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HomeMy WebLinkAbout2024-05-22 EMC Code Updates PresentationProposed Revisions to County Code Chapter 21 Department of Environmental Management Wastewater Division May 22, 2024 By: Christopher Sparber, P.E.Acting WWD Chief Discussion Goals •Challenges with Existing Chapter 21 •Rationale for Proposed Code Changes •Overall Code Development Process •Implementation of Proposed Program Challenges with Existing Chapter 21 •Article 1 -Challenging definitions •Example “Accessible to a sewer ” •Several useful definitions are not included. •Article 2 –Vague Fats Oils & Grease (FOG), Pretreatment, and Industrial Waste Provisions •Challenging to enforce •Vague to the public •Article 3 –Sewer Works & Connections Requirements Create Legal and Financial Liabilities •Sewage disposal into natural outlets •Do not give County jurisdiction to charge permit or connection fees •Lateral ownership and maintenance responsibility •Loss of sewer fees for 10-years after private developer installs sewer •Article 4 –Sewer Charges Have No Specific Provisions for Pretreatment fees and Remove Water Service Disconnection Provision (21-32(f)) •Article 5 –Sewer Loan Program Never Came to Fruition Rationale for Proposed Code Changes •Add EPA pre-treatment language as required by the Federal Pretreatment Program •Address operational challenges •Lateral replacement liability •Reduce reactive maintenance due to damage from FOG •Reduce equipment damage from FOG •Align our code with overall state wastewater goals and jurisdiction •Increase sewer fund revenue to cover costs associated with Administrative Orders on Consent (AOC) •Provide legal authority necessary for compliance with our AOCs •Remove loan program code that was never developed •Move enforcement requirements into chapter 21 from chapter 2, article 40 Overall Code Development Process •Solving Regulatory Challenges •Solving Operational Challenges •Changing code provisions that create challenges for enforcement Identity the Goals and Necessity for Revisions •City and County of Honolulu is the only other Pre- Treatment Program in the State Currently •Maui County and City and County of Honolulu are the only FOG programs in the State Currently •Review model ordinance provided by EPA •Reviewed a few similar sized communities' programs on the mainland Understand Other Jurisdiction’s Approaches •Consultation with Stakeholders and Council Public Process •Open communication with regulatory agencies (EPA/DOH) to ensure our proposed legal framework aligns with their requirements Create a Unique Solution that Fits Our Community Implementation of Proposed Program •To meet the Requirements of the Federal Pretreatment Program and our AOC. •To create a FOG education, outreach, and compliance program. •Create other revenue streams to cover Wastewater Division Cost of Service. •Identify impacted non- residential users Establish Legal Authority •County WWD has three Environmental Compliance Section Staff •Meet with impacted non- residential users and provide education of new requirements •Per EPA/DOH this is a critical step they look for in program development plans •Collaboratively develop a compliance schedule •Required as part of our Pretreatment AOC Outreach/ Education, and Compliance Schedules •Annually County will provide report of activities to DOH •Report will include a list of Significant Industrial Users (SIUs), outreach activities, and significant non-compliance. Annual Reporting and WWD Oversight