NOTICE OF PROPOSED ACTION BY THE HAWAII STATE DEPARTMENT OF HEALTH UNDERGROUND INJECTION CONTROL 2023-SDW-UIC- 001 January 31, 2023 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 the Underground Injection Control (UIC) Program, two (2) 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 two (2) rainfall runoff drainage injection wells at the facility described below: Applicant: Waikoloa Heights Land Investors, LP Address: Waikoloa Heights Land Investors, LP 5241 Arnold Avenue, McClellan, California 95652 Application No.: UH-3116 Facility: Paniolo Avenue – STA. 38+15 Location: Paniolo Avenue north of Kamakoa Drive TMK No.: (3) 6-8-002:054 Latitude: 19° 57′ 24.3″ N Longitude: 155° 47′ 17.8″ W Activity: The applicant proposes to construct a roadway to support lots at Extension of Paniolo Avenue north of Kamakoa Drive. As part of the proposed improvements, the construction of two (2) drainage injection wells is proposed to dispose of rainfall runoff from the roadway. The proposed drainage injection wells will have a maximum diameter of approximately 60 inches and a maximum depth of approximately 25 feet. Source of Waste Fluids: Rainfall runoff water Proposed Quantity of Fluids: Intermittent and variable flow up to approximately 844 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 for two (2) 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 March 2, 2023, 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: 586-4258 (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. W. Mark Frazier, 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. All comments to the proposed approval and requests for a public hearing received no later than March 2, 2023, 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 two (2) 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 two (2) 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. 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. KENNETH S. FINK, MD, MGA, MPH Director of Health (WHT1403522 1/31/23)