It is the purpose and intent of this article to regulate the use, connection and construction of all public and private wastewater systems. This article further regulates the use of the publicly owned treatment works for the County of Maui and enables the County to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C., § 1251 et seq.), and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this article are:

A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

B. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, groundwater or otherwise be incompatible with the publicly owned treatment works;

C. To protect the general public and publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment;

D. To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works;

F. To enable the County to comply with its permit conditions, sludge use and disposal requirements, and any other federal or state regulations to which the publicly owned treatment works is subject.

This article shall apply to all users of the publicly owned treatment works. This article authorizes the issuance of wastewater discharge and handling permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 2760 § 2 (part), 1999)

Except as otherwise provided in this article, the director shall administer, implement, and enforce the provisions herein. Any powers granted to, or duties imposed upon, the director may be delegated by the director to other County personnel. (Ord. 2760 § 2 (part), 1999)

The following abbreviations, when used in this article, shall have the following designated meanings:

A. ACGIH--American Council of Government Industrial Hygienists;

B. CFR--Code of Federal Regulations;

C. COD--Chemical Oxygen Demand;

D. IAPMO--International Association of Plumbing and Mechanical Officials;

E. gpd--gallons per day;

F. gpm--gallons per minute;

G. mg/l--milligrams per liter;

H. NPDES--National Pollutant Discharge Elimination System;

I. RCRA--Resource Conservation and Recovery Act;

J. U.S.C.--United States Code.

(Ord. 2760 § 2 (part), 1999)

The words and phrases set forth in this article shall have the meaning respectively ascribed to them in this section, unless it is apparent from the context that a different meaning is intended. Words, terms, or expressions peculiar to the art or science of wastewater not defined in this chapter shall have the respective meanings given in “Glossary, Water and Wastewater Control Engineering,” published in 1969, prepared by a joint committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation incorporated by reference hereto.

“Accessory dwelling” means living quarters attached to a main dwelling, or within an accessory building located on the same lot as the main dwelling, for use as a separate dwelling. An accessory dwelling may have complete living facilities for sleeping, recreation, eating, sanitary and laundering facilities, including installed equipment for only one kitchen.

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

“ANSI specifications” means standard specifications or methods of the American National Standards Institute of the serial designation indicated by the number and, unless otherwise stated, refer to the latest adopted revision or the specification or method.

“Approval authority” means State of Hawaii, department of health.

“Authorized representative of the user” means:

1. If the user is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or a designee.

The individuals described in subsections 1 through 3 may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the director.

“Bakery” means a facility that produces baked goods for wholesale or resale, including such enterprises as doughnut and pastry shops.

“BOD₅” or “five-day biochemical oxygen demand” means standard test used in assessing wastewater strength. The measure of decomposable organic material in domestic or industrial wastewater is represented by the oxygen utilized over a period of five days at sixty-eight degrees Fahrenheit and as determined by the appropriate procedure in standard methods.

“Building wastewater system” means a building connection or extension, from the building to the property line or right-of-way line, and the connection with the public wastewater system.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405--471.

“Cesspool” means a covered, lined, or partially lined pool, pit, or deep hole in the ground that receives untreated wastewater and is designed to allow liquids to seep into the surrounding soil through the bottom or sides.

“Chemical additives” or “organic additives” means liquids, gases or solids composed of living or nonliving substances, bacteria or organic additives that are introduced into an interceptor for the purposes of changing the chemical nature or physical properties of the substances trapped therein.

“Commercial” means to be engaged in the buying, selling, growing, processing and/or manufacturing of goods, or engaged in an income-producing enterprise.

“Common interceptor” means an interceptor to which wastes are directed from more than one facility having different operators and/or type of operations, such as in a food court.

“Connection” means any link made or to be made to any part or portion of the public wastewater system.

“Control manhole” means the nearest downstream manhole in the public wastewater system to the point at which a building wastewater system is connected.

“Council” means the council of the County of Maui.

“County” means the County of Maui, a political subdivision of the State of Hawaii.

“CUF” or “categorical use factor” means a number used as a weighing factor in the calculation of interceptor sizing. The factor is based upon the equipment used at the facility and the grease that is commonly generated by the equipment.

“Department” means the department of public works and waste management, County of Maui.

“Director” means the director of public works and waste management, County of Maui, or the director’s authorized representative.

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or semi-solid interceptor waste or septage into or on any land or water, so that such waste or any constituent thereof may enter the environment, including emission to air or discharge to surface or ground waters.

“Disposer” means an entity that operates a facility at which waste is intentionally placed for final disposition.

“Domestic wastes” means water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

“Dry wastewater system” means a wastewater system currently not connected to an active public wastewater system.

“Duplex” means a building consisting of only two dwelling units designed exclusively for occupancy by two families living independently of each other.

“Dwelling unit” means living quarters containing its own food preparation area.

“Effluent” means wastewater, water or other liquid that has undergone some degree of treatment, flowing out of any treatment device or facility.

“EPA” or “Environmental Protection Agency” means the United States Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official.

“Existing source” means any discharge producing operation or facility, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards that would be applicable to such source if the standards are thereafter promulgated in accordance with section 307 of the Act.

“Extension” means the continuation of an existing public wastewater system.

“Food courts” means areas where several food preparation establishments having different owners may share seating space and/or plumbing facilities.

“Food preparation area” means an area containing fixtures, appliances or devices for the following three purposes: (1) heating or cooking food; (2) refrigerating food; and (3) washing utensils used for dining and food preparation, or washing and preparing food.

“Food service establishment” means any restaurant, eatery, food caterer, cafeteria, or other institution processing or serving food, including any facility that cuts, cooks, bakes, fries, prepares or services food, or that disposes of food related wastes, such as motels, hotels, prisons, or schools. A food service establishment does not include establishments that do not produce grease, such as juice bars, espresso bars, etc., and residential properties not engaged in commercial food service.

“Garbage grinder” means a device that shreds or grinds solid or semisolid waste materials into smaller portions for discharge into the public wastewater system.

“Generator” means any entity that produces grease waste or septage.

“Grab sample” means a sample that is taken from a waste stream, without regard to the flow in the waste stream, over a period of time not to exceed fifteen minutes.

“Grease” means any material that is extractable from an acidified sample of waste by hexane or other designated solvent, including fats and oils.

“Grease trap” means a type of grease interceptor generally considered to have capacities no larger than fifty-five gpm and designed to retain grease from one to a maximum of four fixtures.

“Grease waste” means any liquid, semi-liquid or solid fat, oil or grease of animal or vegetable origin that is removed from commercial operations through the use of an interceptor or grease trap.

“Grease waste hauler” means an entity that collects, transports, stores, transfers, processes, or otherwise handles grease waste. This does not include generators of grease waste or the storage of grease waste in an interceptor.

“Hauler” means transporter.

“Hazardous material” means a substance or combination of substances that has been defined to be a hazardous waste under RCRA or under rules or regulations promulgated pursuant to RCRA, including but not limited to, subtitle C, or that, because of its quantity, concentration, or physical, chemical or infectious characteristics, may:

1. Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating illness; or

2. Pose a substantial current or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed; or

3. Likely result in death, disabling personal injury or serious illness if human exposure should occur.

“Hotel” means a building or group of buildings containing lodging units and/or dwelling units where fifty percent or more of the units are occupied by an owner, lessee, or tenant for a continuous period of less than six months per year. A “hotel” includes a lobby, clerk’s desk or counter with clerk service, and facilities for registration and keeping of records relating to hotel occupants.

“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act.

“Industrial wastewater hauler” means an entity that collects, transports, stores, transfers, processes, or otherwise handles industrial wastewater. An industrial wastewater hauler does not include generators of industrial wastewater or the storage of industrial wastewater in an industrial interceptor.

“Infiltration” means the unintentional entry of water into the wastewater collection system from the surrounding soil.

“Influent” means wastewater, raw or partly treated, flowing into any wastewater treatment device or facility.

“Instantaneous maximum allowable discharge limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

“Interceptor” means a device constructed to separate and trap or hold fats, oil, grease and/or sand type substances from the sewage discharged from a facility in order to keep fats, oil, grease and sand substances from entering the public wastewater system.

“Interference” means a discharge, which alone or in conjunction with a discharge from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and causes a violation of the County’s UIC permit, or causes the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent governmental regulations: section 405 of the Act; the Solid Waste Disposal Act, including RCRA; any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

“Irrigation meter” means a water meter designated for irrigation and other purposes where water will not be discharged into the wastewater collection system.

“Lodging unit” means a room or rooms connected together, constituting an independent living unit that does not contain any kitchen.

“Maintenance log” means a form posted near any interceptor or grease trap that details the frequency and type of maintenance, and company performing the maintenance on the interceptor or grease trap.

“Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

“Motel” means a building or group of buildings containing lodging units and/or dwelling units occupied by an owner, lessee or tenant for a continuous period of less than six months per year.

“Multifamily dwelling” means a building or portion thereof consisting of three or more dwelling units under one roof for occupancy by three or more families, including but not limited to, apartments and condominiums.

“New source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act that would be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the building, structure, facility, or installation is constructed at a site at which no other source is located; the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.

Construction of a new source has commenced if the owner or operator has:

1. Begun, or caused to begin, as part of a continuous onsite construction program:

a. Any placement, assembly, or installation of facilities or equipment, or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

“Normal wastewater” means wastewater that contains but does not exceed the following:

1. BOD₅: two thousand five hundred two pounds per million gallons (three hundred milligrams per liter) or less;

2. TSS: two thousand five hundred two pounds per million gallons (three hundred milligrams per liter) or less;

3. Grease: eight hundred thirty-four pounds per million gallons (one hundred milligrams per liter) or less; and

4. pH: not less than 6.0 and not more than 9.0.

“Owner means a holder in fee, life tenant, executor, administrator, trustee, guardian, personal representative, or other fiduciary, lessee, or licensee holding under any government lease or license, of real property or person.

“Pass through” means a discharge that exits the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the County’s UIC permit, including an increase in the magnitude or duration of a violation,

“Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns.

“pH” means the acidity of a solution expressed as the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. pH shall be determined by one of the procedures outlined in standard methods.

“Plumbing code” means the current County plumbing code, as amended, and adopted by the council.

“Pollutant” means any dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater, such as pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor.

“POTW” or “publicly owned treatment works” means “treatment works,” as defined by section 212 of the Act (33 U.S.C. section 1292), that is owned or operated by the County, including any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a wastewater reclamation facility.

“Pressure wastewater system (force main)” means a wastewater collection system that receives flow directly from a pump station and discharges flow under pressure into an interceptor, main, lateral, another pumping station, or reclamation facility.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

“Pretreatment program administrator” means the person designated by the director to manage the operation of the pretreatment program, and who is charged with certain duties and responsibilities by this article.

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

“Pretreatment standard” means prohibited discharge standards, categorical pretreatment standards, and local limits.

“Private hauler” means any nonpublic entity that transports wastewater or sludge.

“Private wastewater system” means a privately-owned wastewater system that is not directly controlled, operated, and maintained by the department.

“Prohibited discharge standards” or “prohibited discharges” means the absolute prohibition of the discharge of certain substances as provided by section 14.21A.015 of this title.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow and conditions normally prevailing in the public wastewater system, with no particles greater than one-half inch in any dimension.

“Public wastewater system” means a wastewater system directly controlled, operated and maintained by the department.

“Pumpage” means the removal of oils, greases, liquids, and solids from a container by pumping.

“Residential” means occupied for dwelling purposes for a continuous period of more than six months per year by an owner, lessee or tenant who discharges wastewater to a public wastewater system.

“Residential care homes” means a building or any portion thereof in which living accommodations, personal care services, and appropriate medical care are provided to adults unable to care for themselves.

“Residential property” means property used only for residential purposes.

“Septage” means wastes removed from a portable toilet, chemical toilet, or septic tank.

“Septic tank” means a watertight settling tank in which settled sludge has immediate contact with the wastewater flowing through the tank, and in which organic solids are decomposed by anaerobic bacterial action.

“Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

“Service” or “served” means the date of mailing by certified mail or personal delivery, whichever occurs sooner.

“Service charge” means the charges set forth in the annual budget of the County and levied on all users of the public wastewater system for operation, maintenance, and other purposes.

“Service connection” or “lateral” means a collection system that has been constructed from a public wastewater system to the approximate property lines or rights-of-way for the sole purpose of providing a point of discharge for the building wastewater system.

“Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.)

“Sewer” means a pipe or a conduit, generally closed but normally not flowing full, for carrying wastewater and other waste liquids.

“Single-family dwelling” means a residential dwelling with one dwelling unit.

“SIU” or “significant industrial user” means:

1. A user subject to categorical pretreatment standards; or

2. A user that:

a. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater),

b. Contributes a process waste stream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW, or

c. Is designated as such by the director on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

Upon finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the director may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

“Sludge” means the by-product resulting from the treatment of wastewater.

“Slug load” or “slug” means any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards as defined herein.

“Standard industrial classification (SIC) code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

“Standard methods” means the latest edition of standard methods for the examination of water and wastewater, as published by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation.

“Stormwater” means waters on the surface of the ground or underground resulting from rainfall or other natural precipitation.

“Threshold limit value/time-weighted average” means the maximum average airborne concentration of a substance, in any eight-hour work shift of a forty-hour work week, that does not cause any adverse health effects.

“Toxic substances” means any substance that when discharged to the wastewater system in sufficient quantities may tend to interfere with any wastewater treatment process, constitute a hazard to life or create a hazard to recreation.

“TSS” or “total suspended solids” means nonfilterable total suspended matter that either floats or is in suspension in water, wastewater, or other liquid that is removed by laboratory filtering as described in standard methods.

“UIC” means an underground injection control program run by the state department of health.

“UIC permit” means a permit issued to the County by the state department of health to allow disposal of effluent water from County wastewater reclamation facilities into underground injection wells.

“Uniform Plumbing Code” means the current edition, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, as amended and adopted by the council.

“User” means a source of indirect discharge.

“Waste manifest form” means a four-part reporting form used to document the point of generation, the transportation, and the disposal of grease waste.

“Wastewater” means water-carried wastes from dwellings, commercial establishments, institutions and industrial plants, and may include groundwater, surface water and stormwater not intentionally admitted.

“Wastewater collection system” means a pipe or conduit designed or used to transport wastewater, and to which stormwater, surface water, and groundwater are not admitted intentionally (commonly referred to as “sanitary sewer”).

“Wastewater discharge permit” means the agreement between the County and any entity providing for the delivery or receipt of wastewater to or from the public wastewater system and the acceptance or delivery by the County of such wastewater.

“Wastewater pump station” means any arrangement of devices within a structure used for lifting or forcing wastewater.

“Wastewater reclamation facility” means any arrangement of devices and structures for treating wastewater and industrial wastes, excluding cesspools, individual household septic tank systems, and individual household aerobic units.

“Wastewater system” means the all-inclusive term for wastewater collecting, pumping, treatment, and disposal facilities.

“Wastewater system user” means every person using any part of the public wastewater system. (Ord. 2760 § 2 (part), 1999)