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Home My WebLink AboutCOM 0239.000 2004-2006 4~E..+~^+F9 ,aap~'+M1 LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~,y DIRECTOR OF HEALTH /(gym STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, please refer to: HONOLULU, HAWAII 966013376 File: D:WW 175 PN C4wpd April 12, 2005 ci wto5ozp7 - Mr. Kirk Tomita ' Senior Environmental Scientist Hawaiian Electric Company, Inc. P.O. Box 2750 - - Honolulu, Hawaii 96840-0001 Dear Mr. Tomita: Subject: Variance Application No. WW 175 Docket No. 05-VWW-09 Use of Non-Residential LCC at Industrial Power Plant Hawaiian Electric Light Company, Inc. (HELLO) P.O. Box 1027 Hilo, Hawaii 96720-1027 TMK: (3) 2-2-058: 019 The Department has reviewed the subject application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required. Enclosed is a copy of the required public notice. Please read the public notice and contact the Department of Health Wastewater Branch if any discrepancies or corrections are required. If the public notice is satisfactory, the public notice is required to be published in the Honolulu Star-Bulletin and Hawaii Tribune Herald one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice: Honolulu Star Bulletin 500 Ala Moana Blvd. Seven Waterfront Plaza, Suite 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone 529-4827 fax 529-4826 email ashleyCcilstarbulletin.com Hawaii Tribune-Herald contact Ms. Makanani Kaaua, telephone (800) 548-1294 or fax (808) 969-9100 email makaCa~hawaiitribune-herald.com Comm. Mo. 23q Ref. To: R®f. Uate APR 9 ~ 9f1f1S Mr. Kirk Tomita April 12, 2005 Page 2 Failure to have this notice published no later then three (3) weeks upon receipt of this letter, may result in a greater delay of the final decision of this application for variance. All publication costs are the responsibility of the applicant. You must submit the original certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteen (75) days after the publication date. You may make a copy for your records. Please be advised that, pursuant to Chapter 342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed a receipt for your variance application for the amount of $300.00. If you have any questions regarding the public notification procedure or the processing of your variance application, call Ms. Lori Kajiwara of the Wastewater Branch at direct toll-free telephone no. 974-4000 ext. 64294 or fax (808)586-4300. In addition, we have enclosed a current Application for Variance and Application for Variance, Primarily Concerning Large Capacity Cesspool forms (December 2004 version) for future use. Sincerely, THOMAS E. ARIZUMI, P~ Chief, Environmental Management Division Enclosures: Receipt No. 11828 Public Notice Application for Variance Forms (December 2004 versions) c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii D' trict Health Office -Hilo -lawaii County Council Wastewater Branch -Hilo Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 175 DOCKET NO. 05 - V W W - 09 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr- Kirk-Tomita, Senior Environmental Scientist for Hawaiian Electric Company, Inc, P.O. Box 2750, Honolulu, Hawaii 96840-0001 has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an individual wastewater system (IWS) and Section 11-62-31.1(b)(2) to pertaining to connections to an IWS. The applicant is requesting to use large sized septic tank systems and being allow ed to connect more than or~'building to an IWS at the industrial power plant, 54 Halekauila Street, Hilo, Hawaii 96720 TMK: (3) 2-2-058: 019. The applicant has made the following comments. 1. The requested Variance is for HAR Section 11-62-03 and 11-62-31.1(b)(2): The total area of the subject lot is 14,624 acres. The lot has several buildings on it consisting of office buildings, warehouses, a system control center and a power plant. There are two cesspools on the facility. Hill Cesspool and Kanoelehua Cesspool. The estimated wastewater flow is 1600-2260 gpd. The production office and the Hill 5&6 plant are served the Hill Cesspool. The estimated wastewater flow is 240-980 gpd. 2. The large capacity septic system proposed to serve the facility would not comply with HAR, Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1600-2260 gallons per day. 3. Present systems are connected to multiple buildings. The cesspool systems are being upgraded to meet the EPA mandate to close all LCCs by April 2005. 4. The existing large capacity cesspool(s) needed to be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. 5. The applicant believes this variance request is in the public interest because the LCC will be upgraded to an IWS (septic system). The IWS plans will be designed by an engineer and will be submitted to DOH for review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. 6. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvement to the existing cesspool in terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior to effluent disposal. 7. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 11-62 SuCii aS Smioil a^^".rCiiiC `vVaSte~Vater treatment piaiitS. AISv^, file vOuiity has informed HELCO that in 3-5 years a new sewer line will be installed and HELCO would be required to connect to the system once completed. 8. The variance is requested for the maximum of five (5) years. An attachment (Proposed Sanitary Wastewater Flow Diagram, Hawaii Electric Light Company) has been attached to this application for variance but can not be shown here. If you would like to view it, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 or fax (808) 586-4300 to obtain a copy or facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. CHIYOME LEINAALA FUKINO, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. WW J~] Cj Environmental Management Division Docket No. ~ rv- VWW APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8 x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: Hawaii Electric Light Company, Inc. (HELLO) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: Hawaii Electric Light Company P.O. Box 1027 Hilo, Hawaii 96720-1027 (City) (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ X ] Non-Residential LCC [ ] Retail Business [ ] Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ] Restaurant /food establishment [ X ] Others, please specify: Industrial (Power Plantl [ J Residential LCC [ ] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. ( 3 ) 2 - 2 - 58 19 Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6 1=Oahu 2=Maui =Big Islan =Kauai 54 Halekauila Street (number) (street) Hilo, Hawaii 96720 (City) (Island) (Zipcode) B. individual autiforized io aci for applicant: Name: Kirk Tomita Title: Senior Environmental Scientist Address: Hawaiian Electric Company, Inc P.O. Box 2750 Honolulu, Oahu 96840-0001 (City) (Island) (Zip code) Phone No.: (808) 543-4528 Fax No.: (808) 543-4511 Email Address: kirk.tomita@heco.com C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [X ] Section 1 1-62-03 Definitions state `Individual wastewater system means a facility which is designed to receive and dispose of no more than 1000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal system and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system." [ ] Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10,000 squaro feet of land area for each individual wastewater system." [ ] Section 11-62-31.1(a)91)(C) 'For residential developments. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10, 000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed." [ ] Section 11-62-31.1(a)(2)(A) `Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under the buildings." [ ] Section 11-62-31.1(a)92)(B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15, 000 gallons per day." [ ] Section 11-62-31.1(a)(2)(C) 'Developments involving buildings other than dwellings. Area of the lot shall not be less than 10,000 square feet except forlots created and recorded before the effective date of this rule. For lots less than 10,000 square feet Application for LCC Variance.doc vww as of December 9, 2004 Page 2 of 6 which were created and recorded before the effective date of this rule, only one individual w water system shall be allowed. " [X] Sectio, 11-621,31.1(b)(2) To allow more than onebui/din to connect to anlWS r II. SPECIFIC INFORMATION: A. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example: Requested Variance is for HAR Section 11-62-31.1 (a)(2)(C): The tota/area of the subject lof is 8, 500 square feet. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000 gpd) Requested variance is for HAR Section 11-62-03 and 11-62-31.1(b)(2): The total area of the subject lot is 14.624 acres. The lot has several buildings on it consisting of office buildings, warehouses, a system control center and a power plant There are iwo cesspools on the facility Hill Cesspool and Kanoelehua Cesspool The machine shop and the engineering buildings are served by the Kanoelehua Cesspool The estimated wastewater flow is 1600 - 2260 qpd The production office and the Hill S & 6 plant are served by the Hill Cesspool. The estimated wastewater flow is 240-980 qpd B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill-in-the missing information as appropriate. [ ] The area of the lot is square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area. [X] The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1600-2260 gallons per day. See Attachment [X] If not in the choices, please specify. Present systems are connected to multiple buildings The cesspool systems are being upgraded to meet the EPA mandate to close all LCCs by April 2005 C. Describe in detail why the present or proposed equipment and/or operating conditions cannot Application for LCC Variance.doc vww as of December 9, 2004 Page 3 of 6 be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time. Check all applicable reasons. [ X] The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. [ ] The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost. [ ] The facility has been in operation for years in this location using the existing cesspool. The installation of a wastewater treatment plant in lieu of a septic system will not be possible due to space restrictions and may force the owner to abandon the business operation. ( ] If not in the choices, please specify. D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1, D-2 & D-3) to clearly show that: (1) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D-6(c). [X] The applicant believes this variance request is in the public interest because the LCC will be upgraded to an IWS (septic system). The IWS plans will be designed by an engineer and will be submitted to DOH for review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. [ ] Prevent loss of jobs. The LCC serving my facility has been in operation for years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. (2) The granting of the variance will not substantially endanger human health or safety. [ ] The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. Application for LCC Variance.doc w?w as of December 9, 2004 Page 4 of 6 [X] The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvement to the existing cesspool in terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior to effluent disposal. [ ] If not in the choices, please specify. (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. [ ] The residents of the are essentially economically depressed. (X] The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plants. *Also, the County has informed HELCO that in 3-5 years a newsewerline will be installed and HELCO would be required to connect to the system once completed. ( ] The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. E. Specify the amount of time requested for the variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (if additional space is required, please include the information on a separate attachment and label "Attachment E-1"). Check applicable amount of time requested. [X] 5 years [ ] 4 years [ ] 3 years ( ] 2 years [ J 1 year F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1"). III. CERTIFICATION: 1, Dan Giovanni Production Manager (print name) (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge an belief. Signature: ~ Date: DO NOT WRITE BELO,W~-fF,,OR AGrE-NCY USE O~NLYG IV. Date Application received: MaY fit/ 1 ~ ~f/i o~-~V~.J Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6 V. Application No.: Wwrr ``~''^J' q VI. Docket No.: 'J ny ~'t/ ~ ~ o .i VII. Received by: Ni~~, f~-~" I VIII. Filing fee ($300.00) check date: lJ Check # ~ IX. Department of Health Receipt # ~ ~ ~Z~ X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC Variance.doc vww as of December 9, 2004 Page 6 of 6 I a ~ ~ ~ ~ i Y ~ O ~ C O ~ ~ Q O ~ N U 1 N o w ~ ~ o I ° ~ ~ ~ ~ I ~ ~ ~ ~ c~ U J N ~ ~ / Q ~ i O II ~ lv~ 3 u (B O Q ° ~ ti o ~ ~ ~ m ~ m L ~ ~ ~ ~ ~ ~ I Q z ~ ~ N w Q _ ~ J ~ U N ~ .L ~ U ~ m Q ~ W 0 0 m ~ ~ _ ~ --l ~ ~ _ o ~ z m ~ v~ U ~ w ~ - ~ i i o I I Y / ~ ~ o m~ i ~ a ~ U ~ N N I N ~ !Z U tv p ? N(n YU a a n o C~ ~ ~ ~ ~ ~ N t t~6 I I N N c o U LL 0 Q ~ u- U ~ X U N cu Q Hawaiian Electric Company, lnc. • PO Box 2750 • Honolulu, HI 96840-0001 SDW-1.1 HELCO Septic System y March 11, 2005 Mr. Harold Yee Department of Health Wastewater Branch 919 Ala Moana Blvd., Room 309 Honolulu, HI 96814 Dear Mr. Yee: Subject: Application for Variance Hill Power Plant and Kanoeleua Baseyard Hawaii Electric Light Company, Inc. (HELLO) Enclosed is a variance application for HELCO's Hill Power Plant and Baseyard facility. Presently, the facility operates two large capacity cesspools that must be closed by EPA's deadline of April 5, 2005. The application for the Individual Wastewater System was submitted to your Hilo Office on March 8, 2005. HELCO's proposes to convert the cesspools to seepage pits and installs septic tanks upstream of the seepage pit. The requested variance is to allow flows greater than 1000 gallons and to have one system serve more than one building. It should be noted that the County plans to install a sewer line adjacent to the facility within the next five years and HELLO has been informed that once the line is completed, they will be required to connect. If you have any questions regarding this applications or require additional information, please call me at 543-4528. Sincerely, fin'.."` ` Kirk Tomita Senior Environmental Scientist Hawaiian Electric Company Enclosure cc (w/encl): D. Giovanni D. Heinzen U~ c WINNER OF THE EDISON__AWARD FOR DISTINGUISHED INDUSTRY LEADERSHIP s~4r j Cca~~n°P~@#.t~t ~~Pylav ~~~~ac,~~. ~~a~a~L~~ppli~aviuf~ _ _ A.~ r a,...~ r,s. 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I'F/aste~vat@r ~ranctx l~leighbor Island Staff f - ~~oard of 9/tia-ter Scapply •-Clifford Jaasaill@ Cocanty of I-Yaenraia l~@pt of'~at@r Scapply ~ Nii?tmn Davao Coc~at?I of ~,ui ~'@~€ of'd47at@r Suppl?i - C@org@ `Pengan k~acyai Covavatc~+ ~@j~au~tuaa@xnt rrf_ ~at@r ~~n@~ ~.&OT, tau ~istriC t T~Iealtlx Offic@ Maui - I-Ierbert P~tscahayashi, Cki@f Sanitarian F~istrict &Iealt'n C~ffaC@ - ldauai ° Clyd@ `~akelcvasn~a, Chsef Sanitarian ~istriCt II@altlx Ofific@ Kona - pacil Ol~una, Sup@rv>,sang Sanitarian I3istrir t ~Iealth Offac@ - l-Iilo - moron Y1eno, Chief Sanitarian Oahu AT@a hbarlaood ~3oard ~ _ Cat Ps County of glonoflulea, ~epartmeaat of planning & I~eranitting ~ ~ - ~C~A"IO~ ~~~~3~5°f: _ Y3egardieag the Cover I~@ft@r, lic l~iotiC@ ~ ~/arianc@ Application. pl@a_~e Ch@cle on@ hoar: ( ~ ~@coaeaaxn@nd to ~1~" this variance application. ] T2eeoana~@nd to ~~N+l ~th~ v~iance application, 'lease f@~:1 fa 9e to ~+xfz~ait cg:ra@nt~ ~~rhen r@kaax~nirag this rou7,@ slip to tka@ adda°ess Ila~t@c1 Ilo~re ~@el ~ tl~ ~T~@c~isiorn, pl@as@ f@Cl s~@@ to wurlt@ Coa~aectioxrs/COa~~s@nts ran r aaC~d ~ €Ilo, c ~a@~ a /or ~ Y~it ar~~ra~l ;o~r~@nts an ~,riting to th@ addr@ss list@d heIl®~. - - - k~Z@girdan~ "~a+~ ~~v S°°I~~Ad~ C~ I~@eision, tt~ oattached is for yoaar 4aifora-raataoaaf~+l@ R'leas~ vale or ~t~.1Sc as el :d i 'dlfw'ia ~~Il~ e~~1Sti'n ~~Ti1Nd~iC R~SdD&P, 'd12ak^€^ ~vPfl,y.,~^: , .~:v~i;i~ :a~xaaax2.in,FS ?r,; 'ii~y~, G-'~~n~crlefl ~@;~~, ~.ha@aa F~i~~;~+r?~nraa°t:@r ~r~aCla> ~3d=~ =~`~a ~:~a.aTna blvd.: ~oonsa :3~~, lrlocno4 ilu, ~:avr <,i~ r~~s~'i -~§~?v`~ c,r ;~Il~an-ae (~a_.`~) ~a~~e (~'ba,'~) ~~°~~~~OO. 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