design, construction, operation or maintenance of the facility; and (e) shall not constitute nor be construed to be an approval of the design, construction, operation, maintenance, closure and post-closure of the facility beyond the regulatory requirements mandated by HRS 342H and HAIR 11-58.1. PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 3 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility 5. The permittees shall submit complete and detailed plans and reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the department in the form prescribed by the department. The plans and reports shall be prepared by a competent person acceptable to the department, and at the expense of the permittees. 6. This permit is valid only for the specific processes and operations applied for and indicated in the submitted application and additional submissions on file with the department. Any unauthorized deviation from the submitted application, approved drawings, operations manual, additional submissions, or conditions of this permit may constitute grounds for revocation of this permit, and/or enforcement action by the department. Should there be any discrepancies between the submitted documents and the permit conditions, the permit conditions shall take precedence. A copy of the submitted application and additional submissions shall be maintained at the facility. 7. The permittees shall at all times properly operate and maintain the facility and systems of process and control (and related appurtenances) that are installed or used by the permittees to achieve compliance with the conditions of this permit, as required by department rules. The facility shall be designed, constructed, and equipped so as to operate without causing a violation of applicable rules and regulations. 8. Issuance of this permit does not preclude the permittees' responsibility to obtain any and all necessary approvals and permits from the appropriate federal, state, and local agencies, including zoning clearances, prior to the start of operations. 9. The Department of Health (DON) may, on its own motion, modify, suspend, or revoke a permit if, after affording the applicant a hearing in accordance with HRS Chapter 91, the department determines that any permit condition, rule, or provision of HRS Chapter 342H has been violated or that such is in the public interest [HAR 11-58.1-04(d)]. 10. Notification requirements. The permittees are required to notify the DOH, in writing or facsimile, whenever there are incidents such as fire, explosion, or release of regulated material/waste, which could threaten human health or the PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 4 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility environment (i.e., air, soil, or surface and subsurface waters). Initial notification may be by phone or fax and reported within eight (8) hours, whenever possible, and no more than twenty-four (24) hours. The notification report shall be submitted within fifteen (15) days and shall include: a. name, address, and telephone number of the owner and operator; b. name, address, and telephone number of the facility at which the incident occurred; G. date, time, and type of incident (i.e., fire, explosion, release, etc.); d. name and quantity of material(s) involved; e. the extent of injuries, if any; f. an assessment of actual or potential hazards to human health or the environment, where this is applicable; and g. estimated quantity and disposition of recovered and unrecovered material that resulted from the incident. Notification requirements for releases only apply to releases of a quantity equal or exceeding the reportable quantity (RQ) listed in HAIR Section 11-451. 11. If, for any reason, the permittees do not comply with, or will be unable to comply with, any condition or limitation specified in the permit, the permittees shall notify the department verbally within twenty-four (24) hours followed by a written report within fifteen (15) days of the verbal notification. The written report shall contain the following information: a. description and cause of noncompliance; b. period of noncompliance, including exact dates and times; and, if not corrected, the anticipated duration that the noncompliance is expected to continue; and c. steps being taken to prevent recurrence of the noncompliance. The permittees may be subject to enforcement action by the department, penalties, or revocation of this permit. PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 5 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility The use of an electronic facsimile device (FAX) for notifications is acceptable. Any data transmission or detailed explanations transmitted shall be accompanied by regular mail submittals. Failure to notify in accordance with this requirement may initiate enforcement action. 12. The department may require the permittees to conduct sampling and testing to determine the degree of pollution, if any, from the solid waste facility. 13. Unless the submitted documents and other information secured by the department from the permittees contain confidential information, such as secret processes or methods of manufacture, they shall be made available for inspection by the public (HRS 342H-14). The permittee shall be responsible for identifying, in writing, the specific information asserted to be confidential. The department shall review the permittees' assertion and determine if confidentiality is indeed warranted. 14. The director may, in accordance with HRS Section 342H-6, enter and inspect the facility for the purpose of (a) investigating an actual or suspected source of solid waste or other pollution; (b) ascertaining compliance or noncompliance with any rule; regulation, permit condition, or standard promulgated by the department; and (c) conducting tests in connection therewith (including collecting soil, water, air, ash, and any other material or samples). 15. The permittees shall comply with the following monitoring and recordkeeping requirements: a. Upon request, the permittees shall furnish all records (e.g., transaction reports, disposal receipts, sampling, and testing results) and plans required by the department. The retention period for all records shall be a minimum of five (5) years; however, there shall be an indefinite retention period for all records associated with any unresolved enforcement action as determined by the department. b. The permittees shall retain at the facility or other location designated by this permit, records of all monitoring information (including all calibration and maintenance records and all original recordings of monitoring instrumentation), copies of all reports required by this permit, and records of all data used to complete the application for this permit. The retention PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 6 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility period shall be a minimum of five (5) years from the date of the sample, measurement, report, or application unless otherwise specified by department rule. G. Records of monitoring information, if applicable, shall include: - the date, exact location, and time of sampling or measurements; - the person responsible for performing the sampling or measurements; - the date(s) analyses were performed; - the person responsible for performing the analyses; - analytical techniques or methods used; and - results of such analyses. 16. If the department determines that the permittees have violated or are violating any provision of HRS Chapter 342H, HAR Chapter 11-58.1, or these permit conditions, the department may pursue enforcement action in accordance with HRS 342H-7, Enforcement, 3421-1-9, Penalties, 3421-1-10, Administrative Penalties, 3421-1-11, Injunctive and other relief, or any other pertinent rules. 17. _ If the governor or the director determines that an imminent peril to the public health and safety is, or will be, caused by the disposal of solid waste or any combination of discharges of other waste that requires immediate action, the governor or the director, without a public hearing, may order the permittees to immediately reduce or stop the disposal, discharge, or process, and may take any and all other actions as may be necessary (HRS 342H-8). 18. Should the permittees decide to modify the permit or continue operation of the solid waste facility beyond the expiration date of the permit, the permittees shall submit a complete permit modification or renewal application at least one hundred eighty (180) days prior to modification or the date of permit expiration. 19. Should the permittees decide to terminate the facility operation (or be facing lease termination or eviction), the permittees shall perform necessary closure activities including, but not limited to, the removal of all remaining solid waste and performing appropriate site assessments and remedial activities. Prior to the termination of the operation, the permittees shall also notify the department in writing at least within ninety (90) calendar days of the facility's closure [HAR 11-58.1-04(e)(3)]. The written notification shall include an updated closure plan, which should accomplish the following objectives: PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 7 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility a. Provide an assessment of the site's present and future threat to public health and the environment due to contaminants possibly left on-site from the facility's operation. b. Provide a plan of action to minimize or mitigate any threats to public health and the environment due to contaminants possibly left on-site by the facility's operation. C. Provide a schedule to implement the plan of action. Upon department approval of the closure plan, the permittees shall implement the plan in accordance with the approved implementation schedule. 20. Compliance with this permit does not in any way relieve the owner or operator of the solid waste management facility from compliance with other federal, state, or local laws or regulations including, but not limited to, worker health and safety. PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 8 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility PART II - SPECIAL CONDITIONS 1. This facility may accept and process clean greenwaste, as defined in HAR 11-58.1-03, and pallets. In this permit, the pallets are defined as untreated and unpainted wooden pallets. Treated lumber of any type is prohibited. The facility may accept used cooking/vegetable oil for temporary storage. No vegetable waste, food waste, animal waste, or other municipal solid waste shall be accepted at this facility. 2. No hazardous waste, in accordance with 40 CFR Part 261, may be collected, transported, or disposed of at the facility. 3. The permittees shall implement a screening program, such that unacceptable materials are not accepted or processed at the facility. Should unacceptable material enter the facility, this material should be properly disposed of at permitted disposal facilities prior to causing or creating a nuisance condition, health, safety or environmental hazard. 4. The facility shall be supervised, secured, and have a permanent sign identifying the facility, hours of operation, materials accepted, operator name, and a telephone number to contact in case of emergencies. 5. Scavenging at the facility by the general public is prohibited. 6. Adequate measures shall be provided to control litter, scattering of wastes, dust, insects, odors and vectors. Litter from the facility that has blown to locations outside the facility shall be collected and properly disposed. Unprocessed greenwaste and pallets shall be processed as soon as practicable to prevent a litter, fire, vector, or nuisance situation. The permittees shall periodically evaluate the effectiveness of the dust control systems and make necessary improvements to minimize dust. 7. The subject site shall be provided with an all weather working surface and suitable surface water control. Adequate drainage shall be provided to prevent standing water inside the facility. Any discharges from the site shall be in accordance with applicable federal, state, and local laws and regulations. PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 9 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility 8. Suitable means shall be provided to minimize fire hazards and prevent fires. The Appendix D, Fire Prevention Plan, and Appendix E, Emergency Action Plan- Fire Response, in the Operations Manual dated February 2006, shall be implemented to minimize fire hazards and prevent fires. Adequate spacing shall be provided between all piles to provide firebreaks and to ensure access to these piles in case of an emergency. A twenty (20) foot buffer zone shall be provided between storage piles and site boundaries and as defined by the submitted site plan dated February 2006. 9. The Green Waste/Pallet Mulching & Used Cooking Oil Collections Operations Manual and the Site Plan submitted as part of the permit application dated February 2006, and any approved subsequent submissions shall become part of this permit. A copy of the operations manual and site plan shall be maintained at or near the facility. Should there be any discrepancies between the submitted operations manual and these permit conditions, these conditions will take precedence. 10. The permittees shall process the incoming greenwaste and pallets, at a minimum, once every other month. Storage of unprocessed greenwaste and pallets is limited to 4000 cubic yards and piles of the unprocessed greenwaste shall not exceed 15 feet in height. Storage of stockpiled mulch is limited to 1000 cubic yards and piles of the mulch shall not exceed 5 feet in height, except freshly chipped mulch piles may be up to 10 feet in height during processing/chipping time. If the mulch pile exceeds 5 feet in height, daily temperature monitoring of the mulch pile with associated recordkeeping shall be conducted. If temperature measurements indicate potential fire condition of the mulch pile, the pile shall be turned as necessary. 11. Location of the processing equipment shall provide adequate separation distance between the processing area and drop off/pick up areas to ensure a safety zone for the general public. 12. The permittees shall only collect and temporarily store used cooking oil in storage totes located in a secondary containment system under a covered area. The size of the secondary containment system shall be large enough to hold the volume of the largest tote in the containment system. Measures shall be taken PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 10 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility to prevent collected used cooking oil from being discharged or allowed to enter into storm drain systems, surface or groundwaters, water courses, marine waters, or onto the ground. Temporary storage of used cooking oil is limited to 1300 gallons (five 250 or four 350 gallon totes containing used cooking oil not exceeding 1300 gallons) and shall not be stored longer than two (2) weeks. Collected used cooking oil shall be transported to a DOH-permitted recycling facility for processing. 13. The permittees shall maintain the following records at the facility and shall produce such records to the department upon request: a. Mulching operation including, but not limited to, incoming greenwaste and pallets screening; date of greenwaste and pallets chipped; and weight or volume of mulch produced; daily temperature monitoring and pile-turning data; and date, time, and type of complaint and incidents. Weight or volume of incoming greenwaste and pallets shall be recorded as much as possible such that estimated quantity is acceptable. Records of incoming greenwaste and pallets shall be kept separately. b. Used cooking oil collection and storage including, but not limited to, source of the used cooking oil; name of commercial hauler; date, time and quantity received; reported releases; date, quantity and destination the collected used cooking oil was transported to. 14. The permittees shall notify and obtain approval from the department, in writing, prior to any further expansion of the mulching or cooking oil storage operation. Written justification for further expansion of operations shall include, but is not limited to, a discussion on the desired increase in production, the availability of space to expand the operations (to include space calculations), any construction necessary or required for expansion, and any nuisance complaints encountered during current operations. Depending on the extent of the expansion, a modification to this permit may be required. 15. The permittees shall notify the department, in writing, of any operational changes (e.g., use of a different equipment for processing, use of different nuisance control systems, etc.). A revised operations manual, reflecting these changes PERMITTEE/OWNER: Permit Number: CO-0012-06 Department of Environmental Management Date of Issue: July 14, 2006 County of Hawaii Date of Expiration: June 30, 2010 OPERATOR: Page: 11 of 11 EKO Systems, Inc. dba Big Island EKO Systems Hilo Greenwaste Mulching Facility shall be submitted for the department's review and approval prior to implementation. Depending on the extent of the proposed changes, a modification to this permit may be required. 16. An annual report shall be submitted to the department reporting the quantities by weight or volume, greenwaste and used cooking oil received, processed, distributed or location of disposal. The report shall also include a summary of incidents outside of normal operations. The report shall be for July 1 to June 30 of the previous year and submitted by July 31 of each year. Reports shall be submitted to: Department of Health Environmental Management Division Solid and Hazardous Waste Branch P.O. Box 3378 Honolulu, Hawaii 96801-3378