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LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3376 In reply, please refer to:
HONC LULU, HAWA1196601-3376 File:
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C1 WB050220
P.pril 18, 2005
Mr. Wesley R. Segawa
Wesley R. Segawa & Associates
101 Silva Street, Suite 201
Hilo, Hawaii 96720
Dear Mr. Segawa:
Subject: Variance Application No. VVW 167 Docket No. 05-VVVVU-07
Concerning Mr. & Mrs. Paul Matsumoto
Use of Large Septic Tank and Conversion of Existing Large Capacity Cesspool
into Seepage Pit for Residential Development of Four (4) Lots with a Three (3)
Story Apartment Building, Convenience Store, a Warehouse and a Dwelling
1142 Ainaloa Drive, Hilo, Hawaii 96720
TMK: (3) 2-4-020: 033, 034 035 and 036 24, OOOsf
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are al:>o enclosing for your information the Findings of
Fact and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater
Branch at direct toll-free no. 974-4000, ext. 134294 or fax (808) 586-4300, on or before the close
of business on Friday April 29, 2005. If we do not hear from you by the above date, the draft
will be finalized. Feel free to call or fax our office if you wish to discuss the decision and/or add
any additional information.
Sincerely,
. ~
THOMAS E. ARIZUMI, P. IEF
Environmental Management Division
LNKM:erm
Enclosures: Draft Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
District Health Office -Hilo
Environmental Planning Office ZS
Safe Drinking Water Branch Comm. No.
De~partment of Water Supply -County of Hawaii Ref. To:
I~l9awaii County Council Rsf. Late -~F~~~"
Wastewater Branch -Hilo Staff Engineer
STP,TE OF HAWAII
DEPART"MENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VW W-01
Variance Application No. WW 167 )
for Individual Wastewater System )
Concerning Mr. & Mrs. Paul Matsumoto )
Use of Large Septic Tank and Conersion ) DRAFT -SIGNATURE
of Existing Large Capacity Cesspool into ) NOT REQUIRED
Seepage Pit for Residential Development )
of Four (4) Lots with Three (3) Story )
Apartment Building, Convenience StorE:, a )
Warehouse and a Dwelling )
1142 Ainaloa Drive, Hilo, Hawaii 96720 )
TMK: (3) 2-4-020: 033, 034, 035 & 036 )
24,000 square feet )
DECISION AND ORDER
Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11,
Administrative Rules and based upon tFie application and staff review, the Variance
Request from the provisions of Chapter 11-62, Section 11-62-23.1(c)(1) is hereby
GRANTED with the following provisions:
1. All Cesspools be upgraded to treatment individual wastewater systems
(IWSs) such as septic tans; systems.
2. All wastewater plans must conform to applicable provisions of the
Department of Health's Administrative Rules, Chapter 11-62, "Wastewater
Systems." We do reserve the right to review the detailed wastewater
plans for conformance to applicable rules.
3. Plans for each IWS must be submitted to the Wastewater Branch for
review and approval at the time of building permit application. In addition,
the IWS must be approved in writing before it may be used.
4. Each septic tank shall be fitted with an effluent filter.
5. Easements shall be established such that wastewater from various
buildings on various lots can treat and dispose of wastewater in a common
area.
6. The existing cesspool(s) and its conversion into a seepage pit shall be
permitted by the Underground Injection Control Program of the
Department's Safe Drinking Water Branch. Application for this activity
shall be submitted prior to operation of the new wastewater system.
7. The dwellings shall conrnsct to the County sewer service system when it
becomes available to the area.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
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i ivi er ~i v ie r-~N pnv.a ~Ciii ~ VO(.I~C^L IVV. Vi!-V VV Vti -V I
Variance Application No. WW 167 )
for Individual Wastewater System )
Concerning Mr. & Mrs. Paul Matsumoto )
Use of Large Septic Tank and Conversion ) DRAFT -SIGNATURE
of Existing Large Capacity Cesspool into ) NOT REQUIRED
Seepage Pit for Residential Development )
of Four (4) Lots with Three (3) Story )
Apartment Building, Convenience Store, a )
Warehouse and a Dwelling )
1142 Ainaloa Drive, Hilo, Hawaii 9672() )
TMK: (3) 2-4-020: 033, 034, 035 & 03Ei )
24,000 square feet )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the authorized agent, Mr. Wesley R. Segawa of Wesley R. Segawa
& Associates, Inc., 101 Silva Street Suite 201, Hilo, Hawaii 96720 for a five (5) year
variance from Hawaii Administrative Rules (HAR), Section 11-2-03, IWS definition,
Section 11-62-31.1(a)91)(A), Residential developments and Section
11-62-31.1(a)(2)(A), Developments involving buildings other than dwellings has been to
the Department.
Findings of Fact
The applicants Paul and Kay Matsumoto are requesting to use a large septic tank and
convert the existing large capacity cesspool into a seepage pit on the subject property.
The property is located at 1142 Ainaolal Drive, Hilo, Hawaii and is identified as TMK:
(3) 2-4-020: 033, 034, 035 and 036. The four (4) lots total 24,000 square feet in area.
The applicant has made the following statements:
1. The total area of the subjf;ct property is approximately 24,000 square feet.
The property contains a three (3) story apartment building, a convenience
store, a warehouse, and ai dwelling which are all served by a cesspool.
The estimate daily wastevrater flow is 4,600 gallons.
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 4,600 gallons per day.
3. 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.
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 25+ 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.
6. The applicant believes this variance 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. Prevent loss of jobs. ThE; current State requirements of a wastewater
treatment plant would sicnificantly add to the construction cost as well as
require a much greater ongoing maintenance cost. The owner may be
forced to close the existing business and lay off employees.
8. The variance is requested for the maximum time allowable of five (5)
years.
The following Department of Health agencies submitted the following comments:
A. The Safe Drinking Water Branch submitted the following comments:
1., The project site is situated "mauka" or above the UIC line;
therefore, it overlies or recharges a potential underground source of
drinking water. CF!apter 11-23, the UIC rules, prohibits the
construction and operation of any new sewage injection well above
the UIC line;
2. The LCC needs to be registered under a UIC permit because the
LCC receives morf: than one thousand gallons per day of
wastewater flow. The LCC is an existing injection well. After the
conversion of the I_CC into a seepage pit, the UIC permit is still
applicable and required to operate the seepage pit as an injection
well;
3. If a variance is granted, appropriate conditions should be imposed
to insure proper operation and maintenance of the individual
wastewater system; and
4. We have no objection to the variance.
Please call us if you haves any questions about our comments.
B. The Clean Water Branch submitted the following comment:
1. Recommend to grant this variance application.
2. Connection to the County sewer system should be considered
when available.
C. The Wastewater Branch submitted the following comments:
1. All Cesspools be upgraded to treatment individual wastewater
systems (IWSs) such as septic tank systems.
2. All wastewater plans must conform to applicable provisions of the
Department of Health's Administrative Rules, Chapter 11-62,
"Wastewater Syste:ms." We do reserve the right to review the
detailed wastewater plans for conformance to applicable rules.
3. Plans for each IW:i must be submitted to the Wastewater Branch
for review and approval at the time of building permit application. In
addition, the IWS rnust be approved in writing before it may be
used.
4. Each septic tank shall be fitted with an effluent filter.
5. The owner shall e~:ecute proper documents or secure County
authorization to utilize the various properties as a single wastewater
disposal system. '"his may include easements and rights to use a
single wastewater system serving various buildings on differing
properties;
6. The dwellings shall connect to the County sewer service system
when it becomes available to the area.
Conclusions of Law
Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no
variance shall be granted by the Department unless the application and supporting
information clearly show that:
1. The granting of the variance is in the public interest as defined in the
Hawaii Revised Statutes, Section 342D-6(c)(4).
2. The granting of this variance will not substantially endanger human health
or safety.
3. Compliance with the rules, regulations or standards from which the
variance is sought would produce serious hardship without equal or
greater benefits to the public.
Based upon the foregoing findings of fact, it is concluded that the above requirements
have been met.
Comment and Recommendation
Based upon the foregoing findings of fiact and conclusions of law, it is my
recommendation that the variance request be GRANTED with the following conditions:
1. All Cesspools be upgraded to treatment individual wastewater systems
(IWSs) such as septic tank systems.
2. All wastewater plans mu:;t conform to applicable provisions of the
Department of Health's P,dministrative Rules, Chapter 11-62, "Wastewater
Systems." We do reserve the right to review the detailed wastewater
plans for conformance to applicable rules.
3. Plans for each IWS shall be submitted to the Wastewater Branch for
review and approval before any construction is started on the wastewater
system. In addition, the IWS shall be approved in writing before it is
placed into operation.
4. Each septic tank shall be fitted with an effluent filter.
5. Easements shall be established such that wastewater from various
buildings on various lots can treat and dispose of wastewater in a common
area.
6. The existing cesspool(s) ,snd its conversion into a seepage pit shall be
permitted by the Underground Injection Control Program of the
Department's Safe Drinking Water Branch. Application for this activity
shall be submitted prior to operation of the new wastewater system.
7. The wastewater system shall connect to the County sewer service system
when it becomes available to the area.
DATED: Honolulu, Hawaii, _
Draft -Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
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DRAFT Decisi®n t4c iirdea° and ~'endiiigs ®9 F'ac8 sera] ~;®nciarseaa~as T.aev ~
I2irector of Health, Cluyome L. P ~akirno
Deputy IDirector for Environmental P3ealth Administration, J~aurence K. g,au
;r nvironmental Management Divi:;ion, 'Thomas E. Arizunil, Chief
Attorney C'seneral's a7ffice, Mark Bennet, T9ep. Mark McConnel or Dep. Ben btoberts
dean Water branch, A7enis I,au, 13rarach Chief
vistrict Faeaith i~fnce 't=' Att;i: ~;,i bi,1 r'1'" -
Environmental Planning d)ff;ce, June Jlarrigan m g,um, Program Manager
Safe J)rinking WaR~,r Branch, William Wong, Branch Chief'
Sanitation Branch, Brian Choy, Branch Chief
,Water. ,j l ~ t r
Neighborhood Board #
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®ther: l- _ a:: -
~e rsesRHar~coancarerr~ism~____~
Please fee] free to write corrections/comments on the attached dooume'nts and/or submiR f®rrnal
comments in writing. Please mail all documents directly to:
Harold wee, Chief
T3~H-EiVfi[3, Wastewater Branch
j 939 Al's. Moans 131vd. doom 3b9
hJonol~alu, fgawaii 96~T4~4920
Attn: PLiD Section, ~laa~ance
Should you have questions, please contact ~:he Wastewater g3rano3r's Planrair2g ~ fTesign
' Section, I on ~ajiwara at telephone number on fDahu at X30&)5f3~i~4§~9~4.
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Received by lNasieaa stet r3rancr~ / /
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