HomeMy WebLinkAboutCOM 0495.005 2008-2010
BRENDA J. FORD
Council Member
District 7 - Central Kona
Phone:
Fax:
E-Mail:
(808) 326- 5684
(808) 329- 4786
bford@co.hawaii.hi.us
HA W AI'I COUNTY COUNCIL
County of Hawai 'i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawai'i 96740
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October 1,2009
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TO: J. Yoshimoto, Chairperson,
and Members of the Hawai'i County Council
FROM: Brenda J. Ford, Council Membe~~ d . ~
SUBJECT: Proposed Amendment to BillB7; Relating to an Ordinance Amending Ordinance
No. 06-105, Specifically, the Waste Water Treatment System '
Please see below a proposed amendment to Bill 137. The proposed amendment is bolded
for illustrative purposes only. The following exhibit to Bill 137, Condition BB., incorporates this
amendment and is illustrated via Ramseyer format with respect to the existing provisions of
Ordinance No. 06-105. There is no attached draft copy in order to save large volumes of paper
and expense to the legislative branch. HAR 11-62-27, Recycled water systems, is attached.
1. Condition BB. is amended as follows:
"BB. A wastewater treatment system shall be constructed, meeting the approval of
the State Department of Health and/or Department of Environmental
Management, whichever is applicable. All wastewater shall be treated at an
approved wastewater treatment plant, to a minimum of secondary treatment,
with R-l effluent, unless a greater level of treatment is required by the
Department of Health. Wastewater shall be used for irrigation of landscaping
or other beneficial reuse to the maximum extent feasible. Applicant shall
comply with HAR 11-62-27. recycled water systems. in its entirety. and
specifically. with HAR 11-62-27(i)."
BJF
att.
Comm. No.L{q~.~
Ref. To: P l~-c
Ref. Date OCT 0 7 2Q\1!i
Serving the Interests of the People of Our Island
Hawai'i Countv Is An Equal Oooortunitv Provider And Emolover
~11-62-27 Recycled water systems.
[All bold and underlined fonts are emphasized by Brenda Ford.]
(a) No recycled water system shall be constructed, used, or modified without written approval by
the director.
(b) In reviewing recycled water systems and in addition to the these rules, the director shall be
guided by the Reuse Guidelines.
(c) Before using recycled water, the owner ofthe recycled water system shall submit to the
director the following information:
(1) Name, address, and phone number of the owner and party responsible for the
application of recycled water at the site (if different from the owner);
(2) Clear identification of the people who will actually operate and maintain the system,
if different from paragraph (1);
(3) Detailed site information on the water recycling application site and its
surroundings, including site name, address, and tax map key number(s), a map indicating
specific areas of use, areas of public access, surrounding land use, location of all wells within a
one-fourth mile radius, description of nearest housing or public area, setbacks, general location
of existing and proposed water and sewer lines, the direction of drainage with a description of
how the drainage will flow and the depth to groundwater underlying the irrigated area with a
description of the ground water quality; and
(4) Information sufficient to show compliance with the requirements of subsection (h),
and identification of best management practices.
(d) Before using recycled water, the owner of the recycled water system shall also submit to the
director for approval an engineering report. The report shall include the following information
and shall clearly identify all best management practices to be implemented:
(1) An irrigation use plan that includes information on application rates, intended uses
and schedules for recycled water use. The irrigation use plan shall also include information on
types of vegetation, types and methods of irrigation, proposed irrigation schedules, vegetative
consumption rates, water balance calculations, nutrient balance calculations, and the
corresponding acreage to be used for irrigation;
(2) An overflow control plan that includes detailed best management practices to
control or minimize runoff or ponding or recycled water;
(3) A management plan that includes establishment and delineation of the responsibilities
of operation and maintenance of the recycled water system;
(4) A public information and access plan, to minimize public contact with the recycled
water, that includes methods to adequately inform the public that recycled water is being used,
and that the recycled water is unfit for human consumption; and methods to control public access
to the recycled water system and areas of recycled water use;
(5) A labeling plan to distinguish piping and appurtenances which carry or contain
recycled water from those for potable water;
(6) An employee training plan that describes the training that the employees will receive
to ensure compliance with these rules and any other features specified by the director;
(7) A vector control plan (if applicable); an
(8) A groundwater monitoring plan (if applicable) including formulation of a
strategy for the observation and surveillance of groundwater for possible sources of
pollution.
(e) For existing users of recycled water, the owner of the recycled water system shall submit the
information and plans required in subsections (c) and (d), except for the information contained in
subsection (d)(l) regarding the vegetative consumption rates and water balance, and subsection
(d)(S)regarding groundwater monitoring. For users of non Rl recycled water spray irrigation
systems, the owner shall also describe the methods and controls used to ensure that public
contact with aerosols are minimized.
(t) For recycled distribution water systems, the owner of the recycled water distribution system
shall submit an engineering report containing the following information:
(1) Name, address, and phone number ofthe owner and party responsible for the recycled
water distribution system (if different from the owner);
(2) Information about the treatment works supplying the recycled water, including the
name, address, tax map key number, and owner's name;
(3) Maps showing the location ofthe distribution system layout. The maps shall also
include the location of all water and sewer lines;
(4) A labeling plan to distinguish piping and appurtenances which carry or contain
recycled water from those for potable water; and
(5) A description of how the distribution system complies with these rules and the Reuse
Guidelines.
(g) The engineering report required in subsection (d), (e), or (t) plus any other submittals shall
contain sufficient information to assure the director that the degree of treatment and reliability is
commensurate with the proposed use, that the distribution and use of the recycled water will not
create a health hazard or nuisance, and that the director is able to make decisions in accordance
with subsection (b).
(h) For recycled water systems that use recycled water, the owner ofthe recycled water system
shall operate the system in accordance with the requirements of this chapter and to the maximum
extent practicable shall:
(1) Irrigate at a rate not greater than the plants use it;
(2) Minimize recycled water runoff and ponding on the ground;
(3) Post signs or other devices warning the public not to drink, swim, or otherwise come into
contact with the recycled water;
(4) Keep the public away from the areas being irrigated with recycled water;
(5) Clearly mark pipes, tanks, valves, and equipment used in recycled water use systems
such that they are easily differentiated from potable water systems;
(6) Provide training to employees such that they are aware of these rules and any conditions
the director imposed on the recycled water use system;
(7) Provide control measures to ininimize vector nuisances; and
(8) Monitor groundwater as required by the director.
(i) The owners of new. proposed. or modified recycled water systems, where applicable,
shall provide adequate storage basin(s) or a backup disposal system to prevent any
overflows or discharges from the system when the irrigation system is not in operation or
when recycled water Quantities exceed the irrigation requirements.
G) Spills, overflows, and discharges ("spills")ofrecycled water shall be responded to as required
by section 11-62-06(g) and (h) and appendix C entitled Responses for Wastewater Spills,
Overflows, and Discharges ("Spills"), dated April 15, 1997.
(k) For recycled water systems, the owner or the owner's duly authorized agent shall, unless
otherwise directed, report the following information to the director:
(1) The volume of recycled water used, the volume of recycled water stored, the volume and
location of any recycled water spills, and details on the irrigated areas including water
budgets, precipitation, evaporation, application rates, and monitoring of best
management practices; and
(2) Reported information shall be submitted by February 19 of each year and shall be in a
monthly summary format for the preceding calendar year unless otherwise specified or
agreed to by the director. [Effand compI2/09/2004] (Auth: HRS ~~321-11, 342D-
4,342D-5) (Imp: HRS ~~321-11, 322-1 to 322-4,322-8, 342D-2, 342D-4, 342D-5,
342D-6, 342D50; 33 D.S.C. ~~ 1311, 1342; 40 CFR Parts122, 123)
Historical note: ~ 11-62-27 is based substantially upon ~~ 11-62-25(b)(1), 11-62-25(b )(2),
and 11-6225(c). [Eff 12/10/88; am and comp 8/30/91]