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HomeMy WebLinkAboutCOM 0279.000 2004-2006 o_ ~ LINDA LINGLE ' ONIYDME L. FUKIND. M.D.. GOVERNOR OF HAWAII ~ DIRECTOR OF HE/.LTH ~q J~ J ~O® 6~` STATE O~'HAWAII " DEPARTMENT OF HEALTH P.O. BO~-3776; In reel EMDe/ WB (er la: HONOLULU, HAWAII 96601 May 2, 2005 W W 163 Final Dec CLwpd C1 W6050260 CERTIFIED MAIL 7002 3150 0001 6551 0149 RETURN RECEIPT REQUESTED Mr. Chad McDonald Mitsunaga & Associates, Inc. 747 Amana Street, Suite 216 Honolulu, Hawaii 96814 Dear Mr. McDonald: Subject: Variance Application No. WIN 163 Docket No. 04-VWW-15 Two Individual Wastewater Systems to Service Existing 25-Unit Apartment Complex in which Water Flow to be Based on Water Consumption Records Hale Apartments, 65-1348 Opelo Road, Waimea, Hawaii 96743 TMK: (3) 6-5-009: 024 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on April 25, 2005. We are enclosing for your information the Findings of Fact and Conclusions of Law. Please note the variance conditions and if there are any questions relative to the variance, please do not hesitate to contact Mr. Harold Yee, Chief, or Ms. Lori Morikami, Planning & Design Section Planner of the Wastewater Branch at 586-4294, or fax 586-4300. Sincerely, ~J~~ THOMAS E. ARIZUMI, CHIEF Environmental Management Division LNKM:erm Enclosures: Final Decision and Order Findings of Fact and Conclusions of Law c: Clean Water Branch District Health Office -Hilo Environmental Planning Office Safe Drinking Water Branch Cornet. No. Department of Water -County of Hawaii ~iawaiiCountyCouncil TO~_ ; Wastewater Branch -Hilo Staff Engineer Ref. iJ~:e-_M~_1 ~ ~I STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 04-VWW-15 Variance Application No. WW 163 ) for Individual Wastewater System ) Two Individual Wastewater Systems ) to Service Existing 25-Unit Apartment ) Complex in which Water Flow to be ) Based on Water Consumption Records ) Hale Waimea Apartments ) 65-1348 Opelo Road ) Waimea, Hawaii 96743 ) TMK: (3) 6-5-009: 024 ) DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11, Administrative Rules and based upon the application and staff review, the Variance Request from the provisions of Chapter 11-62, Section 11-62-23.1(a)(1)(A), 11-62-31.1(b)(2) and 11-62-34(c)(2) & (d)(2) is hereby GRANTED with the following provisions: 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 Systems" except for provisions that a variance has been granted for. 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. In addition, the IWS must be approved in writing before it maybe used. 4. Each septic tank shall be fitted with an effluent filter. 5. The development shall connect to the County sewer service system should it become available to the area. 6. The cesspools appear to be operating without a required UIC permit. A UIC permit application must be submitted immediately to register the two (2) injection-well cesspools. DATED: Honolulu, Hawaii, April 25. 2005 Thomas E. Arizumi, ~E. hief Environmental Mana ment Division The applicant has made the following statements. 1. Two individual wastewater systems are proposed for the existing site. Current rules require a minimum of 20,000 sf of land area for the required wastewater systems. Approximately 11,500 sf of land area is available within the 30,000 sf property. 2. Due to cost constraints and limited availability of open land area, two individual wastewater systems (septic tanks and seepage pits) are proposed to service the 25-unit apartment building. Currently, two cesspools service the property. 3. Due to the limited open space, design flows are based on water consumption records. 4. Item II (A): Presently the wastewater effluent generated by the 25-unit, 49 bedroom apartment building is serviced by two existing cesspools, which function satisfactorily. Due to the limited availability of open land area, the proposed improvements to the individual wastewater system will consist of installing two 3,000 gallon septic tanks and utilizing the existing cesspools as seepage pits. The existing cesspools will be pumped and cleaned. In addition, the design flows for the system will be based on consumption records for the property, and not on the standard criteria of 200 gal/bedroom per day to help limit the flow requirements for the individual wastewater system. 5. Item (2)(B): a. An individual wastewater system requires 10,000 square feet of land area, therefore, two systems would require a minimum of 20,000 square feet. The available land area within the 30,000 sf property is approximately 11,500 sf. b. More than one dwelling unit will be connected to an individual wastewater system. c. The design flows for the individual wastewater system will be based on water consumption records for the apartment complex rather than the standard 200 gal/bedroom per day. 6. Presently, the wastewater effluent generated by the 24-unit apartment complex is serviced by two cesspools located on-site. Although improvements to the individual wastewater system are proposed, full compliance of the environmental rules covered in Chapter 11-62 will not Hale Waimea Apartments -Variance Application W W 163, Docket No. 04-VW W-15, Findings of Fact and Conclusions of Law, Page 2 STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 04-VWW-15 Variance Application No. WW 163 ) for Individual Wastewater System ) Two Individual Wastewater Systems ) to Service Existing 25-Unit Apartment ) Complex in which Water Flow to be ) Based on Water Consumption Records ) Hale Waimea Apartments ) 65-1348 Opelo Road ) Waimea, Hawaii 96743 ) TMK: (3) 6-5-009: 024 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the designated agent, Chad McDonald of Mitsunaga & Associates, Inc. 747 Amana Street, Suite 216, Honolulu, Hawaii 96814 for afive-year variance from the Hawaii Administrative Rules, Chapter 62, Section 11-62-31.1(a)(1)(A), 11-62-31.1(b)(2) and 11-62-34(c)(2) and (d)(2) was reviewed by the Department of Health staff, and public notice of the application was printed in the February 11, 2005 issues of the Honolulu Star Bulleting and Hawaii Tribune Herald publications. Three (3) Department of Health agency comments and no public comment pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The applicant, Hale Waimea Apartments of 65-1348 Opelo Road, Waimea, Hawaii has applied for a five (5) year variance from the above mentioned sections which pertain to the following: there shall be 10,000 square feet of land area for each individual wastewater system; a building may use more than one individual wastewater system where each individual wastewater system shall connect to a single dwelling unit; and the minimum area in any absorption bed and seepage pit shall be based on a flow of 200 gallons per bedroom per day. The applicant is asking to use two (2) individual wastewater systems to be sized on water consumption records to service an existing 25-unit apartment complex. Hale Waimea Apartments -Variance Application W W 163, Docket No. 04-VWW-15, Findings of Fact and Conclusions of Law, Page 1 be met due to the limited availability of open land within the 30,000 sf property. The proposed improvements include the installation of two 3,000 gallon septic tanks and utilizing the existing cesspools as seepage pits. 7. Item D(1 The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 352.D-5(c) since the proposed improvements include upgrading the existing large capacity cesspool system to a septic tank and leach field/seepage pit system. Improvements to the system are initiated to meet the United States Environmental Protection Agency (EPA) adoption of the Safe Drinking Water Act, which requires abandonment of large capacity cesspools. Large capacity cesspools are identified as those cesspools receiving domestic wastes from 20 or more persons per day, or more than 1,000 gallons per day of domestic wastewater. 8. Item D(2): The granting of the variance will not substantially endanger human health or safety since the wastewater effluent will no longer be directly discharged into the cesspools. The proposed improvements will direct the wastewater effluent through septic tanks prior to discharge through absorption beds and seepage pits. Furthermore, no potable drinking sources (i.e. water wells) exist within a 1/4 mile radius of the property. 9. Item D(3): In order to fully comply with the environmental rules additional property would be required, which would be costly and is not readily available. In addition, the existing tenants would need to be displaced if the wastewater collection and disposal system required a significant overhaul in which the existing cesspool could not remain operable during the period of construction improvements. Therefore, compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. Vicinity maps, plot maps and calculation sheets have been attached to this application for variance but can not be shown here. The following Department of Health agencies submitted the following comments: The Safe Drinking Water Branch submitted the following comments: 1. The site is located above the Underground Injection Control (UIC) Line. There are no program-recorded drinking water wells within 1/4 mile of the facility; Hale Waimea Apartments -Variance Application W W 163, Docket No. 04-VW W-15, Findings of Fact and Conclusions of Law, Page 3 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 fact 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 must conform to applicable provisions of the Department of Health's Administrative Rules, Chapter 11-62, "Wastewater Systems" except for provisions that a variance has been granted for. 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. 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. The development shall connect to the County sewer service system should it become available to the area. 6. The cesspools appear to be operating without a required UIC permit. A UIC permit application must be submitted immediately to register the two (2) injection-well cesspools. The foregoing findings of fact and conclusions of law are hereby adopted. DATED: Honolulu, Hawaii, April 25. 2005 Thomas E. Arizumi, P. Chief, Environmental Management Division Hale Waimea Apartments -Variance Application W W 1fi3, Docket No. 04-VW W-15, Findings of Facf and Conclusions of Law, Page 5 6}~'~ k} (r~ 1 9qd I v :~~c;e ° a~~i~eaY~e^~..~,~~Jy '~~e9~e3I'Iao~:^.b~~e~ - r=T~e,~ zPl[ dt9e ~ ~ ~ ~ ~ ~I@~NEI9 P'~1.9L, ~esasa®~ ~ Order aa~d I+'ina3i~rgs ~o6Eact ~rar$ ~;nncluss©~s aaT~~aw Director of Health, Chiyome L. P'ukano Dept}ty Directoz for Environmental Health Administration, Laurence K. L au Environmental Management Division, Tho}nas E. A}izurr}i, Chief Attorney 6aeneral's Offioe, Mark Bennet, Dep. Mark McConnel or Dep. Ben Roberts Clean Water Branch, Derus Lau, Branch Chief District Health Office Attn: - ? t~ , ~'1~ Environmental Planning Office, June Harrigan - Lum, Program Manager Sala T~rinkina Water Branch, William Wnnv Rrannh Chief a ---o> _Sanit€ition Branch, Brian Choy, Branch Chief V 1 Water ~ _ ~ t ~;`f-;"~ NeighborhoodyBoard # _ . Other Attn f t t; Other: Attn: , Other: Attn: Other: Attn: 1'raa• use: TILE ATT.~CHE1D YS FOR YOITR Ili'Y~'ORR~IATION PLEASE &'Ig:IE OR I3ISCARI9 AT YOUR IDISCRETION Sl}ouid you have questions, please contact the Wastewater Branoh's Planning & Design Section, Lori Kajiwaza at telephone number on Oahu at (808)586-4294. Vu Fusel Dec rouge: wpd VA.R as aF AV oust A. J004