From:            Tsuji, MichaelTo:              ColaJoann@epamail.epa.gov;cc:              Kurano, Matthew; Seto, Joanna L...
Yamada, Stuart HFrom:                       Okubo, Janice S.Sent:                       Wednesday, January 12, 2011 10:33 ...
lawsuit wants the university they want the federal court to order them to stop using social securitynumbers on campuses. A...
to boil water before drinking it. Soundbite: maui county spokesperson, rod antone, "it is just not worth it     taking a c...
<,     Miyashiro, Thomas     From:                       Whelan, Joseph [JWhelan1@wm.com]     Sent:                       ...
Miyashiro, ThomasFrom:                       Miyashiro, ThomasSent:                       Thursday, January 13, 2011 11:17...
808-668-1366 Fax808-479-4610 Mobile Waste Managements landfills provide over 17,000 acres ofprotected land for wildlife ha...
Page 1 of2·From:                         Boyle, Ron [Ron.Boyle@aecom.com] Sent:                         Wednesday, January...
Page 2 of2Ron Boyle, P.E.Senior Engineer. EnvironmentD 808.356.5321 Cell 808.497.5941ron.boyle@aecom.comAECOM Technical Se...
., I     ..                                                               /                                               ...
From:             Steinberger, Timothy ETo:               Gill, Gary L.; Chang, Steven Y;                  Seto, Joanna L;...
January 12,2011Honorable Gary GillDeputy DirectorEnvironmental Health AdministrationState of Hawaii, Department of Health1...
On Tuesday, December 21,2010, CWB inspectors inspected WGSL, with the assistanceof Justin Lottig of WMH who fully disclose...
under the law, DOH asserts that it was to be treated as leachate as provided in the SWMPermit.Potential Public Health Emer...
collection systems, wastewater sludge facilities, recycled water systems, and       individual wastewater systems.The drai...
If you have any questions or concerns, please feel free to contact me at 768-3486.                                     Ver...
From:               Seto, Joanna LTo:                 "tsteinberger@honolulu.gov";cc:                 "whamada@honolulu.go...
and environmental health. The monitoring plan should take into consideration the     standard leachate sampling parameters...
We are anxious to see your contingency plans for rerouting storm water run-on from      the mauka lands away or around the...
Yamada, Stuart HFrom:                           Seto, Joanna LSent:                           Wednesday, January 12, 2011 ...
The DOH-SHWB will acknowledge Waste Managements informal request to start operating in the upper E6 cell       area. That ...
PERMIT NO. HI 0020109                AUTHORIZATION TO DISCHARGE UNDER THE           NATIONAL POLLUTANT DISCHARGE ELIMINATI...
PERMIT NO. HI 0020109                                                       Page 2                                 TABLE O...
PERMIT NO. HI 0020109                                                      Page 3H.   WASTEWATER POLLUTION PREVENTION PROG...
PART A                                                                         PERMIT NO. HI 0020109                      ...
PART A                                                              PERMIT NO. HI 0020109                                 ...
PART A                                                              PERMIT NO. HI 0020109                                 ...
PARTB                                                           PERMIT NO. HI 0020109                                     ...
PARTB                                                   PERMIT NO. HI 0020109                                             ...
PARTB                                                        PERMIT NO. m 0020109                                         ...
PARTB                                                        PERMIT NO. HI 0020109                                        ...
PARTB                                                    PERMIT NO. m 0020109                                             ...
PARTB                                                        PERMIT NO. HI 0020109                                        ...
PARTB                                                       PERMIT NO. HI 0020109                                         ...
PARTC                                                           PERMIT NO. HI 0020109                                     ...
PARTe                                                    PERMIT NO. HI 0020109                                            ...
PARTD                                                                         PERMIT NO. HI 0020109                       ...
PARTD                                                                PERMIT NO. HI 0020109                                ...
PARTE                                                                    PERMIT NO. HI 0020109                            ...
PARTE                                                      PERMIT NO. HI 0020109                                          ...
PARTF                                                            PERMIT NO. HI 0020109                                    ...
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  1. 1. From: Tsuji, MichaelTo: ColaJoann@epamail.epa.gov;cc: Kurano, Matthew; Seto, Joanna L;Subject: Waimanalo Gulch Landfill dischargeDate: Wednesday, January 12,201110:31:10 AMAttachments: Dwg1 Limits of Liner System. pdf Stormwater 12232010.pdf 101223 Waimanalo Gulch Landfill Discharge final.pdfJoann,Attached are: 1. CWBs inspection report on the landfill, December 23, 2010. 2. Waimanalo Gulch Landfills drawing of the E6 cell where thestormwater collected and contacted the trash. 3. Rainfall dataBelow 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.cspxWhen 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
  2. 2. Yamada, Stuart HFrom: Okubo, Janice S.Sent: Wednesday, January 12, 2011 10:33 AMTo: Gill, Gary L.; Yamada, Stuart H; Chang, Steven Y; Wong, Alec Y; Tsuji, Matthew; Tsuji, Michael; Seto, Joanna LSubject: TV News Clips for landfill and brown water advisory -- FW: Dateline Media, Inc. Search Department of Health Found 3 StoriesFYI --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:ted@dateline-media.com]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 1. JAN 112011 SUNRISE ON KGMB Nielsen Audience: 30,310 Calculated Ad.iiV7:00AM HI Equivalency: $1,092 []ORDER KGMB-CBS HONOLULU, Run Time: 2:36 Calculated Publicity Value: HI $3,276 30-Second Ad Equivalency: $210 [**07:12:05**] rnPreview Clip Morning news headline: guest live remote: university of Hawaii student brissa 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. Thats right. Uh getting into session for the spring term. Just yesterday. And weve been mentioning traffic and weather, but students are starting to pour on campus. With the new year brings new discussions about privacy breaches. Just after 1:00 today, officials here is going to be meeting with some tech can is from can ies from the state and city. Theyre going to be talking about ways and steps they can take. This comes as a result of the class action lawsuit med in November against the university on behalf of a former uh student who says his social security number made it out online. Heres his attorney. Soundbite: victims attorney Thomas grande. "Our client in it case, felipe gross discovered in February of this year that four other individuals had been using his social security number. He discovered that when hes plied with a grant with the State Department OF HEALTH. Several month later he was informed business 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
  3. 3. 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. Weve 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 dont want to be a victim,and I think its 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 thats going to be a real optionwith the university, and would you agree with that?2. JAN 11 2011 WAKEUP2DAY Nielsen Audience: 13,987 Calculated Ad Equivalency: $1,400 [ ]ORDER KHON-FOX HONOLULU, Run Time: 2:20 Calculated Publicity Value: HI $4,200 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 islands 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. Its 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 ends up here, at the waters edge behind ko olina resort. Soundbite: cox, "itpresents a problem but its a problem we cant 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 months 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 doesnt mean you should beswimming in the area after a big rain. Soundbite: sen. Josh green, "avoid it, you know its 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, hes 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, Hawaiis news leaderwaste management says its permit with the STATE HEALTH DEPARTMENT does allow it todischarge storm water into the ocean. JAN 112011 HAWAII AT 5 Nielsen Audience: 44,660 Calculated Ad Equivalency: $750 []ORDER KHON-FOX HONOLULU, Run Time: 0:50 Calculated Publicity Value: HI $2,250 30-Second Ad Equivalency: $450[**05:02:27 PM**] [Eh>review Clip News headline: last nights 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 nights 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
  4. 4. to boil water before drinking it. Soundbite: maui county spokesperson, rod antone, "it is just not worth it taking a chance to use the water from tap right now because it has been exposed we just dont know what is in there and we dont want anyone getting sick. Water testing is taking place and the department of water supply will notify customers when it is safe to drink water from the tap.Report Generated: 2011/01/1208:37:44.742 (CT)Total Story Count: 3Total Nielsen Audience: 88,957Total 30-Second Ad Equivalency: $960Total Run Time: 5:46Total Calculated Ad Equivalency: $3,242Total Calculated Publicity Value: $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. Any reproduction, sale or distribution is prohibited. Portions © 2009 Nielsen Media Research, Inc. Ratings data contained herein are the copyrighted property of Nielsen Media Research, Inc. All Rights Reserved. 3
  5. 5. <, Miyashiro, Thomas From: Whelan, Joseph [JWhelan1@wm.com] Sent: Wednesday, January 12, 2011 3:51 PM To: Miyashiro, Thomas; Ichinotsubo, Lene K Cc: Lottig, Justin; Frey, Jesse; Von Pein, Rick Subject: Request for Approval to Resume Cell 6 Waste Receipts Attachments: DOCCELL 6 .pdf; Assessment of Northwestern Portion of Cell E6 for MSW Placement Waimanalo Gulch Sanitary Landfill.htm Greetings Lene & Tom. Please find attached the report from AECOM, QC firm for the Cell 6 construction project, which addresses the Departments concerns over our resuming operations in Cell 6. I would appreciate your review and providing an email approval to resume disposal activities within cell 6 at this time. Please contact me with any questions 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 Sanitary Landfill.htm» General Manager Waste Management of Hawaii 808-668-2985, ext. 15 Office 808-668-1366 Fax 808-479-4610 Mobile Waste Managements landfills provide over 17,000 acres of protected land for wildlife habitats and 15 landfills are certified by the Wildlife Habitat Council. Waste Management recycles enough paper every year to save 41 million trees. Please recycle any printed emails. 1
  6. 6. Miyashiro, ThomasFrom: Miyashiro, ThomasSent: Thursday, January 13, 2011 11:17 AMTo: Whelan, JosephCc: Ichinotsubo, Lene K; Fujimoto, Janice K; Ruiz, Jose A; jlottig@wm.com;jfrey@wm.com; rvonpein@wm.com; Chang, Steven Y; Yamada, Stuart HSubject: RE: Request for Approval to Resume Cell 6 Waste ReceiptsHi Joe: We acknowledge receipt and have no adverse comments on your submittal of AECOMs 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,TomFrom: Whelan, Joseph [mailto:JWhelan1@wm.com]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 ReceiptsGreetings 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 ManagerWaste Management of Hawaii808-668-2985, ext. 15 Office 1
  7. 7. 808-668-1366 Fax808-479-4610 Mobile Waste Managements 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
  8. 8. Page 1 of2·From: Boyle, Ron [Ron.Boyle@aecom.com] Sent: Wednesday, January 12, 2011 2:31 PM To: Whelan, Joseph Cc: Frey, Jesse; Frerich, Dan; Lottig, Justin Subject: Assessment of Northwestern Portion of Cell E6 for MSW Placement, Waimanalo Gulch sanitary LandfillHi Joe,It is AECOMs 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 to large rocks that were rolled down from the Western Surface Water Drainage excavation last week. The sideslope liner is covered by approximately 3 feet of operations layer (sand material) on the bench and 2 feet on the sideslope and was previously placed in accordance with the project specifications. Due to recent rains (late December 2010), erosion gullies had formed in the sideslope operations layer but these areas were repaired by Goodfellow Brothers, Inc. (GBI) prior to excavating and pushing rocks down from above. Based on discussions with GBI personnel and field observations, it appears that the operations layer was intact and provided the necessary protection to the liner from the rocks rolled down from above. There are large rocks/boulders spread along the E-6liner bench and floor that should be removed carefully with an excavator to prevent damage to the underlying liner and leachate collection layer. On Wednesday, 1/12/11, AECOMs CQA representative (Dan Frerich) observed that the rocks on the floor of the cell were carefully removed 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 to the encapsulated liner system as a result of recent flooding events. Based on AECOMs observations, it appears this area did not sustain any significant damage from flooding. The edge of liner in this area was constructed in accordance with Detail W shown on sheet no. 10 of the drawings prepared by Geosyntec (dated January 2010). The northern edge of the liner system along the cell floor was buried in a l-foot deep trench, then backfilled will soil cushion material and covered with pieces of plywood. This edge was then covered with a 4.5-foot high stormwater diversion berm constructed with compacted soil cushion material. The edge of E6 floor liner further to the east at the E4 liner tie-in area was damaged by the recent storm flows due to it being at a lower elevation. An assessment of the damage in this tie-in area is currently underway. 3. On Wednesday, 1/12/11, AECOM observed the northwestern edge of the Cell E6 floor for any potential damage to the LCRS gravel layer. Based on AECOMs observations, it appears that there were minimal impacts from the recent storm flows to this area. Because the overlying operations layer and MSW placed in 2010 are visually intact, it is expected that the underlying LCRS gravel layer is intact. Additionally, a layer of 10 oz/sy geotextile filter layer fabric protects the underlying gravel from infiltration of silt. The leading edge of the LCRS gravel layer will be exposed later in 2011 for completion 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 further clogging of the temporary drainage inlet no. 1. An approximately 15-foot high temporary berm was constructed across the valley floor yesterday to contain runoff and direct it into the drainage inlet. It was agreed that the area surrounding the inlet should be dug down to the level of the inlet riser by removing mud and rocks that had accumulated from previous storm events. This will increase the storage capacity for debris accumulation in future events. A berm of large boulders will be stacked just upstream of the inlet to act as an energy dissipater and hold back debris from clogging the inlet grate. AECOMs 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.file://C:Documents and SettingstmiyashiroLocal SettingsTemporary Inter... 2/17/2011
  9. 9. Page 2 of2Ron Boyle, P.E.Senior Engineer. EnvironmentD 808.356.5321 Cell 808.497.5941ron.boyle@aecom.comAECOM Technical Services1001 Bishop Street, Suite 1600Honolulu, HI 96813T 808.523.8874 F 808.523.8950www.aecom.comfile://C:Documents and SettingstmiyashiroLocal SettingsTemporary Inter... 2/17/2011
  10. 10. ., I .. / / / / / ,:: / cv" 9) . ,,-•,," .: "I., --- --------
  11. 11. From: Steinberger, Timothy ETo: Gill, Gary L.; Chang, Steven Y; Seto, Joanna L;Subject: WGSL StormwaterDate: Wednesday, January 12, 2011 9:45:14 PMAttachments: WGSL letter to DOH 1-12-11.docPlease 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
  12. 12. January 12,2011Honorable Gary GillDeputy DirectorEnvironmental Health AdministrationState of Hawaii, Department of Health1250 Punchbowl StreetHonolulu, HI 96813Mr. Steven ChangBranch ChiefSolid and Hazardous Waste BranchState of Hawaii, Department of Health919 Ala Moana BoulevardRoom 300Honolulu, HI 96814-4920Ms. Joanna L SetoActing Branch ChiefClean Water BranchState of Hawaii, Department of Health919 Ala Moana BoulevardRoom 300Honolulu, HI 96814-4920 Re: Waimanalo Gulch Sanitary Landfill (WGSL) Storm Water DrainageDeputy Director Gary Gill and Mr. Chang and Ms. Seto:I am writing in response to Department of Health (DOH), Clean Water Branchs(CWBs) 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).
  13. 13. On Tuesday, December 21,2010, CWB inspectors inspected WGSL, with the assistanceof Justin Lottig of WMH who fully disclosed to the CWB inspectors WMHs actions inresponse to the storm. The CWB inspectors left without indicating to WMH that theyhad any concerns regarding WMHs actions.Two days after the CWB inspection, on December 23, 2010, in response to WMHscourtesy 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 WMHs 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.ENVs 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
  14. 14. 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 of Oahu.Therefore, notwithstanding its belief that the storm water is not leachate, at DOHsinsistence, 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 of WGSL.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 of Honolulu (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 of WGSL 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 CWBs 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 sludge treatment, use, and disposal systems, including all wastewater treatment works,
  15. 15. collection systems, wastewater sludge facilities, recycled water systems, and individual 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 waterrunoff would have been directed to the sewer system. The fact that DOH instead requiredthe surface water drainage system directly negates the characterization of runoff aswastewater.eWBs 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 DOHs 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 WGSLs 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 DOHsdirection and/or with DOHs approval. (We are in possession ofeWBs 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 SHWBs and eWBs 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 of WGSL, 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 of public healthand safety.
  16. 16. If you have any questions or concerns, please feel free to contact me at 768-3486. Very truly yours, Timothy Steinberger
  17. 17. From: Seto, Joanna LTo: "tsteinberger@honolulu.gov";cc: "whamada@honolulu.gov"; "]Whelanl@wm.com"; Kurano, Matthew; Tsuji, Michael; Wong, Alec Y; Gill, Gary L.; Ichinotsubo, Lene K; Chang, Steven Y; Yamada, Stuart H;Subject: Contingency Plan for Discharge from Waimanalo Gulch sanitary Landfill (HIR50A533)Date: Wednesday, January 12, 2011 3:59:00 PMAttachments: 0020109.fnl.pdf Subject: Contingency Plan for Discharge of Contaminated Storm Water from Waimanalo Gulch Sanitary Landfill, Kapolei, Island of Oahu, Hawaii NGPC File No. HI RSOAS33Dear 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. Wed like to take this opportunity toreiterate the main points of the conversations. 1. Regarding the potential need to discharge contaminated storm water from the E6 cell and/or the sedimentation basin 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 from the E6 cell, the decision will be considered a "business decision" by the responsible persons. In preparation for the potential discharge of contaminated storm water, please submit a Contingency Plan which, at a minimum, includes the following elements: a. Notification to Michael (Mike) Tsuji of DOH-CWB at 586-4309 (during work hours) or (after work hours) or via email to michael.tsuji@doh.hawaii. gov before any unpermitted discharge so a coordinated effort can 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 make every good faith effort to mitigate any potential human or environmental harm potentially associated with the unpermitted discharge. Efforts should be made to monitor discharge and receiving water to insure human
  18. 18. and environmental health. The monitoring plan should take into consideration the standard leachate sampling parameters as detailed in the facilitys quarterly monitoring report, as well as the Waianae WWTPs Effluent Limitations and Monitoring Requirements 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 onlybe treated for disposal at a secondary wastewater treatment plant (i.e., WaianaeWWTP or Kailua Regional WWTP).2. Regarding the landfills need to continue receiving solid waste.The DOH-SHWB will acknowledge Waste Managements 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 240,000 gallons of the impounded storm water can 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 in response 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 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 and free from becoming impacted. The DOH recognizes that the current design on the 36/1 storm drain line has become unviable during the previous two (2) rain events and has serious 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 into the 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 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.
  19. 19. We are anxious to see your contingency plans for rerouting storm water run-on from the mauka lands away or around the landfill to avoid interfering with landfill operation and introducing contaminants into the storm water.Please call or email if you have any questions.Thank you,JoannaJoanna l. SetoActing Chief andEngineering Section SupervisorClean Water BranchState of Hawaii Department of HealthPhone: (808) 586 - 4309Fax: (808) 586-4352Notice: 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.
  20. 20. Yamada, Stuart HFrom: Seto, Joanna LSent: Wednesday, January 12, 2011 4:00 PMTo: tsteinberger@honolulu.govCc: whamada@honolulu.gov; JWhelan1 @wm.com; Kurano, Matthew; Tsuji, Michael; Wong, Alec Y; Gill, Gary L.; Ichinotsubo, Lene K; Chang, Steven Y; Yamada, Stuart HSubject: Contingency Plan for Discharge from Waimanalo Gulch Sanitary Landfill (HIR50A533)Attachments: 0020109.fnl.pdfSubject: Contingency Plan for Discharge of Contaminated Storm Water from Waimanalo Gulch Sanitary Landfill, Kapolei, Island of Oahu, Hawaii NGPC File No. HI R50AS33Dear Mr. Steinberger,Thank you for speaking with the Department of Health (DOH), Environmental Management Division (EM D), Solid andHazardous Waste Branch (SHWB) and Clean Water Branch (CWB) on January 10 and 11,2011. Wed 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 sedimentation basin 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 from the E6 cell, the decision will be considered a "business decision" by the responsible persons. In preparation for the potential discharge of contaminated storm water, please submit a Contingency Plan which, at a minimum, includes the following elements: a. Notification to Michael (Mike) Tsuji of DOH-CWB at 586-4309 (during work hours) or (after work hours) or via email to michael.tsuji@doh.hawaiLgov before any unpermitted discharge so a coordinated effort can 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 make every good faith effort to mitigate any potential human or environmental harm potentially associated with the unpermitted 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 in the facilitys quarterly monitoring report, as well as the Waianae WWTPs Effluent Limitations and Monitoring Requirements 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 a secondary wastewater treatment plant (Le., Waianae WWTP or Kailua Regional WWTP).2. Regarding the landfills need to continue receiving solid waste. 1
  21. 21. The DOH-SHWB will acknowledge Waste Managements informal request to start operating in the upper E6 cell area. That opening of the upper E6 area should allow for an additional six (6) weeks of operational capacity. During the next 4-6 weeks, it is expected that the landfill will continue to reduce the contaminated storm water currently impounded 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 water can 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 in response 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 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 and free from becoming impacted. The DOH recognizes that the current design on the 36" storm drain line has become unviable during the previous two (2) rain events and has serious 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 into the 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 any potential 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), or coordination efforts. We are anxious to see your contingency plans for rerouting storm water run-on from the mauka lands away or around the landfill to avoid interfering with landfill operation and introducing contaminants into the storm water.Please call or email if you have any questions.Thank you,JoannaJoanna L. SetoActing Chief andEngineering Section SupervisorClean Water BranchState of Hawaii Department of HealthPhone: (808) S86 - 4309Fax: (808) 586-4352Notice: 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
  22. 22. PERMIT NO. HI 0020109 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL 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 of Health, State of Hawaii, CITY AND COUNTY OF HONOLULU DEPARTMENT 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 o 2536"N, Longitude l58°l201"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 of Health "StandardNPDES Permit Conditions," dated December 31,2002. All references to Title 40 of the Code of Federal 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 of March, 2004 (For) Director of Health PERMIT ISSUED March 19,2004
  23. 23. PERMIT NO. HI 0020109 Page 2 TABLE OF CONTENTSA. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Limitations and Monitoring Requirements 2. Sampling LocationsB. WHOLE EFFLUENT TOXICITY LIMITATIONS AND MONITORING REQUIREMENTS 1. Chronic Toxicity Testing 2. Alternate Monitoring 3. Toxicity Reduction Evaluation 4. Reporting 5. Sampling Frequency ReductionC. SPECIFIC CRITERIA FOR RECREATIONAL AREAS 1. Limitations and Monitoring Requirements 2. ExceptionsD. ZONE OF MIXING LIMITAnONS AND MONITORING REQUIREMENTS 1. Design Criteria 2. Limitations and Monitoring Requirements 3. Sampling Locations 4. Ocean Outfall Monitoring 5. ExceptionsE. SPECIFIC WATER QUALITY PARAMETERS EFFLUENT REQUIREMENTS 1. Monitoring Requirements 2. Initial Investigation Evaluation Plan 3. Increase in Monitoring and Reporting Requirements 4. Reduction Evaluation PlanF. SLUDGE REQUIREMENTS 1. General Conditions and Requirements 2. Sludge Limitations and Monitoring Requirements 3. Requirements for Sludge Disposed of in Municipal Solid Waste Landfills 4. Requirements for Sludge Disposed of in Surface Disposal Sites 5. Requirements for Sludge that is Land-Applied 6. Notification Requirements 7. Annual ReportG. PRETREATMENT REQUIREMENTS PERMIT ISSUED March 19,2004
  24. 24. PERMIT NO. HI 0020109 Page 3H. WASTEWATER POLLUTION PREVENTION PROGRAM 1. Annual Report 2. Flow Rate Notification 3. Implementation of the Schedule of ComplianceI. REPORTING REQUIREMENTS 1. Monitoring Results 2. Noncompliance and Other Incidents 3. Other Reporting RequirementsJ. SPECIAL REQUIREMENTS 1. Schedule of Submission 2. Operation and Maintenance 3. Power FailuresK. APPENDIXL. LOCATION MAPATTACHMENT A: LOCATION MAPNPDES STANDARD PERMIT CONDITIONS (Updated as of December 31,2002) PERMIT ISSUED March 19,2004
  25. 25. PART A PERMIT NO. HI 0020109 Page 4A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (based upon a design 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 through June 30, 2008, the Permittee is authorized to discharge secondary-treated wastewater from Outfall Serial No. 001. The discharges shall be limited and monitored by the Permittee as specified below: Minimum Parameter Discharge Limitation Unit Monitoring Sample Type Frequency Recorder or Flow l NIL MGD Continuous Totalizer 30 mg/I 2 30-day Average 590 kg/day Biochemical 24-Hour Oxygen Demand 85 3 % Removal 5 Days/Week 4 Composite (5-day)l 45 mg/I 7-day Average 2 885 kg/day 30 mg/I 2 30-day Average 590 kg/day Total Suspended 3 24-Hour 85 % Removal 5 Days/Week 4 Solids l Composite 45 mg/I 7-day Average 885 2 kg/day 5 pH Range 6.0 - 9.0 Standard Unit 5 Days/Week 4 Grab 24-Hour Total Nitrogen N/L mgll Once/Month 6 Composite 24-Hour Ammonia Nitrogen N/L mg/I Once/Month 6 Composite Nitrate + Nitrite 24-Hour N/L mg/I Once/Month6 Nitrogen Composite 24-Hour Total Phosphorus N/L mg/I Once/Month6 Composite 24-Hour Turbidity N/L NTU Once/Month 6 Composite 8 Whole Effluent Chronic 117.84 TU. 24-Hour Once/Month 6 Toxicity Acute II. 78 8 TU. Composite PERMIT ISSUED March 19,2004
  26. 26. PART A PERMIT NO. HI 0020109 PageS Minimum Parameter Discharge Limitation Unit Monitoring Sample Type Frequency Enterococci NIL #/100 ml OncelMonth Grab 24-Hour Priority Pollutants lO N/L f.Lg/ 1 OnceNearll Composite/ Grab lZN/L No limitation at this time. Monitoring and reporting required only.MGD Million Gallons Per Daymg/l Milligrams Per Literf.Lg/1 Micrograms Per Literkg/day Kilograms Per Dayml MillilitersNTU Nephelometric Turbidity UnitsTU c Chronic Toxicity UnitsTU. Acute 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%.4 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 the Permittee demonstrates that: (I) inorganic chemicals are not added to the waste stream as part of the treatment process; and (2) contributions from the industrial sources do not cause the effluent 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 the provisions 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 five days per month, where samples shall be equally spaced at six day intervals or unequally spaced at five, six, seven, or eight day intervals, provided that the total period covered is between 25 and 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.10 Priority pollutants are listed under the Act Section 307(a). The priority pollutant scan shall exclude asbestos. Detection levels shall be reported and shall meet the requirements of 40 CFR Part 136.11 "Once/Year" shall mean once per calendar year. PERMIT ISSUED March 19,2004
  27. 27. PART A PERMIT NO. HI 0020109 Page 6 12 The Permittee shall analyze for cyanide and the volatile fraction of the toxic organic compounds with 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 the trunk sewer, upstream of any in-plant return flows, and prior to treatment. b. The Permittee shall take all effluent samples downstream from any additions to the facility and any in-plant return flows or disinfection units, and prior to mixing with the receiving waters. c. The Permittee shall not change sampling locations without the notification to and the approval from the Director of Health. PERMIT ISSUED March 19,2004
  28. 28. PARTB PERMIT NO. HI 0020109 Page 7B. WHOLE EFFLUENT TOXICITY LIMITATIONS AND MONITORING REQUIREMENTS 1. Chronic Toxicity Testing The Permittee shall conduct monthly chronic toxicity tests on flow-weighted 24-hour composite 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) to experimental test organisms exposed to an effluent compared to that of the control organisms. The no observed effect concentration (NOEC) is the highest effluent concentration to which organisms are exposed in a chronic test, that causes no observable adverse effect on the test organisms (e.g., the highest concentration of toxicant to which the values for the observed responses are not statistically significantly different from the controls). Test results shall be reported in TUe , where TUe =100INOEC. For this discharge, chronic toxicity for Ceriodaphnia dubia is defined by an exceedance of the chronic toxicity discharge limitation specified in Part A.l of this permit. This chronic toxicity discharge limitation does not apply to monitoring results for toxicity tests using Trypneustes gratilla. Rather, for the purposes of additional (accelerated) testing, toxicity reduction evaluation/toxicity identification evaluation, and reporting requirements below, chronic toxicity for Trypneustes gratilla is defined by an exceedance of a chronic toxicity threshold value of 117.84 TUe, applied as a daily maximum. (2) Acute Toxicity Acute toxicity is defmed by an exceedance of the acute toxicity discharge limitation specified in Part A.l of this permit. b. Test Species and Methods The Permittee shall conduct chronic toxicity testing on the following species using the methods specified: (1) Ceriodaphnia dubia using Short-Term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to Freshwater Organisms (EPA-821-R-02-013, Fourth Edition, October 2002). PERMIT ISSUED March 19,2004
  29. 29. PARTB PERMIT NO. HI 0020109 PageS (2) Trypneustes gratilla using Hawaiian Collector Urchin, Trypneustes Gratilla (Hawae) Fertilization Test Method 3/16/98 (Adapted by Amy Wagner, EPA Region 9 Laboratory, Richmond, CA from a method developed by George Morrison, EPA, ORD Narragansett, RI and Diane Nacci, Science Applications International Corporation, ORD Narragansett, RI). The Permittee shall use updated versions of this method as they become available from the EP A.c. Quality Assurance (1) A series of five dilutions and a control shall be tested. The series shall include the in-stream waste concentration (IWC), two dilutions below the IWC, and two dilutions above the IWC (e.g., 12.5,25,50,75, and 100 percent effluent, where IWC = 50). The chronic IWC for this discharge is 0.85 percent effluent. (2) Concurrent testing with reference toxicants shall be conducted for Trypneustes gratilla. (3) Reference toxicant tests shall be conducted using the same test conditions as effluent toxicity tests (i.e., same test duration, etc.). (4) If either the reference toxicant tests or the effluent tests do not meet all test acceptability criteria as specified in the test methods manual, then the Permittee must re-sample and re-test within approximately 14 days. (5) Control and dilution water should be receiving water or lab water, as described in the test methods manual. If dilution water is different from culture water, then a second control using culture water shall also be tested. To maintain acceptable salinity when conducting effluent tests with Trypneustes gratilla, effluent dilutions shall be adjusted by adding hypersaline brine/GP2 salts and a third control using brine shall also be tested.d. Exceptions (I) If the Permittee experiences difficulty in obtaining gametes or has unacceptable control performance while conducting the sea urchin sperm/fertilization bioassay during a monitoring period, the Permittee shall document its efforts, communicate all attempts to the Director of Health, and report all attempts on the discharge monitoring report for that monitoring period. PERMIT ISSUED March 19, 2004
  30. 30. PARTB PERMIT NO. m 0020109 Page 9 (2) It shall not be a violation of this pennit if it can be proven to the Director of Healths satisfaction that the inability to perfonn the tests as described above was due to circumstances beyond the Pennittees control. (3) If the Pennittee demonstrates that the chronic toxicity tests cannot be perfonned reliably, the Permittee may petition the Director of Health to perfonn acute toxicity tests in lieu of the chronic tests specified above. The Pennittee shall perfonn acute toxicity tests in accordance with the methods identified in Part B.2 below.2. Alternate Monitoring (Acute Toxicity Testing) Beginning 30 days after written approval from the Director of Health to perfonn acute toxicity 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 and becomes effective for the most sensitive species one year after the commencement of acute toxicity tests. b. Test Procedures (1) The Pennittee shall conduct the acute toxicity testing in accordance with Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms (EPA-821-R-02-012, Fifth Edition, October 2002). (2) If necessary, the Permittee may adjust the salinity of a discharge using salts to allow testing with marine species. (3) The Permittee shall conduct tests in 8.5 percent effluent for a period of 96 hours unless the methods specify a shorter period for a definitive test for a particular species (e.g., 48 hours for daphnia). (4) The Permittee shall test a series of five dilutions and a control. The series shall include the instream waste concentration (IWC), two dilutions below the IWC, and two dilutions above the IWC. The acute IWC for this discharge shall be 8.5 percent effluent. PERMIT ISSUED March 19,2004
  31. 31. PARTB PERMIT NO. HI 0020109 Page 10 c. Species Selection (1) The Permittee shall select three species for monitoring from the EPA manual identified in Part B.2.a(I). The Permittee may use Ceriodaphnia dubia (life stage - 24 hours) in freshwater only. The Permittee shall submit the selection to the Director of Health for approval within 30 days after receiving written approval from the Director of Health to perform acute toxicity tests. (2) The Permittee shall obtain written approval from the Director of Health before changing any of the three selected species after the initial notification. (3) The Permittee shall conduct monitoring, at a minimum, on one of the three selected species each month. The Permittee shall rotate the three selected species 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 the event that toxicity (as defined) is detected, and at a minimum, shall include the following: (1) Description of the investigation and evaluation techniques that would be used to identify potential causes/sources of toxicity, effluent variability, and treatment system efficiency. (2) Description of the facilitys method of maximizing in-house treatment efficiency, good housekeeping practices, and a list of all chemicals used in operation of the facility. (3) Identification of the organization (e.g. contract laboratory, etc.) that will conduct the evaluation if a toxicity identification evaluation (TIE) becomes necessary. PERMIT ISSUED March 19,2004
  32. 32. PARTB PERMIT NO. m 0020109 Page 11b. Additional (Accelerated) Toxicity Testing (1) If toxicity (as defined) is detected, then the Permittee shall conduct six additional tests, one approximately every 14 days, over a 12-week period. Effluent sampling for the first test of the six additional tests shall commence within approximately 24 hours of receipt of the test results exceeding a toxicity discharge limitation (or threshold value). (2) However, if implementation of the initial investigation TRE workplan indicates the source oftoxicity (e.g., a temporary plant upset, etc.), then the Permittee shall conduct only the first test of the six additional tests required above. If toxicity (as defined) is not detected in this first test, the Permittee may return to the normal sampling frequency required in Part 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 tests required above, then the Permittee may return to the normal sampling frequency 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 available information, the Director of Health may determine that the Permittee shall initiate a TRE, in accordance with the Permittees initial investigation TRE workplan and Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants (EPA 833-B-99-002, 1999). Moreover, the Permittee shall develop and submit to the Director of Health for approval a detailed 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 of the discharge, to correct the noncompliance, and to prevent the recurrence 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 test methods 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) of toxicity. PERMIT ISSUED March 19,2004
  33. 33. PARTB PERMIT NO. HI 0020109 Page 12 (3) If a TREffIE is initiated prior to completion of the accelerated testing schedule required by Part B.3.b of this permit, then the accelerated testing schedule may be terminated, or used as necessary in performing the TREffIE.4. Reporting a. The Permittee shall submit a full report of toxicity test results, including any toxicity testing required by Parts B.3.b and B.3.c of this permit, with the DMR for the month in which the toxicity tests are conducted. A full report shall consist of: (1) toxicity test results; (2) dates of sample collection and initiation of each toxicity test; and (3) toxicity discharge limitation (or threshold value). Toxicity test results shall be reported according to the test methods manual chapter on Report Preparation. If the initial investigation TRE workplan is used to determine that additional (accelerated) toxicity testing is unnecessary, these results shall be submitted with the DMR for the month in which investigations conducted under the TRE workplan 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 the Director of Health of: (1) Findings of the TRE or other investigation to identify the cause(s) of toxicity. (2) Actions the Permittee has taken/will take, to mitigate the impact of the discharge 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 after completing 24 consecutive months of testing, the Permittee may request a reduction in monitoring frequency. PERMIT ISSUED March 19,2004
  34. 34. PARTB PERMIT NO. HI 0020109 Page 13 b. Any such reduction of the monitoring frequency must be approved by the Director of Health in writing, and shall be at the Director of Healths sole discretion. c. A reduction in frequency to once per year or more frequent shall be considered a minor modification for the purposes of 40 CFR Part 124. d. If the Permittee violates the whole effluent toxicity limitation after a reduction in monitoring frequency becomes in effect, the monitoring frequency shall return 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. PERMIT ISSUED March 19,2004
  35. 35. PARTC PERMIT NO. HI 0020109 Page 14C. SPECIFIC CRITERIA FOR RECREATIONAL AREAS 1. Limitations and Monitoring Requirements a. Within 300 meters (1000 feet) of the shoreline, including natural public bathing or wading areas, the enterococci content shall be limited and monitored by the Permittee as specified below: Minimum Sample Parameter Limitation Unit Monitoring Type Frequency Enterococci 70 #/100 ml Once/Month1 Grab ml Milliliters 1 Monitoring shall be conducted on the same day that effluent sampling for enterococci is conducted. b. If the enterococci limitation in Part C.l.a above is exceeded, then the Permittee shall conduct monitoring as described below: Limitation Minimum Sample Parameter (Geometric Unit Monitoring Type Mean) Frequency Enterococci 7 #1100 ml 5 Days/Month1 Grab ml Milliliters 1 Monitoring shall be conducted on the same day that effluent sampling for enterococci is conducted. Samples shall be equally spaced at six day intervals 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 the geometric mean limitation can be met at least three consecutive times and the cause of the high bacterial counts can be determined, or unless otherwise instructed by the Director of Health. d. Marine recreational waters along sections of coastline where enterococci content does not exceed the standard, as shown by the geometric mean test described above, shall not be lowered in quality. PERMIT ISSUED March 19,2004
  36. 36. PARTe PERMIT NO. HI 0020109 Page 15 e. The Permittee shall conduct enterococci analyses in accordance with the following 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 Membrane Filter Method, EPA-600/4-85/076, 1985.2. Exceptions Inability to conduct enterococci monitoring due to inclement weather or hazardous conditions which may endanger the lives of the Permittees personnel shall not constitute a violation of this permit. PERMIT ISSUED March 19, 2004
  37. 37. PARTD PERMIT NO. HI 0020109 Page 16D. ZONE OF MIXING LIMITATIONS AND MONITORING REQUIREMENTS 1. Design Criteria a. The Zone of Mixing shall be established for the assimilation of secondary treated wastewater at a design flow of 5.2 MGD. b. The Zone of Mixing shall consist of a rectangular prism. The length and width of the rectangle at the surface of the receiving water are 746.0 feet and 218.5 feet, respectively. The Zone of Mixing extends from the surface of the receiving waters to the ocean bottom. The diffuser is centered on the longitudinal axis of the Zone of Mixing. 2. Limitations and Monitoring Requirements The boundaries of the Zone of Mixing shall be limited and monitored by the Permittee as specified below: Not to Exceed Not to Exceed Geometric the Given the Given Minimum Mean Not to Value More Value More Sample Parameter Unit Monitoring E:s:ceed the than Ten than Two Type Given Value Percent of the Percent of the Frequency Time Time Once/ Total Nitrogen 110.00 180.00 250.00 Grab 2 Quarter l Ammonia Once/ 2.00 5.00 9.00 Grab 2 Nitrogen Quarter 1 Nitrate + Nitrite Once/ 3.50 10.00 20.00 Grab 2 Nitrogen Quarter 1 Total Once/ 16.00 30.00 45.00 Grab 2 Phosphorous Quarter 1 Once"! Chlorophyl 0.15 0.50 1.00 Grab 2 Quarter1 Once/ Turbidity 0.20 0.50 1.00 NTU Grab 2 Quarter 1 Standard Once/ pH Range 7.6-8.6 CDP Unit Quarter 1 Dissolved % Once/ Not less than 75% Saturation CDP Oxygen Saturation Quarter 1 PERMIT ISSUED March 19,2004
  38. 38. PARTD PERMIT NO. HI 0020109 Page 17 Not to Exceed Not to Exceed Geometric the Given the Given Minimum Mean Not to Value More Value More Sample Parameter Unit Monitoring Exceed the than Ten tbanTwo Type Given Value Percent of the Percent of the Frequency Time Time Shall not vary more than 10 C from ambient Once/ Temperature °C CDP conditions Quarter l Shall not vary more than 10% from natural Once/ Salinity or seasonal changes considering hydrologic PPT CDP Quarter l input and oceanographic factors I!g/I Micrograms Per Liter NTU Nephelometric Turbidity Units CDP Continuous Depth Profile °C Degrees Celsius PPT Parts Per Thousand The Permittee shall conduct Zone of Mixing monitoring on the same day that the recreational area 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 of the Zone of Mixing.4. Ocean Outfall Monitoring At least once during the term of this permit, the Permittee shall inspect the ocean outfall and submit the investigation findings to the Director of Health. The outfall inspection shall include, but not be limited to, the investigation of the structural integrity, 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 the Zone of Mixing. b. Inability to conduct Zone of Mixing monitoring due to inclement weather or hazardous conditions which may endanger the lives of the Permittees personnel. PERMIT ISSUED March 19, 2004
  39. 39. PARTE PERMIT NO. HI 0020109 Page 18E. 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. The specific water quality parameters monitored shall not exceed the following operations performance threshold values more than once in 12 consecutive months: Threshold Monitoring Parameter Units Type of Sample Value 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 OncelM onth 1 24-Hour Composite mgll 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 shall submit an initial investigation evaluation plan. At a minimum, the plan shall include a brief description of the investigation and evaluation techniques that would 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 in Part E.l, the Permittee shall immediately report the initial exceedance and conduct an initial investigation evaluation in with their plan and submit the results of the evaluation with the Discharge Monitoring Report for that monitoring period. PERMIT ISSUED March 19, 2004
  40. 40. PARTE PERMIT NO. HI 0020109 Page 193. Increase in Monitoring and Reporting Requirements If the Permittee exceeds or will exceed the criteria for any parameter specified in Part E.l more than once in 12 consecutive months, the Permittee shall increase the monitoring frequency of those parameters in exceedance to once per week. The monitoring frequency shall remain at once per week until the monitoring results are below the threshold value for three consecutive weeks. After this is achieved, monitoring and reporting for those parameters shall return to once per month. The Permittee shall submit the monitoring results with the Discharge Monitoring Report for 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 in Part E.l more than twice in 12 consecutive months, or if requested by the Director of Health, the Permittee shall submit a reduction evaluation plan and implementation schedule within 45 calendar days after the third exceedance or request by the Director of Health. b. The reduction evaluation shall determine the cause of exceedance, outline measures that will be or have been implemented to ensure compliance with the criteria, and include an implementation schedule. c. Upon completion of the reduction evaluation, this permit may be modified, or alternatively revoked and reissued, in order to incorporate appropriate permit conditions and implementation schedules. PERMIT ISSUED March 19, 2004
  41. 41. PARTF PERMIT NO. HI 0020109 Page 20F. 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 a municipal solid waste landfill, at a sludge surface disposal site, by land application, or by transferring the sludge to another party for further treatment, use, or disposal in accordance with all applicable portions of 40 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 be considered to be surface disposal. The storage site shall meet all the requirements of a surface disposal site under 40 CFR Part 503 Subpart C and HAR, Chapters 11-58.1 and 11-62. If the Permittee desires to store sludge for longer periods of time prior to final disposal, the Permittee shall submit a written request to the EPA Regional Sludge Coordinator and Director of Health containing the information required under 40 CFR Section 503.20(b). (3) The Permittee shall dispose of sludge containing more than 50 mg/kg of PCBs in accordance with 40 CFR Part 761. (4) If the Permittee desires to dispose of sludge using a method not listed above, the Permittee shall submit a request for permit modification to EPA Regional Sludge Coordinator and Director of Health 180 days prior to the commencement 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 accordance with 40 CFR Parts 257, 258, 503, and HAR, Chapters 11-58.1 and 11-62, whether the Permittee uses/disposes of the sludge itself or transfers it to another party for further treatment, use, or disposal. (b) Subsequent preparers, appliers, or disposers of the sludge are informed of the requirements under 40 CFR Parts 257, 258,503, and HAR, Chapters 11-58.1 and 11-62. PERMIT ISSUED March 19,2004

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