HomeMy WebLinkAbout2024-05-15 Bill - Wastewater management_draftCOUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
1
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 40, AND CHAPTER 21 OF
THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
WASTEWATER MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 2, article 40, sections 2-204, 2-205, and 2-206 of the Hawai‘i
County Code 1983 (2016 Edition, as amended) are repealed.
SECTION 2. Chapter 21 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is
repealed and replaced with a new chapter, renamed “Wastewater Management,” to read as
follows:
“CHAPTER 21
WASTEWATER MANAGEMENT
Article 1. General Provisions.
Section 21-1-1. Purpose of chapter.
(a) The provisions of this chapter, inclusive of any amendments, shall be known as the
wastewater management code.
The purpose of this chapter is to set forth uniform requirements for contributions by all users to
the Publicly Owned Treatment Works (POTW) for the County of Hawai‘i (County). These
regulations enable the POTW for the County to comply with applicable state and federal laws
required by the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment
Regulations (40 CFR part 403) and subsequent amendments.
(b) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with its
operation;
(2) To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible with
the POTW;
(3) To protect both POTW personnel who may be affected by wastewater and sludge in
the course of their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and sludge from the POTW;
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(5) To provide for regulation and control of sewer connections;
(6) To provide revenue for funding maintenance, operation, replacement, improvement,
and extension of the POTW; and
(7) To enable the County to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other Federal
or State laws to which the POTW is subject.
(c) This chapter shall apply to all users of the POTW. The ordinance authorizes the issuance of
industrial wastewater discharge permits; provides for monitoring, compliance, and
enforcement activities; establishes administrative review procedures; requires user
reporting; and provides for the setting of fees for the equitable distribution of costs resulting
from the pretreatment program established herein.
Section 21-1-2. Administration.
(a) Except as otherwise provided herein, the director shall administer, implement, and enforce
the provisions of this chapter. Any powers granted to or duties imposed upon the director
may be delegated by the director to a duly authorized County officer or employee. Unless
otherwise provided for by law, the department shall have jurisdiction over and administer all
matters covered by this chapter. The department may adopt rules pursuant to chapter 91,
Hawai‘i Revised Statutes, necessary for the purposes of this chapter.
(b) Failure to comply with any provision of this chapter, or any rule adopted pursuant to this
chapter, or with conditions imposed as part of any permit issued pursuant to this chapter,
shall constitute a violation of this chapter.
(c) Where notices are required or prescribed in this chapter, the director may deliver them
verbally or in writing. Written notifications may be delivered personally, by registered or
certified mail or by another method approved by the director that provides a delivery receipt.
Notices shall be considered received when that receipt is documented by the deliverer. If a
user receives notification of an attempted delivery and either does not claim or refuses to
claim the notice, then the notice shall be considered delivered 3 business days after the
deliverer documents the notification. Alternatively, the notice shall be considered delivered
when the director posts the notice in a conspicuous place upon the user’s premises.
Section 21-1-3. Abbreviations.
The following abbreviations, when used in this chapter, shall have the designated meanings:
“BOD5” Biochemical Oxygen Demand
“BMP” Best Management Practice
“BMR” Baseline Monitoring Report
“CAA” Clean Air Act
“CFR” Code of Federal Regulations
“CIU” Categorical Industrial User
“COD” Chemical Oxygen Demand
“CWA” Clean Water Act
“DEM” County of Hawai’i Department of Environmental Management
“DOH” State of Hawai’i Department of Health
“EPA” U.S. Environmental Protection Agency
“gpd” Gallons per day
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“IU” Industrial User
“l” Liter
“mg/l” Milligrams per liter
“NPDES” National Pollutant Discharge Elimination System
“NSCIU” Non-Significant Categorical Industrial User
“NSIU” Non-Significant Industrial User
“POTW” Publicly Owned Treatment Works
“PSES” Pretreatment Standards for existing sources
“PSNS” Pretreatment Standards for New Sources
“RCRA” Resource Conservation and Recovery Act
“SIU” Significant Industrial User
“SNC” Significant Noncompliance
“TRC” Technical Review Criteria
“TSS” Total Suspended Solids
“U.S.C.” United States Code
Section 21-1-4. Definitions.
As used in this chapter, unless the context specifically indicates otherwise:
“Accessible to a sewer” means property is within the sewer service area, there is an existing
sanitary or dry sewer on the parcel or there is a sanitary sewer on an adjoining parcel, or as determined by
the director.
“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. section 1251 et seq.
“Approval Authority” means the State of Hawai‘i, which administers the EPA-approved
pretreatment program through the Department of Health.
“Authorized representative of the user” or “duly authorized representative of the user”
means:
(a) If the user is a corporation:
(1) The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(2) The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for industrial
wastewater discharge permit requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(c) If the user is a federal, state, or local governmental facility: A director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or the official’s designee.
(d) The individuals described in paragraphs a through c, above, may designate a Duly
Authorized Representative if the authorization is in writing, the authorization specifies the
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individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the County.
“Average Dry Weather Hydraulic Capacity” means the daily average flow volume of
wastewater used for the of design of wastewater facilities.
“Best Management Practices” or “BMPs” means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements,
operating procedures as identified in section 21-3-15(a), and practices to control industrial and
commercial site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
“Biochemical oxygen demand” or BOD5 means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under a standard laboratory procedure in five days at
twenty degrees centigrade, expressed in milligrams per liter by weight.
“Biohazardous waste” means any of the following:
(a) Laboratory waste, including, but not limited to, all of the following:
(1) Human or animal specimen cultures from medical and pathological laboratories,
(2) Cultures and stocks of infectious agents from research and industrial laboratories,
(3) Waste from the production of bacteria, viruses, or the used spores, discarded live and
attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix
cultures;
(b) Waste containing any microbiologic specimens sent to a laboratory for analysis;
(c) Human surgery specimens or tissues removed at surgery or autopsy which are suspected by
the attending physician and surgeon or dentist of being contaminated with agents known to
be contagious to humans;
(d) Animal parts, tissues, fluids, or carcasses suspected by the attending veterinarian of being
contaminated with infectious agents known to be contagious to humans;
(e) Waste which, at the point of transport from the generator's site, at the point of disposal, or
thereafter, contains recognizable fluid blood, fluid blood products, containers, or equipment
containing blood that is fluid or blood from animals known to be infected with diseases
which are highly communicable to humans; or
(f) Waste containing discarded materials contaminated with excretion, exudate, or secretions
from humans who are required to be isolated by infection control staff, the attending
physician and surgeon, the attending veterinarian, or the local health officer, to protect
others from highly communicable diseases or isolated animals known to be infected with
diseases which are highly communicable to humans.
“Categorical Industrial User” means an Industrial User subject to a categorical Pretreatment
Standard or categorical Standard.
“Categorical Pretreatment Standard” or “Categorical Standard” means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b)
and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
“Cesspool” means an individual wastewater system consisting of a shallow or deep,
underground system for disposing of sanitary wastewater.
“Commission” means the Environmental Management Commission of the County.
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“Connection” or “sewer connection” means the point where an individual sanitary sewer
lateral attaches to the public sewer collection system.
“Chemical Oxygen Demand” or COD means a measure of the oxygen required to oxidize
all compounds, both organic and inorganic, in water.
“Control Authority” means the County.
“County” means the County of Hawai‘i.
“Daily Average” means the arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
“Day” means calendar day.
“Daily Maximum Limit” means the maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits
are expressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day.
“Department” means the Department of Environmental Management.
“Director” means the director of the department of environmental management, or the
director’s authorized representative.
“Domestic septage” means liquid and solid material removed from a septic tank, cesspool,
portable toilet, Type III marine sanitation device, or similar treatment works that receives only
domestic sewage. Domestic septage does not include liquid or solid material removed from a
septic tank, cesspool, or similar treatment works that receives either commercial wastewater or
industrial wastewater and does not include grease or food waste removed from a grease
interceptor or trap servicing a food service establishment.
“Domestic sewage” or “residential sewage” means waste and wastewater from humans or
household operations that is: (1) Discharged to or otherwise enters a treatment works; or (2) Of a
type that is usually discharged to or otherwise enters a treatment works or an individual
wastewater system.
“Dry sewer” means sewer system within the sewer service area that has been completely
installed, tested and is ready for service, but is not connected to the public sewer and for which
no wastewater is allowed until additional collection system piping is installed for connection to
the public sewer.
“Dwelling” means any building which is wholly or partly used or intended to be used for
living or sleeping by human occupants and includes, but is not limited to, apartment houses,
single family houses, duplex houses, cluster houses, townhouses, and planned developments, but
excludes hotels and lodging houses.
“Dwelling unit” for the purposes of this chapter only, means one or more rooms in a
single-family dwelling, two-family dwelling, or multiple-family dwelling designed for
occupancy by a single family for living and sleeping purposes and having either kitchen and
bathroom facilities or both for the primary use of such family.
“Environmental Protection Agency” or EPA means the U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division Director, the Regional
Administrator, or other duly authorized official of said agency.
“Enterprise Fund” means a self-supporting government fund that sells goods and services to
the public for a fee.
“Existing Source” means any source of discharge that is not a “New Source.”
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“Extension” or “sewer extension” means the connection of proposed sewer infrastructure to
the existing POTW which extends sewer service to previously inaccessible dwelling units.
“Fats, Oil and Grease” or “FOG” means nonpetroleum organic polar compounds derived
from animal or plant sources such as fats, nonhydrocarbons, fatty acids, soaps, waxes, and oils
that contain multiple carbon chain triglyceride molecules. These substances are detectable and
measurable using analytical test procedures established at 40 C.F.R. Part 136.
“Food service establishment” means any facility or part of a facility which packages,
processes, assembles, portions, or performs any operation which changes the form, flavor or
consistency of food, but does not include trimming or produce. Food includes any raw or
processed substance, ice, beverage, or ingredient intended to be used as food, drink,
confection, or condiment for human consumption. A food preparation facility includes but is
not limited to any facility for which an oil and grease interceptor is required. Food preparation
facilities within a multiple-use facility served by one sewer connection, have combined
wastewater constituents and characteristics that are significantly higher in wastewater strength
than domestic wastewater sources. A facility having a food preparation facility; either
individually or in combination with other uses, include, but are not limited to, the following
type of businesses as defined by the North American Industrial Classification System (NAICS)
Code:
NAICS Code
Number
Description of Industries
311811 Retail Bakeries
311812 Commercial Bakeries
311830 Tortilla Manufacturing
445110 Supermarkets and Other Groceries
445210 Meat Markets
445220 Fish and Seafood Markets
447110 Gasoline Stations (with Convenience Stores with OGI requirement)
452910 Warehouse/Club Supercenters (with OGI requirement)
713210 Casinos
713290 Other Gambling Industries (with OGI requirement)
713910 Golf Courses and Country Clubs (with OGI requirement)
713950 Bowling Centers
721110 Hotels (with Restaurant)
722110 Full-Service Restaurant (Pay After)
722211 Limited-Service Restaurant (Pay Before)
722213 Snack and Non-alcoholic Beverage Bars
722320 Caterers
722410 Bar and Nightclub (with OGI requirement)
921190 Other General Government Support (with OGI requirement)
“Gang cesspool” means a cesspool designed to accept sewage from two or more sources.
“Grab sample” means a sample that is taken from a waste stream without regard to the
flow in the waste stream and over a period of time not to exceed fifteen minutes.
“Grease interceptor” or “grease trap” means a pretreatment device designed, installed and
operated/maintained to prevent fats, oils and grease from entering the POTW.
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“Grease hauler” means an individual or business registered with the State department of
health to engage in the pumping and hauling of FOG and FOG waste.
“Hazardous substance” means any substance capable of creating imminent endangerment to
health of the environment, including, but not limited to, any substance designated under the
Clean Water Act, 33 USC, section 1251, et seq., 40 CFR 302; and any imminently hazardous
chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15
USC, section 2601, et seq. In general, substances which are toxic, explosive, corrosive,
flammable, or irritants, or which generate pressure through heat or decomposition, e.g., heavy
metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc., are hazardous substances.
“Incompatible pollutant” means any pollutant which is not a compatible pollutant as
defined in this section, and any pollutant listed by the United States Environmental Protection
Agency as a priority pollutant or by the state of Hawaiʻi as a toxic pollutant or a hazardous
material.
“Indirect Discharger” or “Discharger” means a user that sends its wastewater into the
POTW.
“Industrial user” means a discharger of non-domestic wastewater to the POTW.
“Industrial wastes” means the liquid wastes from industrial user processes.
“Infiltration” means the unintentional entry of water into the wastewater collection system
from the surrounding environment. Infiltration can be freshwater, salt water or brackish water.
Common points of entry include broken pipe and defective joints in the pipe or walls of
manholes. Infiltration may result from sewers being laid below the groundwater table or from
saturation of the soil by rain or irrigation water, seepage of groundwater or saltwater into a sewer
system, including service connections. Seepage frequently occurs through defective or cracked
pipes, pipe joints, connections, or manhole walls.
“Inflow” means water other than wastewater that enters a sewer system (including sewer
service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard
drains, area drains, drains from springs, coastal and swampy areas, manhole covers, cross
connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm
waters, surface runoff, sea- or brackish-water, street wash waters, or drainage. Inflow does not
include and is distinguished from infiltration.
“Instantaneous limit” means the maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the sampling event.
“Interference” means a disruption or inhibition of the POTW, its treatment processes or
operations, or its sludge processes, use or disposal, that is caused by a discharge alone or in
conjunction with a discharge or discharges from other sources, whether or not it is a cause of a
violation of any of the County’s permits or Federal, State or County statutory/regulatory
provisions.
“Large capacity cesspool” or “LCC” means a cesspool receiving sanitary waste from a
business, a business in addition to a residence, or multiple dwelling units.
“Lateral” portion of the sewer network connecting individual and private properties to the
POTW.
“Local Limit” means specific discharge limits developed and enforced by the County upon
industrial or commercial facilities to implement the general and specific discharge prohibitions
listed in 40 CFR 403.5(a)(1) and (b).
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“Main” or “sewer main” means a sewer to which several laterals or other branch sewer
lines may discharge.
“Medical waste” or “Infectious waste” means wastes as defined in HAR 11-104.1 and HRS
§321-21, which are hereby included by reference, and includes: animal wastes; blood, blood
products and other fluids; contaminated sharps; cultures and stocks; foreign bodies; human
pathological waste; infectious isolation waste; infections waste; body parts; contaminated
bedding; surgical wastes; potentially contaminated laboratory wastes; and dialysis wastes.
“Medical waste generator” means any person whose act or process produces medical
waste. All the following are examples of businesses which generate medical waste: Medical
and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, other
health facilities;
(a) Veterinary offices, clinics, and hospitals; and
(b) Pet shops.
“Monthly Average” means the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
“Monthly Average Limit” means the highest allowable average of “daily discharges” over a
calendar month, calculated as the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
“Municipal wastewater” means wastewater that is discharged to and treated by the POTW.
“New Source” means
(a) Any building, structure, facility, or installation from which there is (or may be) a discharge
of pollutants, the construction of which commenced after the publication of proposed
Pretreatment Standards under section 307(c) of the Act that will be applicable to such source
if such Standards are thereafter promulgated in accordance with that section, provided that:
(1) The building, structure, facility, or installation is constructed at a site at which no other
source is located; or
(2) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an Existing Source; or
(3) The production or wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an Existing Source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the Existing Source,
should be considered.
(b) Construction on a site at which an Existing Source is located results in a modification rather
than a New Source if the construction does not create a new building, structure, facility, or
installation meeting the criteria of section (1)(b) or (c) above but otherwise alters, replaces,
or adds to existing process or production equipment.
(c) Construction of a New Source as defined under this paragraph has commenced if the owner
or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite construction program
(A) Any placement, assembly, or installation of facilities or equipment; or
(B) significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of new source facilities or equipment; or
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(2) Entered a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss,
and contracts for feasibility, engineering, and design studies do not constitute a
contractual obligation under this paragraph.
“Noncontact Cooling Water” means water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
“North American Industrial Classification System” or “NAICS” means the system
adopted and revised every five years by the United States, Canada and Mexico, which divides
the economy into twenty sectors which are then methodically grouped according to the
production criterion. A specific NAICS number describes a particular type of industrial or
commercial user of municipal utility services.
“Parcel” means a parcel of land and all buildings upon it (herein, referred to as the
“property,” “lot” or “premises”).
“Pass Through” means a discharge which exits the POTW into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of any requirement of the County’s NPDES permit,
including an increase in the magnitude or duration of a violation.
“Person” means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal entity; or
their legal representatives, agents, or assigns. This definition includes all Federal, State, and local
governmental entities.
“pH” means measure of the acidity or alkalinity of a solution, expressed in standard units.
“Pollutant” means any constituent or characteristic of wastewater on which a discharge
limitation may be imposed either by the County or the regulatory bodies empowered to regulate
the County.
“Population equivalent” means the calculated population which would normally contribute
the same amount of pollutants or volume of flow per day as the daily wastes discharged by an
industrial or commercial establishment, using methods established in the Department’s rules.
“Pretreatment” means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu
of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by
physical, chemical, or biological processes; by process changes; or by other means, except by
diluting the concentration of the pollutants unless allowed by an applicable Pretreatment
Standard.
“Pretreatment Requirements” means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a Pretreatment Standard.
“Pretreatment Standards” or “Standards” means prohibited discharge standards, categorical
Pretreatment Standards, and Local Limits.
“Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in section 21-2-4.
“Property lateral” means that portion of the sewer line extending from a building to the
public sewer.
“Public sewer” means a sewer system, including a cesspool and a gang cesspool system,
owned, maintained, and operated by the County.
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“Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by
section 212 of the Act (33 U.S.C. section 1292), which is owned by the County. This definition
includes any devices or systems used in the collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey
wastewater to a treatment plant. The term “POTW” encompasses the terms “sewer works,”
“sewer system,” “public sewer” and “sewer.”
“Residential user” means a discharger of domestic wastewater to the POTW. Residential
users are a source of indirect discharge.
“Sanitary sewer” means a sewer that is intended to carry only wastewater.
“Sampling and evaluation program” means the determination of mass emission or
concentration of constituents or other conditions specified in the industrial user’s permit.
“Septage” means either a liquid or solid material removed from a septic tank, cesspool,
portable toilet, Type III marine sanitation device, or similar treatment works or storage tank that
receives wastewater.
“Sewage” means the wastes derived from ordinary human processes and of such character
as to permit satisfactory disposal, without special treatment, into the public sewer, a private
sewer, or by means of a household sewage disposal system.
“Sewage sludge” or “sludge” means any solid, semi-solid, or liquid residue removed during
the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not
limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum,
septage, portable toilet pumping, Type III Marine Sanitation device pumpings (33 Code of
Federal Regulations Part 159), and sewage sludge products. Sewage sludge does not include grit,
screenings, or ash generated during the incineration of sewage sludge.
“Sewer service area” or “service area” means a geographic area determined by the director
within which all parcels are planned to be connected to a POTW. The director may use the
current or historical facility plan, or other data to develop sewer service area boundaries.
“Sewage works,” “sewer system,” or “sewer,” means all public facilities for collecting,
pumping, treating and disposing of sewage.
“Significant Industrial User” or “SIU” means, except as provided in section c or d of this
definition:
(a) An Industrial User subject to Categorical Pretreatment Standards; or
(b) An Industrial User that:
(1) Discharges an average of twenty-five thousand gallons per day (gpd) or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler
blowdown wastewater);
(2) Contributes a process waste stream which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the POTW; or
(3) Is designated as such by the director on the basis that it has a reasonable potential for
adversely affecting the POTW’s operation or for violating any Pretreatment Standard
or Requirement.
(c) The director may determine that an Industrial User subject to Categorical Pretreatment
Standards is a Non-Significant Categorical Industrial User on a finding that the Industrial
User never discharges more than 100 gpd of total categorical wastewater (excluding
sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included
in the Pretreatment Standard) and the following conditions are met:
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(1) The Industrial User, prior to the director’s finding, has consistently complied with all
applicable categorical Pretreatment Standards and Requirements.
(2) The Industrial User annually submits the certification statement required in section 21-
4-4 and consistent with procedures in 40 CFR 403.12(q), together with any additional
information necessary to support the certification statement; and
(3) The Industrial User never discharges any untreated concentrated wastewater.
(d) Upon a finding that a user meeting the criteria in Subsection (2) of this part has no
reasonable potential for adversely affecting the POTW’s operation or for violating any
Pretreatment Standard or Requirement, the director may at any time, on its own initiative or
in response to a petition received from an Industrial User, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user is not considered a Significant
Industrial User.
“Significant noncompliance” (SNC) means an industrial user’s violation meets one or
more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent or more of all of the measurements taken for the same pollutant parameter taken
during a six-month period exceed (by any magnitude) a numeric pretreatment standard or
requirement, including instantaneous limits.
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent or more of all the measurements taken for the same pollutant parameter during a six-
month period equal or exceeds the product of the numeric pretreatment standard or
requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4
for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(c) Any other violation of a pretreatment standard or requirement (daily maximum, long-term
average, instantaneous limit, or narrative standard) that the County determines has caused,
alone or in combination with other discharges, interference or pass through, including
endangering the health of County personnel or the public.
(d) Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare, or to the environment, or has resulted in the County’s exercise of its emergency
authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.
(e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance.
(f) Failure to provide, within forty-five days after the due date, any required reports such as
baseline monitoring reports, ninety-day compliance reports, reports on compliance with
categorical pretreatment standards or deadlines, periodic self-monitoring reports, and reports
on compliance with compliance schedules.
(g) Failure to accurately report noncompliance.
(h) Any other violation or group of violations, which may include a violation of best
management practices, which the County determines will adversely affect the operation or
implementation of the local pretreatment program.
“Single-pass cooling water” means water used solely for the purpose of cooling. This water
is used only once and is discarded.
“Slug Load or Slug Discharge” means any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards in section 21-2-4. A Slug Discharge
is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill
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or a non-customary batch Discharge, which has a reasonable potential to cause Interference or
Pass Through, or in any way violate the POTW’s regulations, Local Limits or Permit conditions.
“Special benefit charge” means a charge applied to developing properties in addition to the
normal connection charges to finance master sewer plan projects relative to the construction of
POTW where deficiencies are uniquely confined to specific geographic sewer service areas or
improvement districts.
“Standard methods” means the standards contained in the latest edition of the book entitled
“Standard Methods for the Examination of Water and Wastewater” published by the American
Public Health Association, et al.
“Stormwater” means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
“Stormwater Sewer” means a system with the specific purpose to carry only stormwater.
“Subdivision” means a division of a parcel into two or more parcel. It also means the act of
subdividing a parcel into two or more parcel.
“Subtractive water meter” means a secondary water service meter installed after and off of
the primary water meter at the same service location to provide metering of nonsewer discharged
water and separate metering at commercial locations having both high- and low-strength
wastewater discharges to the same sewer lateral.
“Tenant(s)” mean person(s) under oral or written contract with the owner or agent to
temporarily occupy premises.
“Total Suspended Solids” or “Suspended Solids” means the total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
“Treatment unit” means any plant, facility, or equipment used in the treatment of
wastewater, including the necessary pumps, power equipment, blowers, motors, holding tanks,
flow splitter, and other process equipment.
“Treatment Works” means any treatment unit and its associated collection system and
disposal system, excluding individual wastewater systems. Treatment works may be publicly or
privately owned. The term “treatment works” encompasses the terms “sewer works,” “sewer
system,” and “sewer.”
“Trunk sewer” means a public sewer which transports sewage away from a general area,
neighborhood, or subdivision.
“Unoccupied unit” means a dwelling unit that is not occupied but has accessibility to a
sewer, plumbing fixtures located on it, and currently receives a water bill.
“Unpolluted water” means cooling water, single-pass cooling water, air conditioning
condensate, ice melt, condensate, and rain water.
“Waste” means domestic sewage, industrial and agricultural matter, and all other liquid,
gaseous, or solid substance, including radioactive substance, whether treated or not, which may
pollute or tend to pollute the waters of this State.
“Wastewater” means any liquid waste, whether treated or not.
“Wastewater division” means a division within the Department of Environmental
Management with the explicit purpose to manage the County’s wastewater resources and any
subsequent use or disposal of any component of the wastewater treatment process.
“Wastewater hauler” means an individual or business registered with the State department
of health and the County of Hawai’i Department of Environmental Management to engage in the
pumping and hauling of septage, wastewater or wastewater sludge, or both, from a septic tank,
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cesspool, portable toilet, Type III marine sanitation device, or similar treatment/disposal system
or collection system that receives wastewater and disposes of their hauled wastes at a County of
Hawai’i wastewater facility.
“Wastewater sludge” or “sewage sludge” means any solid, semi-solid, or liquid residue
removed during treatment of municipal wastewater or domestic sewage. Includes, but is not
limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum,
portable toilet pumping, Type III marine sanitation device (33 Code of Federal Regulations Part
159), and sewage sludge products. Sewage sludge does not include grit, screenings, or ash
generated during the incineration of sewage sludge.
Article 2. General Sewer Use Requirements.
Section 21-2-1. Authority.
The County is regulated by several agencies of the United States government and the state
of Hawaiʻi, pursuant to the provisions of federal and state law. These laws grant the County the
authority to regulate and/or prohibit, by the adoption of regulations and/or by the issuance of
discharge permits, the discharge of any waste, directly or indirectly, to the County’s POTW. Said
authority includes the right to establish limits, conditions, prohibitions, and best management
practices; establish flow rate limitations or prohibit flows discharged to the County’s POTW;
require the development of compliance schedules for the installation and maintenance of
equipment systems and materials by all users; and take all actions necessary to enforce its
authority.
The establishment of limits, conditions, and prohibitions will be enforceable and contain, at
a minimum, the following conditions:
(a) Statement of permit duration (in no case more than five years);
(b) Statement of nontransferability without, at a minimum, prior notification to the County and
provision of a copy of the existing control mechanism to the new owner or operator;
(c) Effluent limits based on applicable general pretreatment standards in 40 CFR part 403,
categorical pretreatment standards, local limits, and state and local laws;
(d) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements,
including an identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type, based on applicable general pretreatment standards in 40 CFR
part 403, categorical pretreatment standards, local limits, and state and local law;
(e) Statement of applicable civil and criminal penalties for violation of pretreatment
requirements, and any applicable compliance schedule. Such schedules may not extend the
compliance date beyond applicable federal deadlines.
Section 21-2-2. Delegation of authority.
(a) The County has the authority under this chapter to deny or condition new or increased
contributions of pollutants to the POTW by industrial users where such contributions do not
meet applicable pretreatment requirements or standards, where such contributions would
cause non-compliance and/or a violation of the any of the County’s NPDES permits, or
facility discharge requirements.
(b) The County has the authority to:
(1) Randomly sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information supplied by
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industrial user's, occasional and continuing noncompliance with pretreatment
requirements, or standards;
(2) Inspect and sample effluent from each industrial user at least once a year; and
(3) Evaluate, periodically, whether each such industrial user needs a plan to control slug
discharges.
(4) The results of such activities shall be available to the approval authority upon request.
(c) The County has the authority to develop procedures to prevent adverse impact from
accidental spills, including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment measures for containing toxic
organic pollutants (including solvents) and/or measures and equipment for emergency
response.
Section 21-2-3. Use of public sewers – restrictions.
No person shall, without prior written approval of the director:
(a) Obstruct or otherwise make inaccessible any portion of the public sewer;
(b) Uncover or molest in any way, any public sewer;
(c) Throw or discharge anything into any sewer manhole;
(d) Enter, uncover, or tamper with any portion of the public sewer;
(e) Connect to or discharge any wastewater or any other substance directly into a manhole or
other opening in the public wastewater system other than in accordance with requirements
of this chapter and through service sewers approved by the director, except that the director
may grant permission and establish requirements and policies for such direct discharge.
(f) Remove or demolish any building or structures with plumbing fixtures connected directly or
indirectly to the public sewer.
(g) Fill or backfill over, or cause to be covered or obstruct access to, any sewer manhole.
(h) Erect any improvements, including but not limited to, foundations, structures or buildings
over public sewers.
Section 21-2-4. Prohibited discharge standards.
(a) General prohibitions. No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes Pass Through or Interference. These general
prohibitions apply to all users of the POTW whether they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment standards or
requirements or not.
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than 140 degrees
Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 or more than 11, or otherwise capable of causing
corrosive structural damage to the POTW or equipment as determined by the director;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW as determined by the director, whether resulting in interference or not;
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration which, either singly or by interaction with
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other pollutants, are capable of causing Interference with or pass through the POTW as
determined by the director;
(5) Wastewater having a which could inhibit biological activity in the treatment plant as
determined by the director, but in no case shall it cause the temperature at the point of
introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that the director determines may impact operations or cause interference or
pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except by permit at discharge points designated by the
director, and in accordance with section 21-3-19;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant’s effluent Wastewater containing any
radioactive wastes or isotopes except in compliance with applicable state or federal
regulations;
(11) Liquids other than wastewater, such as but not limited to storm water, surface water,
ground water, salt water, artesian well water, roof runoff, subsurface drainage,
swimming pool drainage, condensate, deionized water, and noncontact cooling water,
unless specifically authorized by the director;
(12) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(13) Medical wastes, except as specifically authorized by the director and in conformance
with HAR 11-104 in an industrial wastewater discharge permit;
(14) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s
effluent to fail toxicity test;
(15) Detergents, surface-active agents, or other substances that may cause excessive
foaming in the POTW;
(16) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100
mg/l or that have the potential to cause flow restrictions or process disruptions within
the POTW; or
(17) Substances which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
(c) Pollutants, substances, or wastewater prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
(d) Dilution prohibited. No user shall ever increase the use of process water, or in any way
attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to
achieve compliance with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The director may impose mass limitations on users
who are using dilution to meet applicable pretreatment standards or requirements, or in other
cases when the imposition of mass limitations is appropriate.
Section 21-2-5. Local limits.
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(a) The director is authorized to establish local limits pursuant to 40 CFR 403.5(c) by
publishing them in the Department Rules or in industrial wastewater discharge permits.
(b) The director may establish best management practices (BMPs) by Administrative Rules,
within this chapter for explicit industrial or commercial uses, and in industrial wastewater
discharge permits. BMPs shall be implemented to achieve Local Limits, address pollution
specific operational problems, and the requirements of section 21-2-4.
Section 21-2-6. County’s right of revision.
The County reserves the right to establish, by ordinance, administrative rule or industrial
wastewater discharge permits, more stringent standards or requirements on discharges to the
POTW consistent with the purpose of this chapter.
Section 21-2-7. Special agreement.
The County reserves the right to enter into special agreements with industrial users setting
out special terms under which they may discharge to the POTW. In no case will a special
agreement waive compliance with a pretreatment requirement. However, the industrial user may
request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15; and
may also request a variance from the categorical pretreatment standard from EPA.
Such a request will be approved only if the industrial user can prove that factors relating to
his discharge are fundamentally different from the factors considered by EPA when establishing
that pretreatment requirement. An industrial user requesting a fundamentally different factor
variance must comply with the procedural and substantive provisions in 40 CFR 403.13.
Section 21-2-8. Applicability to public agencies.
The provisions of this chapter shall be applicable to any building, structure, or property
situated within the County sewer service area which is owned, leased, controlled, operated, or
occupied by the United States, the state, the County, a school district, or by any public or quasi-
public agency, corporation, or association which contributes to any volume of septage or sewage
of any of the POTW.
Section 21-2-9. Regulation of waste received from other jurisdictions.
(a) If another public agency, or user located within another public agency, contributes
wastewater to the POTW, the mayor shall enter into an agreement with the contributing
public agency.
(b) Prior to entering into an agreement required by paragraph (a), above, the director shall
request the following information from the contributing public agency:
(1) A description of the quality and volume of wastewater discharged to the POTW by the
contributing public agency;
(2) An inventory of all Users located within the sewer service area of the contributing
public agency that discharge to the POTW; and
(3) Such other information as the mayor may deem necessary.
(c) Should multiple public agencies be involved, a multi-jurisdictional agreement, as required
by paragraph (a), above, shall contain the following conditions:
(1) A requirement for the contributing public agency to adopt a sewer use ordinance which
is at least as stringent as this chapter and Local Limits, including required Baseline
Monitoring Reports (BMRs) which are at least as stringent as those set out in section
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21-2-5. The requirement shall specify that such ordinance and limits must be revised as
necessary to reflect changes made to the County’s ordinance or local limits;
(2) A requirement for the contributing public agency to submit a revised User inventory on
at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including
individual wastewater discharge permit issuance, inspection and sampling, and
enforcement, will be conducted by the contributing jurisdiction; which of these
activities will be conducted by the director; and which of these activities will be
conducted jointly by the contributing public agency and the director;
(4) A requirement for the contributing public agency to provide the director with access to
all information that the contributing public agency obtains as part of its pretreatment
activities;
(5) Limits on the nature, quality, and volume of the contributing public agency’s
wastewater at the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing public agency’s discharge;
(7) A provision ensuring the director access to the facilities of Users located within the
contributing public agency’s jurisdictional boundaries for the purpose of inspection,
sampling, and any other duties deemed necessary by the director; and
(8) A provision specifying remedies available for breach of the terms of the agreement
with the public agency.
Section 21-2-10. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in
an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the director or other
parties approved by EPA.
The director shall set additional sampling and analytical requirements in the administrative
rules.
Section 21-2-11. Sample collection.
Samples for the reporting period shall be collected using appropriate sampling and analysis
and shall be representative of conditions occurring during the reporting period.
(a) Except as indicated in subsections (b) and (c) below, the user must collect wastewater
samples using 24-hour flow-proportional composite sampling techniques, unless
time-proportional composite sampling or grab sampling is authorized by the director. Where
time-proportional composite sampling or grab sampling is authorized by the County, the
samples must be representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected during a 24-hour period shall be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides the samples shall be composited in the
laboratory or in the field; for volatile organics and oil and grease, the samples shall be
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composited in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies shall be authorized
by the County, as appropriate. In addition, grab samples shall be required to show
compliance with Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90-day compliance reports
required in section 21-5-2 and 21-5-4 [40 CFR 403.12(b) and (d)], a minimum of four (4)
grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historical sampling data do not exist; for facilities
for which historical sampling data are available, the director may authorize a lower
minimum. For the reports required by paragraphs Section 21-5-5 (40 CFR 403.12(e) and
403.12(h)), the Industrial User is required to collect the number of grab samples necessary to
assess and assure compliance by with applicable Pretreatment Standards and Requirements.
Article 3. Pretreatment of Wastewater.
Section 21-3-1. Wastewater survey.
When requested by the director, an industrial user shall submit information on the nature
and characteristics of the user’s wastewater by completing a wastewater survey prior to
commencing the discharge. The director is authorized to prepare a form for this purpose; and
may periodically require an industrial user to update the survey. Failure to complete the survey
shall be reasonable grounds for terminating service to the industrial user and shall be considered
a violation of this chapter.
Section 21-3-2. National categorical pretreatment standards.
Users shall comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
Subchapter N, Parts 405–471.
(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater, the director may impose equivalent
concentration or mass limits in accordance with section 21-3-2(e) and 21-3-2(f).
(b) When the limits in a categorical Pretreatment Standard are expressed only in terms of mass
of pollutant per unit of production, the director may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent limitations applicable to individual
Industrial Users.
(c) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the director shall impose an alternate limit in accordance
with 40 CFR 403.6(e).
(d) A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in
accordance with HAR Section 11-55-42.
(e) When a categorical pretreatment standard is expressed only in terms of pollutant
concentrations, an Industrial User may request that the County convert the limits to
equivalent mass limits. The determination to convert concentration limits to mass limits is
within the discretion of the director. The County may establish equivalent mass limits only
if the Industrial User meets all the conditions set forth in this subsection.
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(1) To be eligible for equivalent mass limits, the Industrial User must:
(A) Employ, or demonstrate that it will employ, water conservation methods and
technologies that substantially reduce water use during the term of its industrial
wastewater discharge permit;
(B) Currently use control and treatment technologies adequate to achieve compliance
with the applicable categorical Pretreatment Standard, and not have used dilution
as a substitute for treatment;
(C) Provide sufficient information to establish the facility’s actual average daily flow
rate for all waste streams, based on data from a continuous effluent flow
monitoring device, as well as the facility’s long-term average production rate.
Both the actual average daily flow rate and the long-term average production rate
must be representative of current operating conditions;
(D) Not have daily flow rates, production levels, or pollutant levels that vary so
significantly that equivalent mass limits are not appropriate to control the
discharge; and
(E) Have consistently complied with all applicable categorical pretreatment standards
during the period prior to the Industrial User’s request for equivalent mass limits.
(2) An Industrial User subject to equivalent mass limits must:
(A) Maintain and effectively operate control and treatment technologies adequate to
achieve compliance with the equivalent mass limits;
(B) Continue to record the facility’s flow rates through the use of a continuous
effluent flow monitoring device;
(C) Continue to record the facility’s production rates and notify the director whenever
production rates are expected to vary by more than 20 percent from its baseline
production rates determined in section 21-3-2(e)(1)(C). Upon notification of a
revised production rate, the director will reassess the equivalent mass limit and
revise the limit as necessary to reflect changed conditions at the facility; and
(D) Continue to employ the same or comparable water conservation methods and
technologies as those implemented pursuant to section 21-3-2(e)(1)(A) so long as
it discharges under an equivalent mass limit.
(3) When developing equivalent mass limits, the director:
(A) Will calculate the equivalent mass limit by multiplying the actual average daily
flow rate of the regulated process(es) of the Industrial User by the concentration-
based daily maximum and monthly average standard for the applicable categorical
pretreatment standard and the appropriate unit conversion factor;
(B) Upon notification of a revised production rate, will reassess the equivalent mass
limit and recalculate the limit as necessary to reflect changed conditions at the
facility; and
(C) May retain the same equivalent mass limit in subsequent individual wastewater
discharger permit terms if the Industrial User’s actual average daily flow rate was
reduced solely as a result of the implementation of water conservation methods
and technologies, and the actual average daily flow rates used in the original
calculation of the equivalent mass limit were not based on the use of dilution as a
substitute for treatment pursuant to section 21-2-4(d). The Industrial User must
also be in compliance with section 21-10-3 regarding the prohibition of bypass.
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(f) The director may convert the mass limits of the categorical pretreatment standards of 40
CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations
applicable to individual Industrial Users. The conversion is at the discretion of the director.
(g) Once included in its permit, the Industrial User must comply with the equivalent limitations
developed in this section in lieu of the promulgated categorical standards from which the
equivalent limitations were derived.
(h) Many categorical pretreatment standards specify one limit for calculating maximum daily
discharge limitations and a second limit for calculating maximum monthly average, or four-
day average, limitations. Where such standards are being applied, the same production or
flow figure shall be used in calculating both the average and the maximum equivalent
limitation.
(i) Any Industrial User operating under a permit incorporating equivalent mass or concentration
limits calculated from a production-based standard shall notify the director within two (2)
business days after the user has a reasonable basis to know that the production level will
significantly change within the next calendar month. Any user not notifying the director of
such anticipated change will be required to meet the mass or concentration limits in its
permit that were based on the original estimate of the long-term average production rate.
Section 21-3-3. Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this chapter and shall
achieve compliance with all pretreatment standards, local limits, and the prohibitions set out in
Article 1 within the time limitations specified by EPA, the state, or the director, whichever is
more stringent. Any facilities necessary to pretreat wastewater to a level acceptable to the
County shall be provided, operated, and maintained at the user’s expense.
Detailed and certified engineering plans showing such facilities and operating procedures
shall be submitted to the director for review and shall be acceptable to the director before such
facilities are constructed. The review of such plans and operating procedures shall in no way
relieve the user from the responsibility of modifying such facilities as necessary to produce a
discharge acceptable to the County under the provisions of this chapter.
Section 21-3-4. Additional pretreatment facilities.
(a) Whenever deemed necessary, the director may require users to restrict their discharge during
peak flow periods, designate that certain wastewater be discharged only into specific sewers,
relocate and/or consolidate points of discharge, separate domestic sewage waste streams
from industrial waste streams, and such other conditions as may be necessary to protect the
POTW and determine the user’s compliance with the requirements of this chapter.
(b) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they
are necessary for the proper handling of wastewater containing excessive amounts of grease
and oil, or sand; except that such interceptors shall not be required for residential users. All
interception units shall be of a type and capacity approved by the director, shall be so
located to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired by the user at their expense.
(c) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
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(d) At no time shall readings of an explosion hazard meter at the point of discharge into the
POTW, or at any point in the POTW, be more than ten percent of the lower explosive limit
(LEL) of the meter.
Section 21-3-5. Monitoring facilities.
The County shall require an industrial user to construct, at the user’s own expense,
monitoring facilities to allow inspection, sampling, and flow measurements of the premises,
sewer, or internal drainage systems; and shall also require sampling, metering equipment, or flow
measurement devices to be provided, installed, and operated at the owner's expense. Such
monitoring facilities shall be situated on the owner's premises.
Monitoring facilities shall include accommodations to allow access by County personnel,
such as a cover secured with a lock owned by County. There shall be adequate room in or near
the monitoring facilities to permit accurate sampling, flow measuring, and composting of
samples for analysis. The monitoring facilities and procedures and the equipment therefore shall
be provided and always maintained in a safe and proper operating condition, and at the expense
of the industrial user or applicant.
Monitoring facilities shall be constructed in accordance with uniform standards and
specifications provided by the County. For existing industrial users, construction thereof shall be
completed within one hundred and eighty days following written notification of the above
requirements by the County. For new industrial users, construction thereof shall be completed
prior to sewer discharge.
Section 21-3-6. Flow measurement.
All industrial users who discharge twenty-five thousand gallons per day or more of
industrial wastewater shall install a continuous monitoring flow meter capable of measuring the
industrial user's discharge to the POTW. The flow measurement device shall conform to
standards issued by the director and be maintained as per the industrial user's permit.
Section 21-3-7. Owner and tenant responsibility.
Where an owner of property leases premises to any other person as a tenant under any
rental or lease agreement, if either the owner or the tenant is an industrial user, either or both
shall be held responsible for compliance with the provisions of this chapter.
Section 21-3-8. Vandalism.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, tamper with, or prevent access to any structure, appurtenance, equipment, or other part of
the POTW. Any person found in violation of this requirement shall be subject to the sanctions set
out in administrative, judicial, or any supplemental enforcement actions established within this
chapter.
Section 21-3-9. Separation of domestic and industrial waste.
Every person who discharges industrial wastewater shall keep the domestic wastewaters
separate from all industrial wastewaters until the industrial wastewaters have passed through any
required pretreatment system or device, or the industrial wastewater control manhole or sampling
station.
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Section 21-3-10. Gravity separation interceptor requirements.
(a) All gravity separation interceptor chambers shall be immediately accessible at all times for
the purposes of inspection and cleaning. At no time shall any material, debris, obstacles, or
obstructions be placed in such a manner to prevent immediate access to the gravity
separation interceptor.
(b) Any gravity separation interceptor legally and properly installed before the effective date of
this chapter shall be acceptable as an alternative to the gravity separation interceptor
specified herein, provided such gravity separation interceptor is effective in removing
floatable and settleable material and is so designed and installed that it can be inspected and
properly maintained.
(c) If the director finds, either by engineering knowledge or by observation, that a gravity
separation interceptor is incapable of retaining adequately the floatable and settleable
material in the wastewater flow, is structurally incomplete, or is undersized for the facility,
the director shall condemn such gravity separation interceptor and declare that it does not
meet the requirements of this chapter, and shall require the industrial user to install, at the
user’s expense, an acceptable replacement gravity separation interceptor.
Section 21-3-11. Standard gravity separation interceptor designs and policies.
The County shall maintain a file available for public use of suitable designs and policies of
gravity separation interceptors. These shall be for informational purposes only. Installation of a
gravity separation interceptor of a design shown in this file, or of any design meeting the size
requirements set forth in this chapter, shall not impute any liability to the County for the
adequacy of the gravity separation interceptor under actual conditions of use. It shall not relieve
the owner or proprietor of responsibility for keeping floatable and settleable material out of the
sewer.
Section 21-3-12. Gravity separation interceptor maintenance.
(a) Any person who owns, operates, or maintains a gravity separation interceptor shall maintain
it properly. It shall be cleaned as often as is necessary to ensure that sediment and floating
materials do not accumulate to impair the efficiency of the gravity separation interceptor.
The use of emulsifiers, bacterial additives, or other chemical agents to dissolve grease is
specifically prohibited. When a gravity separation interceptor is cleaned, the sidewalls shall
be scraped and hosed down, while all the solids and liquids contained are removed. All
wastes removed from any gravity separation interceptor shall be legally disposed of other
than to the sewer. The County specifically prohibits the following gravity separation
interceptor practices:
(1) Pumping to remove only accumulated sediments or floating materials;
(2) Pumping operations which specifically separate floating or sediment interceptor solid
wastes from wastewater and then return or decant the separated wastewater back into
the gravity separation interceptor; and
(3) Transporting any hauled pollutants from another location for discharge into a gravity
separation interceptor.
(b) A gravity separation interceptor is not considered to be properly maintained if for any
reason it is not in good working condition with all internal required plumbing of proper
design and length in place, or if the operational fluid capacity has been reduced by more
than twenty-five percent by the accumulation of floating and settled solids, oils, and greases.
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The owner of any premises required to install a gravity separation interceptor; the lessee and
sublessee, if there be such; and any proprietor, operator, or superintendent of such facility
are individually and severally liable for any failure of proper maintenance of such gravity
separation interceptor.
(c) If the gravity separation interceptor is not maintained adequately under the conditions of
use, the gravity separation interceptor shall be resized, and the industrial user shall install
one which is effective in accomplishing the intended purpose.
Section 21-3-13. Food service establishment facilities.
(a) Food preparation facilities shall include, but not be limited to, retail establishments selling
prepared foods and drinks for consumption on the premises, and lunch counters and
refreshment stands selling prepared foods and drinks for immediate consumption. Food
preparation facilities, lunch counters, and drinking places operated as subordinate service
facility by other establishments shall also be included.
(b) Any person who operates, owns, or maintains a food preparation facility shall cause all food
preparation wastes from floor drains, floor sinks, sinks, waste containers, wash racks,
dishwashers, and garbage grinders to be directed through a minimum of five-hundred-gallon
gravity separation interceptor, unless otherwise approved by the industrial waste division,
and shall keep all domestic wastewaters from restrooms, showers and drinking fountains
separate from the restaurant wastewater until the restaurant wastewaters have passed
through all necessary pretreatment equipment devices, or monitoring stations.
(c) Condensate (i.e., air conditioning) and ice melt shall be connected to the gravity separation
interceptor at the discretion of the director. Sizing of gravity separation interceptors shall be
determined as described in the Uniform Plumbing Code, as adopted by the County, or as
otherwise approved by the director.
Section 21-3-14. Prohibited food service establishment wastewater discharges.
No person who owns, operates, or maintains a restaurant shall at any time discharge any
wastewater to the street, storm drain, storm channel, parking lots, service dock areas, or ground,
except for unpolluted cooling water that has been approved by the director and the building
division. Wastewater generated by restaurants must be disposed of to a gravity separation
interceptor connected to a sewer or approved individual wastewater system.
Section 21-3-15. Fats, oil, and grease.
The director shall develop a Fats, Oil, and Grease (FOG) control program to reduce sanitary
sewer overflows (SSOs), reduce floatable FOG wastes within sewer pump station wet wells,
collection system blockages, and to protect public health and the environment by minimizing
public exposure to unsanitary conditions. By controlling the discharge of fats, oils, and grease to
the wastewater collection system, excessive buildup in sewer pipes, mechanical equipment, and
wet wells thereby increasing the system's operating efficiency and reducing the number of sewer
line blockages and overflows.
(a) All food service establishments shall implement BMPs to minimize the discharge of FOG to
the sewer system, including, but not limited to, the following, as applicable:
(1) Drain screens shall be installed on all drainage pipes in food preparation areas.
(2) Waste cooking oil shall be disposed of in accordance with state and local law.
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(3) All waste cooking oil shall be collected and stored properly in recycling receptacles
such as barrels or drums. Such recycling receptacles shall be maintained properly to
ensure that they do not leak. Licensed waste haulers or an approved recycling facility
must be used to dispose of waste cooking oil in accordance with applicable state and
local law.
(4) All food waste should be disposed of directly into the trash or garbage, or by a food
recycling program. Disposal shall be in accordance with applicable state and local law
and not into sinks and shall be disposed of in a manner that will ensure against leakage
in the trash container or anywhere else.
(5) Employees shall be trained by food service establishment ownership/management
periodically on the following subjects:
(A) Dry-wiping pots, pans, dishware and work areas before washing to remove
grease.
(B) Properly disposing food waste and solids in plastic bags prior to disposal in trash
bins or containers to prevent leaking and odors.
(C) The location and use of absorption products to clean under fryer baskets and other
locations where grease may be spilled or dripped.
(D) Properly disposing grease or oils from cooking equipment into a proper grease
receptacle without spilling.
(E) Training shall be documented along with employee signatures. Training records
shall be available for review at any time by authorized representatives of the
County.
(F) Mechanical exhaust ventilation filters shall be cleaned as frequently as necessary
to be maintained in good operating condition. The wastewater generated from
cleaning exhaust filters shall be disposed of properly.
(G) Best management and FOG waste minimization practices shall be conspicuously
visible on posted signage in the food preparation and dishwashing areas.
(6) Any person or business who removes commercial FOG waste or commercial cooking
oil waste from any source shall transport the waste to a recycling or disposal facility
and unload the waste there. The facility shall be permitted by an appropriate agency
having jurisdiction.
(7) All Commercial FOG waste disposal facilities shall be considered a SIU if any
component of the associated process wastes is received at any County POTW or solid
waste facility.
(8) Any person who comes into possession of commercial FOG waste or commercial
cooking oil waste at a recycling or disposal facility shall either:
(A) Convert the waste into biodiesel or renewable fuel, compost, or another
marketable product;
(B) Transport the waste to another permitted recycling facility and unload the waste
there, or;
(C) Pretreat the waste and transport it to a permitted disposal facility.
(9) The director may, suspend the requirements of this section during the period of a work
stoppage or any other interruption of recycling transport service or recycling facility
service
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(10) Whenever the director determines that there are inadequate recycling facilities or there
is inadequate recycling capacity to dispose of all commercial FOG waste or
commercial cooking oil waste in the County at a recycling facility.
Section 21-3-16. Conditional oil and grease interceptor waiver.
Notwithstanding any other provision in this section, an owner of an existing or proposed
industrial user on may obtain a conditional oil and grease interceptor waiver, from the County,
from the grease interceptor requirement to allow for the following situations:
(a) The existing food preparation facility that was constructed prior to the effective date of this
ordinance without an oil and grease interceptor, does not have a record of non-compliance,
and will implement BMPs identified in section 21-3-15(a). The facility shall be subject to
compliance if any improvement to the facility which requires a County development permit.
(b) Existing food preparation facility not likely not generate FOG waste.
(c) Allow alternative pretreatment technology that is equally effective in controlling the FOG
discharge in lieu of a grease interceptor.
Section 21-3-17. Cost recovery for FOG.
All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed
to by a food service establishment shall be reimbursed to the County by the owner of the food
service establishment. Factors for determining responsible parties for cost recovery charges,
include food service establishments that are discharging into the affected sewer line, the presence
of grease removal devices or alternative pretreatment in the food service establishment, proper
maintenance of grease removal devices by the owner or operator of the food service
establishment, implementation of BMPs identified in section 21-3-15(a), and any conditional
waivers granted.
Section 21-3-18. Accidental/slug discharge control plans.
All industrial users subject to pretreatment requirements or national pretreatment standards
shall notify the director immediately of all discharges that could cause problems to the POTW,
including any slug loading or prohibited discharge.
The director may require any industrial user to develop and implement an accidental
discharge/slug control plan. The director will evaluate accidental discharge/slug control plan
needs for all industrial users classified as significant industrial users and may develop such a
plan for any industrial user. An accidental discharge/slug control plan shall address, at a
minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the director of any accidental or slug discharge, as
required by section 21-5-7; and
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for
emergency response.
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Section 21-3-19. Hauled wastewater.
(a) The director may establish limits, requirements, fees, and pretreatment and permit
requirements for cesspool septage, chemical toilet waste, wastewater, or wastewater sludge
(hauled wastewater), or any other waste not prohibited under this chapter by publishing
them in the administrative rules.
(b) The director may require haulers and generators of hauled wastewater to obtain individual
industrial wastewater discharge permits. The director also may prohibit the disposal of
hauled wastewater in general or may prohibit discharge of specific types or
generators/haulers. The discharge of hauled wastewater is subject to all other requirements
of this chapter.
(c) Hauled wastewater may be introduced into the POTW only at locations designated by the
director, and at such times as are established by the director. Such discharge shall not violate
Article 2 of this chapter, or any other requirements established by the County.
(d) No hauled wastewater may be discharged without prior consent of the director. The director
may collect samples of each hauled load to ensure compliance with applicable standards.
The director may require the industrial waste hauler to provide a waste analysis of any load
prior to discharge.
(e) Haulers shall provide information about their load. Information provided, at a minimum,
shall be the name and address of the hauler, permit number, truck identification, names, and
addresses of sources of waste, and volume and characteristics of waste. Hauler shall
identify the type of industry, known or suspected waste constituents, and whether any
wastes are RCRA hazardous wastes. The director may request additional information about
the hauled waste, set requirements, and establish forms for this purpose in the administrative
rules.
(f) The director may require submitted reports containing the tabulated information listed in
paragraph (e) above to the wastewater division no later than thirty days after the last day of
the month. Failure to provide the requested information may lead to revocation of the
hauler’s permit and initiation of formal complaint from County to other permitting agencies
for haulers.
Article 4. Industrial Wastewater Discharge Permits
Section 21-4-1. Industrial wastewater discharge permit requirement.
All significant industrial users (SIUs) connected to or proposing to connect to the
wastewater collection system shall obtain a permit from the director as a condition to be
connected to and to discharge into the wastewater collection system. Non-significant industrial
users connected to or proposing to connect to the wastewater collection system may be required
to obtain a permit from the director as a condition to be connected to and to discharge into the
wastewater collection system, as determined by the director. An existing industrial user shall
obtain the permit within ninety days after receipt of notice from the director that the discharge
qualifies the user as either an industrial user or a significant industrial user or provide evidence
satisfactory to the director that the discharge does not bring the user within these definitions.
New industrial users shall obtain the permit required in this section prior to connecting and
discharging into the sewer collection system.
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The director may require other users to obtain industrial wastewater discharge permits as
necessary to carry out the purposes of this chapter.
Section 21-4-2. Industrial wastewater discharge permit applications.
Industrial users seeking a wastewater discharge permit shall complete an application in the
form prescribed by the County.
The applicant may be required to submit some or all of the following information:
(a) Applicant’s name, mailing address, and standard industrial classification number;
(b) Location address of property producing wastewater discharge, and name and telephone
number of person to contact about discharge;
(c) List of environmental control permits held by or for the applicant;
(d) Volume of wastewater to be discharged, including source, frequency, and duration, peak and
seasonal flows, and points of discharge to the wastewater collection system;
(e) Wastewater constituents and characteristics to be determined by an independent laboratory
approved by the County, including BOD, total suspended solids, pH, and any other
constituents and characteristics as directed by the director. Instantaneous, daily maximum,
and long-term average concentrations, or mass, where required, shall be reported. Sampling
shall be performed in accordance with procedures set out in this chapter. Sample(s) shall be
representative of daily operations;
(f) Names of raw materials and products that would be defined as incompatible pollutants if
they were to be discharged into the wastewater collection system. The director may request
additional information if the applicant identifies that incompatible pollutants may be
generated in the manufacturing process;
(g) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and
appurtenances by size, location, and elevation;
(h) A description of activities, facilities, and plant processes on the premises, including the
names of raw materials used in production and related processes and of byproducts;
(i) Chemical names and quantities of all materials stored or which are or could be discharged;
(j) Each product produced by type, amount, and rate of production;
(k) Number and types of employees and hours of work;
(l) Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a
pollutant neither present nor expected to be present in the discharge based on 40 CFR
403.12(e)(2).13. The location for monitoring all wastes covered by the permit; and
(m) Any other information as may be deemed by the director to be necessary to evaluate the
permit application.
Section 21-4-3. Permit issuance.
Wastewater discharge permits shall include such conditions as are deemed reasonably
necessary by the County to prevent pass through or interference pollutants, protect the quality of
the water body receiving the treatment plant(s) effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage to the POTW.
(a) Wastewater discharge permits are enforceable and contain, at a minimum, the following
conditions:
(1) Statement of permit duration (in no case more than five years), issuance date,
expiration date, and effective date;
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(2) Statement of non-transferability without, at a minimum, prior notification to the
County and provision of a copy of the existing control mechanism to the proposed
owner or operator;
(3) Effluent limits, including best management practices, based on applicable general
pretreatment standards in 40 CFR part 403, categorical pretreatment standards, local
limits, and state and local laws;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements,
including an identification of pollutants (or best management practice) to be
monitored, sampling location, sampling frequency, and sample type, based on
applicable general pretreatment standards in 40 CFR part 403, categorical pretreatment
standards, local limits, and state and local law;
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor
expected to be present in the discharge;
(6) Statement of applicable civil and criminal penalties for violation of pretreatment
requirements, and any applicable compliance schedule. Such schedules may not extend
the compliance date beyond applicable federal, state, or local law;
(7) Requirements to control slug discharge, if determined by the County to be necessary;
(8) Any grant of the monitoring waiver by the County must be included as a condition in
the user’s permit.
(b) Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities
and equipment, including flow measurement devices;
(7) A statement that compliance with the wastewater discharge permit does not relieve the
permittee of responsibility for compliance with all applicable federal and state
pretreatment standards, including those which become effective during the term of the
wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the County to ensure compliance with this
chapter, and state and federal laws, rules, and regulations.
Section 21-4-4. Application signatories and certifications.
(a) All wastewater discharge permit applications, user reports and certification statements must
be signed by an authorized representative of the user and contain the following certification
statement:
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“I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons directly responsible for gathering said information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.”
(b) The certification shall be signed by an authorized representative of the industrial user.
(c) If the designation of an authorized representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new written authorization
satisfying the requirements of this section shall be submitted to the County prior to or
together with any reports to be signed by an authorized representative.
(d) Annual certification for non-significant categorical industrial users—A facility determined
to be a non-significant categorical industrial user by the County pursuant to 40 CFR
403.3(v)(2) must annually submit the following certification statement signed in accordance
with the signatory requirements of an “authorized representative” as defined in this code.
This certification must accompany an alternative report required by the County:
“Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical pretreatment standards under 40 CFR _______, I certify
that, to the best of my knowledge and belief that during the period from _______, _______
to _______, _______ [months, days, year]:
(1) The facility described as _______ [facility name] met the definition of a non-
significant categorical industrial user as described in this chapter and 40 CFR
403.3(v)(2).
(2) The facility complied with all applicable pretreatment standards and requirements
during this reporting period; and
(3) The facility never discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
This compliance certification is based on the following information.
(e) Certification of Pollutants Not Present. Users that have an approved monitoring waiver must
certify on each report with the following statement that there has been no increase in the
pollutant in its waste stream due to activities of the user. [40 CFR 403.12(e)(2)(v)]
Based on my inquiry of the person or persons directly responsible for managing compliance
with the pretreatment standard for 40 CFR _______ [User shall list applicable categorical
pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there
has been no increase in the level of _______ [list pollutant(s)] in the wastewaters due to the
activities at the facility since filing of the last periodic report.
Section 21-4-5. Industrial wastewater discharge permit decisions.
The director will evaluate the data furnished by the user and may require additional
information. Within 30 days of receipt of a complete permit application, the director will
determine whether to issue an industrial wastewater discharge permit. The director may deny any
application for an industrial wastewater discharge permit.
Section 21-4-6. Industrial wastewater discharge permit duration.
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An industrial wastewater discharge permit shall be issued for a specified time period, not to
exceed five years from the effective date of the permit. An industrial wastewater discharge
permit may be issued for a period less than five years, at the discretion of the director. Each
industrial wastewater discharge permit will indicate a specific date upon which it will expire.
Section 21-4-7. Permit modification.
The director may modify a wastewater discharge permit for good cause, including, but not
limited to, the following:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(b) To address significant alterations or additions to the industrial user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the County’s POTW,
County’s personnel, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application, or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; or
(i) To address more stringent standards of pollution control or other more restrictive
requirements that are imposed on the County by federal or state law.
The filing of a request by the permittee for a wastewater discharge permit modification does
not stay any wastewater discharge permit condition. The owner shall be informed of any
proposed changes in the permit at least sixty days prior to the effective date of such change, and
any change or new compliance condition imposed upon the owner shall include provision for a
reasonable time schedule for the owner's compliance.
Section 21-4-8. Industrial wastewater discharge permit nontransferability.
Wastewater discharge permits are not transferable, either by operation of law or otherwise.
Wastewater discharge permits shall not be assigned, transferred, or sold. Changes of ownership,
size, or number of premises or operation shall require the owner to apply for a new wastewater
discharge permit.
Section 21-4-9. Industrial wastewater discharge permit revocation.
The director may revoke an industrial wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(a) Failure to notify the director of significant changes to the wastewater prior to the changed
discharge;
(b) Failure to provide prior notification to the director of changed conditions pursuant to section
21-5-6;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
(d) Falsifying self monitoring reports and certification statements;
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(e) Tampering with monitoring equipment;
(f) Refusing to allow the director timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges or any levied fees for noncompliance to any state, federal, or
local agency;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted
facility; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this chapter.
Industrial wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All industrial wastewater discharge permits issued to a user are
void upon the issuance of a new industrial wastewater discharge permit to that user.
Section 21-4-10. Industrial wastewater discharge permit reissuance.
An industrial user with an expiring industrial wastewater discharge permit shall apply for
industrial wastewater discharge permit reissuance by submitting a complete permit application,
in accordance with section 21-4-2, a minimum of 90 days prior to the expiration of the user’s
existing industrial wastewater discharge permit.
Section 21-4-11. Permit denial.
The County reserves the right to deny a wastewater discharge permit to an industrial user
proposing to discharge into or connect to the wastewater collection system if the permit
application or other evidence reveals that the proposed discharge may upset or damage the
wastewater collection system, or will cause a violation of federal or state discharge standards, or
will cause a public nuisance, and the applicant is unable or unwilling to bring the discharge into
acceptable norms. Additionally, an industrial user must notify the County prior to a significant
change in the user’s discharge and receive approval of this change before the change occurs, as
in cases of the industrial user applying for renewal of the permit.
The County has the authority under this chapter to deny or condition new or increased
contributions of pollutants to the POTW by industrial users where such contributions do not meet
applicable pretreatment requirements or where such contributions would cause a violation of the
County’s NPDES permit.
Article 5. Industrial User Reporting Requirements.
Section 21-5-1. Industrial user reporting requirements.
The director may set industrial user reporting requirements in the Department’s
administrative rules. The requirements may be for but not limited to the following reports:
(a) Baseline Monitoring
(b) Compliance schedule progress
(c) Compliance with categorical pretreatment standard deadlines
(d) Periodic Compliance
(e) Changed Conditions
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(f) Reports of Potential Problems
(g) Reports from unpermitted users
(h) Notice of Violation/repeat sampling and reporting
(i) Notification of the discharge of hazardous wastes
Written reports will be deemed to have been submitted on the date postmarked. For reports
which are not mailed, the date of receipt of the report shall govern.
Section 21-5-2. Baseline monitoring reports.
(a) Within 180 days after the effective date of a categorical pretreatment standard, or one
hundred eighty days after the final administrative decision made upon a category
determination submission under 40 CFR 403.6(a)(4), whichever is later, existing categorical
industrial users currently discharging to or scheduled to discharge to the POTW shall be
required to submit to the County a baseline monitoring report which contains the
information listed in 40 CFR 403.12(b)(1)—(7). Where reports containing this information
already have been submitted, the industrial user will not be required to submit this
information again.
(b) At least 90 days prior to commencement of discharge, new sources, and sources that become
categorical industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall be required to submit to the County a baseline monitoring report
which contains the information listed in 40 CFR 403.12(b)(1)—(5). New sources shall also
be required to include in this report information on the method of pretreatment the source
intends to use to meet applicable categorical pretreatment requirements. New sources shall
give estimates of the information requested in paragraphs (4) and (5) of this subsection.
(1) Identifying information. The user shall submit the name and address of the facility
including the name of the operator and owners;
(2) Permits. The user shall submit a list of any environmental control permits held by or
for the facility;
(3) Description of operations. The user shall submit a brief description of the nature,
average rate of production, and standard industrial classification of the operation(s)
carried out by such industrial user. This description should include a schematic process
diagram which indicates points of discharge to the POTW from the regulated
processes.
(4) Flow measurement. The user shall submit information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from each of the
following:
(A) Regulated process streams; and
(B) Other streams as necessary to allow use of the combined waste stream formula of
40 CFR 403.6(e). (See paragraph (b)(5)(D) of this section.)
The control authority may allow for verifiable estimates of these flows where justified
by cost or feasibility considerations.
(5) Measurement of pollutants.
(A) The user shall identify the pretreatment standards applicable to each regulated
process;
(B) In addition, the user shall submit the results of sampling and analysis identifying
the nature and concentration (or mass, where required by the standard or control
authority) of regulated pollutants in the discharge from each regulated process.
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Both daily maximum and average concentration (or mass, where required) shall
be reported. The sample shall be representative of daily operations. In cases where
the standard requires compliance with a best management practice or pollution
prevention alternative, the industrial user shall submit documentation as required
by the control authority or the applicable standards to determine compliance with
the standard;
(C) The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph;
(D) Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated wastewater
prior to pretreatment the user should measure the flows and concentrations
necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e)
in order to evaluate compliance with the pretreatment standards. Where an
alternate concentration or mass limit has been calculated in accordance with 40
CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to
the County;
(E) Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136
does not contain sampling or analytical techniques for the pollutant in question, or
where the director determines that the part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be
performed by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the County or other
parties, approved by the director;
(F) The County may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures;
(G) The baseline report shall indicate the time, date and place, of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
POTW;
(6) Certification. A statement, reviewed by an authorized representative of the industrial
user (as defined in section 21-4-4) and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance and/or additional pretreatment is required for the
industrial user to meet the pretreatment standards and requirements; and
(7) Compliance schedule. If additional pretreatment and/or operation and maintenance will
be required to meet the pretreatment standards; the shortest schedule by which the
industrial user will provide such additional pretreatment and/or operation and
maintenance. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard.
(A) Where the industrial user’s categorical pretreatment standard has been modified
by a removal allowance (40 CFR 403.7), the combined wastestream formula (40
CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13)
at the time the user submits the report required by paragraph (b) of this section,
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the information required by paragraphs (b)(6) and (7) of this section shall pertain
to the modified limits.
(B) If the categorical pretreatment standard is modified by a removal allowance, the
combined wastestream formula, and/or a fundamentally different factors variance
after the user submits the report required by paragraph (b) of this section, any
necessary amendments to the information requested by paragraphs (b)(6) and (7)
of this section shall be submitted by the user to the County within sixty days after
the modified limit is approved.
Section 21-5-3. Compliance schedule progress reports.
The County may require:
(a) The development of a compliance schedule by each industrial user for the installation of
technology required to meet applicable categorical pretreatment standards; and
(b) The submission of all notices and self-monitoring reports from industrial users as are
necessary to assess and assure compliance by industrial users with categorical pretreatment
standards, including but not limited to the reports required in 40 CFR.
(1) The following conditions shall apply to the compliance schedule required by 40 CFR
403.12(b)(7). The schedule shall contain increments of progress in the form of dates
for the commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the industrial user to meet the
applicable categorical pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major components,
commencing construction, etc.)
(2) No increment referred to in subsection (1) above shall exceed nine months.
(3) Not later than fourteen days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to the County, including
at a minimum whether or not the industrial user complied with the increment of
progress to be met on such date and, if not, the date on which the industrial user
expects to comply with this increment of progress, the reason for delay, and the steps
being taken by the industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress reports to the
County.
Section 21-5-4. Reports on compliance with categorical pretreatment standard
deadline.
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to the director a report containing the information described in
sections 21-4-2. For users subject to equivalent mass or concentration limits established in
accordance with the procedures in section 21-3-2, this report shall contain a reasonable measure
of the user’s long-term production rate. For all other users subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per unit of production (or other
measure of operation), this report shall include the user’s actual production during the
appropriate sampling period. All compliance reports must be signed and certified in accordance
with section 21-4-4. All sampling will be done in conformance with section 21-2-11.
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Section 21-5-5. Periodic compliance reports.
(a) All significant industrial users, except as specified in section 21-5-5(d) or (e) (below), shall
submit at a frequency determined by the County no less than twice per year (during the
months of June and December or other dates specified) reports indicating the nature and
concentration of pollutants in the discharge which are limited by pretreatment standards. In
addition, this report shall include a record of measured or estimated average and maximum
daily flows for the reporting period.
(b) In cases where the pretreatment standard requires compliance with a best management
practice (BMP) or pollution prevention alternative, the user must submit documentation
required by the County or the pretreatment standard necessary to determine the compliance
status of the user.
(c) The County may authorize a categorical industrial user to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial user has demonstrated
through sampling and other technical factors that the pollutant is neither present nor
expected to be present in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities of the industrial user per 40
CFR 403.12(e)(2). This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due
to sanitary wastewater discharged from the facility provided that the sanitary
wastewater is not regulated by an applicable categorical standard and otherwise
includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the
individual wastewater discharge permit, but in no case longer than five years. The user
must submit a new request for the waiver before the waiver can be granted for each
subsequent individual wastewater discharge permit.
(3) In making a demonstration that a pollutant is not present, the industrial user must
provide data from at least one sampling of the facility's process wastewater prior to any
treatment present at the facility that is representative of all wastewater from all
processes.
(4) The request for a monitoring waiver must be signed and include the certification
statement in accordance with section 21-4-4.
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is
not present if the EPA approved method from 40 CFR Part 136 with the lowest
minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the County must be included as a condition in
the user’s permit. The reasons supporting the waiver and any information submitted by
the user in its request for the waiver must be maintained by the County for three years
after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the user’s permit by the
County, the industrial user must certify on each report with the statement in section 21-
4-4, that there has been no increase in the pollutant in its wastestream due to activities
of the industrial user.
(8) In the event that a waived pollutant is found to be present or is expected to be present
because of changes that occur in the user’s operations, the user must immediately
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comply with the monitoring requirements imposed by the County, and notify the
County.
(9) This provision does not supersede certification processes and requirements established
in categorical pretreatment standards, except as otherwise specified in the categorical
pretreatment standard.
(d) The County may reduce the requirement for periodic compliance reports for categorical
industrial users 40 CFR 403.12(e)(1) to no less frequently than once a year, unless required
more frequently in the pretreatment standard or by the EPA/state.
Reduced reporting is not available to industrial users that have in the last two years been in
significant noncompliance, as defined in this chapter. In addition, reduced reporting is not
available to an industrial user with daily flow rates, production levels, or pollutant levels
that vary so significantly that, in the opinion of the County, decreasing the reporting
requirement for this industrial user would result in data that are not representative of
conditions occurring during the reporting period.
(e) The County may reduce the periodic compliance reports where the categorical industrial
user's total categorical wastewater flow does not exceed any of the following:
(1) Five thousand gallons per day, or 0.01 percent of the POTW’s design dry-weather
hydraulic capacity, whichever is smaller, as measured by a continuous effluent flow
monitoring device (unless the industrial user discharges in batches); or
(2) 0.01 percent of the POTW’s design dry-weather organic treatment capacity; or
(3) 0.01 percent of the POTW’s maximum allowable headworks loading for any pollutant
regulated by the applicable categorical pretreatment standard for which approved local
limits were developed. [Note: For example, if the POTW’s maximum allowable
headworks loading for copper is five pounds, then 0.01 percent would be 0.0005
pounds; the POTW would need to do this calculation for each pollutant for which it has
approved local limits.]
(f) Sampling and analysis may be performed by the County in lieu of the significant industrial
user. Where the County itself collects all the information required for the report, the
significant industrial user will not be required to submit the report.
(g) All periodic compliance reports must be signed and certified in accordance with this
chapter, section 21-5-5.
(h) All wastewater samples must be representative of the user’s discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
(i) If a user subject to the reporting requirement in this section monitors any regulated pollutant
at the appropriate sampling location more frequently than required by the County, the results
of this monitoring shall be included in the report.
(j) Users that send electronic (digital) documents to the County to satisfy the requirements of
this section must include the certification statement in this ordinance, section 21-4-4.
(k) Where the County has imposed mass limitations on categorical industrial users as provided
for by 40 CFR 403.6(c), the report required shall indicate the mass of pollutants regulated by
categorical pretreatment standards in the discharge from the industrial user.
(l) For categorical industrial users subject to equivalent mass or concentration limits established
by the County in accordance with the procedures in 40 CFR 403.6(c), the report required,
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shall contain a reasonable measure of the industrial user’s long-term production rate. For all
other industrial users subject to categorical pretreatment standards expressed only in terms
of allowable pollutant discharge per unit of production (or other measure of operation), the
report required, shall include the industrial user’s actual average production rate for the
reporting period.
Section 21-5-6. Reports of changed conditions.
Each user must notify the director of any significant changes to the user’s operations or
system which might alter the nature, quality, or volume of its wastewater at least 30 days before
the change.
(a) The director may require the user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of a wastewater discharge
permit application in compliance with section 21-4-2.
(b) The director may issue an industrial wastewater discharge permit or modify an existing
wastewater discharge permit under section 21-4-7 in response to changed conditions or
anticipated changed conditions.
Section 21-5-7. Reports of potential problems.
(a) In the case of any discharge that might cause potential problems for the POTW, the user
shall immediately contact and notify the director of the incident. Such discharges include
but are not limited to: accidental discharges, discharges of a nonroutine, episodic nature, a
noncustomary batch discharge, a slug discharge or slug load. This notification shall include
the location of the discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
(b) Within five (5) days following such discharge, unless waived by the director, the user shall
submit a detailed written report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage, or other liability which might be incurred as a result
of damage to the POTW, natural resources, or any other damage to person or property; nor
shall such notification relieve the user of any fines, penalties, or other liability which may be
imposed pursuant to this chapter.
(c) A notice shall be permanently posted on the user’s bulletin board or other prominent place
advising employees who to call in the event of a discharge described in paragraph (a),
above. Employers shall ensure that all employees who could cause such a discharge to
occur, are advised of the emergency notification procedure.
(d) Significant Industrial Users are required to notify the director immediately of any changes at
its facility affecting the potential for a slug discharge.
Section 21-5-8. Reports from unpermitted users.
All industrial users not subject to categorical pretreatment standards and not required to
obtain a wastewater discharge permit shall provide appropriate reports to the POTW as the
director may require.
Section 21-5-9. Notice of violation/repeat sampling and reporting.
If sampling performed by a User indicates a violation, the User must notify the director
within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the
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sampling within 7 days, and submit the results of the repeat analysis to the director within thirty
(30) days after becoming aware of the violation. Resampling by the Industrial User is not
required if the County performs sampling at the user’s facility at least once a month, or if the
County performs sampling at the user between the time when the initial sampling was conducted
and the time when the user or the County receives the results of this sampling, or if the County
has performed the sampling and analysis in lieu of the Industrial User.
Section 21-5-10. Notification of the discharge of hazardous wastes.
Discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261, is prohibited unless specifically permitted by the
director.
(a) Any User who commences the discharge of hazardous waste shall notify the POTW, the
EPA Regional Waste Management Division Director, and state Department of Health, in
writing, of any discharge into the POTW of a substance which, if otherwise disposed of,
would be a hazardous waste under 40 CFR Part 261. Such notification must include the
name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste
number, and the type of discharge (continuous, batch, or other). If the User discharges more
than one hundred (100) kilograms of such waste per calendar month to the POTW, the
notification also shall contain the following information to the extent such information is
known and readily available to the User: an identification of the hazardous constituents
contained in the wastes, an estimation of the mass and concentration of such constituents in
the wastestream discharged during that calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged during the following twelve (12)
months. All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph needs to be submitted
only once for each hazardous waste discharged. However, notifications of changed
conditions must be submitted under section 21-5-6. The notification requirement in this
section does not apply to pollutants already reported by Users subject to categorical
pretreatment standards under the self-monitoring requirements of sections 21-5-2, 21-5-4,
and 21-5-5.
(b) Dischargers are exempt from the requirements of paragraph (a), above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which
the User discharges more than such quantities of any hazardous waste do not require
additional notification.
(c) In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste,
the User must notify the director, the EPA Regional Waste Management Waste Division
Director, and State hazardous waste authorities of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
(d) In the case of any notification made under this section, the User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
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(e) This provision does not create a right to discharge any substance not otherwise permitted to
be discharged by this chapter, a permit issued thereunder, or any applicable federal or state
law.
Section 21-5-11. Recordkeeping.
Users subject to the reporting requirements established in this section shall retain, and make
available for inspection and copying, all records of information obtained pursuant to monitoring
activities required by this chapter, any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements, and
documentation associated with best management practices. If an industrial user monitors any
regulated pollutant at the appropriate sampling location more frequently than required by the
County, using test procedures prescribed in 40 CFR, Part 136, or amendments thereto, or
otherwise approved by EPA or as specified in a permit, the results of such monitoring shall also
be submitted to the County within seven days of receipt of the laboratory report. Records shall
include the date, exact sampling location, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such analyses. The records shall
remain available for a period of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or County, or where the user has been
specifically notified of a longer retention period by County.
Section 21-5-12. Publication of users in significant noncompliance.
The director shall publish annually, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the users which,
at any time during the previous twelve months, were in Significant Noncompliance with
applicable Pretreatment Standards and Requirements. The director may establish rules,
requirements, and procedures for this section in the Department’s administrative rules.
Article 6. Compliance Monitoring.
Section 21-6-1. Right of entry: inspection and sampling.
The director shall have the right to enter the premises of any user to determine whether the
user is complying with all requirements of this chapter and any industrial wastewater discharge
permit or any order issued under this Chapter. Users shall allow the director ready access to all
parts of the premises for the purposes of inspection, sampling, records examination and copying,
and the performance of any additional duties.
(a) Where a User has security measures in force which require proper identification and
clearance before entry into its premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the director shall be
permitted to enter without delay for the purposes of performing specific responsibilities.
(b) The director shall have the right to set up on the user’s property, or require installation of,
such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(c) The director may require the user to install monitoring equipment as necessary. The
facility’s sampling and monitoring equipment shall be always maintained in a safe and
proper operating condition by the user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated at least annually to ensure their accuracy.
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(d) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or verbal
request of the director and shall not be replaced. The costs of clearing such access shall be
borne by the user.
(e) Unreasonable delays in allowing the director access to the user’s premises shall be a
violation of this chapter.
(f) The department may access and utilize existing sewer lateral cleanouts for the purpose of
inspecting, maintaining, or cleaning blockages in the public and in private sewer systems
without notice.
Section 21-6-2. Search warrants.
If the director has been refused access to a parcel, premises, building, structure, or any part
thereof, and has cause to believe that there may be a violation of this chapter, or that there is a
need to inspect and/or sample as part of a routine inspection and sampling program of the County
designed to verify compliance with this chapter or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, the director may seek
issuance of a search warrant from a court of jurisdiction.
Section 21-6-3. Confidential information.
All information and data obtained from reports, questionnaires, permit applications,
monitoring programs, and inspections shall be available to the public or other governmental
agencies without restriction, unless the owner specifically requests that such information be
maintained in confidence and demonstrates to the reasonable satisfaction of the County that the
release of such information would divulge information in connection with processes or methods
of the operations of the permit holder which would be detrimental to the permit holder’s
competitive position. Wastewater constituents and characteristics will in no event be treated as
confidential information. The information accepted as confidential by the County will not be
released to the public or to any other government agency except as a product of court order, and
then only after notice to the permit holder. Under section 308 of the Clean Water Act, the EPA
has access to all information collected by the County under its pretreatment program.
Article 7. Administrative Enforcement Remedies.
Section 21-7-1. Notification of violation.
When the director finds that a user has violated, or continues to violate, any provision of
this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the director may serve upon said user a written notice of
violation as prescribed in 21-1-2(c). The director may establish rules, requirements, and
procedures for this section in the department’s administrative rules.
Within seven days of the receipt of this notice, the user shall submit an explanation of the
violation and a plan for the satisfactory correction and prevention of future occurrences. The plan
shall include specific required corrective actions and schedule of such corrective actions. The
director shall accept or respond to the compliance plan within thirty days of receipt of the
schedule. Any plan not acted upon after thirty days of receipt by the director shall be deemed
accepted by the director.
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Submission of such a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing in this section shall limit the
authority of the director to take any action, including emergency actions or any other
enforcement action, without first providing notice of violation.
Section 21-7-2. Consent orders.
The director may enter into consent orders, assurances of compliance, or other similar
documents establishing an agreement with any user responsible for noncompliance. Such
documents shall include specific action to be taken by the user to correct the noncompliance
within a time period specified by the document. Such documents shall have the same force and
effect as the administrative orders issued pursuant to sections 21-7-4 and 21-7-5 and shall be
considered judicially enforceable.
Section 21-7-3. Show cause hearing.
The director may order a user that has violated, or continues to violate, any provision of this
chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the director and show cause why
enforcement action should not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons for such action, and a
request that the user show cause why the proposed enforcement action should not be taken. The
notice of the meeting shall be served personally or by registered or certified mail (return receipt
requested) at least seven days prior to the hearing. Such notice may be served on any Authorized
Representative of the user as defined in section 21-1-4 and required by section 21-4-4. Whether
or not the user appears as ordered, immediate enforcement action may be pursued following the
hearing date. A show cause hearing shall not be a bar against, or prerequisite for, taking any
other action against the user.
Section 21-7-4. Compliance orders.
When the director finds that a user has violated, or continues to violate, any provision of
this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the director may issue an order to the user responsible for
the discharge directing that the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances are installed and
properly operated. Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not extend
the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a
compliance order relieve the user of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
Section 21-7-5. Cease and desist orders.
When the director finds that a user has violated, or continues to violate, any provision of
this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or that the user’s past violations are likely to recur, the
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director may issue an order to the user directing it to cease and desist all such violations and
directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the
discharge. Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
Section 21-7-6. Order execution and appeal.
(a) Any order issued pursuant to this section shall state with reasonable specificity the nature of
the violation. Any administrative penalties assessed in the order shall be in accordance with
section applicable County and state law.
(b) Any order issued under this chapter shall become final, unless not later than twenty days
after the notice of order is served, the person or persons named therein request in writing a
hearing before the director.
(c) Any penalty imposed under this chapter shall become due and payable twenty days after the
notice of penalty is served unless the person or persons named therein requests in writing a
hearing before the director. Whenever a hearing is requested on any penalty imposed under
this chapter, the penalty shall become due and payable only upon completion of all review
proceedings and the issuance of a final order confirming the penalty in whole or in part.
Upon request for a hearing, the director shall require that the alleged violator or violators
appear before the commission for a hearing at a time and place specified in the notice and
answer the charges complained of.
(d) Any hearing conducted under this section shall be conducted as a contested case under
Hawaiʻi Revised Statute Chapter 91. If after a hearing held pursuant to this section, the
commission finds that a violation or violations have occurred, the commission shall affirm
or modify any penalties imposed or shall modify or affirm the order previously issued or
issue an appropriate order or orders for the prevention, abatement, or control of the violation
or disposals involved, or for the taking of such other corrective action as may be
appropriate. If, after a hearing on an order or penalty contained in a notice, the commission
finds that no violation has occurred or is occurring, the commission shall rescind the order
or penalty. Any order issued after hearing may prescribe the date or dates by which the
violation or violations shall cease and may prescribe timetables for necessary action in
preventing, abating, or controlling the violation or disposals.
(e) If the amount of any penalty is not paid to the department within thirty days after it becomes
due and payable, the director may institute a civil action in the name of the County to collect
the administrative penalty which shall be a government realization. In any proceeding to
collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired without a
request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid.
(f) In connection with any hearing held pursuant to this section, the director or commission
shall have the power to subpoena the attendance of witnesses and the production of evidence
on behalf of all parties.
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Section 21-7-7. Penalties.
(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any
condition of a permit or variance issued pursuant to this chapter shall be fined not more than
$1,000 for each separate offense, not to exceed $24,000 per day. Each day of each violation
shall constitute a separate offense. Any action taken in court to impose or collect the penalty
provided for in this subsection shall be considered a civil action.
(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly
authorized officer or employee of the department of any building, place, or vehicle that the
officer or employee is authorized to enter and inspect shall be fined not more than $2,000
for each day of denial, obstruction, or hampering. Any action taken in court to impose or
collect the penalty provided for in this subsection shall be considered a civil action.
Section 21-7-8. Administrative penalties.
(a) When the director finds that a user has violated, or continues to violate, any provision of this
chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, and in addition to any other judicial or administrative
remedy provided by this chapter, the director may impose by order the penalties specified in
section 21-7-7. Such fines shall be assessed on a per-violation, per-day basis. In the case of
monthly or other long-term average discharge limits, fines shall be assessed for each day
during the period of violation.
(b) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed as an
additional penalty of 5.0 percent of the unpaid balance, and monthly compounding interest
shall accrue thereafter at a rate of 2.5 percent per month. The director may seek a lien
against the user’s property for unpaid charges, fines, accrued interest, administrative costs,
and penalties.
(c) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any
other action against the user.
Section 21-7-9. Emergency suspensions.
The director may immediately suspend a user’s discharge, after notice to the user, whenever
such suspension is necessary to stop an actual or threatened discharge, which reasonably appears
to present, or cause an imminent or substantial endangerment to the health or welfare of persons.
The director may also immediately suspend a user’s discharge, after notice to the user, that
threatens to cause interference or bypass of the POTW, or which in the opinion of the director
presents or may present an endangerment to the environment.
(a) Any user ordered by the director to suspend its discharge shall immediately stop or
eliminate its discharge. In the event of a user’s failure to immediately comply voluntarily
with the suspension order, the director may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the POTW,
its receiving stream, or endangerment to any individuals. The director may allow the user to
recommence its discharge when the user has demonstrated to the satisfaction of the director
that the period of endangerment has passed unless the termination proceedings in section 21-
7-10 of this chapter are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
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contribution and the measures taken to prevent any future occurrence, to the director prior to
the date of any show cause or termination hearing under sections 21-7-3 or 21-7-10.
Nothing in this article shall be interpreted as requiring a hearing prior to any emergency
suspension under this article.
Section 21-7-10. Termination of discharge.
In addition to the provisions in section 21-4-9, any user who violates the following
conditions is subject to discharge termination:
(a) Violation of industrial wastewater discharge permit conditions;
(a) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(b) Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(c) Refusal of reasonable access to the user’s premises for the purpose of inspection,
monitoring, or sampling; or
(d) Violations of the provisions in Article 2 of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under section 21-7-3 as to why the proposed action should not be
taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any
other action against the user.
Article 8. Judicial Enforcement Remedies.
Section 21-8-1. Civil penalties.
(a) Any user who has violated, or continues to violate, any provision of this chapter, an
industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the County for a maximum civil penalty of $1,000
per violation, per day. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
(b) The director may recover reasonable attorneys’ fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the
cost of any actual damages incurred by the County.
(c) In determining the amount of civil liability, the Court shall consider all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained through the user’s
violation, corrective actions by the user, the compliance history of the user, and any other
factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a user.
Section 21-8-2. Injunctive relief.
Whenever a user has violated a pretreatment standard or requirement or continues to violate
the rules of this chapter, wastewater discharge permits or orders issued under this section, or any
other pretreatment requirement, the County may petition a competent circuit court within the
State of Hawai‘i, or the United States District Court, State of Hawai‘i, through the County’s
attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit, order, or other
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requirement imposed by this chapter on activities of the industrial user. Such other action as
appropriate for legal or equitable relief, or both, may also be sought by the County. A petition for
injunctive relief need not be filed as a prerequisite to taking any other action against a user.
Section 21-8-3. Criminal prosecution.
(a) Negligent Violations
(1) A user who willfully or negligently violates this chapter or any rule adopted by the
department pursuant to this chapter, or any condition in a permit issued under this
chapter or any requirement imposed in a pretreatment program under this chapter, shall
be subject to the provisions of section 342D-32, Hawai‘i Revised Statutes.
(2) A user who negligently introduces into a sewerage system or into a publicly owned
treatment works any water pollutant or hazardous substance which such person knew
or reasonably should have known could cause personal injury or property damage or,
other than in compliance with all applicable federal, state, or local requirements or
permits, which causes such treatment works to violate any effluent limitation or
condition in any permit issued to the treatment works under this chapter, shall be
subject to the provisions of section 342D-32, Hawai‘i Revised Statutes.
(b) Knowing Violations
(1) A user who knowingly violates this chapter or any rule adopted by the department
pursuant to this chapter, or any condition in a permit issued under this chapter or any
requirement imposed in a pretreatment program, shall be subject to the provisions of
section 342D-33, Hawai‘i Revised Statutes.
(2) A user who knowingly introduces into a sewerage system or into a publicly owned
treatment works any water pollutant or hazardous substance which such person knew
or reasonably should have known could cause personal injury or property damage or,
other than in compliance with all applicable federal, state, or local requirements or
permits, which causes such treatment works to violate any effluent limitation or
condition in a permit issued to the treatment works under this chapter, shall be subject
to the provisions of section 342D-33, Hawai‘i Revised Statutes.
(c) Knowing Endangerment
(1) Any user who knowingly violates this chapter or any rule adopted by the department
pursuant to this chapter, or any condition in a permit issued under this chapter, and
who knows at that time that the violation places another person in imminent danger of
death or serious bodily injury, shall be subject to the provisions of section 342D-34,
Hawai‘i Revised Statutes.
(d) False Statements
(1) Any person who knowingly makes any false material statement, representation, or
certification in any application, record, report, plan or other document filed or required
to be maintained under this chapter or who knowingly falsifies, tampers with, or
renders inaccurate any monitoring device or method required to be maintained under
this chapter, shall be subject to the provisions of section 342D-35, Hawai‘i Revised
Statutes.
Section 21-8-4. Remedies nonexclusive.
The remedies provided for in this chapter are not exclusive. The director may take any,
all, or any combination of these actions against a noncompliant user. Enforcement of
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pretreatment violations will generally be in accordance with the County’s enforcement response
plan. However, the director may take other action against any user when the circumstances
warrant. Further, the director is empowered to take more than one enforcement action against
any noncompliant user.
Section 21-8-5. Liability for other penalties.
In the event that any violation of this chapter causes the County to become liable for civil
or criminal fines or penalties imposed by the federal or state government for improper
wastewater discharge, the owner of the premises responsible for such discharge shall indemnify
and hold harmless the County, its officers, officials, employees, agents, and volunteers, from any
such penalty imposed, including reasonable attorney's fees for the necessary defense of any
action or proceeding brought to impose such fine or penalties, and in addition shall pay an
administrative penalty or penalty which may be imposed. The provisions of this section shall be
in addition to any other fine or penalty imposed by this chapter. The owner of any premises
failing to so indemnify the County shall have service terminated.
Article 9. Supplemental Enforcement Actions.
Section 21-9-1. Fees for late reports.
Fees shall be assessed to any user for each day that a report required by this chapter, a
permit, or order issued under this chapter is late. Actions taken by the director to collect late
reporting fines shall not limit the director’s authority to initiate other enforcement actions that
may include penalties for late reporting violations. The director may establish rules,
requirements, and procedures for this section in the Department’s administrative rules.
Section 21-9-2. Fees for reinspection.
Fees shall be assessed to any user for any reinspection of any deficiency noted on previous
inspection. Actions taken by the director to collect reinspection fees shall not limit the director’s
authority to initiate other enforcement actions that may include penalties for any other deficiency
identified. The director may establish rules, requirements, and procedures for this section in the
Department’s administrative rules.
Section 21-9-3. Performance bonds.
The director may decline to issue or reissue an industrial wastewater discharge permit to
any user who has failed to comply with any provision of this chapter, a previous industrial
wastewater discharge permit, or order issued under this chapter, or any other pretreatment
standard or requirement, unless such user first files a satisfactory bond, payable to the County, in
a sum not to exceed a value determined by the director to be necessary to achieve consistent
compliance. The director may establish rules, requirements, and procedures for this section in the
Department’s administrative rules.
Section 21-9-4. Liability insurance.
The director may decline to issue or reissue an industrial wastewater discharge to any
user who has failed to comply with any provision of this chapter, a previous industrial
wastewater discharge permit, or order issued under this chapter, or any other pretreatment
standard or requirement, unless the user first submits proof that it has obtained financial
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assurances sufficient to restore or repair damage to the POTW caused by its discharge. The
director may establish rules, requirements, and procedures for this section in the Department’s
administrative rules.
Section 21-9-5. Payment of outstanding fees and penalties.
The director may decline to issue or reissue an industrial wastewater discharge permit to
any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any
provision of this chapter, a previous industrial wastewater discharge permit, or order issued
under this chapter. The director may establish rules, requirements, and procedures for this section
in the Department’s administrative rules.
Section 21-9-6. Public nuisances.
A violation of any provision of this chapter, an industrial wastewater discharge permit, or
order issued hereunder, or any other pretreatment standard or requirement is hereby declared a
public nuisance pursuant to section 46-17 of Hawai‘i Revised Statutes and shall be corrected or
abated as directed by the director. Any person(s) creating a public nuisance shall be subject to
the provisions of the County code governing such nuisances, including reimbursing the County
for any costs incurred in removing, abating, or remedying said nuisance. The director may
establish rules, requirements, and procedures for this section in the Department’s administrative
rules.
Article 10. Affirmative Defenses to Discharge Violations.
Section 21-10-1. Affirmative offence.
An industrial user shall have an affirmative defense to an enforcement action brought
against the user for noncompliance with the general and specific prohibitions in this chapter, if
the user can prove that the user did not know or have reason to know that his discharge, alone or
in conjunction with discharges from other sources, would cause pass through or interference and
that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents
from the user’s prior discharge when the County was regularly in compliance with its
NPDES permit, and in the case of interference, was in compliance with applicable sludge
use or disposal requirements.
Section 21-10-2. Upset.
(a) For the purposes of this section, upset means an exceptional incident in which there is
unintentional and temporary noncompliance with pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense of an action brought for noncompliance
with pretreatment standards if the requirements of paragraph (c), below, are met.
(c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
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(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and
in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information orally to the director within
twenty-four hours of becoming aware of the upset. A written submission must be
provided within five days:
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance, including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
(C) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof.
(e) Users shall have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with categorical pretreatment standards.
(f) Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
Section 21-10-3. Bypass.
(a) For the purposes of this section,
(1) Bypass means the intentional diversion of waste streams from any portion of a user’s
treatment facility.
(2) Severe property damage means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to ensure efficient
operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this
section.
(c) Bypass Notifications
(1) If a user knows in advance of the need for a bypass, the user shall submit prior notice
to the director, at least ten days before the date of the bypass.
(2) A user shall submit oral notice to the director of an unanticipated bypass that exceeds
applicable Pretreatment Standards within twenty-four hours from the time the user
becomes aware of the bypass. The user also shall submit a written notice within five
days of the time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The director may waive the written report on a
case-by-case basis if the oral report has been received within twenty-four (24) hours.
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(d) Bypass
(1) Bypass is prohibited, and the director may take an enforcement action against a user
for a bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
back-up equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(C) The user submitted notices as required under paragraph (c) of this section.
(2) The director may approve an anticipated bypass, after considering its adverse effects, if
the director determines that it will meet the three conditions listed in paragraph (d)(1)
of this section.
Article 11. Sewer Charges.
Section 21-11-1. Sewer charges for residential customers.
The director may assess sewer service charges for residential customers on all parcels
within a service area as designated by the director or accessible to a public sewer or public gang
cesspools whether connected or not. Sewer service charges for residential customers, which
include service for single-family dwellings, duplexes, housing projects, condominiums,
townhouses, apartments, and dormitories, shall be according to the schedule shown under section
21-11-11. User charges for unoccupied units will be the current monthly sewer service charge.
Section 21-11-2. Sewer charges for nonresidential customers.
The director may assess sewer service charges for nonresidential customers, including
those connected to gang cesspools, on parcels accessible to a public sewer or within a service
area designated by the director whether connected or not. Sewer use charges for nonresidential
customers, which include industrial, commercial, agricultural, governmental, and miscellaneous
services users, hotels, and service stations shall be based on water meter readings. Water volume
usage fees shall be assessed according to the schedule shown under section 21-11-11.
Additional charges shall be assessed for wastes of unusual strength or character, water or
wastes over the normal volume for the POTW and for industrial wastes under the pretreatment
and FOG Control programs.
Section 21-11-3. Charges for discharging hauled wastewater into the POTW.
(a) Haulers with valid permits may discharge hauled wastewater, or any other waste not
prohibited under this Chapter, into the POTW at the location and times specified by the
director.
(b) A minimum charge according to the schedule shown under section 21-11-11 shall be made
for discharging hauled wastewater into the POTW. The hauler shall be responsible for
notifying the receiving facility personnel of the type and origin of hauled wastewater and of
the discharge schedule. The director may require haulers or the industrial user generating the
septage waste to pretreat the hauled wastewater prior to discharging into the POTW.
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Section 21-11-4. Sewer service charges.
Each parcel that is accessible to a public sewer shall pay a monthly sewer service charge
that consists of a flat rate for residential zoned sewer services or within a service area designated
by the director. This flat rate may be reviewed and adjusted annually. A separate flat rate
schedule can be used if it is determined the property’s use is a short-term rental or a multi-room
facility with greater than 4 bedrooms and/or more than one dwelling within a residentially zoned
area.
Section 21-11-5. Sewer use charges based on water use.
The director may establish a use charge for sewered properties (residential and/or
nonresidential) utilizing public or private water systems. The rates may be based upon the
amount of water consumed and drawn through the water meters of the private system, or in the
absence of meters, based upon a reasonable estimate of the water consumption with due
consideration to the type and nature of the premises. The use rate may be reviewed and adjusted
annually.
Section 21-11-6. Rates based on ad valorem taxes.
Residential and nonresidential customers will be assessed a sewer charge based on the ad
valorem charge system for any additional expenses not covered by the flat rate and/or flow rate
system.
Section 21-11-7. Infiltration and inflow expenses.
The director may distribute operational, maintenance and replacement expenses to address
significant sources of infiltration and inflow into sewer charges and fees in accordance with the
administrative rules.
Section 21-11-8. Charges upon connection and disconnection from sewer.
(a) For any lot, building, dwelling unit or premises for which connection is made with the
sanitary sewer systems, a sewer service charge shall be made pursuant to this chapter
starting from the first day of the month following the date of the connection.
(b) For any parcel that is accessible to a sewer or within a service area designated by the
director but is not connected to the sanitary sewer system, a sewer service charge shall be
made pursuant to this chapter starting 180 days after the Department provides notice in
accordance with section 21-13-2.
(c) Where a property has been disconnected from the sewer and passed inspection by the
wastewater division, the sewer use charges for the month within which such discontinuance
of sewer service takes place shall be for the full month based on the regular monthly charge
to such lot, parcel of land, building, dwelling unit or premises. Sewer service charges will
still apply.
(d) The director may assess sewer connection fees for any new connections in accordance with
the administrative rules and any fee schedules adopted by the County.
Section 21-11-9. Sewer fund designated; disposition of funds.
(a) The funds received from the collection of the sewer service charges, connection fees, permit
fees, or any other fee authorized by this chapter shall be deposited daily with the director of
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finance, and shall be accounted for and be known as the “County sewer fund” and shall be
expended for the purpose authorized.
(b) The County shall have the authority to create an enterprise fund.
(c) The department shall maintain a financial management system that will accurately account
for revenues generated by the system and expenditures for operation and maintenance
(including replacement) of the POTW.
Section 21-11-10. Miscellaneous requirements.
(a) The user fees and charges attributed to any wastewater treatment facility shall be reviewed
and evaluated annually and revised if necessary on the basis of actual operation and
maintenance costs.
(b) The user charge system shall take precedence over any terms or conditions or agreements or
contracts which are inconsistent with the requirements of section 204(b)(1)(A) of the Clean
Water Act and 40 CFR 35.2140.
(c) Every user of the public sewer system shall be notified annually of the user’s current sewer
service charge rate and that portion of the rate and/or ad valorem taxes which are
attributable to wastewater treatment service in accordance with 40 CFR 35.2140.
Notification may be in conjunction with a regular bill, newspaper notice, or other means
acceptable to the regional administrator, Environmental Protection Agency.
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Section 21-11-11. Wastewater service and use charge rates.
WASTEWATER SERVICE CHARGE RATE
User Category Effective Date*
04/01/23
A. Single Unit Residential:
$52.00 1. Monthly charge per unit
B. Multi-Unit Residential:
52.00 1. Monthly charge per unit
C. Nonresidential:
54.00 1. Monthly base rate charge
per unit
2. Monthly usage charge per
7.50
9.00
9.50
1,000 gallons (after the first
8,000 gallons) per unit
8,001 - 15,000g
15,001 - 30,000g
30,001g +
D. Private Haulers Discharge Fee:
64.00
64.00
1. Discharge fee per 500
gallons or fraction thereof
2. Minimum charge per load
E. Gang Cesspools:
1. Monthly charge per unit
25.00
*Rate begins on first full billing cycle after effective date.
Section 21-11-12. Pretreatment charges and fees.
The director may establish rules, requirements, procedures, and fees for operation of the
County’s Pretreatment Program in the Department’s administrative rules. Fees may include, but
not be limited to:
(a) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user’s discharge, and reviewing monitoring reports and certification
statements submitted by users;
(c) Fees for reviewing construction plans;
(d) Fees for responding to spills and accidental discharges;
(e) Fees for filing appeals; and
(f) Other fees as the County may deem necessary to operate the pretreatment program. These
fees relate solely to the matters covered by this chapter and are separate from all other fees,
fines, and penalties chargeable by the County.
Section 21-11-13. Billing penalties.
(a) The charges levied pursuant to this chapter shall be collected by the director of finance or
any bank designated by the wastewater division as an agent for collection. Billings for
charges of nonresidential users shall be processed monthly or bimonthly in accordance with
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the department of water supply billing cycle. Billing for single unit and multi-unit
residential users shall be processed monthly or bimonthly.
(b) Payment shall be due upon receipt of bill. Bills that are not paid within 30 days of issue date
shall be past due. In addition, interest at the rate of one percent per month shall be imposed
upon the outstanding balance for all accounts that are past due.
(c) Charges shall be billed to the owner or owners of the parcel to which the services are
provided. If requested by the owner, the department will bill a tenant or other individual
designated (herein, referred to as the “designated person”) by the owner. Such request shall
be in writing and signed by all parties involved, including all property owners and the
designated person. The property owners and the designated person shall be jointly and
severally liable for the entire charge without further notice of any delinquency to the
property owners.
(d) Where a landlord has requested that the department bill a tenant pursuant to
paragraph (c):
(1) The director shall notify the landlord if a tenant’s payment is past due; and
(2) The interest on the outstanding balance shall not commence until thirty days after the
department has sent such notice to the landlord of the delinquency.
(3) Charges levied pursuant to this chapter shall be a debt due to the County. If this debt is
not paid when due, it shall be deemed delinquent and may be recovered by the County
by a civil action filed against the parcel owners, or the designated person, or both. Any
judgment against the parcel owners or responsible parties shall be filed with the Bureau
of Conveyances.
Section 21-11-14. Remission of charges.
(a) Water consumed for the following purposes that is not discharged into the sewer system
may be eligible for remission of sewer use fees if a separate metering system is installed to
provide a method of accounting for the water used for:
(1) coolers or chillers;
(2) swimming pools;
(3) irrigation; or
(4) other uses that are pre-approved and permitted by the director.
(b) Sewer users who have been charged for sewer use fees pursuant to this section may ask for a
remission of such charges to the extent and in the manner set forth herein:
(1) The user establishes, and the director determines that the user is entitled to an
adjustment in water consumption totals.
(2) Any application for such adjustment must be made with the director within one year of
the alleged error in the determination of water consumption totals.
Article 12. Sewer Management Provisions.
Section 21-12-1. Sewer monitoring program.
The director may develop and implement a sewer monitoring program in the administrative
rules. As part of a sewer monitoring program, the department is authorized to do the following:
(a) Inspect sewer laterals, located on private property, that connect to the County sewer after
providing the property owner not less than ten calendar days’ written notice, to detect leaks
from laterals, infiltration, and inflow;
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(b) Compel the owner of private property upon which a sewer lateral is located that connects to
the County sewer to inspect that lateral for leaks, infiltration, and inflow and to perform
repairs as necessary; and
(c) Other tasks necessary to comply with DOH and EPA requirements.
Section 21-12-2. Special discharge program.
The director may establish a special discharge program through the administrative rules to
provide for proper treatment of wastewater of unusual strength or character, or of water or wastes
over the normal volume for the POTW. The special discharge program may include, but not be
limited to program rules, policies, procedures, applications and forms, and additional user fees
for accepting and treating the special discharges.
If the director determines that a user’s discharge is acceptable to the POTW but is of
unusual volume, strength or character, the director may assign the discharge to and manage it
through the special discharges program.
Article 13. Treatment Works and Connections.
Section 21-13-1. Wastewater systems in critical wastewater disposal areas.
Wastewater systems in critical wastewater disposal areas as defined in HAR 11-62-5 that
do not directly connect to the POTW shall meet the requirements of and be permitted by the
State Department of Health. The director may act as the approval authority for such wastewater
treatment systems as provided for in HAR 11-62-06(j).
Section 21-13-2. Connection to sewer required.
(a) Owners of all parcels that are accessible to a public sewer as determined by the director are
required at their expense to connect directly with the public sewer within one hundred
eighty days after date of official notice.
(b) If, due to rock, wastewater collection system depth, or other construction problems, a
building cannot be practically served, the owner shall install, operate and maintain a
residential pumping station.
(c) To obtain a time extension under the provisions of subsection (a) of this section, owners
must file a written request to the connection requirement before the expiration of the
aforesaid one hundred eighty days. The written request shall document the need for the time
extension and the requested amount of time.
(d) Time extensions granted pursuant to subsection (c) of this section shall be for a period not to
exceed two years.
(e) An aggrieved person may appeal the times extension decision of the director to the
commission within thirty days of receipt of the decision. A person is aggrieved by a decision
of the director if:
(1) The person has an interest in the extension decision that is so directly and immediately
affected, that the person’s interest is clearly distinguishable from that of the general
public; and
(2) The person is or will be adversely affected by the decision.
(3) An appeal shall be in writing, in the form prescribed by the commission, and shall
specify the person’s interest in the subject matter of the appeal and the grounds of the
appeal. Any such appeal shall be accompanied by a filing fee of $50. The person
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appealing a decision of the director shall provide a copy of the appeal to the director
and to the owners of the affected property and shall provide the commission with the
proof of service. The appellant, the owners of the affected parcel, and the director shall
be parties to an appeal. Other persons may be admitted as parties to an appeal, as
permitted by the environmental management commission.
(f) The director may establish rules, requirements, and procedures for this section in the
Department’s administrative rules.
Section 21-13-3. Sewer and treatment works required.
(a) When a proposed subdivision is accessible to public sewer, the subdivider shall install all
necessary sewer works to serve all lots and connect the sewer works to the public sewer.
(b) The owner of any property within the County, which has a public sewer located within two
hundred feet of the nearest exterior boundary of the property measured along publicly
owned right-of-way or sewer easement, shall not install, replace, upgrade, expand, or repair
any septic tank or waste disposal leach field thereon nor use any means of disposing of
domestic wastewater or industrial waste other than through a sewer connection to a public
sewer. The owner shall be required to connect the premises with available public sewer
pursuant to and within the time limits specified in this chapter, and to pay in advance all
sewer connection charges.
(c) Where a proposed subdivision is within a sewer service area, but not accessible to public
sewer at the time of application, the subdivider shall install all necessary sewer works to
serve all lots and may extend and connect those sewer works to the public sewer as
described in Article 15.
(d) Where a proposed subdivision is not within a sewer service area and is not accessible to
public sewer, the subdivider may apply for a permit from the director to install all necessary
sewer works to serve all lots and extend the public sewer as described in Article 15 and
connect the subdivision sewer works to the public sewer.
(e) Where a proposed subdivision does not connect to the public sewer, the subdivider shall
comply with State department of Health requirements for wastewater disposal. The director
may act as the approval authority for all wastewater systems as provided for in HAR 11-62-
06(j).
(1) Where wastewater disposal for the proposed subdivision will be via private sewer and
treatment works, the subdivider shall obtain approval of the design, construction and
operation of those works from the director.
(2) Where individual wastewater systems (IWSs) are proposed as the temporary means of
wastewater disposal in lieu of wastewater treatment works, the following requirements
shall apply:
(A) Each lot of the subdivision shall have at least 10,000 square feet of useable land
for an IWS. The usable land area shall not include areas under buildings and shall
be subject to the setback requirements of HAR 11-62-32.
(B) Total daily wastewater flow into each IWS shall not exceed 1,000 gallons, and
one IWS shall not serve more than 5 bedrooms.
(C) Proposed IWS treatment units shall meet requirements of HAR 11-62-33.1.
(D) Proposed IWS disposal systems shall comply with the requirements of HAR 11-
61-34.
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(E) The subdivider may apply to the director to utilize other individual wastewater
systems, as described in HAR 11-62-35, upon approval by the director of the
State Department of Health through processes established in the wastewater
division administrative rules.
(F) The director may require the installation of dry sewers as a condition of
subdivision approval under the conditions listed under HAR 11-62-31.1(c).
Section 21-13-4. Cost of construction.
(a) In every subdivision where treatment works are required by the director or State department
of health, the cost of constructing such works shall be borne by the subdivider.
(b) Additional costs to improve existing public treatment works to accommodate the
subdivision shall be borne by the subdivider.
(c) Final approval and acceptance of subdivision sewer works shall not be granted until the
subdivider has settled all financial accounts with the County.
Article 14. Sewer Works Construction.
Section 21-14-1. Application.
An application for sewer works construction shall be made on a form prescribed by the
department and submitted to the director. The director may establish forms, policies and
procedures, and fees for processing application in the administrative rules.
Section 21-14-2. Permit for sewer connection.
(a) A permit issued by the Wastewater Division and compliance with the provisions of this
chapter shall be required prior to construction of a sewer connection. Sewer connections
shall be installed at the expense of the owner of the premises under the supervision and
inspection of the County. An applicant for the permit shall submit with the application, a
diagram, not necessarily to scale, showing the complete details of the proposed construction
and, where applicable, the dimensions of the line tap, cleanouts, and changes in grade and
direction. Sewer connections that are connected prior to obtaining an approved permit are
illegal and may be immediately disconnected by the director, any sewer impacts may be
billed to the property owner, and all enforcement actions noted in this code may apply.
(b) A permit for connection may be issued only after a permit authorizing performance of the
plumbing work has been issued by the building division, department of public works.
(c) Connection to the publicly owned sanitary sewer system shall be performed only by
contractors who meet the following requirements as a minimum:
(1) Possession of a Class A, Class C-43, C-43a contractor's license as duly issued by the
Hawai‘i Department of Commerce and Consumer Affairs.
(2) For all work with an estimated cost equal to or exceeding $20,000, the director may
require a cash bond, surety company bond, or personal surety bond in favor of the
County. The value of the bond shall be double the estimated cost of sewer
improvements, restoration, or replacement of the County street to a condition equal to
or better than its original condition.
(3) Provide insurance as required by the County.
(d) The director may establish a fee in the administrative rules for the any associated
inspections or reinspection of sewer improvements.
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Section 21-14-3. Approval of plans required; time limit for beginning work.
All construction plans and specifications for sewer works shall be approved by the director.
If construction has not commenced within one year after date of approval, the construction plans
and specifications shall be resubmitted for reapproval.
Section 21-14-4. Construction standards and specifications.
All sewer works construction that will be dedicated to the County shall conform with the
latest edition of the Wastewater Division standards and details, County standard specifications
for public works construction, and the standard details for public works construction.
(a) The applicant shall construct pumping stations where necessitated by site conditions or as
required by the director to lift the wastewater to proper elevation for discharge to a treatment
plant site, public sewer or discharge outfall. These stations shall be of adequate capacity and
shall include the necessary physical units for proper operation, control and maintenance.
The applicant shall obtain approval from the director for the station locations, design and
construction.
(b) Sewer mains shall be of length, type, and size necessary to provide the associated tributary
area with adequate service, as determined by the director.
(c) New laterals shall be installed in locations approved by the director. The parcel owner shall
install the lateral within 180 days of receipt of requirement notification. An application for a
lateral to a lot shall be made on a form prescribed by the department and submitted to the
director.
(1) All laterals shall be a minimum of six inches in diameter and constructed at right
angles to the main on a minimum grade of one percent. Each lateral shall terminate at
the property line with a six inch by four inch pipe reducer, properly capped.
(2) Connection of the property lateral to this reducer and cleanout shall be completed with
a forty-five degree “Y,” with the branch facing upward and extended one inch above
the ground with a counter sunk six inch brass plug cleanout at the end. The exception is
a sidewalk and driveway area where the cast iron cleanout box and cover shall be flush
with the surface. The counter sunk six inch brass plug within the box shall be at a
minimum of one-half inch below the cover. This connection shall not be backfilled or
covered until approved by the director. A sewer manhole in lieu of the above cleanout
shall be installed when directed by the director.
(3) If an existing lateral connection does not include a cleanout as described above, the
property owner shall have one installed within 60 calendar days after written notice has
been given the owner by the director.
(4) Special control structures and other appurtenances shall be constructed by the applicant
when required by the director.
Section 21-14-5. Maintenance of sewer connections.
(a) Maintenance of sewer connections, whether on public or private property, is the
responsibility of the owner(s) served by the sewer lateral.
(b) Sewer laterals and connections deemed to be causing a public nuisance or negatively
impacting the POTW shall be video inspected and all repairs made to comply with County
construction standards at the owner's expense.
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Section 21-14-6. Construction inspections and cost recovery.
(a) During the construction of all public sewer works and sewers to be dedicated to the County,
the County shall have access thereto for inspection purposes and, if considered advisable by
the director, to require an inspector on the job continuously. At no time shall sewer work be
backfilled or covered until the director has been notified of and approved the work after
proper inspection and test. If the work is not approved, it shall be repaired or removed and
reconstructed, as required by the director. The subdivision sewer may not be connected to
the public sewer until approval and acceptance of all construction.
(b) All costs of inspection, testing and connection to the public sewers shall be borne by the
applicant. The director may charge a fee for reinspection of construction that does not pass
the initial inspection.
Section 21-14-7. Construction of trunk sewers.
It is the general policy of the County to construct those public sewers which are, in the
opinion of the County council, trunk sewers in all areas within the sewer service area of the
County, and all areas hereafter annexed into the County sewer service area which are not yet
served by trunk sewers, as rapidly as funds are budgeted for such purposes by the County
council. In appropriate circumstances as determined by the County, where private developers
construct a trunk sewer at County’s requirement either larger or deeper than is needed for the
private developer's own development, the County may contribute to the cost of such oversizing
or increased depth. Minimum sizes shall be established within the Wastewater Division Design
Standards and Details.
Section 21-14-8. Construction of sewer laterals.
It is not the general policy of the County to extend lateral sewers at County expense. Other
than in relation to new subdivisions, the County may, when it is deemed to be in the best
interests of the County and its constituents, assist in the engineering, design, and supervision of
the construction of sewer laterals in areas where the property owners petition for the formation of
sewer districts.
Section 21-14-9. Acceptance of sewer works and treatment facilities.
All sewer works found acceptable by the director shall become the property of the County
and shall be maintained and operated as part of the public system. Prior to final acceptance, the
subdivider shall deliver to the County perpetual easements for all portions of the subdivision
sewer system installed in other than publicly owned property. The subdivider shall also convey
to the County fee simple title to all sites on which a pumping station or treatment plant is
constructed by the subdivider as part of the public sewer works, together with easements for
ingress and egress.
Section 21-14-10. Deposit required; inadequate deposit; refunds.
Should the County choose to construct sewer works for the applicant, the applicant shall
submit a deposit equal to the County’s estimate of the construction costs. If the actual
construction cost is in excess of the deposit, the applicant will be billed and shall pay for the
difference. If the actual cost is less than the deposit, the applicant shall be refunded the
difference.
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Article 15. Extensions.
Section 21-15-1. Applications for extensions.
Any person wishing to extend the public sewer system shall submit to the director an
application in a form prescribed by the department. The application shall be processed in the
manner set forth in this article.
Section 21-15-2. Approval of extensions of the public sewer system.
(a) All sewer extensions shall be approved by resolution of the County council.
(b) Private development and construction - Once an application for an extension of the public
sewer system has been approved by the director or their designee, the application and a
recommendation from the director shall be forwarded to the County council with all of the
supporting material attached. Upon review of the recommendation of the director and the
payment mechanism chosen by the applicant, the council may approve the application.
Section 21-15-3. Determination of construction specifications.
The applicant shall construct, or if approved by County council the County may construct
the extension, including laterals to serve all parcels along the extension. Construction shall
comply with Article 14 of this chapter. The applicant shall submit construction plans and
specifications to the director for approval. The construction documents shall show all details of
the construction, including: the alignment; the materials to be used; and the manner of
construction. The applicant shall not have any title to the extension.”
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect 90 days after approval.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: