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HomeMy WebLinkAboutCOM 0238.000 2004-2006 d f.'a\1iF.L~~~: LINDA LINGLE t I CNIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH :®.p p /e STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: D:WW 174 PN CL.wpd C1 wb050206 April 12, 2005 Mr. R.T. "Doc" Halliday P.O. Box 1716 Kailua-Kona, Hawaii 96740 Dear Mr. Halliday: . Subject: Variance Application No. WW 174 Docket No. 05-VWW-08 Multiple Dwelling -Conversion of Large Capacity Cesspool at the Kona Villa Condominium 77-6439 Sea View Circle Kailua-Kona, Hawaii 96740 TMK: (3) 7-7-015: 078 The Department has reviewed the subject application for the 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 (808)529-4827 fax (808) 529-4826 email ashl~anstarbulletin.com West Hawaii Today P.O. Box 789 Kailua-Kona, Hawaii 96745 contact Ms. Lorelei Logan, telephone 329-9311 fax 329-3659 email llogan@westhawaiitoday. co 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. ¢ Comm. No. 2 ~ v Ref. To: D ~r~ _ APR 2 2 200 Mr. R.T. "Doc" Halliday April 12, 2005 Page 2 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. 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, C_~~Z~~m~i~~i~~~ THOMAS E. ARIZUMI, P.E. Chief, Environmental Management Division Enclosures: Receipt No. 11827 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 .~l4awaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 174 DOCKET NO. 05 - V W W - 08 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 fallowing. Mr. R.T. "Doc' Halliday, Property Manager of Kona Villa Condominium of P.O. Box 1716, Kailua-Kona, Hawaii 96740 has applied for a five (5) variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(1)(A) pertaining to residential developments, 11-62-31.1(a)(2)(A) pertaining to developments involving buildings other. than dwellings and 11-62-31.1(a)(2)(D) pertaining to the total wastewater flow into each individual wastewater system not exceed 1,000 gallons per day. The applicant is requesting to convert large capacity cesspools at the Kona Villa condominiums located at 77-6439 Sea View Circle, Kailua-Kona, Hawaii 96740 TMK (3) 7-7-015: 078 into septic systems. The applicant has made the following comments. 1. Requested variance is for HAR Section 11-62-31.1(a)(1)(A): The total are of the subject property is 7531 square feet. The property consists of one (1) building housing five (5) -two (2) bedroom units. An active cesspool serves three (3) S. units, and another active cesspool serves two (2) N. units. It is proposed to convert both these cesspools into seepage pits for new 1250 gallon septic tanks. 2. The area of the lot is 7531 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. 3. 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 1200 gallons per day. 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 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. 6. The facility has been in operation for 20+ 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. 7. 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. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to effluent disposal. The iVJS 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 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. 10. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 11. The variance is requested for the maximum of five (5) years. A plot map 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 B nch Department of Health Application No. WW ~ 1 Environmental Management Division Docket No. ~ - 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: R.T. "Doc" Halliday (Property Mgr) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: PO Box 1716 Kailua-Kona HI 96740 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool - LCC) r Non-Residential r Retail Business r Visitor Center r Church Simplified Form: Application for HAR Chapter 71-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 1 Prepared for by S[ephen 1. Herbert, P.E., Inc 3/1/2005 r school r Golf course clubhouse / restroom r Restaurant /Food Establishment r Hotel r Other (please specLn,~): r Residential r Multiple dweDing r Community system r Regional r Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 7 - 7 - 15 78 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 77-6439 Sea View Circle (number) (street) Kailua-Kona HI 96740 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: R.T. Halliday Title: Property Mgr Address: PO Box 1716 (street) Kailua-Kona HI 96740 (city) (island) (zip code) Phone No.: (808) 329-6789 Fax No.: E-mail Address Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/t6/2004 Page 2 Prepared for by Stephen J. Herbert, P.E., Inc 3/1/2005 C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. r 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 duy of domestic wastewater. Iredividuui wastewater syieiiis iiiay iii"valve 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 (a) (I) (A) "For residential developments. There shall be !0,000 square feet of land area for each individual wastewater system. " r Section II -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 hefore 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 II -62-31.1 (a) (2) (A) "Developments involving buildings other than dwellings. The wastewaterflow generated shall not exceed 1000 gallons per day per [0,000 square feet of usable land area which shall not include the area under buildings. " r Section I1-62-3L.1 (a) (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " ~ Section I1-62-31.1 (a) (2J (C) "Developments involving buildings other than dwellings. 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) (D) The total wastewater flow into each individual wastewater system shall no[ exceed 1,000 gallons per day" Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/1(/2004 Page 3 Prepared for by Stephen 1. Herbert, P.E., Inc 3/1/2005 IL 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 11-62-311 (a) (2) (C): The total area of the subject lot is 8,500 ftZ. The lot has 2 buildings on it consisting of a restaurant and a physical Therapy ufjtce wreich are served by a cesspooi. The estimated wasiewacer flow is 2,000 gpd.) DETAILED DESCRIPTION Requested variance is for HAR Section 11-62-31.1 (a) 1-A: The total area of the subject property is 7531 Sq Ft.' The property consists of 1 bldg, housing 5 - 2 bedroom units. An active cesspool serves 3 S. units**, and another active cesspool serves 2 N. units." It is proposed to convert both these units to seepage pits for new 1250*" gal septic tanks. ' Variance requested for HAR Section 11-62-31.1 (a) 1-A, 1-C " Variance requested for HAR Section 11-62-31.1 (a) 2-A, 11-62-31.1 (b) 2 Variance requested for HAR Section 11-62-31.1 (a) 2-D 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 7531 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization, which is one IWS per 10,000 ft2 of lot area ~ 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 1200 gallons per day. (for South 3 units) Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 4 Prepared for by Stephen J. Herbert, P.E., Inc 3/1/2005 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. r. t` The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April S, 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 on-going maintenance cost. ~ The facility has been in operation for 20+ 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. r 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) Co 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). 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. Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page S Prepared for by Stephen 1. Herbert, P.B., Inc 311/2005 r Prevent loss of jobs. The LCC serving my facility has been in operation for t`ig years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater on-going maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. r If not in the choices, please specify: (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 (septic system) will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the DOH 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 PvVS is an improvement to the existing cesspool in terms of wastewater treatment. The septic tank will provide pre-treatment and sludge removal prior to effluent disposal. r If not in the choices, please specify: Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 6 Prepared for by Stephen J. Herbert, P.E., Inc 3/1/2005 (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. r The residents of the are essentially economically depressed. r 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. r 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. r 5 years r 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 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 7 Prepared for by Stephen 1. Herbert, P.E., ]nc 3/1/2005 III. CE/R,~T,IFfICATION:// / I, A ~ 1. ~6~ Gl~~~id~ , ~~ll6nd6 A6r~~ (print name) T (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 and belief. Signat ~ / Date: ~i~~~ Z DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: 1~~'U / l~`~-~ V. Application No.: ~ ~ ~ ~ 11 f VI. Docket No.: Q ~ -'/y,, ,w Vy - b VII. Receive by: ~ Nv 1 VIII. Filing fee . ck date: 3I2"Z`'~ Check 3 IX. Department of Health Receipt ~ ~ ~ X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter I1-62 Variance (L,arge Capacity Cesspool) 9/16/2004 Page 8 Prepared for by Stephen J. Herbert, P.E., Inc 3/1/2005 STEPHEN 7. HERBERT P.E., INC. Crown Bldg.? 74-5606 Pawai PI. #203 ~ Kallua-Kona, HI 96740 Ph (808) 329-5272 ?Faz (808) 331-2744• Sherbert@hawaii.rr.com March 1, 2005 Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, HI 9 681 4-49 20 Attn: Mr. Thomas See Re: Application for Variance - LCC Kona Villa Condominium TMK ~3J 7-7-015: 78 Gentlemen: Please find enclosed copy of an Application for Variance concerning the conversion of the large capacity cesspools at the Kona Villa condominium in Kailua-Kona. In our recent conversation, you asked that a six inch observation port be shown on the septic tank cover. I have enclosed a revised sheet 13 that shows the six inch pipe and cap that will be accessible by removing the 36" cast iron cover. Should you have any furthers questions or comments concerning the design, please feel free to call at any time. Yours truly, Ste hen rber P. . encl. cc: R.T.Halliday Hawaii COnVactw ABC-9923 Hawail Civil Engineer CE-19]8 Alaska Civil Engineer PE-1589 to 1 EF~~UEt}T . ~ tUk~Y~ 38oop6~ - - xs4et~a ii SI.JaO I r f • ~ , . li..- ~ - , i ) ~ 1 i 1000 cPtLl.airt I ~ i 0 !~rLCTwNK ' . -j seo1~4 x as" ' `y ~ ~ r' . . r . I4 x ZAu.5KIe3:S' I~.~t `2. Pte. . >reRri _ ~~i wc- Flea *c~.P 0 . tee- o ~ _ ice. w ' a ~ ~ 6 ° i tB"~ ~ ~ ) a , ~ I ou scLao u~lac.IC , - - ~ lS~ R~Aew.f4 ~r 61d . ~ ~ SOLID RpC.i~ . I~~+2?'.14.rtiNL~ F4LLPD i ~ s LEU£L ',PAP - / ~ ~ , . 1 lZcvlSC.b 5/~ /o S ~l~'p= ~I~'~' SLAE DETAIL STEPHEN J. HERBERT, P.E. SEPTIC TANK COVEF~ 1 3 74-5606 PAWAIPL M203.. KAILUA-KONA H196740 REVISED 1/$/OS PHONE (806) 329-5272 /FAX (808) 331-2744 ~~"T~~~a~t~riitt~) D_~~~e ~~1~.~ ~~J j` Suspel~e ~at~; .^r--.~~~~~ W~~~er ~_r~T~~°~ ~ ~~ri~~~e ~.ppli~a~it~~i DI®o WV+J ~ ~ _ D®~iC ~i~, 9 _ _i~.1 S",7 ECL~1 T. - `~-1I(_C-o=J~Lr~~~~L~~-a~t-t~ar, P?eblec 1Votice ~r Variante Application _ _ Dr1 aft DECLS'1aYE COiler Letter. DCCiQI(]T ~ nTdoP ~Yl/~ ~iT/~i4=rte n{~aY°4 ~/env~v~lv=e+i,nseav rrF T.n.nv v - - Final Decision Covei° LetA~r, Signed Decision $r Order and Findings of Fact ~r CoTiolusions of Law RO°E Dii°ector of 1-lealth - Chiyome Leinaala Fukino ~ _ _ Deputy Director for Envlroninental Health Administration -Laurence Lau -m Chief, EMD -Thomas E. Ariaumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, De Ben 12oberts Clean Water Branch -Denis Lau - Environi~ental Planning Office -June &larrigan Lum Safe Drinking Water Branch -William Wong Sanitation Branch -Commercial Pro roes Only! Wastewater $ranch Neighbor Island Staff - Baai'd of i"v stet Supply - Ciiffai'd Jamiue Cocanty of Hawaii Dept of Water Supply -Milton Pavao Coexxaty of Maui Dept of Water Supply -George Y° Tengan Kauai Caaiaaty Departient of Water lErnest 1t.W, Lau District l lealth Office -Maui - I•Ierbert Matsubayashi, Chief Sanitarian District Flealth Office -Kauai -Clyde Takekuma, Chief Sanitarian District 1-Iealth Office -Kona -Paul Okuna, Supervisang Sanitarian District Health Office - Milo 2 Aaron Ueno, Chief Sanitarian Oahu Neighborhood Board ~ City $ County of Honolulu, Department of Planning 8r Permittin ACT1ON REC~~IESTED: Regarding the Cover Letter, Public Notice & Variance Applicatian, please check one box: [ ]Recommend to GRANT this variance application, [ ]Recommend to DENY this variance application. _Please feel free to submit comments when returning this route slip to the address listed below. ~ Regarding flee DRAI<T Decision, please feel free to write corrections/comments on the attached _ _ dacument:s aid/err submit formal comTaients in writing to the address listed below, _ Regarding) the FINAL SIGNED Decision, the attached is for your ianformation/file, Please file or discard at yoa~~ discretion. Thank you. K~lease feel fee to submit cala~ments R.o: Mr. mold Yee, Chief, Wastewatei= Bran€;h, ~1~ Moaner Blvd. ;doom 3O1~,1°laisolelu, }Iadvaii 96811 ,~1~20 or phone (808) 586--494 fax (808) E86-~$~00, 12eceived by 6t71NF3 / vartiance ea~te sHrp.doc as of 2/10/2005 vww