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HomeMy WebLinkAboutCOM 0237.002 2004-2006 Vie.,,.°...5 c`'~k a~,,a :+S I t~.113b, LINDA LINGLE ti CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~i~ DIflECTOR OF HEALTH ~1W w9.®.pp. PB'v'R STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3376 Fjfe: D:WW 171G PN CL1Vtld C1-Wb056Z1'I April 12, 2005 Mr. Garrett Leong Brown & Caldwell 119 Merchant Street, Suite 200 Honolulu, Hawaii 96813 Dear Mr. Leong: Subject: Variance Application No. WIN 171 C Docket No. 05-VWW-05C Transcontinental Development Company /Waikoloa Development Company -Golf Course Clubhouse / Restroom Use of 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 far 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@ westha waiitoday. com Comm. No. 2 3'1' Z Ref. To: f. AP 2 2 20 5 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 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, r-~ THOMAS E. ARIZUMI, P.E. Chief, Environmental Management Division Enclosures: Receipt No. 11824 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 Di ict Health Office -Kona awaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 171 C DOCKET NO. 05 - V W W - 05 C 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 to serve the golf course clubhouse / restroom facilities of 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 from HAR Section 11-62-03: The projected flow exceeds 1,000 gallons per day. The projected maximum flow is estimated at 3,980 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. Tfie 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 minimizes impact to the environment. 7. The LCC serving the 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 his 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 disposal. The I~~'S vrill be designed and constructed to meat 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. If you would like to view the application, 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. WW ~ ~ Ci Environmental Management Division Docket No. ~ - VWW - QS G APPLICATION FOR VARIANCE-Primarily Concerning Large Capacity Cessaools 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 ''/s" x I 1 "format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: Waikoloa Development Company -Pro Shog (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: Application for FEAR Chapter 11-62 Variance (Large Capacity Cesspool) 2/22/2005 Page II ? School Golf course clubhouse/restroom ? Restaurant/food establishment ? Hotel ? Others, please specify. ? Residential LCC ? Multiple dwelling ? Community system ? Regional system ? Others, please specify. Provide location of existing cesspool(s): Tax Map Key no.: ( 3 1 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: ,4pplication jor f~fAR Chapter 17-62 Variance (Large Capacity Cesspool) 2/22/2005 Page RI Phone No.: 808-523-8499 Fax No.: 808-533-0226 Email Address: gleono c~brwncald.com C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. (`h Pr,1G appl~~ahlP ce~gtjnnc. Section JJ-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 I1-62-31.1 (cz) (])(A) "For residential developments. There shall be 10, 000 square feet of land area for each individual wastewater system. " ? Section 11-62-31.1 (a) (I)(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 1 Q 000 square feet of usable land area which shall not include the area under buildings. " Simplified Form: Application jor HAR Chapter 11-62 Variance (Lnrge Capacity Cesspool) 2/22/2005 Page IV ? Section 11-62-31.1 (a) (2)(B) "Developments involving buildings other [han dwellings. The total wastewater flow shall not exceed 1 S, 000 gallons per- day. ? Section 11-62-31.1 (a) (2)(C) "Developments involving buildings other than d;e~ellings. Area f the Ict shall act be less thar. 10,000 square feet except for lots created and recorded before the effective date of this rue. For lots less than 10, 000 sguare feet which were created and recorded before the effective 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 11-62-31.1 (a) (2)(C): The total area of the subject lot is 8, 500 ft~. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewaterflow is 2,OOOgpd.) Requested Variance is for HAR Section 11-62-03: The projected flow exceeds 1,000 Qallons per dav. The projected maximum flow is estimated at 3,980 allons per dav. Simplified Form: Application jor HAR Chapter 17-61 Variance (Lmge Capncaty Cesspool) 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. U The area of the lot is square feet. This is insufficient to meet the minimum ]and area requirements for IWS utilization which is one IWS per 10,000 ft~of tot 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 3,980 (max) 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: Applicn~ion for HAR Chapter I1-62 l/ariance (Gorge CapnciN 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 S7gnihGantiy' add t0 the CGP StrIlCtlOn C09t, a~ Vell a5 regUL'e a .,,nCh greateC 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. The facility has been in operation for 14 years in this location using the existin¢ cesspool. The existing cess op of is located below grade between the ¢olf clubhouse and the 18ih green of the golf course. The installation of a wastewater treatment plant would have to be located above Qrade and in view of resort golfers. This resort eolf course depends heavil~on providing an aestheticall~pleasinQ facility, and there is no location on site that would be out of the view of golfers. Customers to the golf course would likel~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 [he 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 1 /-6~ Variance (Large Capacity Cesspool) 2/22/2005 Page VII O Prevent loss ofjobs. The LCC serving my facility has been in operation for 14 years. The current State requirements of a wastewater treatment plant wou]d 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. (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 [he 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 no[ in the choices, please specify. Simplified Form: Application jor HAR Chapter /1-62 Variance (Large Capacity Cesspool) 2/22/2005 Page VII[ (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 al] the requirements of HAR Chapter 1 I-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. 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 pleasin facility, and there is no location on site that would be out of view of eolfers. 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 r_l Simplified Form: Application fir HAR Chnpler 11-62 Variance (Large Capncity Cesspool) 2/22/2005 Page IX III. CERTIFICATION: I, Garrett Leona Protect 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 knowle e and belief. Signature: Date: 7~/ Z3 DO NOT WRITE BELOW] ff- IIF''OR AGENCY USE ONLY IV. Date Application received: 1 ^NVn~~"'t ~~i V. Application No.: V V y V I ~t VI. Docket No.:©~15,(~~ nw y V ('~j~~~j VII. Receive by: ~ ' 1y 1~' ` ~ rr ~~~00 p2- 22 ~ D~ Check # I~ 4~~ VII]. Filing fee¢$20.4.99~ check date: IX. Department of Health Receipt # X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Fonn: Applicatran for /fAR Chapter 11-62 Variance (Large Capacity Cesspool) 2/22/2005 Page X [ Transmittal Date: ~ ~ Susp®rse Date: - I T/llasteuvater ~rancl~ ~ ~Jarianc; .d~pplication [yTO. WGV ' T~'~cke•k P~v v_ - Narzie/'Title- ~ t~ ~ ~ , ; ~ SUBJECT: Cover Letter, Public Notice w Variance Application nL~:.,.. .on ~ n:..: v... w Sys . n,au n„ n,. _ r ~w nn - tL n_an _ r:..,a: o.s~s.µ A CWnC:::-a~ ;.:a"::._- t 1"inal Decision Cover Letter,~Signed Decision FR Order and Findangs of Pact 4~ Conclusions of Law L - - ROUTE TO: _ Director of Health - Chiyome Leinaala Pukino - Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD ° Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Ben .Roberts _ Clean Water Branch -Denis Lau Environmental Planning Office -June Harrigan Lum - Safe Drinking Water Branch -William Wong Sanitation Branch -Commercial Properties Only! Wastewater Branch Neighbor Island Staff - Y ~ - Board of Water Supply -Clifford Jamille County of Hawaii Dept of Water Supply -Milton Pavao z Cotuity of Masai Dept of Water Supply -George Y. Tengan !Cauai County Department of Water Ernest Y.W. Lau District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian Distriet Health Office -Kona - Patil--0kcxr,a, Supervising Sanitarian ~ : - District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Neighborhood Board ~ City $ County of Honolulu, Department of Planning $ Permitting ACT1ON REQUESTED: Regarding the Cover Letter, Public Notice $ Variance Application, please check one box: [ ]Recommend to GRANT this variance application. [ ]Recommend to DENY this variance application. Please feel free to submit comments when returnin this route slip to the address listed below. Regarding the DRAIN' Decision, please feel free to write corrections/comments on the attached documents and/or submit formal comments in writing to the address listed below. _ Regarding the PII~IA'~ SIGNED Decision, the attached is for your information/fzle. Pleases file or discard at yaur ~l.iscretion. ".Thank yau. - Please Feel fa~ee to s~.ah~xsit tx~z~xarnent.~ ta: Mr. Harold Yee, Chief, Wastewater Branch ~1~ d~la IVloana Blvd. Roam ~(Jr3, Harnolulu, Hawaii ~Ea814-~~LO or ptu~ne (f3O~) SSC-~12~~ fax ($O£3') ~~'~-~1~00. Received by WN7B _ variance mute sli~.doc as of 2/10/2005 wuw