HomeMy WebLinkAboutCOM 0237.001 2004-2006 4~~ ~ `a~~H.
j/ a 1Y3
9 ~ L ~\\F~y~~``,
LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~~l jII DIRECTOR OF HEALTH
H~
O
OP Rh~'6~d0~44C.fl 3.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
D:WW 1718 PN CL.wpd
Cl wbG5G<"v2
April 11, 2005
Mr. Garrett Leong .
Brown & Caldwell
119 Merchant Street Suite 200
Honolulu, Hawaii 96813
Dear Mr. Leong:
Subject: Variance Application No. WW 1718
Docket No. 05-VWW-056
Transcontinental Development Company /
Waikoloa Development Company -King's Grille
Use of a Large Septic Tank at Waikoloa Development
150 Waikoloa Beach Drive
Waikoloa, Hawaii 96738
TMK: (3) 6-9-008: 012
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 ashlevanstarbulletin.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 Ilogan@ westhawaiitoday. com
237• I
~~r. ,or__,_~__-
-
p
tta#. C!cte ePR 9 9nnF _
Mr. Garrett Leong
April 11, 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 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,
~~.~~G~~~ ~ti
THOMAS E. ARIZUMI,
Chief, Environmental Management Division
Enclosures: Receipt No. 11823
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
District Health Office -Kona
~A-lawaii County Council
Wastewater Branch -Kona Staff Engineer
WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 171 B
DOCKET NO. 05 - V W W - 05 B
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 which would receive
1,940 gpd to serve the King's Grill restaurant establishment at the Waikoloa Golf
Course located at 150 Waikoloa Beach Drive, Waikoloa, Hawaii 96738, and identified
as TMK: (3) 6-9-008: 012.
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 1,940 gallons per day.
2. The large capacity septic system proposed does 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 facility has been in operation for 14 years in this location using the
existing cesspool. The existing cesspool is located below grade between
the golf clubhouse and the 18'h green of the golf course. The installation
of a wastewater treatment plant would have to located above grade and in
view of resort golfers. This resort golf course depends heavily on
providing an aesthetically pleasing facility and there is no location on site
that would be out of view of golfers. Customers to the golf course would
likely be reduced.
6. 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.
7 The LCC serving this facility has been in operation for 14 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. The owner may be forced to close my
existing business and lay off my employees.
8. The existing LCC will be upgraded to an IWS (septic system). The IWS
(septic system) will provide a better treatment system prior to effluent
disposai. 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.
9. 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.
10. Although the location of the facility is not physically restrictive, the
potential locations for an aesthetically acceptable facility is severely
restrictive. This resort golf course depends heavily on providing an
aesthetically pleasing facility, and there is no location on site that would
be out of view of golfers. Customers to the golf course would likely be
reduced.
11. The variance is requested for the maximum of five (5) years.
A photo (King's Grille and Pro Shop sites) has been attached but can not be
displayed 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 586-4294 or fax 586-4300 to obtain a black & white 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. W W ~.Pj
Environmental Management Division Docket No. 45 - VWW - ~
APPLICATION FOR VARIANCE-Primarily Concernine Large Capacity Cesspools
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004)
Submit the original, one (1) 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 11 "format (for copying purposes).
I. GENERAL INFORMATION (please print or type):
A. Name: Waikoloa Development Company - KinQ's Grille
(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
? Church
Simplified Form: ~lpplicafion for HAR Chapter 11-62 Variance (Large Capncity Cesspool)
2/22/2005 Page 11
School
Gol f course clubhouse/restroom
Restaurant/food establishment
? Hotel
Others, please speoify.
? Residential LCC
? Multiple dwelling
? Community system
? Regional system
? Others, please specify.
Provide location of existing cesspool(s):
Tax Map Key no.: f 3 ) 6 - 9 - 08 12
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 Manager
Address: 119 Merchant Street, Suite 200
Honolulu Oahu 96813
(city) (island) (zip code)
Simplified Form: Application jor HAR Chapter 17-62 Variance (Large Capncity Cesspool)
2/32/2005 Page ?1
Phone No.: 808-523-8499 Fax No.: 808-533-0226
Emai] Address: Qleon~(c~brwnca(d.com
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested.
Check annlicable sections.
Section 11-62-03 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 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 [0,000 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 1 Q 000
square feet which were created and recorded before the effective date of
this rule, only one individual wastewater system shall be allowed."
? Section 11-62-31.7 (a) (2)(A) "Developments involving buildings other
than dwellings. The wastewaterJlow 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: ,4pplica~ion for HAR Chapter 11-62 varaance (Large Capacity Cesspool)
2/22/2005 Page IV
? Section 11-62-31.1 (a) (2)(B) "Developments involving buildings other
than dwellings. The total wastewater flow shall not exceed I S, 000 gallons
per day. "
? Section 11-62-31.1 (a) (2)(C) "Developments involving buildings other
tixan dweliings. Area of the iot shah not be less roan 1 v, vvG syuure feei
exceptfor 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 e
fective date of this rule, only one individual wastewater
system shall be allowed. "
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 I1-62-31.1
(a) (2)(C): The total area of the subject lot is 8, SOO.ft~. The lot has 2 buildings
nn 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 proiected flow exceeds
1 000 eallons per day The proiected maximum flow is estimated at 1 940 gallons
per day
Simplified Forth: Application for HAR Chapter I1-62 Variance (Large Capncary Cesspool)
2/22/2005 Pagc 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.
U 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 ft~of lot area.
O The large capacity septic system proposed to serve the facility would not comply
with HAR Section l 1-62-03 because the IWS would receive more than 1,000
gallons per day of wastewater. The estimated flow into the system would be
1,940 (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 Fonn: Application Jbr HAR Chapter 11-62 Variance (Large Capacity Cesspool)
2/22/2005 Page Vl
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
SigiiiiiCailtiy add iv the CvriStruCtiGri wSt, mwCii ao rcqu a much gieatcr
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 [o abandon the business operation.
O If not in the choices, please specify. The facility has been in operation for 14
years in this location usine the existine cesspool. The existing ool is
located below >?rade between the golf clubhouse and the 18th green of the golf
course. The installation of a wastewater treatment plant would have to be
located above grade and in view of resort golfers. This resort golf course
depends heavily on providing an aesthetically pleasin fg
acility, and there is no
location on site that would be out of the view of eolfers. Customers to the golf
course would likely be reduced.
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 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 [he
existing LCC. Therefore minimizes impact to the environment.
Simplified Form: Application Jbr HAR Chapter 17-6d Variance (Large Capacity Cesspool)
2/22/2005 Pagc VlI
Prevent loss ofjobs. "the LCC serving my facility has been in operation for 14
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 force to close my existing business
and lay off my employees.
? If not in Che choices, please specify.
(2) The granting of the variance will not substantially endanger human health
or safety.
O 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.
? 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.
Simplified Form .4pplicatinn Jor t/AR Chapter 11-61 Variance (Large Capacity Cesspool)
2/22/2005 Page VI?
(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.
Tf not in the choices, please specify. Although the location of the facility is not
physically restrictive the potential locations for an aestheticall~ptable
facility is severely restrictive This resort eolf course depends heavily on
providing an aestheticallypleasing facility and there is no location on site that
would be out of view of golfers Customers to the golf course would likely be
reduced.
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: Applicntion for HAR Chapter 17-62 Vnrinnce (Lnrge Capncaty Cesspool)
2/22/2005 Page IX
Ill. CERTIFICATION:
I, Garrett Leong Proiect Manager ,
(print name) (print title)
ramify that T have knpwledge of the farts herein_ set forth apd that the came are tri,e and
correct to the best of my knowl dge and belief.
Signature:
Date: Y/L=?/`~~ _
DO NOT WRITE BELOWp -FOR AGENCY USE ONLY
IV. Date Application received: `~^/~f~~ ~~y,~ ~05
V. Application No.: r rr~ I J n
VI. Docket No.: ~ V ~ (~~~~Jy~
VII. Received by: r I ~M ~
X300.00 n a~aa o ~ ~ og (p5 ! ~
VIII. Filing feef~9A-96~check date: p, Check # 1 ~ «aq
IX. Department of Health Receipt # ~ ~ V
X. Decision on Application (including date):
XI. Date of Public Hearing:
oj~the wastewater systems.
Simplified Form: Application for NAR Chapter 11-62 Variance (Large Capacity Cesspool)
2/22/2005 Page X
f
~ ~ ~
{
MI6.. nr :'R ,k'-.,p2~ V
' ~ 1 .
R
rf sax~~~ R \T,k
!7 ~V u
' _ 1' ~ 1
C,4e ;
4'.e~p
qtr -.5 a~~~
\
A
•J 1
l `j' IJ
~4 "
~y r~~'
t.,
A .~iP
~6
~a~.
A g~
~
1y ' .
n
4 `C. ,a- .r a
_ _
gY
y ~ ~A^ ~
1
X r
a' t..
z ~
~'~'rat~rraitta~ Date: ~ g~ ~ fee Y~ate: 9_
dJas~te~ater F3raz~~~-a - ~Jar~arie~ Applieati~~ ~~4~ r?Do~ke't l~d® _
~Tarxae/TatRe = - ~ ,
S JE,~°_~_°: _ ,
f Cover 1?etter, I~ublic llpotice ~ iariance Application -
F-~-- - -
l.araft S.aecisYOn (over i~etter, Recision ~ a~+rder and ~-~nd~s crt p=act ~C;onciusi®ns o[ a~aw
l='inal Decision Cover X~etter, Signed Decision ~ Order and ~'ind~s of Pact far Coree;lusnox~ ~f Law
- -
1501 `~O:
Dare~.~eor a7f I-Iealth " Chiyoare Leinaala Pukino -
Deputy Director for Environmental Health Administration - La~xrence Lau ~
- Chief, lE
MD - ad`homas E. Arizumi ~
.Attorney General's Office, AG Mark Bennet, Deputy Mark McConneL Deputy Ben %2oberts
Glean Water )3ranch -Denis Lau
Environmental Planning Office -June Harrigan Lum °
_ Safe Drinking Water Branch -William Wong
Sanitation Branch -Commercial Properties Only9
_ Wastewater Branch_ Neighbor Island Sta# - ~ [~Gt I~~YI~
Board of Water Supply - Cli#ord Jamille
County of Hawaii Dept of Water Supply -Milton Pavao
County of Maui Dept of Water Supply -George''fo `Cengaa~
YYauai +'~oaanty Department caf Water Ernest Y.W, luau
Dastric.~t Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Kona - ,Supervising Sanitarian [rLL~ S 4 f~17
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
Oahu Neighborhood Board •
City & County of Honolulu, Department of Planning & Permittin
~ ti41( CQJU ~1,/L1 t Q -
V~ AC"i70N REC~YBES°°°1'ED: _ _
Regarding the Cover Letter, Public Notice F,r ~/ariance Application, please cheek one boaGe
[ ]Recommend to GRANT this variance application.
[ ]Recommend to DENY this variance application.
Please feel free to submit comments when returning thus route slip to t a~lda~ess listed belowa
Regardinal thk~ DRAY-T Decision, please feel free to wrike cormections/roaenfis oxr the attackaed
documents and/or submit formal comments iaa writing to the address listed laelow.
Regardinel thc~ F~1AL SIGNED Decision, t'iae attackaed. is for your inforxraationffile. Pleases file or
discard at your discretion, `Thank you.--
please feel free to svxk~~axnit diaxenmP~ntis to: Mr. Harold Yee, Chief; Wa~ee~uater B:r~~~e;h, ~fl9 ~ ~oaaaa ~31vd.
Room 309, Honoluiu, Hawaii 9613"l~1-4920 or phone (SOS) 58'5-~~~9~1 fa% (~a`a~') ~~'OP~l~0C1.
~eoeived by YJM,B _ variance route sliq~.doc as of 2/JO/2CP(~5 vweN