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HomeMy WebLinkAboutCOM 0386.000 1998-2000 ~~r,os M~ Stephen K Yamashiro • n4ayoe - ~ Jiro A. Sumada a ~~'t~e:'w~'M~ Deputy Chief Engines ~u~tntg of ~tttzlttii DEPARTMENT OF PUBLIC WORKS 2S Aupuni Street, Room 202 • Hilo, Hawaii 96720.4252 ~'7 ~ (808) 961-8321 • Fax (808) 961-8630 ~ n C C~~ t- ~ r,~ July 15, 1999 ~ c~n C~; 3 HONORABLE CHAIRMAN AND MEMBERS ; w - ~i HAWAII COUNTY COUNCIL - ~ cn 25 AUPUNI STREET - ~ HILO, HI 96720 SUBJECT: ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE RELATING TO SEWER We aze submitting the attached proposed ordinance for your review and consideration. The amendment would delete Section 21-5(b)(3) of the County Code which allows exceptions to connection requirements for lots accessible to a sewer which was paid for by a private developer. The reasons for eliminating the so-called "private exemption" are as follows: Leeal Compliance: The exemption directly contradicts Section 11-62-06(b), HAR (Attachment 1) which states "All building(s) generating wastewater and located within or neaz proximity of an available public sewer system as determined by the director, shall connect to the public sewer." EPA Compliance: Special Conditions to Grant No. C150062-02 for the Hilo Wastewater Treatment & Conveyance Project, Phase I (Attachment 2) states "The grantee agrees to take the necessary actions to maximize the benefits of this grant project such as assuring the timely hookup of residences of the community for which this project is providing collection sewers." Right-of--Entry No. 103 with the Department of Hawaiian Homelands (Attachment 3) entered into as part of the above project states that "the County will not require Keaukaha homestead lessees located along the route of the new wastewater treatment pipelines to hookup or pay any sewer assessment fees until such time that all other residences in critical azeas of Hilo are required to hook up". An azea within Waiakea Houselots which has been exempted under the provision is identified the Facilities Plan as a critical area. The private exemption thus prevents compliance with the EPA grant condition. Additionally, EPA Audit Report No. E2aWP0-09-0249-0400043 (Attachment 4) stated in 1990 that the County Sewer Ordinance was not an effective enforcement tool. The report recommends that the Regional Administrator "Instruct DOH and the County to adopt a sewer use ordinance that is enforceable and without exceptions." The private exemption further reduced the County's ability to require connection after that report was issued. (it'/1' 1/ 1 Comm, No. File No. CG 51:111 Ref. To: ~ Ref. Date 1 5 1999 Letter to Hawaii County Council Page 2 of 2 July 15, 1999 DOH Compliance: Recent DOH Operation and Maintenance Inspection Reports (Attachment 4) cite the County specifically for maintaining this exemption. There aze numerous other grant, loan and regulatory conditions which could also be listed, but the above items should adequately document the need to eliminate the private exemption. The penalty for continued violation of these requirements could result in significant fines and/or reimbursement of over 12 million dollazs in federal grant money. Cost Savines: By eliminating this exemption, the County would be able to reimburse Maryl Development for revenues generated from these other properties connected to the sewer as part of their private sewer extension in accordance with Section 21-28 of the Sewer Code. This would then allow the County to collect approximately $185,000 over a ten year period from the Waiakea Center Development. Without these fees, all other sewer users would effectively be subsidizing the sewer user chazges of the Waiakea Center for this period. Fairness: The Department has received numerous complaints from the public questioning why they are required to connect to the sewer when others who aze also accessible aze exempted. This is particularly difficult to justify when considering that the majority of the exemptions aze for private businesses. When this private exemption was originally passed by Council, the Mayor expressed his concerns regarding the Bill in a letter dated 5/2/96 (Attachment 5) but allowed the ordinance to be passed without his signature. He further suggested that the Council reexamine the measure and do the remedial work necessary. We ask that you perform this reexamination now and adopt the proposed ordinance. Should you have any questions, please contact our Wastewater Division Chief, Peter Boucher at 961-8338. JI O S ADA Dep ief Engineer APPROVED: Enclosure TEPHEN K AMASHIRO Mayor cc: WWD _ ~~(~l./~l 1 ~~w1~rv1S I~F~ IZV~ IC~Il(~~ C 1-~~-~' T~~'2 Cs~ Z §11-62-06 department's environmental management division and district health offices. [Eff 12/10/88; am 8/30/91; am and comp ) (Auth: HRS §§321-11, 342D-2, 342D-4, 342D-5) (Zmp: HRS §$321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-50) §11-62-06 General r~irements. (a) All buildings, used or occupied as a dwelling, a public building, or a place of assembly and generating wastewater[,] or_with toilets, sinks, drains or other plumbing fixtures capable of convevinv wastewater shall be connected to a wastewater system. In addition, anv new building shall be connected to a wastewater svstem which meets the requirements of this rule (b) All building(s) generating wastewater or with toilets, sinks, drains, or other plumbinv fixtures capable of convevinv wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer. All wastewater systems s a 1 be designed, constructed [and) operated, and maintained in accordance with this chapter. (d) Buildings and operations including farms generating non-domestic wastewater shall meet the specific requirements of this chapter as determined to be applicable by the director. Wherever applicable, the director shall use the (effluent] requirements for non-domestic wastewater as set forth by the EPA and wherever applicable the department's Guidelines for Livestock Manavement (Animal Waste Guidelines) dated July 1996 which are available for inspection and purchase at the department's environmental management division and the district health offices. Construction plans and engineering reports for proposed non-domestic wastewater systems shall be sufficient in scope and depth for determining the adequacy of compliance with the provisions of section 11-62-02. (e) [Any building or facility which is located within the state agricultural land use district, county agricultural zoned districts or conservation districts „.ay be exempt from the provisions of subchapters 2 and 62-17 ~ ~ - ~4n~c~is~arr ~ - . . Grant No. C150062 02 Crant Description: Hilo Wastewater Treataent S Conveyance Project, Phase I SPECIAL CONDITIONS: 1. Should the discovery of potential archaeological or historical resource occur during construction, all works in [he area of c::^.e '_i^.d will stop and [he sajd coysultan[ will be called in to evaluate [he situation and make recommendations to the Stale ' Historic Preservation Officer, Department of Land and Natural Resources, State of Hawaii. Said Historic Preservation Officer will determine what will be necessary for construction to proceed. 2. No portion of this award may be used for lobbying or propaganda purposes as prohibited by 18 U.S.C. Section 1913 or Section 607(a) of Public Law 96-74, 3. The recipient agrees to submit to DOR, WB a completed Form 334 within 15 days following the end of each Federal fiscal year quarter during which the recipient or its contractors award any subagreements of supplies, equipment, construction or services to accomplish Federal assistance programs. 4. The grantee shall negotiate all engineering consulting subagreements for C:! work and services during construction in accordance with 40 CFR Part 31, Uniform and Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, promulgated Harch 11, 1988, and 40 CFR Part 35, Grants for Construction of Treataent Works, Final and Interim Rule (published February 17, 1984 in the Federal Register), and submit them to the Hawaii Department of Health, Wastewater Branch for approval. No payments for the affected engineering work will be made to the grantee under this grant until [he subagreements have been approved. This condition does not affect that portion of [he grant related to the allowance for planning or design work. 5. The recipient agrees that i[ will comply with the provisions of O;B Circular A-128 governing the audit of State and local government and Indian tribe federal assistance recipients for fiscal years that begin after October 1, 1988. (This requirement is in 40 CFR Part 31, Appendix A.) 6. The grantee will provide [o EPA/State (in writing) a detailed description of the design performance standards which [he project is expected [o meet under start-up conditions and at ultimate design conditions. The data shall be submitted as par[ of [he plan of operation prior to the fifty percent (SOZ) gran[ payment. The grantee will advise EPA/State (i? writing) of Che date of initiation of operation. Failure to do so will cause grant payments [o be withheld i? accordance with 40 CFR Part 31. On the date one year after initiation of operation of the project, the grantee shall certify to EPA/State (in writing) whether or not the project~is performing in accordance with design performance standards previously submitted and with the enforceable requirements of the Clean Water Act. If the project cannot meet these standards or [he enforceable requirements of [he Clean Water Act, the grantee must submit a corrective action report and a schedule for bringing [he project into compliance (40 CFR Part 35.2218). ~TTA~H~ENT 2 _ -nd the Environmental Protection Agency agree, pursuant to Section 203(a)(2) of the Clean Water Act, that only those items specified as "eligible" on [he Plans and Specifications Approval Form dated July 11,,1989 are eligible for Federal participation in accordance with 40 CFR Part 35.2250. 8. The grantee shall acquire and maintain any flood insurance made available to it under [he National Flood Insurance Act of 1968, as amended, for the useful life of [he project. This condition shall not be applicable if the project location is outside the boundaries of a special flood hazard area delineated on a Flood Hazard Boundary yap of Flood Insurance Ra[e Map which has been issued by [he Department of Housing and Urban Development, Federal Insurance Administration. This condition shall not be applicable if the total value of improvements insurable under the National Flood Insurance Act is less than $10,000. 9. The grantee agrees to take the necessary actions to maximize the benefits of this grant project such as assuring the timely hookup of residences of [he community for which this project is providing collection severs, 10. a Grantee shall not permit any person Co discharge wastewater into any collection line, lateral sever, interceptor or other means of conveying vastevater to the facilities constructed under this project, if such vastevater originates from any building, facility or other manner of construction which is hereafter erected or otherwise placed, in whole or in part, upon land which is defined as a wetland or floodplain within the meaning of Federal Executive Orders 11988 and 11990. 11. The grantee agrees to build a complete waste treataent system as defined in 40 CFR 35.2005(b)(12) whether or not grant funding is available Eor the remaining projects in [he facility plan. The grantee shall submit to DOH an expansion and financial plan for construction of the complete waste treatment system described in the facility plan by October 31, 1990. PROJECT DESCRIPTION CONSTRUCTION DATE= Old Waiakea gill Sever 1990 Waiakea Houselots Sever 1990 Ainako Interceptor, Part A 1992 Kalanianaole Sever 1993 Ainako Interceptor, Part B 1994 *Dates may be adjusted upon completion of the expansion and financial plan. . 12. The grantee agrees that it will comply with the Federal Drug-Free Workplace Act of 1988 in accordance with 40 CFR Part 32. Under [he Ac[, all procurement contracts, including purchase orders, awarded pursuant to the provisions of Che Federal Acquisition Regulation (FAR) that are to be performed in the United Stales are subject to the Act. In addition, under the Act, all the contractors, grantees, and federal assistance recipients for fiscal year beginning after March 18, 1989, are required [o certify [hat they will provide a drug-free workplace. ~'-~~a8s ~ 1 ~ ~ ~ w ~ STATE OF HAWAII ~f, ~~C/ DEPARTMENT OF HAWAIIAN HOME LANDS dti RIGHT-OF-ENTRY N0. 103 ~ y Dated this day of ~jCitb.~~ , 19 9~ , but effective as of JULY 1, 1991, by and between the State of Hawaii, DEPARTMENT OF HAWAIIAN HOME LANDS, whose place of business and post oPPice address is 335 Merchant Street, Honolulu, Hawaii 96613, hereinafter "GRANTOR," and COUNTY OF HAWAIZ, DEPARTMENT OF PUBLIC WORKS, a municipal corporation o! the State o! Hawaii, whose principal place of business and mailing address is 2s Aupuni Street, Rcom 202, Hilo, Hawaii 96720, hereinafter the "GRANTEE." Native Hawaiians'shall benefit directly from this disposition. The GRANTOR hereby grants to GRANTEE a Right-of-. Entry. This Right-of-Entry authorizes the GRANTEE to enter upon Hawaiian home lands for the limited purpose of construction, maintenance and operation of the waste water treatment pipelines, aewar lines, drainages, electrical and teiephone poles/lines upon those certain premises located any Kamehnmeha Lane and Pua Avenue, Keaukaha Residential Homestead Subdivision, island of Hawaii, being portions of Tax Map Key No. 2-1-20 & 21, designated in Exhibit A, which is attached hereto and incorporated herein by reference, subject to the following conditions: 1. T~BM. This Permit shall be !or a period of one (1) year commencing July 1, 1991 and terminating June 30, 1992, unless otherwise extende8 by GRANTOR upon a showing o! good cause therefore by GRANTEE. This Right-of^Entry may be cancelled by GRANTOR upon 60 ;days advance notice in writing to GRANTEE should GRANTOR need to devote the premises herein descXibed to residential or other purposes as provided !or by the Hawaiian Homes Commission Act, 1920, as amended. 2. ~F. In-kind services, value at approximately 51.73 million, shall be accepted in lieu/ - /frry~H~~~vT 3 - GRANTOR. In the event operations cease for reasons beyond GRANTEE'S control, such as fire or other casualty that renders the facilities unusable, GRANTEE shall have a reasonable period of time in which to resume operations. 10. pREMTSES. The term "premises", when it appears haxein, includes and shall be deemed to include the lands described above and all improvements whenever and wherever erected or placed thereon. 11. SPECIAL COND2TION. a. That the County Council accept by resolution • the construction, reconstruction, repair, maintenance, operation and removal o! the above mentioned improvements, lines, appli- ances and equipment, as well as any of the other existing infrastructure/improvements (except water pipelinea, water mains and hydrants, and telephone and electrical poles, likes, etc.) situated within the roadways of the entire Keaukaha Residential Homestead Subdivision; • ~b. That the County accept all existing and future Keaukaha Residential homestead lots (with minimum lot size of 10,000 square lest) with the same subdivision standards - no curbs and gutters; c. That the County will not require Keaukaha homestead lessees located along the route of the new waste water treatment pipelinea to hook up or pay any sewer assessment tees until such time that all other residences in critical areas o! Hilo are required to hook up (estimated to occur between 1997-99); d. That the $100.00 non-refundable deposit ba waived; _ 4 2348I e. That in-kind services, valued at approxi- mately S1.75 million, be accepted:;;in lieu of a rental charge; That the County be responsible to resurvey those homestead lots which will be affected by this road-widening project; g• That the County provide water and sewer laterals for future hook-ups for each affected homestead lot along the path o! the proposed improvements at no cost to the homesteaders of the dopartment; and . h. That upon adoption of the resolution and completion of the survey, this right-ot-entry will be replaced by an appropriate non- . exclusive license easement. IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused this Right-of-Entry permit to be executed by their duly authorized officers as of the day and year first above written. ' Stets of Hawaii APPROVED BY 'THE HHC AT DEPARTMENT OF HAWAIIAN HOME LANDS ITS MEETING HELD ON JUNE 25, 1991 Sy APPROVED AS TO FORM Ch an AND LEGALITY: Hawaiian Homes Co ssion GRANTOR t, Deputy Attoz~ney General Scats of Sawafi Recommend Approval: COUNTY OF HAWAII ~y, A municipal Gorp ation ruce C. McClure, Chief Engineez ey APPROVED AS TO FO LEGALITYt ~e};~g ui Mayor GRANTEE r ~ ~ ~-pUTYCorporation Counsel _ b _ 2348I County o~ Hawaii ADr+ry .=EPA Report of ~4udit SPECIAL REVIEW 0: CONSTRUCTION GRA2JT N0. C1~OOo2-02 AWARDED TO THE COUNTY OF HAWAII, DEPA_Z2T:fEYT OF ?tiBLZC WORFiS cOR THE HILO Wi-.STEWATER TRErIT'.•fE:;T :nC:LITY HILO, HAWAII AUDIT REPORT NO. E2aWP0-09-0249-0400043 SEPTEMBER 27, 1990 ,_r~ s~ -.1. ~ ' \ k` .i f ~ Construction work at Hilo Waste~h~ater 'reatr~en*_ plant ~Y~ft~f/~~~v i 4 - In our opinion, the significant flow volume from the Hawaiian Homes and Kinoole collection systems suggest that they should have been scheduled for construction before any of the / other systems. This position was further suoported by the fact that Hawaiian Homes subdivision was located closest of all the proposed collection systems to both the new treatment facility,- and the existing Puhi Bay facility. Additionally, the force main and discharge gravity main for the new facility will pass through the Hawaiian Homes subdivision. County Sewer Ordinance Zs Not An Effective °-~°orcenent Tool In an effort to address the underutilizaTion problem, the County, in May 1989, adopted Ordinance No. 59-5"0. While this ordinance provided the County with additional authority to require connection to the wastewater treatment facilities, it allowed for too many exceptions to be an effective enforcement tool. The ordinance requires that all lots accessible to sewers connect within 120 days after being notified by the County or DOH. Y.owever, there are numerous exceptions to the ordinance, which will make full compliance difficult to achieve. one exception provided for the exclusion of lots with fixtures if they were in working order prior to July 1, 1989. These lots would only be required to connect to the system if they were notified that: (i) existing health regulations were violated; (ii) sewer access was available through an expansion project; (iii) ownership of the lot changed; (iv) a major renovation of the structures was performed; and (v) the use of the property changed. Another exception was provided if the connections would require a pump to lift the wastewater to the level of the collection system. The ordinance also exempted new developments if they were in areas where sewers were not planned within the next ten years. We believe that the ordinance is a positive action which will help the County move in the right direction. However, it contains too many exceptions to be effectively used as an enforcement tool. In our opinion, the ordinance should be revised to require all residences accessible to a sewer system to connect to the system without exception. Further, all developments in populated areas should be required to install interceptors and collection systems, even if sewers are not planned within the next ten years. e of Cessp s Co e To W o lut~ o blem Although leaking cesspools have contributed to the .water pollution control problems in the County, both DOH and the County continue to allow their use. As long as the cesspools are allowed, it will be difficult for the County to obtain the 8 i } ,maximum connections needed to fully utilize their treatment facilities. / While DOH recently restricted the use of new cesspools in ' "Critical Wastewater Disposal Areas" (C'wDAs), they are still allowed in 95 percent of the County. A C:1DA is defined as a coastal area within 1,000 feet of the shoreline or under loo feet in elevation, whichever is greater. There were a number of other areas in the County designated as CWDAs, including the Hilo Bay area, Ramuela Highlands, and several Kapoho subdivisions. The concern with the continuing use of cesspools was expressed by the Director, DOH in the following statement: "Our primary concern is to end further contamination of our groundwater and coastal recreational waters resulting from cesspools, which introduce raw, untreated sewage into the environment. The quality of our environment is of special concern to the people of Hawaii, where it constitutes a larger percentage of the drinking water supply than in any other state. Preserving our coastal water quality is essential both for the protection of public health and the environment. It is therefore ironic that we are one of the few states remaining that permits the use of cesspools." In view of the above statement, it is difficult to understand how the continued use of existing and new cesspools can be justified. The County, DOH, and EPA have spent millions of dollars to construct wastewater treatment facilities which will eliminate water pollution problems, some of which have resulted from cesspool contamination. In our opinion, the Region should require DOH and the County to eliminate the use of cesspools, and require either the connection to sewer systems, or the installation of septic tanks if sewer systems are not available. RFCOit*`,ENDATZONS we recommend that the Regional Administrator: 1. Require the Region's Construction Grants Branch and DOH to devote additional efforts towards the monitoring of the status of the Hilo wastewater treatment facility project. As a starting point, the Region should strengthen the special grant conditions by (i) incorporating the previously agreed to grant conditions discussed in our prior audit report; and (ii) periodically reviewing and updating the special grant conditions to assure that an effectively utilized facility will be constructed; and (iii) indicating what actions would be taken if the special grant conditions were not met. 9 / ~ ~ 2. Reexamine the County's financial capability to complete -the wastewater treatment system provided for by the facility plan. 3. Require the County to develop an adequate user chargey9 system and conduct annual reviews of this system. poH- G.r..•w - //3 oou 4. Reevaluate the County's need for wastewater treatment system capacity of 5 mgd. In making this evaluation, the Region should consider both the existing and proposed flows into the system. Zt must also realistically consider the County's ability to construct the necessary connection systems, and to require .users to connect to the system. 5. Require the County to revise its priorities for construction of the collection systems by having larger systems for the Hawaiian Homes and Kinoole Street subdivisions constructed before the other smaller collection systems. In this respect, the special grant conditions should be revised to establish this priority and to..prioritize and indicate the . .construction completion dates for the remaining seven collection systems. The special conditions should also provide for the return of all grant funds if the collection systems are not completed as required. 6. Instruct DOH and the County to adopt a sewer use ordinance that is enforceable and without exceptions. 7. Require DOH and the County to eliminate the use of cesspools, and require either the connection to sewer system or the installation of septic tanks, if sewer systems are not available. to SUMMARY: 1. General Rating: _ ACCEPTABLE x, CONDITIONAL ACCEPTANCE UNACCEPTABLE 2. General Comments/Recommendations: The DOH has the following items of concern: a. Staff have not been trained on how to consistently estimate wastewater spills. We recommend that the County provide such formal training based on simulation of flow rates, and volume estimation. The course should also cover the DOH's Spill Protocol. b. The superintendent has reportedly not kept up with monthly safet, course trainin w stewater personas c. The East Hawaii wastewater treatment plants remain severely underloaded. Although new county sewer line projects have been or are being constructed, the plants still receive low wastewater flows. One reason for the low flows may be due to the number of sewer hookups to the county lines. Chapter 21 of the Hawaii County Sewer Code, requires that every lot which is accessible to a sewer be connected within a 120 day period. However, Section 21-5(b)(1) allows existing lots which were in existence prior to July 1, 1989 be exempted from this rule. This exemption contradicts Chapter 11-62 of the Hacaaii Administrative Rules (HAR), entitled Wastewater Systems. Section 11-62-06(b), HAR, states "All building(s) generating wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer." d. The County Sewer Code assesses sewer user charges for all residential and non-residential lots accessible to a sewer whether connected or not (Sections 21-29 and 21-31). However, it was reported that some lots within the Naniloa and Waiakea Houselots areas exempted under Section 21-5(b)(1) are not being assessed such charges. Also, it was reported that the County is unaware of which lots are considered sewerable. We recommend that the County conduct an audit of all service accounts to ensure all lots are contributing their share of the sewer user charge. 3 ~Tl'f~~r/rL1E~./T 5 - e. Section 21-5(b)(3) of the County Sewer Code exempts lots accessible to sewers which were paid for by private developers, from connecting to the county sewer system. The County further reimburses all collectable sewer charges (up to the cost of construction) back to the private developer for a period of_ ten years under Section 21-28. As such, we have the following ' concerns: (1) Under the reimbursement scenario, the County is still left with paying for the costs of maintaining the sewer lines and the treatment of the conveyed wastewater without .any cost ~ reimbursement;` (2) All lots connected to the privately developed sewer lines will never be required to be sewered except where Section 21-5(c) is applicable; (3) This section of the Sewer Code directly contradicts Chapter 11-62-06(b), HAR, as noted in Item No. c above; and (4) Section 21-28 may violate federal regulations concerning user charge systems (40CFR 35.2140). 4 ~ s-~~ ~ ~e~-~ D ~ vv~ ~ p SEWER SYSTEM MAINTENANCE REPORT BACKGROUND DATA County: Hawaii (West Hawaii) Date(s) of Inspection: 7/28/98 Inspector(s): Sina Steffany County Representative(s)/Job Title: Lyle Hirota/Superintendent of WWTPs Merton Ogata/Sewer Maintenance Supervisor Approximate miles of sewers in the system: 34 Approximate population served by the system: Unknown Serves approximately 305 sewer connection accounts. 1. Current status of deficiencies cited in previous inspection reports: Deficiency: Staff have not been trained on how to consistently estimate wastewater spills. Status: Staff have not received formal training on how to estimate a wastewater spill. The County has not developed a training plan to address this issue. Deficiency: The superintendent has reportedly not kept up with monthly safety course training for wastewater personnel. Status: Supervisors are conducting monthly safety meetings for their staff Deficiency: Section 21 of the Hawaii County Code conflicts with Chapter 11-62 of the Hawaii Administrative Rules and Section 4oCFR35.2140 of the Code of Federal Regulations. Status: An ordinance was drafted to address this issue. It is currently being reviewed by Council members. 2. Modifications/Additions - Planned/Present Construction Status: Project Lateral3 Status Alii Drive I.S., Pts A & B 51 Completed Alii Drive I.S., Parts C & D 105 Completed Alii Drive I.S., Parts E & F 69 Ongoing Construction