NOTICE OF PROPOSED ACTION BY THE HAWAII STATE DEPARTMENT OF HEALTH UNDERGROUND INJECTION CONTROL 2020-SDW-UIC-005 May 25, 2020 The Hawaii State Department of Health (DOH), Environmental Management Division, is issuing the following notice of proposed action under the Safe Drinking Water Act; Hawaii Revised Statutes (HRS), Chapter 340E; and Hawaii Administrative Rules (HAR), Title 11, Chapter 23, Underground Injection Control. The DOH has received an application for an approval to construct, under Underground Injection Control (UIC) Program, thirty-four (34) rainfall runoff drainage injection wells which are situated in an area designated as an underground source of drinking water by authority of HAR, Chapter 11-23. The DOH has prepared tentative determination to grant the approval-to- construct which may result in a permit to operate. On the basis of the DOH’s review of the requirements of the Safe Drinking Water Act, HRS, Chapter 340E-2, as amended, and HAR, Chapter 11-23, the Director of Health proposes to issue an approval to construct thirty-four (34) rainfall runoff drainage injection wells at the facility described below: Applicant: Waikoloa Plaza, LLC Address: 94-050 Farrington Highway, Suite E1-3, Waipahu, Hawaii 96797 Application No.: UH-3081 Facility: Waikoloa Plaza Phases 1, 1A&2A Location: Waikoloa, South Kohala, Hawaii TMK No.: (3)6-8-003:15 Latitude: 19° 55′ 30.58″ N Longitude: 155° 47′ 21.04″ W Activity: The Waikoloa Town Center development is a commercial zoned property that includes a mix of retail, restaurant, health, medical and multi-family uses. As part of the proposed improvements, the construction of thirty- four (34) drainage injection wells is proposed to dispose of rainfall runoff from pavement and yards or fields. The proposed drainage injection wells will have a maximum diameter of approximately 96 inches and a maximum depth of approximately 62.6 feet. Source of Waste Fluids: Rainfall runoff water Proposed Quantity of Fluids: Intermittent and variable flow up to approximately 17,563 gallons per minute (gpm) at peak flow condition for the entire drainage system. Persons wishing to comment upon the proposed determination by the Director regarding issuance of an approval-to-construct thirty-four (34) drainage injection wells, or to request a hearing pursuant to HAR, Section 11-23-15, should submit their comments or request in writing no later than June 24, 2020, either in person or by mail, to: Office and Mailing Address State of Hawaii Department of Health Environmental Management Division Safe Drinking Water Branch Uluakupu Bldg. 4 2385 Waimano Home Road, Suite 110 Pearl City, Hawaii 96782-1400 Telephone: (808) 586-4258 or call from the Big Island using the direct toll-free number 974-4000, ext. 64258. For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the public notice and related information, please contact Mr. Norris Uehara, Supervisor of the Underground Injection Control Program at the above address or (808) 586-4328 (Voice) at least seven (7) calendar days before the comment deadline. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5991. All comments to the proposed approval and requests for a public hearing received no later than June 24, 2020, will be considered in the formulation of a final determination regarding the application. An extension of the 30-day comment period may be granted if the request for an extension adequately explains why more time is required to prepare comments. Requests for a PUBLIC HEARING must state the nature of the issues proposed to be raised in the hearing and meet the requirements of HAR, Section 11-23-15. The Director may hold a PUBLIC HEARING if she finds, on the basis of requests, a significant degree of public interest in the proposed approval. If the Director decides to hold a public hearing, a public notice of the date, time and place of the hearing will be made at least thirty (30) days prior to the hearing date. Any person may provide written or oral statements and data pertaining to this proposed approval at the public hearing. A final decision to issue the approval-to-construct for a thirty-four (34) drainage injection wells or to deny the APPLICATION shall be made after all comments have been considered. Notice of the final decision shall be sent to each person who has transmitted or delivered written comments or requested notice of the final decision. If this approval-to-construct becomes final and there is no appeal, the subject facility may proceed to construct and test the proposed drainage injection wells. A permit to operate the thirty-four (34) drainage injection wells will be issued upon satisfactory completion of all other legal requirements for the issuance of such a permit, and this action will be final. Upon issuance of the PERMIT TO OPERATE, the APPLICANT may proceed to operate the drainage injection wells, subject to the conditions of the permit and other applicable permit and legal requirements. Copies of the APPLICATION and all data submitted by the applicant for the APPROVAL are available for public inspection Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the Department of Health address shown above or at the SDWB office located at the Environmental Health Facility, 1582 Kamehameha Avenue, Hilo, Hawaii 96720. A charge will be assessed for copies. An electronic copy of the application is also available through e-mail by contacting the Safe Drinking Water Branch at SDWB@doh.hawaii.gov. Please bring the foregoing notice to the attention of all persons whom you know would be interested in this matter. BRUCE S. ANDERSON, Ph.D. Director of Health (WHT1280350 5/25/20)