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LINDA LINGLE ~ 1 CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH
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°'•~s via:
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer io:
HONOLULU, HAWAII 96601-3376 File:
C1 wb050212
April 12, 2005
Mr. Garrett Leong
Brown & Caldwell
119 Merchant Street, Suite 200
Honolulu, Hawaii 96813 ,
Dear Mr. Leong:
Subject: Variance Application No. WW 171A
Docket No. OS-VWW-O5A
Transcontinental Development Company /Waikoloa
Development Company -Grounds Maintenance Building
Use of Large Septic Tank - _
At Waikoloa Development
150 Waikoloa Beach Drive
Waikoloa, Hawaii 96738
TMK: (3) 6-9-008: 011
The Department has reviewed the subject application for a variance from Chapter 11-62,
Hawaii Administrative Rules. 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 West Hawaii Today one (1) time only. Please contact the follow agencies for
assistance in the publishing of the public notice:
Honolulu Star Bulletin
contact Ms. Ashley McKinley, telephone 529-4827, fax 529-4826
email ashlevCa.starbulletin.com
West Hawaii Today
P.O. Box 789
Kailua-Kona, Hawaii 96745
Contact Ms. Lorelei Logan, telephone (808)329-9311 fax (808)329-3659
email llogan@westhawaiitoday. com
Cgr~m. No. Z~'
4if!f, P~?a AFB
Mr. Garrett Leong
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 (15) 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 our 586 4294 or fax
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,
nw
THOMAS E. ARIZUMI, P.~~
Chief, Environmental Management Division
Enclosures: Receipt No. 11822
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
strict Health Office -Kona
~awaii County Council
Wastewater Branch -Kona Staff Engineer
WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 171 A
DOCKET NO. 05 - V W W - 05 A
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. The authorized agent for Waikoloa Development, Mr. Garrett Leong of
Brown and Caldwell, 119 Merchant Street, Suite 200, Honolulu, Hawaii 96813, 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.
The applicant is requesting the use of a large septic tank. The septic system
would receive 1,500 gpd from the Grounds (Golf) Maintenance building at the Waikoloa
Golf Course located at 150 Waikoloa Beach Drive, Waikoloa, Hawaii 96738, and
identified as TMK: (3) 6-9-008: 011.
The applicant has made the following comments.
1. Requested variance is for HAR, Section 11-62-03: The projected flow
exceeds 1,000 gallons per day. The projected maximum flow is estimated
at 1,500 gallons per day.
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.
3. The existing large capacity cesspool(s) needed to be closed and replaced
with a new treatment individual wastewater system on or before
April 5, 2005 in order to comply with federal requirements.
4. 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.
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 minimize
impact to the environment.
6. The LCC serving the facility has been in operation for 25 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.
7. The existing LCC will be upgraded to an IWS (septic system). The IWS
(septic system) 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.
8. 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.
9. The variance is requested for the maximum of five (5) years.
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
586-4294 or fax 586-4300 to obtain a copy or facsimile.
DOH will consider all written comments received within 30 days of this notice. If
warranted, DOH may hold a public hearing on the variance application, after a separate
30-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. W W (1 (t4-
Environmental Management Division Docket No. ~ - VWW - ~r?Pt-
APPLICATION FOR VARIANCE-Primarily Concernine Laree Caaacity Cessuools
Was±ewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004)
Submit the original, one (])copy and filing fee of $200.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
(808)586-4294
Attachments are allowed, but preferred in 8 ''/z" x 1 1" format (for copying purposes).
I. GENERAL INFORMATION (please print or type):
A. Name: Transcontinental Development Companv/Waikoloa Development
Companv -Grounds Maintenance Buildine
(corporation, company, agency, firm, etc. seeking variance)
Mailing address: 150 Waikoloa Beach Drive
Waikoloa Hawaii 96738
(city) (island) (zip code)
Nature of Business. Check applicable category. (EPA makes the final
determination of a Large Capacity Cesspool-LCC).
Non-Residential LCC
? Retail Business
? Visitor Center
Simplified Form: Applicnrion for HAR Chapter 11-63 I~m~iance (Large Cnpacity Cesspool)
?/?2/2005 Page 11
? Church
? School
Golf course clubhouse/restroom
? Restaurant/food establishment
? Hotel
Others, please specify. Golf Maintenance Buildine
? Residential LCC
? Multiple dwelling
? Community system
? Regional system
? Others, please specify.
Provide location of existing cesspool(s):
Tax Map Key no.: ( 3 ) 6 - 9 - 08 1 l
1=Oahu 2=Maui 3=Big Island 4=Kauai
150 Waikoloa Beach Drive
(number) (street)
Waikoloa Hawaii 96738
(city) (island) (zip code)
B. Individual authorized to act for applicant:
Name: Garrett Leong Title: Project Manaeer
Address: 1 19 Merchant Street, Suite 200
Honolulu Oahu 96813
Simplified Form:.4pplicatron for HAR Chapter 71-62 Variance (Large Capacity Cesspool)
2/22/2005 Page ?I
(city) (island) (zip code)
Phone No.: 808-523-8499 Fax No.: 808-533-0226
Email Address: ~leon~na brwncald.com
T~lentifi~ the °r^,eC:f1C ~eC+lOn~c~ of ~'h ~rtPr ~ 1 _C7 ~~hie}~ t}ir yan ~,n ~a ie re~»PS*?G~.
Check applicable sections.
Section 11-62-03 Delinitians 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 systems 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 1 Q 000 square feet of land area for each individual wastewater
system. "
? Section 11-62-31.1 (a) (1)(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 I1-62-31.1 (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 buildings. "
Simplified Form: Application for HAR Chapter 11-62 variance (Large Capacity Cesspool)
2/22/2005 Page IV
? Section 11-62-31.1 (a) (2)(B) "Developments involving buildings other
than dwellings. The total wastewaterflow shall not exceed 15,000 gallons
per day. "
? Section I1-62-31.1 (a) (2)(C) "Developments involving buildings other
than dwellings. Area of the [ot shah not de iess than iG,000 sguare feei
except for lots created and recorded before the effective date of this rue.
For lots less than 1 Q 000 square feet which were created and recorded
before the effective date of this rule, only one individual wastewater
system shall he allowed.
fl. 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 total area of the subject lot is $ 500 ftz. The lot has 2 buildings
on it consisting ofa 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: The projected flow exceeds
1 000 gallons per day The projected maximum flow is estimated at 1 500 gallons
per day.
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capnciry Cesspoai)
2/22/2005 Page V
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.
ThC ° "f the IGt' f t Thi^ : rc.. ~
arCa v i squarC CC o ~S in5uuic iCnt i0 i"i~cct tuc
minimum ]and area requirements for IWS utilization which is one IWS per
10,000 ft~of lot area.
O 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
1.500 (maxi gallons per day.
? If not in the choices, please specify.
C. Describe in detail why the present or proposed equipment and/or operating
conditions cannot 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.
Simplified Form: Application jor- HAR Chapter 17-62 Variance (Lnrge Capacity Cesspool)
2/22/2005 Page VI
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.
O The current State requirement of a wastewater treatment plant would
oll ~rP
JIgm1ll,Antly GdLL tG tue CvnSir liGiiOn C~ , o yr u., ..°,gAlCe gr
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).
O The applicant believes [his 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.
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
2/22/2005 Pagc VII
? Prevent loss ofjobs. The LCC serving my facility has been in operation for 25
years. The current State requirements of a wastewater treatment plan[ would
significantly add to the construction cost, as well as require a much greater
ongoing maintenance cost. I (owner) may be force to close my existing business
and lay off my employees.
If not in the choices, please specify. The LCC servine the facility has been in
operation for 25 vears. 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.
(2) The granting of the variance will not substantially endanger human health
or safety.
O The existing I,CC will be upgraded to an IWS (septic system). The fWS (septic
system) 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.
? 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 [he choices, please specify.
Simplified Forrn: ApplicaaionJbr HAR Chapter /1-62 Variance (Large Capncity Cesspool)
2/22/2005 Page VI11
(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.
O 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.
? The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
? If not in the choices, please specify.
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.
5 years
Less than 5 years
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").
Simplified Form: Application for HAR Chapter ] 1-62 Varia~lce (Large Capacity Cesspool)
2/22/2005 Page IX
III. CERTIFICATION:
1, Garrett Leong Project Manager ,
(print name) (print title)
cciiify tii3t i iidvc iuiuwicdgc uftiic iacis ilcicill sct iiiitil aiiii ihai the ~auie ate true and
correct to the best of my know edge and belief.
Signature:
Date: Z a
DO NOT WRITE BELO~W -~FIO~R AGE^NCc~Y USGE ONLY
IV. Date Application received: M''1tw1'r 1/~~-~/~J
V. ApplicationNo.: w r~ ~~v'~
VI. DocketNo.: 05 _ V w~~ O
VII. Received b~~y:~~~~ N - g~~ - M flf~{ Kfl M
VIII. Filing fee ($~6&99~eck dateO~- 22 05 7 03J~~n ~~ek # ~ 3~ ~ 1 l~~
IX. Department of Health Receipt # I I ~ `L-
X. .Decision on Application (including date):
XI. Date of Public Hearing:
of the wastewater systems.
Simplified Form: Applicntion Jo~~ HAR Chnpter 11-62 Vm•iance (Large Capacity Cesspool)
2/22/2005 Page X
Transmittal Date: ~ ~ ~ Suspense Date: ~ ` ~ ~ , _ ,
. _ _ --a---~- _____.m.._~~.~
Sub°ect: _ _
Variance Application °e'VW - IBocket l~tuntber ~ ''~h '
77
1~(ame/~f~ltie ~ . ~ ~ ~~.'/l~ V~~~ J~ 1i~ ? li ~
~t":opies attacispd: A,etts:r to Applicant, Pssbiic 19"otice and Variance Appiication~ 1
ggAtouted to: - _~.._.__w___.~__~,_._..__~.~_.
I~ .Deputy Director for F,nvironmental Health, Attn: Laurence K. Lau
[ ]Ordinary Case (briefly _~~_~.A_.-sr_._._~
[ ] Special Case (briefly _ )
,Clean Water Branch, Attn: Denis Lau, Branch Chief
_ ~
I~isttiict Health Office _e. p ,v: 6' Attn: , n~~'i~ _ I ; i ,f`
Environmental Planning Office, Attn: June Harrigan - Lum, Program Manager
Safe Drinking Water Branch, Attn: William Wong, Branch Chief
,Sanitation Branch, Attn: Brian Choy, Branch Chief
Vt~'srtfC n„I ~J ~ ~L~ Pv~_ ti ice: 1 1 o Gw4., f/_ v
~_._a._ taTeighborhoad Board #
z~y Other ~,i;~l , / i ~ t+, 'i i~ ~a v, a
~ Y
Other ! ,4 ~`i i~ _ ,Attn: ~,h// y~ ~YY~i~,.~l,
Other: ,Attn:
Other: Attn:
Requesting recommendation from your office (please check one box):
[ ]Recommend to GRAlO'~' this variance application.
[ ]Recommend to DENY this variance application.
Please feel free to write notes/romments on the attached documents andior submit formal
comments. If there are no comments,,ivst return t}sis route silo. Please mail documents to:
M,. Harald'z'ee, Chief
DOH-BNIIi, Wastewater Branch
919 Ala Moana Blvd. Room a09
Honolulu, Hawaii 95R 14-4920
Aitn: P/D Section, e/arianae
Should you ha~~e quesiions, please corstact the Vlastewater Branch's Panning ~ I3esigrs
Section, Lori I{ajiwara at telephone number on Oahu at (S08)SS5-4294.
-+~ceivej bi 4Va>t~u aA er E3ran~'h _ / _ A, m/
s, , i ~r i