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LINDA LINOLE / DHIYOME L. FUgNO. M.D..
GOVERNOR OF HAWAII DM3ECTOR OF HEALTH
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STATE OF WAI~IV~AII`~
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer lo:
HONOLULU, HAWAII 966th' EMD/ WB
May 2, 2005
D:WW 183 PN CL.wpd
Mr. Keith Kato C1 wbo5o290
Hawaii Island Community
Development Corporation
100 Pauahi Street, # 204
Hilo, Hawaii 96720
Dear Mr. Kato:
Subject: Variance Application No. WW 183
Docket No. 05-VWW-17
Hualalai Elderly Housing Phase III
75-260 Hualalai Road
Kailua-Kona, Hawaii 96740
TMK: (3) 7-5-010: 084 3,698 acre parcel
The Department has reviewed your preliminary application for a variance from Chapter 11-62,
Hawaii Administrative Rules for the subject project. 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
500A1a Moana Blvd.
Seven Waterfront Plaza Suite 500
Honolulu, Hawaii 96813
contact Ms. Ashley McKinley, to/ephone (808)529-4827 fax (808) 529-4826
email ashley~a starbulletin.com
West Hawaii Today
P.O. Box 789
Kailua-Kona, Hawaii 96745, telephone (808)329-9311 fax (808)329-3659
email Ilogan@ westhawaiitoday. 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
Comm. No. 2_.--? ~
Ref. Tov
c:-f. c'~~:~ MAY
1_-`~--
Mr. Keith Kato
May 2, 2005
Page 2
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 in 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
no. 974-4000 ext. 64294, 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) for future use.
Sincerely,
THOMAS E. ARIZUMI,
Chief, Environmental Management Division
LNKM:erm
Enclosures: Receipt No. 13801
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 -Hilo
~fawaii County Council
Wastewater Branch -Kona Staff Engineer
WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 183
DOCKET NO. 05 - V W W - 17
Pursuant to Hawaii Revised Statutes, §342D-7(i}, the State Department of Health (DOH)
seeks written comments from interested persons regarding the following. Mr. Keith Kato, Executive
Director, Hawaii Island Community Development Corporation, located at 100 Pauahi Street #204,
Hilo, Hawaii 96720, has applied for a five (5} year variance from Hawaii Administrative Rules (HAR),
Sections 11-62-03 pertaining to the definition of an individual wastewater system, 11-62-
31.1(a)(2)(D) pertaining to the total wastewater flow into an IWS and 11-62-34(c)(2)(A} pertaining to
the minimum flow per bedroom when sizing an absorption bed for the Hualalai Elderly Housing
Phase III development.
The applicant is proposing to develop the Hualalai Elderly Housing Phase III project on a
3.698 acre parcel of land subdivided out of an existing parcel identified by TMK (3) 7-5-010: 084.
The applicant has made the following comments (some of the statements have been
condensed and the Tables will not be shown -the full application can be viewed or faxed
upon request).
1. The parcel is located on the makai side of Hualalai Road in Kailua-Kona, Hawaii.
This proposed project includes 30 one bedroom dwelling units split equally between
six buildings configured into two wings. A separate Common Room houses laundry
facilities (absent in the individual dwelling units}, an administrative office and a
separate restroom. It is proposed to provide two separate Individual Wastewater
Systems (IWS) for each wing and a separate system for the Common Room for a
total of five (5) IWSs. Flows from each wing will be split with wastewater from 7
dwelling units directed to one IWS and 8 dwelling units being directed to another
IWS. As no laundry facilities are not installed in individual dwelling units, the daily
wastewater volume for the Common Room is an aggregate of discharge from laundry
activities (30 dwelling units x 30 gallons per unit = 900 gallons per day), two office
workers (30 gallons per day) and Common Room bathroom use (150 gallons per
day}. Wastewater flow volumes are summarized in the following Table 1:
7 Unit IWS 1,190 Gallons per Day Each
8 Unit IWS 1,360 Gallons per Day Each
Gommon Room 1,080 Gallons per Day
Total Project Flow 6,180 Gallons per Day
Septic tank and absorption bed sizes are summarized in the following Table 2:
Septic Tank Size Absorption Bed Size
7 Unit IWS 1,500 Gallons Each 12' x 35' (420 sq.ft,) Each
8 Unit IWS 1,500 Gallons Each 12' x 41' (492 sq.ft.) Each
Common Room 1,500 Gallons Each 12' x 35' (420 sq.ft.} Each
2. The proposed conditions fail to conform to the environmental rules of the State in the
following manners:
The proposed systems exceed 1000 gallons per day;
The proposed systems serve more than 5 bedrooms and more than two
dwellings;
• The proposed systems serving the dwelling units utilize absorption beds
based upon a flow of 170 gallons per day.
3. The proposed equipment and operating conditions cannot be altered to bring the
facility into compliance with the environmental rules fo the state within a reasonable
amount of time for the following reason:
• The proposed equipment is intended to provide affordable housing for elderly
residents on the island of Hawaii. The construction of the development is
subsidized by the United States Department of Agriculb_~re (USDAI, Rural
Development Program. The additional cost of providing a sewage treatment
plant for the facility would increase the construction cost significantly and
could exceed the funds available from USDA for the project. Likewise,
constructing septic tank systems segmented into 1000 gallon increments
would also increase the cost of the proposed wastewater system by a
significant amount thus having a similar adverse impact on the availability of
sufficient funds for project construction.
4. The granting of this variance is in the public interest as defined in the Hawaii Revised
Statues, section 342.D-6(c) in that it provides affordable housing for low income
elderly residents of Hawaii Island. The residents of this facility will come from income
brackets that would not allow them to construct and own homes on their own. These
residents could become homeless or need help from State (or County) agencies for
housing as an alternative to the construction of the proposed facility.
5. The granting of this variance will not substantially endanger human health of safety.
The proposed wastewater systems will collect, treat, and dispose of the domestic
wastewater in such a manner that no health of safety concerns are created. The
Kailua-Kona area in general and the project site specifically has a sufficiently
permeable substructure and it is anticipated that the septic tanks systems will perform
well. No sources of potable drinking water are within 1000 feet from the proposed
septic tank systems and no impacts to existing or future drinking water sources are
anticipated. The proposed septic systems are located at sufficient elevation
(approximately 165 feet above mean sea level) and sufficient horizontal distance
(approximately % mile) to minimize their potential to contamination of shoreline
waters.
6. 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 proposed elderly housing project are essentially economically
depressed of financially disadvantaged . Couple with unprecedented increases in
housing costs without assistance from other State or County agencies. Requiring
compliance to the subject rules addressed by this variance request will not provide
much greater benefits to the environment of the public than the proposed septic tank
systems would provide.
7. The time period requested for this wastewater variance is five years. This time period
is necessary to allow for the construction and ongoing occupation and operation of
the proposed affordable elderly housing facility.
A plot plan was included as Attachment F-1. To view the full application with plot plan,
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 L. FUKINO, M.D.
Director of Health
State of Hawaii Wastewater
Oepartmeni of Health
Environmental Management Division Docket opl_-0C~ VYJW
A__PPLICATION FOR VARIANCE -Effective December 9 2004
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues)
Submit two (2) (one original 8 one copy) and filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moans Blvd- Room 309
Honolulu, Hawaii 96814-4920
Ptt(808~586-4294 Fax (808)586-4300
Attachments are allowed, but preferred in 8'fz" x 11"format (for copying purposes).
I. GENERAL INFORMATION (please print or type):
A. Name: Hualalai Rlderly Housing Phave 9 Limited Partnership
(Corporation, company, agency, firm, etc. seeking variance)
100 Pauahi Street 11204
Mailing address:
Hilo Hawaii 96720
(City) (Island) (Zip code)
Brief Description of Variance:
Plant or Equipmern location: Tax Map Key n: ( 3 ) 75=10: 84
Divisions: 7-Oahu 2=Maui Big Islano 6-Kauai (Division) Zone - Sec - Plat Parcel
75-260 Hualalai Road
(Number) (Street)
Yailua-Vona, u~~~~aii QF,7Ln
(City) (Island) (Zip code)
B. Individual authorized to act for applicant:
Name: Keith Kato Title: Executive Director
Address: 100 Pauahi Street 11204
H}~ n ul Qr,77f1
(City) (Island) (ZIp code)
Phone No.: 808-969-1158 x 105 Fax No.:808-935-6916
Email Address: kaith(dhirAr.org
C. Identify the specific section of Chapter 11-62 which the variance is requested. If
additional space is required, please inclutle information on a separate attachment and
label 'Attachment I'. (Chapter 11-62 may be viewed at www.hawaii qov/doh/ select Rules
8 Regulations, DOH Administrative Rules Title 11,HAR, Wastewater Branch, 62)
See Attachment I
ll. SPECIFIC INFORMATION:
A. Describe in detail the present and/or proposed equipment and/or discharge and the
present and/or proposed operating conditions of the facility in relation to the requested
variance ('rf additional space is required, include the information on a separate attachment
and label 'Attachment A-1').
See Attachment A-I
B. Descnbe how these present or proposed conditions fail to conform with the environmental
rules of the State (if additional space is required, include the information on a separate
attachment and label 'Attachment B-1').
See Attachment B-I
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 (if additional space is required, please include
the information on a separate attachment and label 'Attachment C-1').
See Attachment C-I
D. As a separate attachment ('Attachment D-1, D-2 and D-3"), supply supporting information
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).
See Attachment D-1
(2) The granting of the variance will not substantially endanger human health or
safety.
See Attachment D-2
(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.
See Attachment D-3
Applicaifon la Variance.0ot vww February 2005 Page 2 of 3
„ ,..r p.~r
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-7').
SEE A~TT?.GrAM@aT E-\
F. Submit any adtlitional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label'Attachment F-1").
S Ee p.'trr.cA rnC.JZ'f F-
III. CERTIFICATION:
Keith Kato Executive Dirctor
I, ,
(print name) (pnnt 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. _
Signature: t/1.,1~,
f'/~',t,~ (//Ly/
Date: z~zi~~nns
DO NOT WRITE BEyL-OW -FOR AGENC~Y/U~S'E~ONLY
IV. Date App~icationreceived:_ ~}in~/\~~/~12.5r v'.".'~
V. Application No.: ¦ ' • - I
VI. Docket No.: O15 ~ AyAW V `r
VII. Received by: ~~77.tp~,"~^~1~`rl ,/1
VIII. Filing Fee ($300.00) check date: ~~L C/ ' IJ~~iJ Check tf ~ y~ _
IX. Department of Health Receipt tt: I v ~O
X. Derision on Application (including date):
XI. Dale of PW>lic Hearing:
APp~~ea6on for Variarce.tloc vww feWUary 2005 Page 3 of 3
Attachment I
• Section 11-62-03 Definitions "Individual wastewater system means a facility which
is designed to receive and dispose of no more than 1000 gallons per day of domestic
wastewater"
• Section 11'-62-31.1(D) "I'he total wastewater flow into one individual wastewater
system shall not exceed one thousand gallons and one individual wastewater system
shall not serve more than five bedrooms, whether they are in one dwelling unit or
two.
• Section 11-62-34 (2)( A) "The minimum area for any absorption bed shall be based
upon a flow of 200 gallons per bedroom per day and in accordance with Table III
dated Apri] 15, 19971ocated at the end of this chapter."
Attachment A-1
The Hualalai Elderly Housing Phase III development will be constructed on a 3.698 acre
parcel of land subdivided out of an existing parcel identified by Tax Map Key (3) 7-5-
10:84. The parcel is located on the makai side of Hualalai Road in Kailua-Kona located
on the west side of Hawaii Island. This proposed project includes 30 one bedroom
dwelling units split equally between six buildings configured into two `wings". A
separate Common Room houses laundry facilities (absent in the individual dwelling
units), an administrative office and a separate restroom. It is proposed to provide two
separate Individual Wastewater Systems (fWS) for each 15 dwelling unit wing and a
separate system for the Common Room for a total of 5 IWS. Flows from each dwelling
unit wing will be split with wastewater from 7 dwelling units directed to one IWS and 8
dwelling units being directed to another IWS. In that laundry facilities are not installed in
the individual dwelling units and are instead located within the Common Room, daily
wastewater volumes for each dwelling unit are considered to be 170 gallons per day. The
wastewater volume for the Common Room is an aggregate of discharge from laundry
activities, 30 dwelling units x 30 gallons per unit (900 gallons per day), two office
workers (30 gallons per day) and Common Room bathroom use (150 gallons per day).
Wastewater flow volumes are summarized in the following Table 1:
7 Unit IWS 1,190 Gallons er Da Each
8 Unit IWS 1,360 Gallons er Da Each
Common Room 1,080 Gallons Per Da
Total Pro~ect Flow 6,180 Gallons er Da
Table 1
Septic tank and absorption bed sizes are summarized in the following Table 2:
Se tic Tank Size Abso ion Bed Size
7 Unit IWS 1,500 Gallons Each 12' x 35' 420 s .ft. Each
8 Unit IWS 1,500 Gallons Each 12' x 41' 492 s .ft Each
Common Room 1,500 Gallons Each 12' x 35' 420 s .ft Each
Tablet
Attachment B-1
The proposed conditions fail to conform to the environmental rules of the State in the
following manners:
• The proposed systems exceed 1000 gallons per day;
• The proposed systems serve more than 5 bedrooms and more than two dwellings;
• The proposed systems serving the dwelling units utilize absorption beds based upon a
flow of 170 gallons per day.
Attachment C-]
The proposed equipment and operating conditions cannot be altered to bring the facility
into compliance with the environmental rules of the state within a reasonable amount of
time for the following reason:
• The proposed development is intended to provide affordable housing for elderly
residents of Hawaii Island. The construction of the development is subsidized by the
United States Department of Agriculture (USDA), Rural Development Program. The
additional cost of providing a sewage treatment plant for the facility would increase
the construction cost significantly and could exceed the funds available from USDA
for the project. Likewise, constructing septic tank systems segmented into 1000
gallon increments would also increase the cost of the proposed wastewater system by
a significant amount thus having a similar adverse impact on the availability of
sufficient funds for project construction.
Attachment D-1
The granting of this variance is in the public interest as defined in the Hawaii Revised
Statutes, section 342.D-6(c) in that it provides affordable housing for low income elderly
residents of Hawaii Island. The residents of this facility will come from income brackets
that would not allow them to construct and own homes of their own. These residents
could become homeless or need help from State (or County) agencies for housing as an
alternative to the construction of the proposed facility.
S
Attachment D-2
The granting of this variance will not substantially endanger human health or safety. The
proposed wastewater systems will collect, treat and dispose of the domestic wastewater in
such a manner that no health or safety concerns are created. The Kailua-Kona area in
general and the project site specifically has a sufficiently permeable substructure and it is
anticipated that the septic tank systems will perform well. No sources of potable dunking
water aze within 1000 feet from the proposed septic tank systems and no impacts to
existing or future drinking water sources are anticipated. The proposed septic systems
aze located at sufficient elevation (approximately 165 feet above mean sea level) and
sufficient horizontal distance (approximately '/z mile) to minimize their potential to
contamination of shoreline waters.
Attachment D-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
proposed elderly housing project are essentially economically depressed or financially
disadvantaged. Coupled with unprecedented increases in housing costs, many of the
residents of the proposed facility would not be able to afford housing without assistance
from other State or County agencies. Requiring compliance to the subject rules
addressed by this variance request will not provide much greater benefits to the
environment or the public than the proposed septic tank systems would provide.
Attachment E-1
The time period requested for this wastewater variance is five years. This time period is
necessary to allow for the construction and ongoing occupation and operation of the
proposed affordable elderly housing facility.
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~'ransn~ittal Date: , ~,.y ~ ~ ,=y~~ Si.~e~~~ ~at~: ~ __r~?!~S
WastQWater branch - 3Tarianc~ Application PJc~. WW 'I D~ck~t lV®. ~ n !a ,
l~arrae/'°Tatle ,P ~~~~L?'p ,~~~~'~u`-r" t~% u -
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Cover I~r, Public Notice ~ ~~aa~iance Application _ _
Draft I?ecisian Cover i,etter, Decision Order and Findings of Fad ~Concluanoras csf l~a~
_ panel Decision Cover Letter, Signed Decision 8r Order and Pleadings of Fact ~ Conclusions oaf Laaw
RO11 ~'f9. _ _ _ _
Dnrector of Health - Chiyome Leinaala Pukino _ ~
De ty Darector for Environmental Health Admiaaistration -Laurence Lau _
Chief, F.MD -14nomas E, Ariz+aani
Attorney General`s Office, AG Mark Bea3rnet, De~aaty Mark McConnel, Deputr~Ben Roberks _
Clean Water Branch -Denis Lau T
Environmental Plannin CHfice -June Harrigan Lum
_ Safe Drinkin Water Branch -William Won
Sanitation Branch - Coara=+er!'ial Pro roes Onlyl
Wastewater Branch Neighbor Island Staff -
B:~ard of Water Supply -Clifford Jamille
C~~usaty of Hawaii Dept of Water Supply ~ Milton I'avao
County of Maui Dept of Water Supply ~ George Y. `i'eaagan
Kauai County Department of Water Ernest Y.W. Lau
District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
District Health Office -Kauai ° Clyde Takekuana, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervising Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
Oahu Neighborhood Board ~
City County of Honolulu, Department of Planning 8r Permitting
U
Regardir+g tine Cover Letter, PiabliC i~lotace Fx 4ariance Application, please check one boxy
( ~ Recammend to GRANT this variance application,
~ recomrraend to DENS'this variance application.
`please f~.el free to subanit coinrraents wl~n returning this route slip to the address listed below.
regarding the DFLAF°f Decision, please feel free to write coa~ectionsOconanaent~ on t~ attaclxe~
dU~uSaieaats and/or submit formal coaxnarients in writing to the address listed below. _
- Regarding the 1'dNAL SIGNED Decision, the attached is for yodar inforaraatioaa,/file. Please file o,
discard at your diseretion. -`Ttaank you. ___t~_ ~
Please f€el free to subarsit e~orrsasaents t:ca: Mrr. l~Yarold Yee, Chief, Wasttewaratrer 13ranch, ~lS Ala 1?d~ana Lily
loom ~0~,, llonoiul~ Hawaii 9Ci$z~l-~lg~~} or phone {$O$') S$~-294 fait {a3'O$) S$~-X1300.
T?,2ces,re<d ~ s''v2?~~ . ~ ~zadance ~~uc58E slik~.&ac as ~f 2/a0/2t~9S v