2011 01-12

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Tsuji, [email protected];Kurano, Matthew; Seto, Joanna L;Waimanalo Gulch Landfill dischargeWednesday, January 12,201110:31:10 AMDwg1 Limits of Liner System.pdfStormwater 12232010.pdf101223 Waimanalo Gulch Landfill Discharge final.pdf

Joann,Attached are: 1. CWB's inspection report on the landfill, December 23, 2010.

2. Waimanalo Gulch Landfill's drawing of the E6 cell where thestormwater collected and contacted the trash.

3. Rainfall data

Below is the link to the news article on the landfill discharge.http://www.khon2.com!content!news!developingstories/story!Landfill-Runoff-Concerns-Watchdog!D9Aa jUUxUKfWS3VugDdHA.cspx

When things settle down, we should discuss our enforcement options, one,because it is Waste Management, EPA may want to join the State in anenforcement action.

Michael TsujiState of HawaiiDepartment of HealthClean Water BranchEnforcement Section Supervisor808-586-4309

Yamada, Stuart H

From:Sent:To:

Subject:

Okubo, Janice S.Wednesday, January 12, 2011 10:33 AMGill, Gary L.; Yamada, Stuart H; Chang, Steven Y; Wong, Alec Y; Tsuji, Matthew; Tsuji,Michael; Seto, Joanna LTV News Clips for landfill and brown water advisory -- FW: Dateline Media, Inc. Search'Department of Health' Found 3 Stories

FYI --

Attached or below are TV news stories on the landfill discharge and brown water advisory for Maui.

From: Ted Sappington, Dateline Media, Inc. (Auto Reports) [mailto:[email protected]]Sent: Wednesday, January 12, 2011 4:38 AMTo: Okubo, Janice S.Subject: Dateline Media, Inc. Search 'Department of Health' Found 3 Stories

DATEUNE MEDIA, INC.Media A1onitoring Network.

(BOB) 949-7710 • www.dateline-media.oom •

State Department of Health

SUNRISE ON KGMB

KGMB-CBS HONOLULU,HI

Nielsen Audience: 30,310 Calculated AdEquivalency: $1,092

Run Time: 2:36 Calculated Publicity Value:$3,276

30-Second Ad Equivalency: $210[**07:12:05**] rnPreview Clip Morning news headline: guest live remote: university of Hawaii studentbrissa mamamura. It is a security breach that may have affected thousands of uh alumni. The school will"talk about ways to safeguard information. Ramsay wharton live with a little bit more. Good morning.Good morning. That's right. Uh getting into session for the spring term. Just yesterday. And we've beenmentioning traffic and weather, but students are starting to pour on campus. With the new year brings newdiscussions about privacy breaches. Just after 1:00 today, officials here is going to be meeting with sometech can is from can ies from the state and city. They're going to be talking about ways and steps they cantake. This comes as a result of the class action lawsuit med in November against the university on behalfof a former uh student who says his social security number made it out online. Here's his attorney.Soundbite: victim's attorney Thomas grande. "Our client in it case, felipe gross discovered in February ofthis year that four other individuals had been using his social security number. He discovered that whenhe's plied with a grant with the State Department OF HEALTH. Several month later he was informedbusiness his credit card company his credit card was being used to purchase gasoline on the mainland.Again, that victim alleging he was expected by two of the four security breaches recently. Now the uh

1. JAN 112011'\.iiV7:00AM HI

[]ORDER

1

lawsuit wants the university they want the federal court to order them to stop using social securitynumbers on campuses. And to take further steps, including pay for credit monitoring for the victims andidentity theft insurance. We've been able to talk to a couple of students this morning. Good morning. Wetalked about you were among the students that received the email last year. How do you feel this morning,knowing that your privacy is continuing suggests. It defInitely concerns me. I don't want to be a victim,and I think it's really important that they take all measures to protect our information because we entrustour information with them. And if something like that happened in the past, it can defInitely happen again.We understand that back in 2002, uh officials said that they tried to take a step to stop using social securitynumbers but they needed it for tax purposes, fmancial aid. Do you think that's going to be a real optionwith the university, and would you agree with that?

WAKEUP2DAY

KHON-FOX HONOLULU,HI

Nielsen Audience: 13,987 Calculated AdEquivalency: $1,400


30-Second Ad Equivalency: $300[**05:41:39**] ru!Preview Clip Morning news headline: waimanalo gulch landfill gathers more than 400-thousand tons of the island's trash every year. And during heavy rains that trash mixes with water. Andrewpereira has more now on a large discharge during our last big storm. It's the law of gravity, water alwaysflows downhill. So when waimanalo gulch landfill was pounded by rain December 19th, all that waterflowed into the ocean. Soundbite: envirowatch, Carroll cox, "this brings on a big problem. Environmentalwatchdog Carroll cox raises an obvious concern, rain water mixed with trash and ash from h-power is nota good combination. Soundbite: cox, "the chemicals that people throwaway and household waste and allof that is being introduced potentially into the water system. Waste management, the company that runsthe landfill for the city, believes 7.5 million gallons of rainwater gathered inside one of the cells wheregarbage trucks dump their trash. The STATE HEALTH DEPARTMENT believes some or all of thewater went into the ocean pumped into a concrete channel that snakes down the landfIll, flows underneathfarrington highway and end's up here, at the water's edge behind ko olina resort. Soundbite: cox, "itpresents a problem but it's a problem we can't quantify right now but we know that it has the potential ofhaving a devastating impact on the environment and the animals and plants there. When STATEHEALTH inspectors examined the area four days after last month's storm, waste management tested thestorm water, which showed contaminants did not exceed STATE HEALTH guidelines. However, sen.Josh green, a doctor who also chairs the health committee, says that doesn't mean you should beswimming in the area after a big rain. Soundbite: sen. Josh green, "avoid it, you know it's still just smartbecause these samples are just you know samples, spots in time. Green says storm runoff, especially froma landfill, can contain staph and e- coli bacteria. And although the storm water last month tested withinacceptable limits, he's disappointed warning signs were not posted. Soundbite: green, "some people aremore sensitive than others so a sign does no harm. Andrew pereira khon-2 news, Hawaii's news leaderwaste management says its permit with the STATE HEALTH DEPARTMENT does allow it todischarge storm water into the ocean.

2. JAN 11 2011

[ ]ORDER

HAWAII AT 5

KHON-FOX HONOLULU,HI

Nielsen Audience: 44,660 Calculated AdEquivalency: $750


30-Second Ad Equivalency: $450[**05:02:27 PM**] [Eh>review Clip News headline: last night's storm front continues to cause problemsfor residents on maui. A brown water advisory is in place from maalaea to kihei. STATE HEALTHOFFICIALS are concerned last night's heavy rains may lead to potentially dangerous brown water. Alsoan issue is the drinking water in kula. The rains damaged a waterline near kawehi place in upper kula, andcounty officials say that may have compromised the water quality in the system. Residents are being told

2

JAN 112011

[]ORDER

to boil water before drinking it. Soundbite: maui county spokesperson, rod antone, "it is just not worth ittaking a chance to use the water from tap right now because it has been exposed we just don't know whatis in there and we don't want anyone getting sick. Water testing is taking place and the department ofwater supply will notify customers when it is safe to drink water from the tap.

Report Generated:Total Story Count:Total Nielsen Audience:Total 30-Second Ad Equivalency:Total Run Time:Total Calculated Ad Equivalency:Total Calculated Publicity Value:

2011/01/1208:37:44.742 (CT)3

88,957$9605:46

$3,242$9,726

To order clips from this report,check the ORDER box for each story required,then open the Clip Order page by clicking here.[Order Clips]If the Clip Order page does not appear,or the clips you want to order do not have an ORDER box,notify your monitoring service.

This report contains copyrighted material and may be used for file and reference purposes only. Anyreproduction, sale or distribution is prohibited.

Portions © 2009 Nielsen Media Research, Inc. Ratings data contained herein are thecopyrighted property of Nielsen Media Research, Inc. All Rights Reserved.

3

<,

Miyashiro, Thomas

From:Sent:To:Cc:Subject:Attachments:

Greetings Lene & Tom.

Whelan, Joseph [[email protected]]Wednesday, January 12, 2011 3:51 PMMiyashiro, Thomas; Ichinotsubo, Lene KLottig, Justin; Frey, Jesse; Von Pein, RickRequest for Approval to Resume Cell 6 Waste ReceiptsDOCCELL 6 .pdf; Assessment of Northwestern Portion of Cell E6 for MSW PlacementWaimanalo Gulch Sanitary Landfill.htm

Please find attached the report from AECOM, QC firm for the Cell 6 construction project, which addressesthe Departments concerns over our resuming operations in Cell 6. I would appreciate your review andproviding an email approval to resume disposal activities within cell 6 at this time. Please contact me with anyquestions as soon as possible, as we are nearing capacity in other areas of the landfill. Thank you.

Best regards,

«DOCCELL 6 .pdf»

Joe «Assessment of Northwestern Portion of Cell E6 for MSW Placement Waimanalo Gulch SanitaryLandfill.htm»

General Manager

Waste Management ofHawaii

808-668-2985, ext. 15 Office

808-668-1366 Fax

808-479-4610Mobile

Waste Management's landfills provide over 17,000 acres ofprotected land for wildlife habitats and 15 landfills are certifiedby the Wildlife Habitat Council.

Waste Management recycles enough paper every year to save 41 million trees. Please recycleany printed emails.

1

Miyashiro, Thomas

From:Sent:To:Cc:

Subject:

Miyashiro, ThomasThursday, January 13, 2011 11:17 AMWhelan, JosephIchinotsubo, Lene K; Fujimoto, Janice K; Ruiz, Jose A; [email protected];[email protected];[email protected]; Chang, Steven Y; Yamada, Stuart HRE: Request for Approval to Resume Cell 6 Waste Receipts

Hi Joe: We acknowledge receipt and have no adverse comments on your submittal of AECOM's assessment andacceptance of the containment and leachate collection systems in the area to be used in Cell E6, as depicted in theattached drawing. However, because of the severe rain event last night, based on a conversation with Jesse thismorning, we understand that virtually the entire area of the lined portion of Cell E6 is under water, and the water level isnear the top of the new berm constructed on the south side of the cell. Unfortunately, in view of this development, thisassessment should be redone or updated. We can only sympathize with you as this worst case scenario continues.

With best regards,Tom

From: Whelan, Joseph [mailto:[email protected]]sent: Wednesday, January 12, 2011 3:51 PMTo: Miyashiro, Thomas; Ichinotsubo, Lene KCc: Lottig, Justin; Frey, Jesse; Von Pein, RickSubject: Request for Approval to Resume cell 6 Waste Receipts

Greetings Lene & Tom.

Please find attached the report from AECOM, QC firm for the Cell 6 construction project, which addressesthe Departments concerns over our resuming operations in Cell 6. I would appreciate your review andproviding an email approval to resume disposal activities within cell 6 at this time. Please contact me with anyquestions as soon as possible, as we are nearing capacity in other areas ofthe landfill. Thank you.

Best regards,

«DOCCELL 6 .pdf»

Joe «Assessment of Northwestern Portion of Cell E6 for MSW Placement Waimanalo Gulch SanitaryLandfill.htm»

General Manager

Waste Management ofHawaii

808-668-2985, ext. 15 Office

1

808-668-1366 Fax

808-479-4610 Mobile

Waste Management's landfills provide over 17,000 acres ofprotected land for wildlife habitats and 15 landfills are certifiedby the Wildlife Habitat Council.

Waste Management recycles enough paper every year to save 41 million trees. Please recycleany printed emails.

2

·From:Sent:To:Cc:Subject:

Hi Joe,

Page 1 of2Boyle, Ron [[email protected]]Wednesday, January 12, 2011 2:31 PMWhelan, JosephFrey, Jesse; Frerich, Dan; Lottig, JustinAssessment of Northwestern Portion of Cell E6 for MSW Placement, Waimanalo Gulch sanitary

Landfill

It is AECOM's understanding that WMH would like to begin filling MSW in the northwestern portion of Cell E6 at the WaimanaloGulch sanitary Landfill (WGSL). This area is at a higher elevation which has not been flooded by recent storm events and isneeded for lmmediate use due to lack of alternative filling areas. The purpose of this e-mail is to address concerns recentlyexpressed by DOH Solid Waste Branch before filling can commence. The primary concerns are discussed below:

1. On Monday, 1/10/11, AECOM observed the northwestern sideslope of the Cell E-6 liner for any potential damage due tolarge rocks that were rolled down from the Western Surface Water Drainage excavation last week. The sideslope liner iscovered by approximately 3 feet of operations layer (sand material) on the bench and 2 feet on the sideslope and waspreviously placed in accordance with the project specifications. Due to recent rains (late December 2010), erosion gullieshad formed in the sideslope operations layer but these areas were repaired by Goodfellow Brothers, Inc. (GBI) prior toexcavating and pushing rocks down from above. Based on discussions with GBI personnel and field observations, itappears that the operations layer was intact and provided the necessary protection to the liner from the rocks rolleddown from above. There are large rocks/boulders spread along the E-6liner bench and floor that should be removedcarefully with an excavator to prevent damage to the underlying liner and leachate collection layer. On Wednesday,1/12/11, AECOM's CQA representative (Dan Frerich) observed that the rocks on the floor of the cell were carefullyremoved using a tracked excavator and stockpiled outside of the landfill cell.

2. On Wednesday, 1/12/11, AECOM observed the northwestern edge of the Cell E6 floor liner for any potential damage tothe encapsulated liner system as a result of recent flooding events. Based on AECOM's observations, it appears this areadid not sustain any significant damage from flooding. The edge of liner in this area was constructed in accordance withDetail W shown on sheet no. 10 of the drawings prepared by Geosyntec (dated January 2010). The northern edge of theliner system along the cell floor was buried in a l-foot deep trench, then backfilled will soil cushion material and coveredwith pieces of plywood. This edge was then covered with a 4.5-foot high stormwater diversion berm constructed withcompacted soil cushion material. The edge of E6 floor liner further to the east at the E4 liner tie-in area was damaged bythe recent storm flows due to it being at a lower elevation. An assessment of the damage in this tie-in area is currentlyunderway.

3. On Wednesday, 1/12/11, AECOM observed the northwestern edge of the Cell E6 floor for any potential damage to theLCRS gravel layer. Based on AECOM's observations, it appears that there were minimal impacts from the recent stormflows to this area. Because the overlying operations layer and MSW placed in 2010 are visually intact, it is expected thatthe underlying LCRS gravel layer is intact. Additionally, a layer of 10 oz/sy geotextile filter layer fabric protects theunderlying gravel from infiltration of silt. The leading edge of the LCRS gravel layer will be exposed later in 2011 forcompletion of the remainder of Cell E6 and CQA monitors will confirm that the gravel is free of contamination.

4. On Wednesday, 1/12/11 AECOM met with WMH and GBI personnel to discuss measures being taken to prevent furtherclogging of the temporary drainage inlet no. 1. An approximately 15-foot high temporary berm was constructed acrossthe valley floor yesterday to contain runoff and direct it into the drainage inlet. It was agreed that the area surroundingthe inlet should be dug down to the level of the inlet riser by removing mud and rocks that had accumulated fromprevious storm events. This will increase the storage capacity for debris accumulation in future events. A berm of largeboulders will be stacked just upstream of the inlet to act as an energy dissipater and hold back debris from clogging theinlet grate. AECOM's CQA representative will remain on site to confirm that these improvements are completed today.

In conclusion, based on our recent observations of Cell E6 at WGSL and completion of temporary drainage measures, we believethat the northwestern section of Cell E6 is in good condition and has adequate protection from future storm events to allowplacement of MSW.

Let me know if you have any questions.

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Ron Boyle, P.E.Senior Engineer. EnvironmentD 808.356.5321 Cell [email protected] Technical Services1001 Bishop Street, Suite 1600Honolulu, HI 96813T 808.523.8874 F 808.523.8950www.aecom.com

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From:To:

Subject:Date:Attachments:

Steinberger, Timothy EGill, Gary L.; Chang, Steven Y;Seto, Joanna L;WGSL StormwaterWednesday, January 12, 2011 9:45:14 PMWGSL letter to DOH 1-12-11.doc

Please refer to the attached letter stating my concerns on the DOH positionregarding storm water runoff. Hard copy of the letter will follow.

Timothy E. Steinberger, PEDirectorDepartment of Environmental Services

January 12,2011

Honorable Gary GillDeputy DirectorEnvironmental Health AdministrationState ofHawaii, Department ofHealth1250 Punchbowl StreetHonolulu, HI 96813

Mr. Steven ChangBranch ChiefSolid and Hazardous Waste BranchState ofHawaii, Department ofHealth919 Ala Moana BoulevardRoom 300Honolulu, HI 96814-4920

Ms. Joanna L SetoActing Branch ChiefClean Water BranchState ofHawaii, Department ofHealth919 Ala Moana BoulevardRoom 300Honolulu, HI 96814-4920

Re: Waimanalo Gulch Sanitary Landfill (WGSL)Storm Water Drainage

Deputy Director Gary Gill and Mr. Chang and Ms. Seto:

I am writing in response to Department ofHealth (DOH), Clean Water Branch's(CWB's) recent directive to the Department of Environmental Services (ENV) and WasteManagement Hawaii (WMH) from Mike Tsuji to post signage relating to releases ofallegedly contaminated wastewater. The City contends that such signage is not requiredby the law. However, in order to explain this position, I need to review the recent eventsand understandings leading to this recent CWB directive.

Storm Event and Resultant Accumulation of Storm Water:On December 19,2010, there were heavy rains on Oahu that resulted in storm waterrunoff at WGSL. On December 20, 2010, WMH contacted the DOH, Solid andHazardous Waste Branch (SHWB) as a courtesy to notify them of the established practiceof draining storm flows from as heavy as a 24-hour, 25-year storm into the storm waterdrain systems required by the WGSL Solid Waste Management Permit No. LF-0182-09(SWM Permit).

On Tuesday, December 21,2010, CWB inspectors inspected WGSL, with the assistanceof Justin Lottig ofWMH who fully disclosed to the CWB inspectors WMH's actions inresponse to the storm. The CWB inspectors left without indicating to WMH that theyhad any concerns regarding WMH's actions.

Two days after the CWB inspection, on December 23, 2010, in response to WMH'scourtesy notification fours days earlier, SHWB inspectors conducted an inspection ofWGSL and expressed concern that they observed that the storm water had touchedmunicipal solid waste. After speaking with Mr. Lottig, the SHWB inspectors appeared tobe less concerned with WMH's treatment of the storm water, commenting that it wasless of a concern given the fact that the entire island was under a brown water advisory.

Later that same afternoon, CWB inspectors returned for a second inspection, duringwhich they talked again with Mr. Lottig and then requested that WMH take samples ofthe storm water and discontinue the discharge of the storm water into the storm waterdrain systems. WMH complied with both requests. The test results have since beenobtained and confirm that the storm water met state and federal standards for storm waterrun off, except for naturally-occurring background concentrations of iron and zinc, whichare typically found in storm water discharges throughout Oahu.

Also that afternoon on December 23,2010, Joanna Seto from the CWB contacted ENVand instructed ENV to issue a press release stating that there had been a release of stormwater that is potentially contaminated with leachate into the Ko Olina coastal area. Shesaid that this reporting requirement was similar to the requirement to issue a press releasewhen there is a sewer spill. Ms. Seto did not explain the basis for, her conclusion that thestorm water was potentially contaminated with leachate, and also mistakenly equated thisevent with a wastewater discharge. ENV therefore declined, explaining that the stormwater was not leachate under the law, that draining the storm water flows was anestablished practice with which DOH was familiar, and that there was no basis forrequiring the press release. At approximately 9:41 p.m. that night, DOH issued its ownpress release advising that WGSL had "discharged a large quantity of storm waterpotentially contaminated with landfill waste to the Pacific Ocean."

On January 12,2011, twenty-four days after the initial discharge of storm water, MikeTsuji from CWB contacted ENV, Division of Environmental Quality, and WMH,directing them to post signage regarding "contaminated water" from WGSL if an eventsimilar to the December 19,2010 storm occurred during the currently pending floodadvisory issued for Oahu.

ENV's understanding is that the storm water from the December 19, 2010 event had not"percolated or passed through or emerged from solid waste" as defined in HawaiiAdministrative Rules section 11-58.1 and was therefore not leachate under the law.Instead, DOH believes that the storm water had some (unquantified) contact with solidwaste and that pursuant to Section G, entitled "Surface Water Management," number 2 ofthe SWM Permit "[s]tormwater that comes in contact with solid waste shall be managedand disposed of as leachate." Therefore, although the storm water itself was not leachate

under the law, DOH asserts that it was to be treated as leachate as provided in the SWMPermit.

Potential Public Health Emergency Created by Closure ofWGSL Averted - Storm WaterDisposed of into Wastewater Treatment Facilities:If the subject storm water is not drained from the areas of accumulation, WMH will notbe able to continue to operate WGSL, resulting in a potential public health emergencydue to restricted waste collection and disposal options for the entire island ofOahu.Therefore, notwithstanding its belief that the storm water is not leachate, at DOH'sinsistence, ENV agreed to assist WMH in its disposal of the accumulated storm water, viathe wastewater collection system, into the Waianae and Kailua wastewater treatmentfacilities, thus enabling WMH to move forward with the continued operation ofWGSL.This disposal requires ENV to closely coordinate and monitor the discharge to ensure thatthe collection system has capacity to accommodate the additional volume, and that thestorm water does not impede the capacity or effective operation of the treatment plants.Because the storm water was not leachate under the law and cannot generally be disposedof in the collection system, I exercised my discretion to invoke an exception to RevisedOrdinance ofHonolulu (ROH) Sec. 14-1.9, "Use of public sewers--Restrictions-Violations," to justify the disposal at the treatment facilities.[l]

I conferred with the SHWB and CWB on January 11,2011 and all parties agreed to aplan of action to ensure continued use ofWGSL via the draining of the accumulatedstorm water into the treatment plants so as to facilitate incremental re-opening of theimpacted E-6 Cell.

CWB Directive to Post Contaminated Water Signage Not Required by Law:Today, the CWB contacted ENV and WMH to demand the posting of signs warning ofcontaminated water discharges from WGSL, given the predicted rainfall. CWB cited noauthority for this demand. but the directive implies that the storm water be treated asthough it were wastewater The City finds no basis for this conclusion in law. HARsection 11-62-06(g)(5) provides in relevant part that, "[n]o person or the owner shallcause or allow any wastewater system to create or contribute to ... [w]astewater spill,overflow, or discharge into surface waters or the contamination or pollution of statewaters[.]" HAR chapter 11-62, Appendix C, section 2.e requires that when there arespills from a facility, warning signs are to be posted in the areas likely to be affected bythe spill and where public access is possible. We are assuming that this is the purportedlegal basis for CWB's directive to ENV and WMH.

However, this is not applicable to the present circumstances because WGSL is not a"wastewater system" as defined by HAR section 11-62-03:

"Wastewater system" means the category of all wastewater and wastewater sludgetreatment, use, and disposal systems, including all wastewater treatment works,

collection systems, wastewater sludge facilities, recycled water systems, andindividual wastewater systems.

The drainage system at WGSL is not a wastewater treatment, use or disposal system. Infact, as indicated above, pursuant to its SWM Permit, WGSL is required to and does havea surface water management system in place. SHWB recognized that there would berunoff resulting from storm events at WGSL and therefore required the "design,construction and maintenance of a surface water run-on and run-off control system." If,as eWB contends, all runoff from WGSL is automatically "wastewater" then there wouldhave been no provision for a surface water drainage system, but instead, all surface waterrunoffwould have been directed to the sewer system. The fact that DOH instead requiredthe surface water drainage system directly negates the characterization of runoff aswastewater.

eWB's requirement to post signs is particularly unsettling to ENV because it is the firsttime since WGSL began operations that eWB is communicating to ENV and WMH whatappears to be its conclusion that storm water runoff from WGSL is leachate, thereforewastewater, and therefore requires regulation pursuant to HAR chapter 11-62.

We are concerned by what we perceive as a series of unreasonable demands without anyarticulated basis in DOH's legitimate regulatory authority. SHWB asserted first, thataccumulated storm water is leachate that may not be pumped into the storm drain system,but must be disposed of at the treatment plants. Then, today, eWB asserts even morebroadly that WGSL's storm water runoff requires the posting ofwaming signs as ifitwere wastewater. These conclusions are not supported by the facts or the law, and arecontrary to the measures that ENV and WMH have taken over the years, at DOH'sdirection and/or with DOH's approval. (We are in possession ofeWB's latest email,sent at approximately 4:00 today, which incorrectly purports to reiterate mattersdiscussed and agreed upon between DOH and ENV, including additional requirementsrelating to storm water management at WGSL. We will address the contents of this emailtomorrow.)

ENV and WMH sincerely appreciate SHWB's and eWB's cooperation to the extent thatit is directed at facilitating removal of the accumulated storm water to enable continueduse ofWGSL and to avert the public health disaster of having to shut down solid wastecollection and disposal due to closure ofWGSL. To this end, so that we may mostappropriately dispense with the accumulated storm water and manage future runoff in away that ensures continued operation ofWGSL, we request that the eWB consult withSHWB and vice versa and that both DOH branches consult with their respective deputyattorneys general prior to imposing requirements upon ENV and WMH. We remainready, willing, and able to meet with DOH, and look forward to all parties working fromthe same set of assumptions and understandings, for maximum protection ofpublic healthand safety.

If you have any questions or concerns, please feel free to contact me at 768-3486.

Very truly yours,

Timothy Steinberger

From:To:cc:

Subject:Date:Attachments:

Seto, Joanna L"[email protected]";"[email protected]"; "][email protected]"; Kurano, Matthew;Tsuji, Michael; Wong, Alec Y; Gill, Gary L.; Ichinotsubo, Lene K; Chang, Steven Y;Yamada, Stuart H;Contingency Plan for Discharge from Waimanalo Gulch sanitary Landfill (HIR50A533)Wednesday, January 12, 2011 3:59:00 PM0020109.fnl.pdf

Subject: Contingency Plan for Discharge of Contaminated Storm Waterfrom Waimanalo Gulch Sanitary Landfill, Kapolei, Island of Oahu, HawaiiNGPC File No. HI RSOAS33

Dear Mr. Steinberger,

Thank you for speaking with the Department of Health (DOH), EnvironmentalManagement Division (EMD), Solid and Hazardous Waste Branch (SHWB) and CleanWater Branch (CWB) on January 10 and 11, 2011. We'd like to take this opportunity toreiterate the main points of the conversations.

1. Regarding the potential need to discharge contaminated storm water from the E6cell and/or the sedimentation basin in the event of another rain event whichinundates the cell with contaminated storm water:

If the CCH and Waste Management makes the decision that contaminated stormwater MUST be discharged from the E6 cell, the decision will be considered a"business decision" by the responsible persons. In preparation for the potentialdischarge of contaminated storm water, please submit a Contingency Plan which, at aminimum, includes the following elements:

a. Notification to Michael (Mike) Tsuji of DOH-CWB at 586-4309 (during workhours) or (after work hours) or via email to [email protected] before any unpermitted discharge so a coordinated effort can be made tomanage the event by CCH and Waste Management.

b. Notification to the public of the discharge of potentially contaminated stormwater via a press release.

c. Posting of "contaminated water" signs in the vicinity of the discharge to Statewaters.

d. As the facility will still be subject to Hawaii and Federal Water Pollution rulesand regulations and should make every good faith effort to mitigate any potentialhuman or environmental harm potentially associated with the unpermitteddischarge.

Efforts should be made to monitor discharge and receiving water to insure human

and environmental health. The monitoring plan should take into consideration thestandard leachate sampling parameters as detailed in the facility's quarterlymonitoring report, as well as the Waianae WWTP's Effluent Limitations andMonitoring Requirements in Part A, including whole effluent toxicity tests (NPDESPermit No. HI 0020109, issued March 19, 2004 - attached).

Please be aware that under typical conditions, the contaminated storm water can onlybe treated for disposal at a secondary wastewater treatment plant (i.e., WaianaeWWTP or Kailua Regional WWTP).

2. Regarding the landfill's need to continue receiving solid waste.

The DOH-SHWB will acknowledge Waste Management's informal request to startoperating in the upper E6 cell area. That opening of the upper E6 area should allowfor an additional six (6) weeks of operational capacity. During the next 4-6 weeks, it isexpected that the landfill will continue to reduce the contaminated storm watercurrently impounded on the E6 cell through its leachate handling protocols. Thefollowing points are for your consideration:

a. The CCH and Waste Management estimate that approximately 240,000gallons of the impounded storm water can be hauled from the landfill to theWaianae and/or Kailua Regional WWTPs per day.

b. DOH-SHWB understands that you have completed an engineering assessmenton a portion of Cell E-6 in response to the flooding and plan to utilize this portionof E-6 as soon as tomorrow.

c. Barring an unforeseen event, the landfill should have adequate space tocontinue operating while addressing the impounded water in the E6 cell.

d. The landfill needs to take actions to prevent run-on from filling the E6 cell.That means keeping the 36" storm drain line located above the E6 cell open andfree from becoming impacted. The DOH recognizes that the current design on the36/1 storm drain line has become unviable during the previous two (2) rain eventsand has serious concerns that it will plug again exacerbating the problem.

e. The western drainage system will take about two (2) more weeks ofconstruction to prevent hillside runoff into the E6 cell.

f. The landfill is prohibited from bulk liquid disposal by State and federalregulations.

3. The Deputy Director has requested that the DOH-CWB, CCH, and WasteManagement coordinate a response to any potential event which may jeopardizehuman/environmental health associated with the current landfill situation. DOHoffers its assistance for any public safety type responses (e.g., posting signs, notifyingthe public), or coordination efforts.

We are anxious to see your contingency plans for rerouting storm water run-on fromthe mauka lands away or around the landfill to avoid interfering with landfilloperation and introducing contaminants into the storm water.

Please call or email if you have any questions.

Thank you,Joanna

Joanna l. SetoActing Chief andEngineering Section SupervisorClean Water BranchState of Hawaii Department of HealthPhone: (808) 586 - 4309Fax: (808) 586-4352

Notice: This information and allachments are intended only for the use of the individual(s) or entity to which it is addressed, and may contain information that isprivileged and/or confidential. If the reader of this message is not the intended recipient, any dissemination, distribution, or copying of thiS communication is strictlyprohibited and may be punishable under state and federal law. If you have received this communication and/or attachments In error. please notify the sender via e·mail immediately and destroy all electroniC and paper copies.

Yamada, Stuart H

From:Sent:To:Cc:

Subject:Attachments:

Seto, Joanna LWednesday, January 12, 2011 4:00 PM'[email protected]''[email protected]'; 'JWhelan1 @wm.com'; Kurano, Matthew; Tsuji, Michael; Wong,Alec Y; Gill, Gary L.; Ichinotsubo, Lene K; Chang, Steven Y; Yamada, Stuart HContingency Plan for Discharge from Waimanalo Gulch Sanitary Landfill (HIR50A533)0020109.fnl.pdf

Subject: Contingency Plan for Discharge of Contaminated Storm Water from Waimanalo Gulch Sanitary Landfill,Kapolei, Island of Oahu, HawaiiNGPC File No. HI R50AS33


Thank you for speaking with the Department of Health (DOH), Environmental Management Division (EMD), Solid andHazardous Waste Branch (SHWB) and Clean Water Branch (CWB) on January 10 and 11,2011. We'd like to take thisopportunity to reiterate the main points of the conversations.

1. Regarding the potential need to discharge contaminated storm water from the E6 cell and/or the sedimentationbasin in the event of another rain event which inundates the cell with contaminated storm water:

If the CCH and Waste Management makes the decision that contaminated storm water MUST be discharged fromthe E6 cell, the decision will be considered a "business decision" by the responsible persons. In preparation for thepotential discharge of contaminated storm water, please submit a Contingency Plan which, at a minimum, includesthe following elements:

a. Notification to Michael (Mike) Tsuji of DOH-CWB at 586-4309 (during work hours) or (after workhours) or via email to [email protected] before any unpermitted discharge so a coordinated effortcan be made to manage the event by CCH and Waste Management.

b. Notification to the public of the discharge of potentially contaminated storm water via a press release.

c. Posting of "contaminated water" signs in the vicinity of the discharge to State waters.

d. As the facility will still be subject to Hawaii and Federal Water Pollution rules and regulations and should makeevery good faith effort to mitigate any potential human or environmental harm potentially associated with theunpermitted discharge.

Efforts should be made to monitor discharge and receiving water to insure human and environmental health.The monitoring plan should take into consideration the standard leachate sampling parameters as detailed inthe facility's quarterly monitoring report, as well as the Waianae WWTP's Effluent Limitations and MonitoringRequirements in Part A, including whole effluent toxicity tests (NPDES Permit No. HI 0020109, issued March 19,2004 - attached).

Please be aware that under typical conditions, the contaminated storm water can only be treated for disposal at asecondary wastewater treatment plant (Le., Waianae WWTP or Kailua Regional WWTP).


1

The DOH-SHWB will acknowledge Waste Management's informal request to start operating in the upper E6 cellarea. That opening of the upper E6 area should allow for an additional six (6) weeks of operational capacity. Duringthe next 4-6 weeks, it is expected that the landfill will continue to reduce the contaminated storm water currentlyimpounded on the E6 cell through its leachate handling protocols. The following points are for your consideration:

a. The CCH and Waste Management estimate that approximately 240,000 gallons of the impounded storm watercan be hauled from the landfill to the Waianae and/or Kailua Regional WWTPs per day.

b. DOH-SHWB understands that you have completed an engineering assessment on a portion of Cell E-6 inresponse to the flooding and plan to utilize this portion of E-6 as soon as tomorrow.

c. Barring an unforeseen event, the landfill should have adequate space to continue operating while addressingthe impounded water in the E6 cell.

d. The landfill needs to take actions to prevent run-on from filling the E6 cell. That means keeping the 36" stormdrain line located above the E6 cell open and free from becoming impacted. The DOH recognizes that thecurrent design on the 36" storm drain line has become unviable during the previous two (2) rain events and hasserious concerns that it will plug again exacerbating the problem.

e. The western drainage system will take about two (2) more weeks of construction to prevent hillside runoff intothe E6 cell.

f. The landfill is prohibited from bulk liquid disposal by State and federal regulations.

3. The Deputy Director has requested that the DOH-CWB, CCH, and Waste Management coordinate a response to anypotential event which may jeopardize human/environmental health associated with the current landfill situation.DOH offers its assistance for any public safety type responses (e.g., posting signs, notifying the public), orcoordination efforts.

We are anxious to see your contingency plans for rerouting storm water run-on from the mauka lands away oraround the landfill to avoid interfering with landfill operation and introducing contaminants into the storm water.


Thank you,Joanna

Joanna L. SetoActing Chief andEngineering Section SupervisorClean Water BranchState of Hawaii Department of HealthPhone: (808) S86 - 4309Fax: (808) 586-4352

Notice: This information and attachments are intended only for the use of the individual(s) or entity to which it is addressed, and may contain Information that is privileged and/or confidential. If the reader of this messageis not the intended recipient, any dissemination, distribution, oreopving of this communication is strictly prohibited and may be punishable under state and federal law. If you have received this communication and/orattachments in error, please notify the sender via e-mail immediately and destroy all electronic and paper copies.

2

PERMIT NO. HI 0020109

AUTHORIZATION TO DISCHARGE UNDER THENATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. § 1251et seq.; the "Act") and Chapter 342D, Hawaii Revised Statutes, and Chapters 11-54 and 11-55,Administrative Rules, Department ofHealth, State ofHawaii,

CITY AND COUNTY OF HONOLULUDEPARTMENT OF ENVIRONMENTAL SERVICES

(hereinafter "PERMITTEE"),

is authorized to discharge secondary treated wastewater,

to the receiving waters named the Pacific Ocean through Outfall Serial No. 001 atLatitude 2l o25'36"N, Longitude l58°l2'01"W,

from its Waianae Wastewater Treatment Plant (hereinafter "FACILITY"),

located at 86-100 Farrington Highway, Waianae, Oahu, Hawaii,

in accordance with the eflluent limitations, monitoring requirements and other conditions setforth herein, and in the permit attachments, including the Department ofHealth "StandardNPDES Permit Conditions," dated December 31,2002.

All references to Title 40 of the Code ofFederal Regulations (40 CFR) are to regulationsthat are in effect on July 1,2001, except as otherwise specified. Unless otherwise specifiedherein, all terms are defined as provided in the applicable regulations in 40 CFR.

This permit will become effective 30 days after the date of issuance.

This permit and the authorization to discharge will expire at midnight, June 30, 2008.

Signed this 19th day ofMarch, 2004

(For) Director ofHealth

PERMIT ISSUEDMarch 19,2004

PERMIT NO. HI 0020109Page 2

TABLE OF CONTENTS

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. Limitations and Monitoring Requirements2. Sampling Locations

B. WHOLE EFFLUENT TOXICITY LIMITATIONS AND MONITORINGREQUIREMENTS1. Chronic Toxicity Testing2. Alternate Monitoring3. Toxicity Reduction Evaluation4. Reporting5. Sampling Frequency Reduction

C. SPECIFIC CRITERIA FOR RECREATIONAL AREAS1. Limitations and Monitoring Requirements2. Exceptions

D. ZONE OF MIXING LIMITAnONS AND MONITORING REQUIREMENTS1. Design Criteria2. Limitations and Monitoring Requirements3. Sampling Locations4. Ocean Outfall Monitoring5. Exceptions

E. SPECIFIC WATER QUALITY PARAMETERS EFFLUENT REQUIREMENTS1. Monitoring Requirements2. Initial Investigation Evaluation Plan3. Increase in Monitoring and Reporting Requirements4. Reduction Evaluation Plan

F. SLUDGE REQUIREMENTS1. General Conditions and Requirements2. Sludge Limitations and Monitoring Requirements3. Requirements for Sludge Disposed of in Municipal Solid Waste Landfills4. Requirements for Sludge Disposed of in Surface Disposal Sites5. Requirements for Sludge that is Land-Applied6. Notification Requirements7. Annual Report

G. PRETREATMENT REQUIREMENTS


PERMIT NO. HI 0020109Page 3

H. WASTEWATER POLLUTION PREVENTION PROGRAM1. Annual Report2. Flow Rate Notification3. Implementation of the Schedule ofCompliance

I. REPORTING REQUIREMENTS1. Monitoring Results2. Noncompliance and Other Incidents3. Other Reporting Requirements

J. SPECIAL REQUIREMENTS1. Schedule of Submission2. Operation and Maintenance3. Power Failures

K. APPENDIX

L. LOCATION MAP

ATTACHMENT A: LOCATION MAP

NPDES STANDARD PERMIT CONDITIONS (Updated as ofDecember 31,2002)


PART APERMIT NO. HI 0020109Page 4

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (based upon adesign treatment capacity of 5.2 million gallons per day)

1. Limitations and ¥onitoring Requirements

During the period beginning with the effective date of this permit and lasting throughJune 30, 2008, the Permittee is authorized to discharge secondary-treated wastewaterfrom Outfall Serial No. 001. The discharges shall be limited and monitored by thePermittee as specified below:

MinimumParameter Discharge Limitation Unit Monitoring Sample Type

Frequency

Flowl NIL MGD Continuous Recorder orTotalizer

30 mg/I

Biochemical 30-day Average 5902 kg/day

Oxygen Demand 853 % Removal 5 Days/Week4 24-Hour

(5-day)l Composite45 mg/I

7-day Average885 2 kg/day

30 mg/I

30-day Average 5902 kg/dayTotal Suspended 853 % Removal 5 Days/Week4 24-Hour

Solids l Composite45 mg/I

7-day Average885 2 kg/day

pH Range 6.0 - 9.05 Standard Unit 5 Days/Week4 Grab

Total Nitrogen N/L mgll Once/Month6 24-HourComposite

Ammonia Nitrogen N/L mg/I Once/Month6 24-HourComposite

Nitrate + Nitrite N/L mg/I Once/Month6 24-HourNitrogen Composite

Total Phosphorus N/L mg/I Once/Month6 24-HourComposite

Turbidity N/L NTU Once/Month6 24-HourComposite

Whole Effluent Chronic 117.84 8 TU. 24-HourToxicity' Once/Month6 CompositeAcute II.78 8 TU.


PART APERMIT NO. HI 0020109PageS

MinimumParameter Discharge Limitation Unit Monitoring Sample Type

Frequency

Enterococci NIL #/100 ml OncelMonth' Grab

24-HourPriority Pollutants lO N/L f.Lg/1 OnceNearll Composite/

Grab lZ

N/LMGDmg/lf.Lg/1kg/daymlNTUTUcTU.

4

10

11

No limitation at this time. Monitoring and reporting required only.Million Gallons Per DayMilligrams Per LiterMicrograms Per LiterKilograms Per DayMillilitersNephelometric Turbidity UnitsChronic Toxicity UnitsAcute Toxicity Units

The Permittee shall monitor both the influent and effluent.

The mass emission rates are based on a discharge flow of 5.2 MGD.

The 30-day average percent removal shall not be less than 85%.

The Permittee shall sample each day of the week (Monday, Tuesday, Wednesday, Thursday,Friday, Saturday, and Sunday) at least once every two months.

The Permittee shall maintain the pH of the effluent within the limits of6.0 and 9.0 unless thePermittee demonstrates that: (I) inorganic chemicals are not added to the waste stream as partof the treatment process; and (2) contributions from the industrial sources do not cause theeffluent discharge to be less than 6.0 or greater than 9.0.

"Once/Month" shall mean once per calendar month.

The Permittee shall conduct whole effluent toxicity monitoring in accordance with theprovisions in Part B of this permit.

Limitation does not apply to monitoring results using trypneustes gratilla.

If the limitation in Part C.l.a is exceeded, then the Permittee shall increase monitoring to fivedays per month, where samples shall be equally spaced at six day intervals or unequally spacedat five, six, seven, or eight day intervals, provided that the total period covered is between 25and 30 days. The Permittee shall not collect consecutive samples on the same day of the week.The Permittee shall continue this sampling frequency until the conditions in Part C.1.b are met.

Priority pollutants are listed under the Act Section 307(a). The priority pollutant scan shallexclude asbestos. Detection levels shall be reported and shall meet the requirements of 40 CFRPart 136.

"Once/Year" shall mean once per calendar year.


12

PART APERMIT NO. HI 0020109Page 6

The Permittee shall analyze for cyanide and the volatile fraction of the toxic organic compoundswith a grab sample. The Permittee shall analyze all other pollutants with composite sample.

2. Sampling Locations

a. The Permittee shall take all influent samples downstream of any additions to thetrunk sewer, upstream of any in-plant return flows, and prior to treatment.

b. The Permittee shall take all effluent samples downstream from any additions tothe facility and any in-plant return flows or disinfection units, and prior tomixing with the receiving waters.

c. The Permittee shall not change sampling locations without the notification toand the approval from the Director ofHealth.


PARTBPERMIT NO. HI 0020109Page 7

B. WHOLE EFFLUENT TOXICITY LIMITATIONS AND MONITORINGREQUIREMENTS

1. Chronic Toxicity Testing

The Permittee shall conduct monthly chronic toxicity tests on flow-weighted 24-hourcomposite effluent samples in accordance with the procedures outlined below.

a. Definition Toxicity

(1) Chronic Toxicity

Chronic toxicity measures a sublethal effect (e.g., reduced growth) toexperimental test organisms exposed to an effluent compared to that of thecontrol organisms. The no observed effect concentration (NOEC) is thehighest effluent concentration to which organisms are exposed in a chronictest, that causes no observable adverse effect on the test organisms (e.g.,the highest concentration of toxicant to which the values for the observedresponses are not statistically significantly different from the controls).Test results shall be reported in TUe, where TUe =100INOEC. For thisdischarge, chronic toxicity for Ceriodaphnia dubia is defined by anexceedance of the chronic toxicity discharge limitation specified inPart A.l of this permit. This chronic toxicity discharge limitation does notapply to monitoring results for toxicity tests using Trypneustes gratilla.Rather, for the purposes of additional (accelerated) testing, toxicityreduction evaluation/toxicity identification evaluation, and reportingrequirements below, chronic toxicity for Trypneustes gratilla is defined byan exceedance of a chronic toxicity threshold value of 117.84 TUe, appliedas a daily maximum.

(2) Acute Toxicity

Acute toxicity is defmed by an exceedance of the acute toxicity dischargelimitation specified in Part A.l of this permit.

b. Test Species and Methods

The Permittee shall conduct chronic toxicity testing on the following speciesusing the methods specified:

(1) Ceriodaphnia dubia using Short-Term Methods for Estimating theChronic Toxicity ofEffluent and Receiving Waters to FreshwaterOrganisms (EPA-821-R-02-013, Fourth Edition, October 2002).


PARTBPERMIT NO. HI 0020109PageS

(2) Trypneustes gratilla using Hawaiian Collector Urchin, TrypneustesGratilla (Hawa'e) Fertilization Test Method 3/16/98 (Adapted by AmyWagner, EPA Region 9 Laboratory, Richmond, CA from a methoddeveloped by George Morrison, EPA, ORD Narragansett, RI and DianeNacci, Science Applications International Corporation, ORD Narragansett,RI). The Permittee shall use updated versions of this method as theybecome available from the EPA.

c. Quality Assurance

(1) A series of five dilutions and a control shall be tested. The series shallinclude the in-stream waste concentration (IWC), two dilutions below theIWC, and two dilutions above the IWC (e.g., 12.5,25,50,75, and 100percent effluent, where IWC = 50). The chronic IWC for this discharge is0.85 percent effluent.

(2) Concurrent testing with reference toxicants shall be conducted forTrypneustes gratilla.

(3) Reference toxicant tests shall be conducted using the same test conditionsas effluent toxicity tests (i.e., same test duration, etc.).

(4) If either the reference toxicant tests or the effluent tests do not meet all testacceptability criteria as specified in the test methods manual, then thePermittee must re-sample and re-test within approximately 14 days.

(5) Control and dilution water should be receiving water or lab water, asdescribed in the test methods manual. If dilution water is different fromculture water, then a second control using culture water shall also betested. To maintain acceptable salinity when conducting effluent testswith Trypneustes gratilla, effluent dilutions shall be adjusted by addinghypersaline brine/GP2 salts and a third control using brine shall also betested.

d. Exceptions

(I) If the Permittee experiences difficulty in obtaining gametes or hasunacceptable control performance while conducting the sea urchinsperm/fertilization bioassay during a monitoring period, the Permitteeshall document its efforts, communicate all attempts to the Director ofHealth, and report all attempts on the discharge monitoring report for thatmonitoring period.

PERMIT ISSUEDMarch 19, 2004

PARTBPERMIT NO. m 0020109Page 9

(2) It shall not be a violation of this pennit if it can be proven to the DirectorofHealth's satisfaction that the inability to perfonn the tests as describedabove was due to circumstances beyond the Pennittee's control.

(3) If the Pennittee demonstrates that the chronic toxicity tests cannot beperfonned reliably, the Permittee may petition the Director ofHealth toperfonn acute toxicity tests in lieu of the chronic tests specified above.The Pennittee shall perfonn acute toxicity tests in accordance with themethods identified in Part B.2 below.

2. Alternate Monitoring (Acute Toxicity Testing)

Beginning 30 days after written approval from the Director ofHealth to perfonn acutetoxicity tests, the Pennittee shall conduct, or have a contract laboratory conduct,monthly static or flow-through acute bioassays on composite effluent samples.

a. Limitation

The acute toxicity discharge limitation is specified in Part A.l of this pennit andbecomes effective for the most sensitive species one year after thecommencement of acute toxicity tests.

b. Test Procedures

(1) The Pennittee shall conduct the acute toxicity testing in accordance withMethods for Measuring the Acute Toxicity ofEffluents to Freshwater andMarine Organisms (EPA-821-R-02-012, Fifth Edition, October 2002).

(2) If necessary, the Permittee may adjust the salinity of a discharge usingsalts to allow testing with marine species.

(3) The Permittee shall conduct tests in 8.5 percent effluent for a period of 96hours unless the methods specify a shorter period for a definitive test for aparticular species (e.g., 48 hours for daphnia).

(4) The Permittee shall test a series of five dilutions and a control. The seriesshall include the instream waste concentration (IWC), two dilutions belowthe IWC, and two dilutions above the IWC. The acute IWC for thisdischarge shall be 8.5 percent effluent.



c. Species Selection

(1) The Permittee shall select three species for monitoring from the EPAmanual identified in Part B.2.a(I). The Permittee may use Ceriodaphniadubia (life stage - 24 hours) in freshwater only. The Permittee shallsubmit the selection to the Director ofHealth for approval within 30 daysafter receiving written approval from the Director ofHealth to performacute toxicity tests.

(2) The Permittee shall obtain written approval from the Director ofHealthbefore changing any of the three selected species after the initialnotification.

(3) The Permittee shall conduct monitoring, at a minimum, on one of the threeselected species each month. The Permittee shall rotate the three selectedspecies on a monthly basis.

3. Toxicity Reduction Evaluation (TRE)

a. Preparation of Initial Investigation TRE Workplan

The Permittee shall submit an initial investigation TRE workplan(approximately 1-2 pages) within 120 days of the effective date of this permit.This workplan shall describe steps which the Permittee intends to follow in theevent that toxicity (as defined) is detected, and at a minimum, shall include thefollowing:

(1) Description of the investigation and evaluation techniques that would beused to identify potential causes/sources of toxicity, effluent variability,and treatment system efficiency.

(2) Description of the facility's method ofmaximizing in-house treatmentefficiency, good housekeeping practices, and a list of all chemicals used inoperation of the facility.

(3) Identification of the organization (e.g. contract laboratory, etc.) that willconduct the evaluation if a toxicity identification evaluation (TIE)becomes necessary.


PARTBPERMIT NO.m 0020109Page 11

b. Additional (Accelerated) Toxicity Testing

(1) If toxicity (as defined) is detected, then the Permittee shall conduct sixadditional tests, one approximately every 14 days, over a 12-week period.Effluent sampling for the first test of the six additional tests shallcommence within approximately 24 hours of receipt of the test resultsexceeding a toxicity discharge limitation (or threshold value).

(2) However, if implementation of the initial investigation TRE workplanindicates the source oftoxicity (e.g., a temporary plant upset, etc.), thenthe Permittee shall conduct only the first test of the six additional testsrequired above. If toxicity (as defined) is not detected in this first test, thePermittee may return to the normal sampling frequency required inPart A.1.of this permit. If toxicity (as defined) is detected in this first test,then Part B.3.c. of this permit shall apply.

(3) If toxicity (as defined) is not detected in any of the six additional testsrequired above, then the Permittee may return to the normal samplingfrequency required in Part A.1 of this permit.

c. Toxicity Reduction Evaluation/Toxicity Identification Evaluation (TRE/TIE)

(1) If toxicity (as defined) is detected in any of the six additional tests, then,based on an evaluation of the test results and additional availableinformation, the Director of Health may determine that the Permittee shallinitiate a TRE, in accordance with the Permittee's initial investigationTRE workplan and Toxicity Reduction Evaluation Guidance for MunicipalWastewater Treatment Plants (EPA 833-B-99-002, 1999). Moreover, thePermittee shall develop and submit to the Director of Health for approval adetailed TRE workplan which includes:

(a) Further actions to investigatelidentify the cause(s) of toxicity.

(b) Actions the Permittee has taken/will take to mitigate the impact ofthe discharge, to correct the noncompliance, and to prevent therecurrence of toxicity.

(c) Schedule under which these actions will be implemented.

(2) As part of this TRE process, the Permittee may initiate a TIE using the testmethods manuals, EPA/600/6-911005F (Phase I), EPA/6001R-92/080(Phase II), and EPA/6001R-92/081 (Phase III), to identify the cause(s) oftoxicity.



(3) If a TREffIE is initiated prior to completion of the accelerated testingschedule required by Part B.3.b of this permit, then the accelerated testingschedule may be terminated, or used as necessary in performing theTREffIE.

4. Reporting

a. The Permittee shall submit a full report of toxicity test results, including anytoxicity testing required by Parts B.3.b and B.3.c of this permit, with the DMRfor the month in which the toxicity tests are conducted. A full report shallconsist of: (1) toxicity test results; (2) dates of sample collection and initiationof each toxicity test; and (3) toxicity discharge limitation (or threshold value).Toxicity test results shall be reported according to the test methods manualchapter on Report Preparation.

If the initial investigation TRE workplan is used to determine that additional(accelerated) toxicity testing is unnecessary, these results shall be submittedwith the DMR for the month in which investigations conducted under the TREworkplan occurred.

b. Within 14 days of receipt of test results exceeding a toxicity discharge limitation(or threshold value), the Permittee shall provide written notification to theDirector of Health of:

(1) Findings of the TRE or other investigation to identify the cause(s) oftoxicity.

(2) Actions the Permittee has taken/will take, to mitigate the impact of thedischarge and to prevent the recurrence of toxicity.

(3) Implementation schedule for corrective actions when corrective actions,including a TRE, have not been completed.

(4) Reason for not taking corrective action, if no action has been taken.

5. Sampling Frequency Reduction

a. If the Permittee has not violated the whole effluent toxicity limitation aftercompleting 24 consecutive months of testing, the Permittee may request areduction in monitoring frequency.



b. Any such reduction of the monitoring frequency' must be approved by theDirector ofHealth in writing, and shall be at the Director ofHealth's solediscretion.

c. A reduction in frequency to once per year or more frequent shall be considered aminor modification for the purposes of 40 CFR Part 124.

d. If the Permittee violates the whole effluent toxicity limitation after a reductionin monitoring frequency becomes in effect, the monitoring frequency shallreturn to once per month for the duration of the permit.

Nothing in Part B waives any remedy or penalty applicable under Chapter 342D, HawaiiRevised Statutes.


PARTCPERMIT NO. HI 0020109Page 14

C. SPECIFIC CRITERIA FOR RECREATIONAL AREAS

1. Limitations and Monitoring Requirements

a. Within 300 meters (1000 feet) of the shoreline, including natural public bathingor wading areas, the enterococci content shall be limited and monitored by thePermittee as specified below:

Minimum SampleParameter Limitation Unit MonitoringFrequency Type

Enterococci 70 #/100 ml Once/Month1 Grabml1

MillilitersMonitoring shall be conducted on the same day that effluent sampling forenterococci is conducted.

b. If the enterococci limitation in Part C.l.a above is exceeded, then the Permitteeshall conduct monitoring as described below:

Limitation Minimum SampleParameter (Geometric Unit MonitoringMean) Frequency Type

Enterococci 7 #1100 ml 5 Days/Month1 Grabml1

MillilitersMonitoring shall be conducted on the same day that effluent sampling forenterococci is conducted. Samples shall be equally spaced at six dayintervals or unequally spaced at five, six, seven, or eight day intervals,provided that the total period covered is between 25 and 30 days.Consecutive samples shall not be collected on the same day of the week.

c. The Permittee shall conduct monitoring in accordance with Part C.l.b until thegeometric mean limitation can be met at least three consecutive times and thecause of the high bacterial counts can be determined, or unless otherwiseinstructed by the Director of Health.

d. Marine recreational waters along sections of coastline where enterococci contentdoes not exceed the standard, as shown by the geometric mean test describedabove, shall not be lowered in quality.


PARTePERMIT NO. HI 0020109Page 15

e. The Permittee shall conduct enterococci analyses in accordance with thefollowing procedures:

(1) Standard Methods, 20th Edition.

(2) Method 1600: Membrane Filter Test Method for Enterococci in Water,EPA-821-R97-004, May 1997.

(3) Method 1106.1: Test Method for Enterococci in Water by the MembraneFilter Method, EPA-600/4-85/076, 1985.

2. Exceptions

Inability to conduct enterococci monitoring due to inclement weather or hazardousconditions which may endanger the lives of the Permittee's personnel shall notconstitute a violation of this permit.


PARTDPERMIT NO. HI 0020109Page 16

D. ZONE OF MIXING LIMITATIONS AND MONITORING REQUIREMENTS

1. Design Criteria

a. The Zone ofMixing shall be established for the assimilation of secondarytreated wastewater at a design flow of 5.2 MGD.

b. The Zone ofMixing shall consist of a rectangular prism. The length and widthof the rectangle at the surface of the receiving water are 746.0 feet and218.5 feet, respectively. The Zone ofMixing extends from the surface of thereceiving waters to the ocean bottom. The diffuser is centered on thelongitudinal axis of the Zone ofMixing.

2. Limitations and Monitoring Requirements

The boundaries of the Zone ofMixing shall be limited and monitored by thePermittee as specified below:

Not to Exceed Not to ExceedGeometric the Given the Given Minimum

Parameter Mean Not to Value More Value More Unit Monitoring SampleE:s:ceed the than Ten than Two TypeGiven Value Percent of the Percent of the Frequency

Time Time

Total Nitrogen 110.00 180.00 250.00 Once/ Grab2Quarter l

Ammonia 2.00 5.00 9.00 Once/ Grab2Nitrogen Quarter1

Nitrate + Nitrite 3.50 10.00 20.00 Once/ Grab2Nitrogen Quarter1

Total 16.00 30.00 45.00 Once/Grab2Phosphorous Quarter1

Chlorophyl 0.15 0.50 1.00 Once"!Grab2Quarter1

Turbidity 0.20 0.50 1.00 NTU Once/ Grab2Quarter1

pH Range 7.6-8.6 Standard Once/CDPUnit Quarter1

Dissolved Not less than 75% Saturation % Once/ CDPOxygen Saturation Quarter1


PARTDPERMIT NO. HI 0020109Page 17

Not to Exceed Not to ExceedGeometric the Given the Given Minimum

Parameter Mean Not to Value More Value More Unit Monitoring SampleExceed the than Ten tbanTwo TypeGiven Value Percent of the Percent of the Frequency

Time Time

Temperature Shall not vary more than 10 C from ambient °COnce/

CDPconditions Quarter l

Shall not vary more than 10% from natural Once/Salinity or seasonal changes considering hydrologic PPT Quarter l CDPinput and oceanographic factors

I!g/I Micrograms Per LiterNTU Nephelometric Turbidity UnitsCDP Continuous Depth Profile° C Degrees CelsiusPPT Parts Per Thousand

The Permittee shall conduct Zone ofMixing monitoring on the same day that the recreationalarea and effluent sampling are conducted.

The Permittee shall monitor surface, mid-depth and bottom.

3. Sampling Locations

The Permittee shall establish at least four sampling stations along the boundaries ofthe Zone ofMixing.

4. Ocean Outfall Monitoring

At least once during the term of this permit, the Permittee shall inspect the oceanoutfall and submit the investigation findings to the Director ofHealth. The outfallinspection shall include, but not be limited to, the investigation of the structuralintegrity, operational status, and maintenance needs.

5. Exceptions

The following circumstances shall not constitute violations to this permit:

a. Exceedances of limitations specified in Part D.2 within the boundaries of theZone ofMixing.

b. Inability to conduct Zone ofMixing monitoring due to inclement weather orhazardous conditions which may endanger the lives of the Permittee's personnel.


PARTEPERMIT NO. HI 0020109Page 18

E. SPECIFIC WATER QUALITY PARAMETERS EFFLUENT REQUIREMENTS

1. Monitoring Requirements

The Permittee shall monitor the effluent for total nitrogen, ammonia nitrogen, nitrate+ nitrite nitrogen, and total phosphorus in accordance with Part A of this permit. Thespecific water quality parameters monitored shall not exceed the following operationsperformance threshold values more than once in 12 consecutive months:

Parameter Threshold Units Monitoring Type of SampleValue Frequency

Total Nitrogen 35.0 mg/l OncelMonth l 24-Hour Composite

Ammonia Nitrogen 25.0 mg/l Once/Month l 24-Hour Composite

Nitrate + Nitrite Nitrogen 30.0 mg/l Once/Month l 24-Hour Composite

Total Phosphorus 7.0 mg/l OncelMonth1 24-Hour Compositemgll Milligrams Per Liter

"Once/Month" shall mean once per calendar month.

2. Initial Investigation Evaluation Plan

a. Within 120 days after the effective date of this permit, the Permittee shallsubmit an initial investigation evaluation plan. At a minimum, the plan shallinclude a brief description of the investigation and evaluation techniques thatwould be used to identify potential causes of the following:

(1) Any exceedance of the parameters listed in the table under Part E.!.

(2) Effluent variability.

(3) Treatment system efficiency.

b. If the monitoring results exceed any of the threshold values specified inPart E.l, the Permittee shall immediately report the initial exceedance andconduct an initial investigation evaluation in with their plan andsubmit the results of the evaluation with the Discharge Monitoring Report forthat monitoring period.


PARTEPERMIT NO. HI 0020109Page 19

3. Increase in Monitoring and Reporting Requirements

If the Permittee exceeds or will exceed the criteria for any parameter specified inPart E.l more than once in 12 consecutive months, the Permittee shall increase themonitoring frequency of those parameters in exceedance to once per week. Themonitoring frequency shall remain at once per week until the monitoring results arebelow the threshold value for three consecutive weeks. After this is achieved,monitoring and reporting for those parameters shall return to once per month. ThePermittee shall submit the monitoring results with the Discharge Monitoring Reportfor the month in which the exceedances occurred.

4. Reduction Evaluation Plan

a. If the Permittee exceeds or will exceed the criteria for any parameter specified inPart E.l more than twice in 12 consecutive months, or if requested by theDirector ofHealth, the Permittee shall submit a reduction evaluation plan andimplementation schedule within 45 calendar days after the third exceedance orrequest by the Director ofHealth.

b. The reduction evaluation shall determine the cause ofexceedance, outlinemeasures that will be or have been implemented to ensure compliance with thecriteria, and include an implementation schedule.

c. Upon completion of the reduction evaluation, this permit may be modified, oralternatively revoked and reissued, in order to incorporate appropriate permitconditions and implementation schedules.


PARTFPERMIT NO. HI 0020109Page 20

F. SLUDGE REQUIREMENTS

1. General Conditions and Requirements

a. Acceptable Sludge Use/Disposal Practices

(1) The Permittee shall dispose of all sludge generated at the facility at amunicipal solid waste landfill, at a sludge surface disposal site, by landapplication, or by transferring the sludge to another party for furthertreatment, use, or disposal in accordance with all applicable portions of40 CFR Parts 257, 258, 503 and HAR, Chapters 11-58.1 and 11-62.

(2) Storage of sludge for over two years from the time it is generated shall beconsidered to be surface disposal. The storage site shall meet all therequirements of a surface disposal site under 40 CFR Part 503 Subpart Cand HAR, Chapters 11-58.1 and 11-62. If the Permittee desires to storesludge for longer periods of time prior to final disposal, the Permittee shallsubmit a written request to the EPA Regional Sludge Coordinator andDirector ofHealth containing the information required under40 CFR Section 503.20(b).

(3) The Permittee shall dispose of sludge containing more than 50 mg/kg ofPCBs in accordance with 40 CFR Part 761.

(4) If the Permittee desires to dispose of sludge using a method not listedabove, the Permittee shall submit a request for permit modification to EPARegional Sludge Coordinator and Director ofHealth 180 days prior to thecommencement of the alternate disposal practice.

b. Duty to Mitigate

(l) The Permittee shall be responsible for ensuring the following:

(a) All sludge produced at its facility is used/disposed of in accordancewith 40 CFR Parts 257, 258, 503, and HAR, Chapters 11-58.1 and11-62, whether the Permittee uses/disposes of the sludge itself ortransfers it to another party for further treatment, use, or disposal.

(b) Subsequent preparers, appliers, or disposers of the sludge areinformed of the requirements under 40 CFR Parts 257, 258,503, andHAR, Chapters 11-58.1 and 11-62.


PARTFPERMIT NO. m 0020109Page 21

(c) Sludge is not allowed to enter waters of the United States, or tocontaminate an underground drinking water source.

(d) Sludge treatment, storage, use, and disposal does not create a publicnUIsance.

(e) Haulers who ship non-Class A sludge off-site for additionaltreatment, use, or disposal take all necessary measures to keep sludgecontained.

(2) The Permittee shall take all reasonable steps to prevent or minimize anysludge use or disposal which has a likelihood of adversely affecting humanhealth or the environment.

c. Other Conditions

(1) The Director ofHealth may promptly modify or revoke and reissue thispermit to incorporate any applicable standard for sewage sludge use ordisposal promulgated under the Act Section 405(d), or adopted underHRS, Chapter 342D or HAR, Chapter 11-62, if the standard is morestringent than the standard in this permit or covers a pollutant or practicenot covered in this permit.

(2) The sludge requirements in this part are supplemental to the otherconditions of this permit. In the event of a conflict, those requirementsmore protective of the environment shall apply.

(3) The requirements in 40 CFR Part 503 are enforceable by the EPAindependently ofbeing included in this permit.

2. Sludge Limitations and Monitoring Requirements

a. Sludge shall be limited and monitored by the Permittee as specified below:

(1) Sludge Disposed of in Municipal Solid Waste Landfills

Monitoring Parameter/ Test Proeedures Limitation MonitoringFrequeuey

Paint Filter Test (SW-486, No "Free Liquids"] Once/YearEPA Method 9095)

Toxicity Characteristic Leaching 2 Once/YearProcedure(TCLP) Test2



Monitoring Parameter/ Test Procedures Limitation MonitoringFrequency

Priority Pollutants3 N/A Once/Year4

N/A Not Applicable

"Free liquids" as defined in EPA Method 9095

The parameters to be tested by the TCLP test and their limitations are specified in40 CFR Section 261.24, Table I - Maximum Concentration of Contaminants forthe Toxicity Characteristic.

Priority pollutants are listed under the Act Section 307(a).

4 The Permittee shall test for priority pollutants more frequently if required under thepretreatment program.

(2) Sludge Disposed of in Surface Disposal Sites (Sludge-only Landfill orDisposal on Land Not for the Purpose ofhnproving Plant Growth)

Limitation (Mg/kg)Monitoring MonitoringParameter/ TestProcedures Frequency

0 25n!! 1<50f1li 1<75M<10M '<11$11:1:6. tim

Arsenic! 30 34 39 46 53 62 73 z

Chromium! 200 220 260 300 360 450 600 z

Nickel! 210 240 270 320 390 420 420 z

TCLP Test3 3 OnceNear

Priority Pollutants4 N/A Once/Yearsm MeterN/A Not Applicable

The Permittee shall monitor for this parameter only if sludge is disposed of in aunit with no liner and leachate system. Limitations are based on the distance(meters) from the active sludge unit boundary to the nearest property line.

Monitoring frequency shall be determined by the following table:


PARTFPERMIT NO. ill 0020109Page 23

Annual Production, Dry Weight Frequency(Metric Tons/365 Days)

0-290 OncelYear

290 - 1,500 Once/Quarter

1,500 - 15,000 Once/60 days

Over 15,000 Once/month

The parameters to be tested by the TCLP test and their limitations are specified in40 CFR Section 261.24, Table I - Maximum Concentration of Contaminants forthe Toxicity Characteristic.


The Permittee shal1 test for priority pol1utants more frequently if required under thepretreatment program.

(3) Sludge that is Land-Applied (Added to Soil for the Purpose of ImprovingPlant Growth)

Monitoring Parameterl Test Limitation (Mglkg) MonitoringProcedures Frequency

1Arsenic 41

1Cadmium 39

1Copper 1,500

1Lead 300

1Mercury 17

1Molybdenum 100

1Nickel 420

1Selenium 100

1Zinc 2,800

TCLP test22

OncelYear

Priority Pollutants] N/A OnceIYear4

mg/kg Milligrams per kilogramN/A Not Applicable



Monitoring frequency shall be determined by the following table:

Annual Production, Dry Weight Frequency(Metric Tons/365 Days)

0-290 Once/Year

290 - 1,500 Once/Quarter

1,500 - 15,000 Once/60 days

Over 15,000 Once/month

The parameters to be tested by the TCLP test and their limitations are specified in40 CFR Section 261.24, Table 1 - Maximum Concentration of Contaminants forthe Toxicity Characteristic.

3

4


The Permittee shall test for priority pollutants more frequently if required under thepretreatment program.

b. The Permittee shall develop a representative sampling plan for monitoringtoxics reduction, including the number and location of sampling points.

(1) If sludge generated at the facility is land applied or disposed at a surfacedisposal site, the sampling plan shall also include pathogens and vectorattraction reduction monitoring.

(2) If pathogen reduction is determined by time and temperature, the plan shallbe designed to determine temperatures throughout the batch being treated.

(3) Ifwindrow composting is used, temperature shall be measured at leastonce for each 150 feet ofwindrow, and include measurements at depths of12 to 24 inches below the surface.

3. Requirements for Sludge Disposed of in Municipal Solid Waste Landfills

a. The Permittee shall dispose sludge in municipal solid waste landfills that meetthe requirements of 40 CFR Part 258 and HAR, Chapter 11-58.1.

b. Sludge shall not contain "free liquids" as defined by EPA Method 9095 (PaintFilter Liquids Test).


PARTFPERMIT NO.m 0020109Page 25

4. Requirements for Sludge Disposed of in Surface Disposal Sites (Sludge-only Landfillor Disposal on Land Not for the Purpose of Improving Plant Growth)

a. Sludge that is disposed of in a sludge-only landfill shall meet the generalrequirements, pollutant limits (for surface disposal sites without liners andleachate systems), management practices, and operational standards in 40 CFRPart 503 Subpart C and additional pollutant limits requested by the Director ofHealth.

b. The Permittee shall have a qualified groundwater scientist develop agroundwater monitoring program for the surface disposal site or certify that theplacement of sludge on the site will not cause aquifer contamination.

5. Requirements for Sludge that is Land-Applied (Added to Soil for the Purpose ofImproving Plant Growth)

a. Exceptional quality sludge shall not be subject to the general requirements under40 CFR Section 503.12 and management practices under 40 CFRSection 503.14 unless the Director ofHealth determines that these requirementsare necessary to protect public health and the environment.

b. Preparers and appliers ofnon-exceptional quality sludge shall meet the generalrequirements and management practices specified in 40 CFR Part 503Subpart B; Class A or B pathogen reduction levels with the associated accessrestrictions specified in 40 CFR Section 503.32; and one of the ten vectorattraction reduction requirements specified in 40 CFR Sections 503.33(b)(l)through 503.33(b)(l0).

c. Preparers ofnon-exceptional quality sludge shall provide a written notificationof the nitrogen content of the sludge to all appliers.

d. Appliers of non-exceptional quality sludge shall determine the agronomic ratefor the crops to be grown and certify that the sludge is applied at a rate notexceeding the agronomic rate determined for each crop.

6. Notification Requirements

a. If sludge other than exceptional quality sludge is shipped to another state or toIndian lands, the Permittee shall send 60 days prior notice of the shipment to thepermitting authorities in the receiving state or Indian land (the EPA RegionalOffice for that area and the State or Indian authorities).



b. The Permittee shall notify the EPA Regional Sludge Coordinator and theDirector ofHealth of any non-compliance that may seriously endanger publichealth or the environment within 24 hours after becoming aware of thenoncompliance. A written noncompliance report shall be submitted,postmarked, or faxed within five working days after the Permittee becomesaware of the noncompliance.

c. The Permittee shall report all other instances of noncompliance not reportedunder Part F.6.b at the time discharge monitoring reports are submitted asrequired by Part 1.1 of this permit.

7. Annual Report

By February 19th ofeach year, the Permittee shall submit an annual report on sludgemanagement activities during the previous calendar year to the EPA Regional SludgeCoordinator and the Director ofHealth. The report shall provide the followinginformation:

a. Total amount of sludge generated that year and a breakdown of theusage/disposal methods employed (in dry weight, metric tons).

b. Results of all monitoring required by Part F.2.

c. If sludge was disposed in a municipal solid waste landfill, then the Permitteeshall include the following certification statement:

"I certify under the penalty of law, that the paint filter test and toxicitycharacteristic leaching procedure test requirements have been met, and thatvector attraction reduction requirements have been met by the municipal solidwaste landfill. This determination has been made under my direction andsupervision in accordance with the system designed to assure that qualifiedpersonnel properly gather and evaluate the information used to determine thatthe necessary requirements have been met. I am aware that there are significantpenalties for false certification including fine and imprisonment."

d. If sludge was disposed in a surface disposal site, the following information shallbe included:

(1) Requirements specified in 40 CFR Section 503.27.

(2) Name and mailing address of surface disposal operator if different fromPermittee.



(3) Location (street address and latitude and longitude) of surface disposalsite.

(4) Results of groundwater monitoring, or a copy of a certification by agroundwater scientist (including the scientist's name, title, and phonenumber) that the placement of sludge at the surface disposal site will notcause aquifer contamination.

e. If sludge was land-applied, the following information shall be included:

(1) Requirements specified in 40 CFR Section 503.17(a) for all facilitiespreparing sludge for land application or reference to that facility's report, ifsubmitted to EPA separately.

(2) Names and addresses of all facilities receiving the non-exceptional qualitysludge, including land appliers and those facilities providing furthertreatment/blending prior to land application.

(3) Location of land application sites of non-exceptional quality sludge (streetaddress, latitude and longitude) and sizes ofparcels.

(4) Crops grown, agronomic rate for the crops grown, and certification by theland appliers ofnon-exceptional quality sludge that the sludge was appliedat a rate not exceeding the agronomic rate determined for each crop.

(5) Copies of other certification statements by land appliers of non-exceptional quality sludge.

f. If sludge was stored, the following information shall also be included:

(1) Age of stored sludge.

(2) Name and mailing address of operator of storage site if different fromPermittee.

(3) Location of stored sludge (street address, latitude and longitude).

g. If sludge was disposed using other methods, descriptions of the methodsemployed and the locations (street address, latitude and longitude) of theusage/disposal sites shall be included.



h. Annual reports shall be submitted to the following agencies:

(1) State ofHawaiiDepartment ofHealthEnvironmental Management DivisionClean Water Branch919 Ala Moana Boulevard, Room 301Honolulu, HI 96814-4920

(2) Regional Sludge Coordinator (WTR-7)Environmental Protection Agency , Region 975 Hawthorne StreetSan Francisco, CA 94105


PARTGPERMIT NO.m 0020109Page 29

G. PRETREATMENT REQIDREMENTS

1. The Permittee shall be responsible and liable for the performance of all ControlAuthority (as defined in 40 CFR Section 403.l2(a)) pretreatment requirementscontained in 40 CFR Part 403, including any subsequent regulatory revisions. Where40 CFR Part 403 or subsequent revisions place mandatory actions upon the Permitteeas Control Authority but do not specify a timetable for completion of the actions, thePermittee shall complete the required actions within six months from the issuancedate of this permit or the effective date of the 40 CFR Part 403 revisions, whichevercomes later. For violations ofpretreatment requirements, the Permittee shall besubject to enforcement actions, penalties, fines and other remedies by the EPA orother appropriate parties, as provided in the Act. The DOH and EPA may initiateenforcement action against a nondomestic user for noncompliance with applicablestandards and requirements, as provided in the Act.

2. The Permittee shall enforce the requirements promulgated under Sections 307(b),307(c), 307(d) and 402(b) of the Act with timely, appropriate and effectiveenforcement actions. The Permittee shall cause all nondomestic users subject tofederal categorical standards to achieve compliance no later than the date specified inthose requirements or, in the case of a new nondomestic user, upon commencement ofthe discharge.

3. The Permittee shall perform the pretreatment functions as required in 40 CFRPart 403, including, but not limited to the following:

a. Implementation of the necessary legal authorities as provided in 40 CFRSection 403.8(f)(1).

b. Enforcement of the pretreatment requirements in Sections 40 CFR 403.5 and403.6.

c. Implementation of the programmatic functions as provided in 40 CFRSection 403.8(f)(2).

d. Providing the requisite funding and personnel to implement the pretreatmentprogram as provided in 40 CFR Section 403.8(f)(3).

4. The Permittee shall submit annually to the DOH and EPA a report describing itspretreatment activities over the previous year. In the event that the Permittee is not incompliance with any conditions or requirements of this permit, then the Permitteeshall also include the reasons for noncompliance and state how and when thePermittee shall comply with such conditions and requirements. This annual report


PARTGPERMIT NO. HI 0020109Page 30

shall cover operations from January 1 through December 31, and is due on March31st of the following year. The report shall contain, but not be limited to, thefollowing information:

a. Summary of analytical results from representative, flow proportioned, 24-hourcomposite sampling of the facility's influent and effluent for those pollutants theEPA has identified under section 307(a) of the Act which are known orsuspected to be discharged by nondomestic users. This will consist ofwastewater sampling and analysis in accordance with the minimum frequency ofanalysis stated in Part A of this permit. The Permittee shall not be required tosample and analyze for asbestos. Sludge monitoring is covered in Part F of thispermit. The Permittee shall also provide any influent or effluent monitoringdata for non-priority pollutants which the Permittee believes may be causing orcontributing to Interference or Pass Through. Sampling and analysis shall beperformed with the techniques prescribed in 40 CFR Part 136.

b. Discussion ofUpset, Interference, or Pass Through incidents, if any, at thefacility which the Permittee knows or suspects were caused by nondomesticusers of the collection system. The discussion shall include the reasons why theincidents occurred, the corrective actions taken and, if known, the name andaddress of the nondomestic user(s) responsible. The discussion shall alsoinclude a review of the applicable pollutant limitations to determine whether anyadditional limitations, or changes to existing requirements, may be necessary toprevent Interference or Pass Through.

c. Updated list of the Permittee's significant industrial users (Sills) including theirnames and addresses, and a list of deletions, additions and Sill name changeskeyed to the previously submitted list. The Permittee shall provide a briefexplanation for each change. The list shall identify the Sills subject to federalcategorical standards by specifying which set(s) of standards are applicable toeach Sill. The list shall also indicate which Sills are subject to locallimitations.

d. Characterizations of the compliance status of each Sill by providing a list ortable which includes the following information:

(1) Name of the Sill.

(2) Category, if subject to federal categorical standards.

(3) Type ofwastewater treatment or control processes in place.



(4) Number of samples taken by the Permittee during the year.

(5) Number of samples taken by the SID during the year.

(6) For an SID subject to discharge requirements for total toxic organics,whether all required certifications were provided.

(7) List of the standards violated during the year. Identify whether theviolations were for categorical standards or local limits.

(8) Whether the facility is in significant noncompliance as defined at 40 CFRSection 403.8(f)(2)(vii) at any time during the year.

(9) Summary of enforcement or other actions taken during the year to returnthe SID to compliance. Describe the type of action, final compliance date,and the amount of fines and penalties collected, if any. Describe anyproposed actions for bringing the SID into compliance.

e. Brief description of any programs the Permittee implements to reduce pollutantsfrom nondomestic users that are not classified as SIDs.

f. Brief description of any significant changes in operating the pretreatmentprogram which differ from the previous year including, but not limited to,changes concerning the program's administrative structure, local limits,monitoring program or monitoring frequencies, legal authority, enforcementpolicy, funding levels, or staffing levels.

g. Summary of the annual pretreatment budget, including the cost ofpretreatmentprogram functions and equipment purchases.

h. Summary of activities to involve and inform the public of the program includinga copy of the newspaper notice, if any, required in 40 CFRSection 403.8(f)(2)(vii).

5. The Permittee shall submit semi-annual SID compliance status reports to the DirectorofHealth and the EPA. The report shall cover the first six months of the calendaryear and shall be due on July 31st of the same year. The report shall contain thefollowing:

a. Name and address of all SIDs which violated any discharge or reportingrequirements during the report period.



b. Description of the violations including whether any discharge violations werefor categorical standards or local limits.

c. Description of the enforcement or other actions that were taken to remedy thenoncompliance.

d. Status of active enforcement and other actions taken in response to Sillnoncompliance identified in previous reports.

e. Implementation and compliance status of the BMP-based animal and vegetableoil and grease control program.


PARTHPERMIT NO. HI 0020109Page 33

H. WASTEWATER POLLUTION PREVENTION PROGRAM

1. Annual Report

By May 31st of each year, the Permittee shall submit an annual report summarizingthe critical parameters which impact the operations of the facility to the Director ofHealth. The report shall include, at a minimum, the evaluation of the followingcritical parameters:

a. Flow.

b. Biochemical oxygen demand loading.

c. Suspended solids loading.

d. Toxic pollutants or impacts of septic wastes.

e. Growth potential of the service area.

f. hnpact ofnew regulations.

g. Bypasses and overflows.

h. Effectiveness and condition of the facility's collection system.

1. Reported design capacity in permit.

J. Treatment capacity based on additional information.

2. Flow Rate Notification

The Permittee shall notify the Director ofHealth and the Regional Administrator inwriting not later than 90 days after the 30-day average dry weather discharge flow ratefirst equals or exceeds 75% of the actual treatment capacity of the facility as reportedabove in Part H.1.j. The report shall include:

a. Date on which the 30-day average discharge flow rate first equals or exceeds75% of the actual treatment capacity of the facility.

b. Estimate ofwhen the 30-day average discharge flow rate will equal or exceedthe actual treatment capacity of the facility.


PARTHPERMIT NO. HI 0020109Page 34

c. Schedule of compliance to provide additional treatment capacity before the30-day average discharge flow rate equals the actual treatment capacity of thefacility.

3. Implementation of the Schedule ofCompliance

a. The Permittee shall comply with the provisions of the schedule of complianceafter approval by the Director ofHealth.

b. The Permittee shall initiate contingency plans to provide additional treatmentcapacity not later than 90 days following the date on which the 30-day averagedischarge flow rate fIrst equals or exceeds 85% of the actual treatment capacityof the facility as reported in Part H.l.j.

c. The Director ofHealth may grant a special exemption to eliminate therequirement for a contingency plan. The Permittee shall request such exemptionin writing and may include the request in the annual report. The Director ofHealth shall notify the Permittee in writing ofhis decision.


PART IPERMIT NO.m 0020109Page 35

I. REPORTING REQUIREMENTS

1. Monitoring Results

a. The Permittee shall summarize and report monitoring results obtained duringthe previous monitoring period on a Discharge Monitoring Report (DMR) Form(EPA No. 3320-1).

b. The Permittee shall submit the results of all monitoring required by this permitin such a format as to allow direct comparison with the limitations andrequirements of this permit.

c. The Permittee shall have monitoring reports postmarked no later than the 28thday of the month following the completed monitoring period.

d. The Permittee shall submit duplicate signed copies of these, and all other reportsrequired herein, to the Regional Administrator and the Director ofHealth at thefollowing addresses:

(1) Regional AdministratorEnvironmental Protection Agency, Region 9Water DivisionCWA Compliance Office (WTR-7)75 Hawthorne StreetSan Francisco, CA 94105

(2) Director ofHealthState ofHawaiiDepartment ofHealthEnvironmental Management DivisionClean Water Branch919 Ala Moana Boulevard, Room 301Honolulu, Hawaii 96814-4920

2. Noncompliance and Other Incidents

The following requirements replace the 24-hour notice requirements for bypasses(Standard NPDES Conditions Section 17(d)(2)(B) and 40 CFRSection 122.41(l)(6)(ii)(A)) and upsets (Standard NPDES Conditions Section18(c)(3) and 40 CFR Section 122.41(l)(6)(ii)(B)).


PART IPERMIT NO. HI 0020109Page 36

a. Immediate Reporting

(1) In the event of a bypass, upset, or sewage spill resulting in or contributingto a discharge to State waters, the Permittee shall orally notify theDepartment ofHealth at the time the Permittee's authorized personnelbecome aware of the circumstances, but no later than 24 hours after theevent.

(2) In the event of a bypass, upset, or sewage spill resulting in or contributingto a discharge of 1,000 gallons or more to State waters, the Permittee shallorally notify the Department ofHealth and the AP news wire services atthe time the Permittee's authorized personnel become aware of thecircumstances, but no later than 24 hours after the event.

(3) In the event of an exceedance of a daily maximum discharge limitation, ifany exist, the Permittee shall orally notify the Department ofHealth at thetime the Permittee's authorized personnel becomes aware of thecircumstances, but no later than 24 hours after the event.

b. Contact for Oral Reports

(1) The Permittee shall make oral reports during regular office hours(7:45 a.m. to 4:30 p.m.) to the Department ofHealth, Clean Water Branchat 586-4309.

(2) The Permittee shall make oral reports outside of regular office hours to theState-On-Scene Coordinator (SOSC) from the Office ofHazard Evaluationand Emergency Response (HEER) at 226-3799, or to the State HospitalOperator at 247-2191.

c. Written Submission

(1) For those noncompliances requiring immediate reporting, the Permitteeshall submit a written noncompliance report. The Permittee shall submitthe report to the Department ofHealth, Clean Water Branch at the addresslisted in Part I.l.d within five working days after the Permittee's authorizedpersonnel becomes aware of the noncompliance.

(2) The report shall contain a description of the noncompliance and its cause;the period of noncompliance, including exact dates and times; if thenoncompliance has not been corrected, the anticipated time it is expectedto continue; public notice efforts, if any; clean-up efforts, if any; and steps


PART IPERMIT NO. HI 0020109Page 37

taken or planned to reduce, eliminate and prevent reoccurrence of thenoncompliance.

(3) The Director ofHealth may waive the written report or the five daydeadline on a case-by-case basis for spills, bypasses, upsets, and violationsof daily maximum discharge limitations if the oral report has beenreceived within 24 hours of the noncompliance or when the Permittee'sauthorized personnel becomes aware of the noncompliance.

d. Other Noncompliance

The Permittee shall report all ,other instances ofnoncompliance not reportedunder Part 1.2.a at the time DMRs are submitted as required by Part 1.1 of thispermit. The noncompliance reports shall contain the information requested inPart 12.c(2) of this permit.

3. Other Reporting Requirements

The Permittee shall comply with the reporting requirements of 40 CFR Sections122.41(1)(1) through 122.41(1)(5), and 122.41(1)(8) as incorporated by StandardNPDES Permit Conditions, Section 16. Parts 11 and 1.2 of this permit supersede therequirements of 40 CFR Sections 122.41(1)(6) and 122.41(1)(7).


PARTJPERMIT NO. HI 0020109Page 38

J. SPECIAL REQUIREMENTS

1. Schedule of Submission

a. Monitoring Programs

The Permittee shall submit updated versions of the following to the Director ofHealth within 90 days from the effective date of this permit:

(1) Effluent monitoring program detailing the sampling requirementsspecified in Part A of this permit.

(2) Whole effluent toxicity monitoring program detailing the requirementsspecified in Part B of this permit.

(3) Recreational area monitoring program detailing the sampling requirementsspecified in Part C of this permit.

(4) Zone ofMixing monitoring program detailing the sampling requirementsspecified in Part D of this permit.

(5) Sludge monitoring program detailing the requirements specified inPart F.2.b of this permit.

(6) Process control program detailing the treatment facility monitoring andsampling procedures.

The Permittee shall continue to implement the current plans until the revisedprograms are submitted to the Director ofHealth. The revised programs shouldbe implemented beginning the month they are submitted. The Permittee shalladdress all comments regarding the plans to the Director ofHealth's satisfaction.

b. Annual Reports

(1) By February 19th of each year, the Permittee shall submit an annual reporton sludge management activities during the previous calendar year to theEPA Regional Sludge Coordinator and the Director ofHealth as specifiedin Part G of this permit.

(2) By March 31st of each year, the Permittee shall submit an annual report onthe Permittee's pretreatment activities over the previous calendar year tothe Regional Administrator and the Director ofHealth as specified inPart H of this permit.



(3) By May 31st of each year, the Pennittee shall submit an annual reportsummarizing the critical parameters which impact the operations of thefacility to the Director ofHealth as specified in Part I of this pennit.

c. Semi-Annual Reporting

By July 31st (covering the period beginning on January 1st and ending onJune 30th) of each year, the Pennittee shall submit a semi-annual SIDcompliance status report to the Department ofHealth and the EPA as outlined inPart H.5 of this pennit.

d. Other Submittals

(1) Within 120 days after the effective date of this pennit, the Pennittee shallsubmit an initial investigation toxicity reduction evaluation workplan tothe Director ofHealth as specified in Part B.3.a of this pennit.

(2) The Pennittee shall submit ocean outfall investigation findings to theDirector ofHealth as specified in Part D.4 of this pennit with the annualassessment report for the year the outfall inspection is conducted.

(3) Within 120 days after the effective date of this pennit, the Pennittee shallsubmit an initial investigation evaluation plan to the Director ofHealth asspecified in Part E.2 of this pennit.

2. Operation and Maintenance

The Pennittee shall submit a schedule for approval by the Director ofHealth at leastten working days prior to any maintenance of facilities which the Pennitteedetennines may result in effluent limitations being exceeded. The schedule shallcontain a description of the maintenance and its purpose; the period ofmaintenance,including exact dates and times; and steps taken or planned to reduce, eliminate, andprevent occurrence of noncompliance.

3. Power Failures

In order to maintain compliance with the effluent limitations and prohibitions of thispennit, the Pennittee shall either:

provide an alternate power source sufficient to operate the wastewater treatmentfacilities;



or, if an alternate power source is not available,

halt, reduce or otherwise control production and/or all discharges upon thereduction, loss, or failure of the primary source ofpower to the wastewatercontrol facilities.


"

PARTKPERMIT NO. HI 0020109Page 41

K. APPENDIX

Definitions

I. Bypass

Bypass means the intentional diversion ofwaste streams from any portion of atreatment facility.

2. Composite Sample (24-Hour) for Effluent Monitoring

Composite sample means a combination of at least eight sample aliquots, collected atperiodic intervals during a 24-hour period. The composite must be flow proportional;either the time interval between each aliquot or the volume of each stream flow at thetime of sampling or the total stream flow since the collection of the previous aliquot.Aliquots may be collected manually or automatically.

3. Daily Maximum

The "Daily Maximum" is the "Maximum Daily Concentration" as defined in theStandard NPDES Permit Conditions.

4. Design Capacity

Design capacity is the theoretical capacity of a facility developed without the benefitof operating records.

5. Exceptional Quality Sludge

Sludge that meets the pollutant concentration limits in Tables I and ill of40 CFRSection 503.13; Class A pathogen limits; and one of the vector attraction reductionrequirements in 40 CFR Sections 503.33(b)(I) through 503.33(b)(8).

6. Grab Sample

Grab sample means an individual sample collected at a randomly-selected time over aperiod not exceeding 15 minutes.

7. Geometric Mean

Geometric mean shall be calculated using the results from the current monitoringperiod and those from the previous monitoring periods such that the total time span ofthe monitoring periods used for the calculation encompasses one (l) year. The


PARTKPERMIT NO. HI 0020109Page 42

defmition of a geometric mean can be found in Standard NPDES Permit Conditions,Section 3.k.

8. 7-day Average

The "7-day Average" is the "Average Weekly Concentration" as defined in theStandard NPDES Permit Conditions.

9. 3D-day Average

The "3D-day Average" is the "Average Monthly Concentration" as defined in theStandard NPDES Permit Conditions.

10. Treatment Capacity

Treatment capacity is the actual capacity of a facility developed based on the actualoperating records.

11. Treatment Facility

Treatment facility is all processes designed to improve the quality of the wastewaterwhich is intended to be discharged as plant effluent.

12. Trunk Sewer

Trunk sewers are large sewers that are used to convey wastewater from main sewersto the treatment facility.

13. Upset

Upset means an exceptional incident in which there is unintentional and temporarynoncompliance with technology based permit effluent limitations because of factorsbeyond the reasonable control of the Permittee. An upset does not includenoncompliance to the extent caused by operational error, improperly designedtreatment facilities, inadequate treatment facilities, lack ofpreventive maintenance, orcareless or improper operation.

14. Waste Stream

Waste stream is wastewater which enters the plant and is intended to be discharged asplant effluent.


'.

L. Location Map

See Attachment A


PARTLPERMIT NO. HI 0020109Page 43

0020109.FNL

Yamada, Stuart H

From:Sent:To:Cc:

Subject:

Joanna,

Steinberger, Timothy E [[email protected]]Wednesday, January 12, 2011 5:08 PMSeto, Joanna LHamada, Wayne; Whelan, Joseph; Kurano, Matthew; Tsuji, Michael; Wong, Alec Y; Gill, GaryL.; Ichinotsubo, Lene K; Chang, Steven Y; Yamada, Stuart H; Viola, Dana M aRe: Contingency Plan for Discharge from Waimanalo Gulch Sanitary Landfill (HIR50A533)

Based on my notes of our conversation, your e-mail goes far beyond as to what was discussed and agreed upon

Tim Steinberger

From: seto, Joanna L <[email protected]>To: Steinberger, Timothy ECc: Hamada, Wayne; Whelan, Joseph; Kurano, Matthew <[email protected]>; Tsuji, Michael<[email protected]>; Wong, Alec Y <[email protected]>; Gill, Gary L.<[email protected]>; Ichinotsubo, Lene K <[email protected]>; Chang, Steven Y<[email protected]>; Yamada, Stuart H <[email protected]>Sent: Wed Jan 12 15:59:40 2011Subject: Contingency Plan for Discharge from Waimanalo Gulch Sanitary Landfill (HIR50A533)

Subject: Contingency Plan for Discharge of Contaminated Storm Water from Waimanalo Gulch Sanitary..t.andfill,Kapolei, Island of Oahu, HawaiiNGPC File No. HI RSOAS33


Thank you for speaking with the Department of Health (DOH), Environmental Management Division (EMD), Solid andHazardous Waste Branch (SHWB) and Clean Water Branch (CWB) on January 10 and 11,2011. We'd like to take thisopportunity to reiterate the main points of the conversations.

1. Regarding the potential need to discharge contaminated storm water from the E6 cell and/or the sedimentationbasin in the event of another rain event which inundates the cell with contaminated storm water:

If the CCH and Waste Management makes the decision that contaminated storm water MUST be discharged fromthe E6 cell, the decision will be considered a {(business decision" by the responsible persons. In preparation for thepotential discharge of contaminated storm water, please submit a Contingency Plan which, at a minimum, includesthe following elements:

a. Notification to Michael (Mike) Tsuji of DOH-CWB at 586-4309 (during work hours) or (after workhours) or via email to [email protected] before any unpermitted discharge so a coordinated effortcan be made to manage the event by CCH and Waste Management.

b. Notification to the public of the discharge of potentially contaminated storm water via a press release.

c. Posting of "contaminated water" signs in the vicinity of the discharge to State waters.

1

d. As the facility will still be subject to Hawaii and Federal Water Pollution rules and regulations and should makeevery good faith effort to mitigate any potential human or environmental harm potentially associated with theunpermitted discharge.

Efforts should be made to monitor discharge and receiving water to insure human and environmental health.The monitoring plan should take into consideration the standard leachate sampling parameters as detailed inthe facility's quarterly monitoring report, as well as the Waianae WWTP's Effluent Limitations and MonitoringRequirements in Part A, including whole effluent toxicity tests (NPDES Permit No. HI 0020109, issued March 19,2004 - attached).

Please be aware that under typical conditions, the contaminated storm water can only be treated for disposal at asecondary wastewater treatment plant (Le., Waianae WWTP or Kailua Regional WWTP).


The DOH-SHWB will acknowledge Waste Management's informal request to start operating in the upper E6 cellarea. That opening of the upper E6 area should allow for an additional six (6) weeks of operational capacity. Duringthe next 4-6 weeks, it is expected that the landfill will continue to reduce the contaminated storm water currentlyimpounded on the E6 cell through its leachate handling protocols. The following points are for your consideration:

a. The CCH and Waste Management estimate that approximately 240,000 gallons of the impounded storm watercan be hauled from the landfill to the Waianae and/or Kailua Regional WWTPs per day.

b. DOH-SHWB understands that you have completed an engineering assessment on a portion of Cell E-6 inresponse to the flooding and plan to utilize this portion of E-6 as soon as tomorrow.

c. Barring an unforeseen event, the landfill should have adequate space to continue operating while addressingthe impounded water in the E6 cell.

d. The landfill needs to take actions to prevent run-on from filling the E6 cell. That means keeping the 36" stormdrain line located above the E6 cell open and free from becoming impacted. The DOH recognizes that thecurrent design on the 36" storm drain line has become unviable during the previous two (2) rain events and hasserious concerns that it will plug again exacerbating the problem.

e. The western drainage system will take about two (2) more weeks of construction to prevent hillside runoff intothe E6 cell.

f. The landfill is prohibited from bulk liquid disposal by State and federal regulations.

3. The Deputy Director has requested that the DOH-CWB, CCH, and Waste Management coordinate a response to anypotential event which may jeopardize human/environmental health associated with the current landfill situation.DOH offers its assistance for any public safety type responses (e.g., posting signs, notifying the public), orcoordination efforts.

We are anxious to see your contingency plans for rerouting storm water run-on from the mauka lands away oraround the landfill to avoid interfering with landfill operation and introducing contaminants into the storm water.


Thank you,Joanna

2

Joanna L. SetoActing Chief andEngineering Section SupervisorClean Water BranchState of Hawaii Department of HealthPhone: (808) 586 - 4309Fax: (808) 586-4352

Notice: This information ilnd attachments are intended only for the use of the indfvidual(s) or entity to which it is addressed, and may contain information that is privileged and/or confidential. If the reader of this messageis not the intended recipient, any dissemination, distribution, or copying of this communication is strictly prohibited and may be punishable under state and federal law. If you have received this communication and/orattachments in error, please notify the sender via e-mail immediate'" and destro,/ all electronic and paper copies.

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2011 01-12

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