Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 62 - WASTEWATER SYSTEMS › Appendix B - RESPONSES FOR WASTEWATER SPILLS, OVERFLOWS, AND DISCHARGES ("SPILLS")

Current through June, 2024
July 1, 2014
Agency
Phone
Fax
Clean Water Branch (CWB)
586-4309
586-4352
Wastewater Branch (WWB)
586-4294
586-4352
Environmental Health Programs (EHP)
Hawaii District Health Office
933-4371
933-4669
Kauai District Health Office
241-3323
241-3480
Maui District Health Office
984-8234
984-8237
State Hospital Operator (SHO)
247-2191
Communications Office
586-4444
2. Spills from any facility into state waters,
				  excluding R-1 water from recycled water systems
a.
Applicability. Any wastewater spill which
				  enters into state waters from a public or private wastewater system.
(1) "State waters" has the meaning defined in HRS section
				  341-D, and includes drainage ditches, whether or not water is always flowing in
				  them.
(2) Exclusion, Spill of R-1 water covered by Appendix J to
				  HAR chapter
				  11-5, "NPDES General Permit
				  Authorizing Discharges of R-1 Water from Recycled Water Systems". That general
				  permit does not cover spills from treatment works.
b. Immediate notice to DOH. If a spill occurs during working
				  hours:
(1) The wastewater system owner or its agent (owner/agent)
				  shall immediately notify the CWB of any spill into state waters; and
(2) If a spill occurs on the neighbor islands, the
				  owner/agent shall also immediately notify their respective district
				  environmental health program chief,
If a spill occurs during non-working hours:
(1) Contact the state hospital operator; and
(2) The next working day notify the CWB and the respective
				  district EHP chief with a follow-up call.
c. Press Release. The owner/agent shall immediately send out
				  a press release for spills of a thousand gallons or more and for lesser spills
				  if they present a substantial threat to public health. A press release shall
				  comply with section 7, A press release is not required if the owner/agent
				  demonstrates that the spill was of R-1 water and that BMPs as approved by the
				  director were implemented.
d. Disinfection. The owner/agent shall disinfect wastewater
				  which is continuously being spilled into nearshore waters if sufficient
				  disinfection contact time is available. Best judgment should be used in
				  determining the amount of chlorine added to the discharge if chlorine is used
				  as a disinfectant. Disinfection is not required if the owner/agent demonstrates
				  that the spill was either R-1 or R-2 water and that BMPs as approved by the
				  director were implemented.
e. Warning signs. The owner/agent shall immediately post
				  warning signs in the area(s) likely to be affected by the spill and where
				  public access is possible. Posting of warning signs is not required if the
				  owner/agent demonstrates that the spill was of R-1 water and that BMPs as
				  approved by the director were implemented.
The director shall also assure that a sufficient number of
				  warning signs have been posted and the locations are adequate, Authorization to
				  remove the signs shall also come from the director.
f. Monitoring, The owner/agent shall conduct bacterial
				  monitoring for any spill greater than 100 gallons or when public health may be
				  threatened in accordance with section 8. Monitoring is not required if the
				  owner/agent demonstrates that the spill was R-1 water and that BMPs as approved
				  by the director were implemented.
g. Reporting. The owner/agent shall report to the CWB under
				  section 9.a.
3. Spills into state waters of R-1 water from recycled
				  water systems
a.
Applicability, Any spills of R-1 water
				  covered by Appendix J to HAR chapter
				  11-55, "NPDES General Permit
				  Authorizing Discharges of R-1 Water from Recycled Water Systems."
(1) "State waters'' has the same meaning defined in HRS
				  section
				  342D-1, and includes
				  drainage ditches, whether or not water is always flowing in them.
(2) Exclusion, The general permit does not cover spills from
				  treatment works.
b. Requirements. Among other things, the general permit
				  requires filing a Notice of Intent before any discharge, compliance with
				  standard conditions in appendix A of chapter
				  11-55, implementation of best
				  management practices (BMPs), monitoring of discharges, avoiding violations of
				  water quality criteria, and specified reporting. The full statement of
				  requirements appears in the general permit.
4. Spills to ground only - with public
				  access
a. Applicability. Any wastewater spill from a wastewater
				  system onto the ground and that does not enter state waters but is in an area
				  which is or may be accessible to the public.
(1) In this appendix, the public includes hotel, apartment/
				  and condominium residents and guests, or condominium apartment owners at their
				  own condominium, and management personnel and building or facility staff,
				  unless the person is specifically an operator of the wastewater system or a
				  manager of the property.
(2) In this appendix, areas inaccessible to the public
				  include areas:
(a) Confined within a fenced or walled (six foot high with
				  locked gate or door) area; and
(b) Contact with the spill is limited to wastewater system
				  operating personnel and management personnel for the property owner or
				  lessee,
(3) Exclusion. Spills of R-1 water provided the owner/agent
				  demonstrates that the spill was of R-1 water and that BMPs as approved by the
				  director were implemented.
b. Immediate notice to DOH. If a spill of a thousand gallons
				  or more occurs during working hours:
(1) On Oahu, the wastewater system owner/agent shall
				  immediately notify the WWB; or
(2) On the neighbor islands, the owner/agent shall
				  immediately notify their respective district EHP chief.
If a spill of a thousand gallons or more occurs during
				  non-working hours:
(1) Contact the state hospital operator; and
(2) The next working day notify the WWB or on the neighbor
				  islands, the respective district EHP chief with a follow-up call.
c. Press release. The owner/agent shall immediately send out
				  a press release for spills of a thousand gallons or more, and for lesser spills
				  if they present a substantial threat to public health. A press release shall
				  comply with section 7.
d. Disinfection. The owner/agent shall disinfect the
				  wastewater that is spilled onto the ground if the wastewater remains ponded on
				  the ground for any sufficient length of time or if the discharge continues for
				  any significant duration. Disinfection is not required if the owner/agent
				  demonstrates that the spill was R-2 water and that BMPs as approved by the
				  director were implemented.
e. Warning signs. The owner/agent shall immediately post
				  warning signs in the vicinity of the spill area.
f. Clean up. All spill sites shall be cleared of all debris
				  and standing wastewater, and disinfected pursuant to section 4.d.
In areas containing standing wastewater which cannot be
				  removed, the owner/agent shall limit public access by having barricades or
				  other means.
g. Reporting. The owner/agent of a public or private
				  wastewater system shall report to the WWB as follows:
(1) For spills of a thousand gallons or more, the
				  owner/agent shall report to the WWB under section 9.a.
(2) For spills less than a thousand gallons, immediate notice
				  and reporting are not required. A tabulated summary of all spills less than a
				  thousand gallons each shall be submitted to the WWB on a quarterly basis in
				  accordance with section 9.b,
(3) Exfiltration. Reporting of leaks or breaks in pipelines
				  discovered during inflow/infiltration repair work is not required. These
				  situations are considered exfiltration,
5. Spills to ground only - with no public
				  access
a.
Applicability. All wastewater spills from any
				  public or private wastewater system that does not enter state waters and are in
				  areas inaccessible to the public.
(1) The public and inaccessibility are described in section
				  4.a.
(2) Exclusion. Spills of R-1 water provided the owner/agent
				  demonstrates the spill was of R-1 water and that BMPs as approved by the
				  director were implemented.
b. Immediate notice to DOH. If a spill of a thousand gallons
				  or more, and for spills over 50 gallons occurring more than twice within a 12
				  month, from the same cause and/or location, period within the confines or fence
				  line of a wastewater system, the owner/agent shall notify the WWB within 24
				  hours.
c. Reporting, For spills of a thousand gallons or more, and
				  for spills over 50 gallons occurring more than twice within a 12 month period,
				  from the same cause and/or location, within the confines or fence line of a
				  wastewater system, the owner/agent shall report to the WWB under section
				  9.a.
d. Recording. The owner/agent shall record and tabulate the
				  date and time of the spill, the amount released, the cause (s) for the spill,
				  clean up efforts, and remedial actions taken to prevent future spills for all
				  spills greater than 50 gallons as they happen. The owner/agent shall keep the
				  records and tabulations on site and make the records and tabulation available
				  to the director for inspection and copying.
6. Spills to ground only - R-1 and RO water
				  only
a. Applicability. Spills of R-1 or RO water provided the
				  owner/agent demonstrates the spill was of R-1 or RO water and that BMPs as
				  approved by the director were implemented.
b. Notice to DOH.
(1) For spills of a thousand gallons or more occurs, the
				  wastewater system owner/agent shall notify the WWB at least by phone by the end
				  of the next working day. The notice shall provide the information required by
				  section 6.d(1), below.
(2) For spills of less than a thousand gallons, but more than
				  fifty gallons, next day notice is not required, but the wastewater system
				  owner/agent shall record the information and report as required by section
				  6.d.
c. Warning signs. For spills greater than fifty gallons, the
				  owner/agent shall immediately post warning signs in the vicinity of the spill
				  area.
d. Reporting. The owner/agent of a wastewater system shall
				  report in writing to the WWB as follows:
(1) Information of each spill shall include at least the
				  spill's date, time, location, quantity, the reason for the spill, and any
				  corrective action.
(2) For spills more than fifty gallons, a tabulated summary
				  shall be submitted to the WWB each year with the summary report required by
				  section 11-62-28.
7. Press release
The press release shall describe the location of the spill,
				  the amount of wastewater released, what caused the spill, and what is being
				  done to correct the situation. Also, include a contact person and telephone
				  number {including an after hours/weekend contact). At a minimum, the press
				  release shall be faxed, emailed or telephoned to the following:
a. Associated Press (for radio dissemination);
b. Major statewide and island newspapers;
c. Major television news stations;
d. Department of Health, Communications Office, Oahu
e. CWB if into state waters, otherwise WWB; and
f. For neighbor island spills, also include faxing the press
				  release to the respective island DHOs.
8. Monitoring of state waters
Monitoring shall begin as soon as possible and be conducted
				  in the receiving water area affected by the spill. Bacterial monitoring is not
				  required if the owner/agent demonstrates that the spill was of R-1 water and
				  that BMPs as approved by the director were implemented,
For spills entering fresh or brackish waters, the bacterial
				  monitoring shall consist of sampling for the following indicator
				  organisms:
a. Enterococci; and
b. Clostridium perfringens.
For spills entering marine waters, the bacterial monitoring
				  shall consist of sampling for the following indicator organisms:
a. Enterococci; and
b. Clostridium perfringens.
Results of the bacterial monitoring shall be submitted to the
				  director in care of the CWB immediately. Monitoring shall continue until
				  notification to stop is received from the director. With the approval of the
				  director, on a case by case situation, some protocol requirements such as
				  sampling or sign posting may be waived.
The director shall also be informed of the sampling stations
				  and may modify the number of stations and site selection.
The director may require additional bacterial monitoring by
				  the owner/agent to supplement their existing monitoring program, as may be
				  necessary or appropriate.
9. Reporting
a. When required above, the owner/agent shall submit a
				  written report of the details of the spill within five (5) working days of the
				  incident to the director in care of the CWB or WWB as applicable. The director
				  may waive the five day written reporting requirement on a case by case basis
				  provided that the director receives a request for waiver prior to the due date
				  of the report,
The report shall include the date and time of the spill, the
				  amount released, the cause(s) of the spill, location where the spill entered
				  state waters (storm drains, ditches, streams, etc.), clean up efforts, remedial
				  actions to prevent future spills, a summary of the monitoring data, a map of
				  the sampling locations and public notification procedures if applicable.
b. For spills not reported under section 9.a. and when
				  required above, the owner/agent shall tabulate the following information: the
				  date and time of the spill, the amount released, the cause(s) for the spill,
				  clean up efforts, and remedial actions taken to prevent future spills. The
				  owner/agent shall submit each quarter's tabulation to the WWB within 30 days
				  after the quarter.
10. Modifications by the director
With the approval or under the direction of the director,
				  response requirements may be increased, changed, reduced or eliminated. For
				  example, the director may require the owner/agent to post additional Warning
				  Signs as needed or may assist in the removal of warning signs.