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HomeMy WebLinkAboutCOM 0257.000 2004-2006 S ~ ~+~1 °r' a sa t LINDA LINGLE j CMIVOME LEINAALA FUKINO, M. D. GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH ~`d\ ehrs ST TE OF HAWAII DEPA TMENT OF HEALTH P.O. BOX 3376 In reply, please rater to: HON LULU, HAWAII 96801-3378 File: D:WW 182 PN CL.wpd Ct wb080225 pril 18, 2005 I Mr. David Levenson, Trustee 508 San Anselmo Avenue, #17 San Anselmo, California 94960 Dear Mr. Levenson: Subject: Variance Application N . WW 182 Docket No. 05-VWW-1 Replacement of Existing Large Capacity Cesspools to Treatment Individual Wastewater S stems serving aDeli -Mango Court LLC 79-7460 Mamalahoa Hi hway Kealakekua, Hawaii 967 0 TMK: (3) 7-9-007: 029 The Department has reviewed the su 'act application for a variance from Chapter 11-62, Hawaii Administrative ules. 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 pu lit notice. Please read the public notice and contact the Department of Health Wa tewater Branch if any discrepancies or corrections are required. If the public otice is satisfactory, the public notice is required to be published in the Honolulu Star-B Iletin and West Hawaii Today one (1) time only. Please contact the follow agent es for assistance in the publishing of the public notice: Honolulu Star Bulletin Seven Waterfront Plaza Suite 5 0 500 Ala Moana Blvd. Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, t~lephone (808) 529-4827 or fax (808) 529-4826 email ashley@starbulletin.com Comm. No. ~ Rif. To: it:sf, 4?ute~T'~~~ Mr. David Levenson April 18, 2005 Page 2 West Hawaii Today P. O. Box 789 Kailua-Kona, Hawaii 90"745, telephone ("808j3L9-9311 fax (808)329-3659 email llogan@ westha waiitoda y. com 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 (808) 586-4294 or fax (808)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)forfuture use. Sincerely, THOMAS E. ARIZUMI, ~7_~ Chief, Environmental Management Division Enclosures: Receipt No. 11834 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 D~trict Health Office -Kona ~lawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 182 DOCKET NO. 05 - V W W - 16 Pursuant to §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. David Levenson, Trustee for Mango Court, LLC of 508 San Anselmo Avenue #17, San Anslemo, California 94960 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 a variance from HAR, Section 11-62-03 which by definition restricts use of an IWS to flo~?us of 1000 gallons/day or less. This variance request is to allow for a single system ~~vith a design flow of 2,500 gal/day. This system would serve 2 existing commercial buildings, 1 existing residential building and possible future development. The property is lo~~ated at 79-7460 Mamalahoa Highway, Kealakekua, Hawaii, TMK: (3) 7-9-007: 029. The applicant has made the following comments. 1. 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 2500 g~~llons per day. 2. 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. 3. 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 co;~t. 4. 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. Th<s new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. 5. Construction and maintenance costs for a WWTP will be passed on to commercial and residential tenants thus possibly requiring existing businesses to close and tenants to vacate. 6. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatrent system prior to effluent disposal. The IWS will be designed and con:~tructed to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. 7. The proposed treatmen: 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. 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. Best accommodates long term commercial leases. 10. 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, 9151 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 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 decisien 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 ~o~ Environmental Management Division Docket No. VWW - APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 .c.Ubmit 1::^ !7\ l....e nrj final R pnc rD v anti filln^ fee Of X344.44 na ablo fn CCate L+f Nawaii tn; Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 5864294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8 Yz" x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: IJ~.J1D A L.'E~JE~50~1 ~~~.JS1 (Corporation, company, agency, firm, etc. seeking variance) Mailing address: FJO~ SA.J A..1SEW.o ~JE. i~\'-l spa ~asELN.o LA 9491oa (City) (I;;land) (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 [ ] School [ ] Goff course clubhouse I restroom [)C] Restaurant/fooclestablishment DE~-C LfcENsE oa~~+ [ ] Others, please specify: [ ] Residential LCC M~~ [~C ] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please spec'rfy: Provide location of existing ces:spool(s): Tax Map Key No. L~) -i - b'l Zg Applimtion for LCC Vadance.doc vww as of December 9, 2004 Page ~ of 6 1=Oahu 2=Maui 3=Big Island 4=N:auai ..11 79-74bo MiiM+al-+~`t~oA ~i\be~w~r{ (number) (strE~et) (City) (Island) (Zipcode) B. Individual authorized to act for applicant: Name: ~a..l~? P~ • l.E V i~~ So. ~ Title: ~ i'~7STE'E Address: G/o LLAR-~ 1Zrc~kL ~ ~...o Q- j~3-?~w.J -75 - S ~ 221. k., r~k. ~ ~ w~{ t~ Z\ (City) e2 (Island) (Zip code) Phone No.: g0$ 32q - S9~ Fax No.: X043 3Z9 8/02. Email Address: C. Identify the specific section(s) of (;hapter 11-62 which the variance is requested. Check applicable sections: [X] Section 11-62-03 Definitions state "Individual wastewater system means a facility which is designed to receive ane' dispose of no more than 1000 gallons per day of domestic wastewater. Individual ws~stewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal system 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 10,000 square feet of land area for each individual wastewater system." [ ] Section 11-62-31.1(a)91)(C) 'For residential developments. Area of the lot shall not be less than 10, 000 square fefet except for lots created and recorcled 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 10, 000 square feet of usable land area which shall not include the area under the buildings." [ ] Section 11-62-31.1(a)92)(B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15, 000 gallons per day.' [ ] Section 11-62-3f.1(a)(2)(C) "Developments involving buildings other than dwellings. Area of the lot shall not be less than 1 Q 000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10,000 square feet Applicatlon for LCC Vadance.doc vww as of December 9, 2004 Page 2 of 6 which were created and recorded before the effective date of this rule, only one individual wastewaters}stem shall be allowed." It. 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 square feet. The lot has 2 buildings on it consisting of a resfaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000 9Pd•) i~Etilv~e-S ~ e~ JRZ-~ ~e.t eE ~s t-~.~. 1-~+~C?~. ~C ~ y~a.1 bZ-o3 wc~:ek't 17Ea~Cwr•J ~.c5'cQ-K--CS ~S~ t~F f~l TvJS ~ ~v.J~ of \~'y bMS~~~ o~ l~~cSS. I~~S Jt~~-f~ntCE ~1~.1ES'C' •~S Tb A.~-1.ovJ ~2 A. 5 ~abl.E S-tS~..n w a ~~'cs lbr~1 f bvJ o~ '~r S~ b~.~-~'D~c.~ _ 1 k,~S 5ti5'C'FH yJ~puL~ l-E9.aE Z E>ctSTI~.Ib Lorv.M>v~C.~Pc~ ~~~.D~~.1b5 ~~~~J-ham. ~•ES~~'`~~`/~a~ ~v~\,17\ryb ~A..ID ~oSS~3LE h.,Tu'i.~ l~~y'l>~~-~. B. Describe how these present or ~xoposed conditions fail to conform with the environmental rules of the State. Check applicable ~:ategory and fill-in-the missing information as appropriate. [ ] The area of the tot is _ 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. The large capacity septic: system proposed tD serve the facility would not comply with HAR Section 11-62-03 tecause the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 2 Soo gallons per day. [ j If not in the choices, please specify. C. Describe in detail why the present or proposed equipment and/or operating conditions cannot Applica0on for LCC Vadance.doc vww as of December 9, 2004 Page 3 of 6 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. 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. 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. The facility has been in operatiori for years in this location using the existing cesspool. The insCallation 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. ( j 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). 17(~ 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. [ ] Prevent loss of jobs. The LCC serving my facility has been in operation for years. T'he current State requirements of a wastewater treatment plant would sign~cantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. [X] CoVS^cWC.~ror~1 ~ MA~wI ~Ewt fwLE CsySCS ~ro~ h W wT~~ W ~~.L BE ~'hSt.~D O~ To C~o~•«~C-~[,~RL 1~.E'5~~~~~ ~e.~ hates 'i~~~s `?~'s~~r ~2p~.~.v,1~, E~..sT~a~• '3.ysf~5s '~o GCE g C'~E.~+~aTS To ~/P.,ch . (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 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. Applica4on for LCC Variance.dce vww as of December 9, 2004 Page 4 of 6 10/10/2000 00:43 6505999150 SNOWBALL RECORDS rAI~E 0D c~ , The proposed treatment Individual wastewater sysloms will pravida greater protection then the large cepaciry cesspools. The proposed IWS is en improvement to the existing cesspool In terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior ro edluant disposal. [ ) It not In the choices, plsase specify. (3) Compliance with the rules or standards from which the variance is sought would produce serious heldshlp withwt equal or greater benetlls to the public. [ ) The residents of the _ are essentially economlteay depress d. The owner aF the facility simply cannot allord to buYtl and operete wastewater systems meeting all the requlremenm of HAR Chapter 1 t-62 such es smell aerobic wastewater treatment plants. [ ) The existing looatlon of the hcllity Is severely restrictive. Thera is simply no space to construct a wastewater heahnent plant E. Specify the amount qF Ume tequeslud~ for Ne variance and the reasons for such a time.perlod. Note chat the Director cannot Issue a variance for a period exceeding iNe years (11 additional space is required, please include the Information on a separate attachment and label "Attacbmem E-1"). Check appllcabie amount of time requeetod. $FJS'C g4eawOaY~GS twNV _-Krt~w La+"~ORL~Mr- ~fc+ryc^s . ~ 5 years [ 1 a yeare [ 1 3 Years [ 1 2 years [ 1 F Yew F. Submit any additional inlormetlon which will support this application for a varance (i.e., statements, plans, area maps, histories, etc., end label'Attachment F-1'). III. CERTIFICATION: \ I, 1J a1J ~D fi t...E~l~iw~SON ~C~RJSI~E~G (pant name) (Pont title) cerUty that I have knowledge of the facts herein set Sonh and that the same arc true and correct to the ~est of my knowle and ballet. Signature: Data: 3-z~-~s DO NOT WRITE BELOW • FOR AGENCY USE ONLY IV. Date Application rawived: Papa s or a xyPlkaawl i'pr LCG vaAarca.dx vww a ol0awm0ar 9, 200d V. Application No.: V`fGV ~`/1I,~v/'^"r- I V I. Docket No. Op"?~t ~I~ V Y V Y V J VII. Received by: ~v7~p~ G VIII. Filing fee ($300.00) check date: ~ ~ " /CV~~,~ ~ Check # IX. Department of Health Receipt # (ZJ~ X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC Variance.doc vwa as of December Si, 2004 Page 6 of 6 ti MPMAIAHpp NIGHNUY fJ. ~ s x F e ~ a ~ U ~ ~ c F ~ F W 4 ~ ~ OZ w0 W 2y 2 O F ~ n 2 8~~ o~ L t f ~ ~ O z ~9 a ~'a'~~ ~9 'gym o J ~m g~ ~ Z x ~ o ~ ~ o w ~ z We - 1 ° o as 7a ~ ~ < ~ ~ s m ~ 3 ~ g ~ ~ s: > a by ~ o W ~ E ~ 3' hb~~~p~ ~ ~ ~ ~ ~ c y~ o ~y p ~ s d S o ~ ~I pb~~k~ F o ~ ~ ~ g F _ FF~Z m y ~ O O~€ 2 _ ~y O~ y 0 ~ O y< ~ H u< y CV Q~ ~ W Z s Z p U V~ M S SAS ~ p fy3u~ yK~V ~°~yy U ~ fflpSSS g <2 ~ W ~ F W W a ~ Z _ _ _ ~.r ~ _ - _ - - O Z~ i W µ V FF b ~~'a rah ~ U \ st~a~ W z rn v ~ C w ~ 0 9 r-i z 3 ~ ~ r~ m ~ ~ p z rc i 1'~ 0 4b~p w ~ Q~ u A p1~ f ~i g ~ OfiPP' rb0 O b H~ z N p ~ ru F LS ~ O cp °a g `b-: ~ ~X F ~ " ~O' ~ ~ - Z x c~v !y a LS~ ~ uFO (s] ~.'~m z ~ ~ [O ~w E-~ ~ 6~ a' 4. X Txar~rraittal DatE: w ~ ' •'v , _y _ SuapEn~~ D~tE: ~w j r`;~~ ; ~y y> - '~.~'~s°tE~a~cE~~ ~r~,n:,'t, - ~.iara~.n~E ~,pg?aC~t~ora ~~0.'>~11W r . - DockE~t ~o_~__ 1~`r~fix'iE~/7'~t~E i ~ tl i yz iY~~i ~ a^ ~ y cx^, ~ ECT: I Coves Letter, P+ablic t~iotice ~ ~Iariance Application ~ ~n~cai e. iie~isluxx Vuvex~ LC'LL~A', iec;iSirJn ~F iJrder anA 9°flrlQii47~.^~ [7t f aGL ~s-.~r~nGltlsle~rl~ Q¢ l.aW-.-- ~'LFinal Decision Cover Letter, Signed Lecision Fr Order and Findings of Fact ~ Conclusions of Law ROUTE TO; Director of Health - Chiyome Leinaala Fukino - - Deputy Director for Environmental Health Administration -Laurence Lau Chief, E,N1D - Tlxorr~as E. Ariaumi - Attorney General's Office, AG Mark Bennet, Deputy Mark McGoru,el, Deputy Ben Roberts Clean Water Branch -Denis Lau Environmental Planning Office -June 1-lara°igan Lum Safe Drinking Water Branch -William Wonq ~ Sanitation Branch -Commercial Properties Only! Wastewater Branch Neighbor Island Staff - Board of Water Supply -Clifford Ja:mille County of llawaii Dept of Water Supply -Milton Pavao ~.'ocar,ty of Maui Depk of Water Supply -George `1'engan Kauai County Department of Water Ernest 1'.W, Lau District Health Office -Maui - Herbert Matsubayashi, Chief Sanitarian District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian District Health Office -Kona -Paul Okuna, Supervising Sanitarian District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Nei hborhood Board ~ _ City Fx County of Honolulu, Department of Plannin & Permittin .t' - -1C`TION REQUES'1EDe Regarding the Cover Letter, Public Plotice $ Variance Application, please check one box. [ ]Recommend to GRANT this vaa~iance application. i~~, [ ] Recommend to DENT'this variance application. Please feel free to sa:bmit comments when returning than route slip try t add~~ess listed below. Regardir,q the DRAFT Decision, pled,se feel free to write corrections/con~rraents on the attached dacuar,ents and/or .submit formafl comments in wratin~t~e address flnsted below. --------rRegarding the FINAL SIGNED Decision, the attached as for your informatiornffilP, :Please Eels or J discard at your discretion. Thank you~!_ Please feel fires to suzara,it t!a.Ae°nlt~ to: Mr. lI<~°c?ld fee, Chiexo WastPVnsa',.er Braa~,~k~„ b~l'.`~ ~al~ Y~iasa€~a ~31vd. doom X09, Honolulu, '4lawaii 96F314- 420 or phone (i~'08') X86-~~~~1 fax dF~O~) ~~~a-~~Q~O, 12ec2ived by ln~nik3 yaviance aoarte ~tip.d©c as z9f 2/YO/;IC1~J5 wnw