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HomeMy WebLinkAboutCOM 0294.000 2004-2006 i O ° M~ 4 4 . LINDA LINGLE ~ ~ CHIYOMELFUKINO. M.D.. GOVERNOR OF HAWAII OIREOTOR OF HEAITH 1~ STATE OF HAWAII r. DEPARTMENT OF HEALTH P~O. BOX 5378 - In reply, please refer to: EMD/WB HONOLUW,HAWAII 96801 ~ ' May 12, 2005 D:WW 185 PN CL.wpd C1 wb050317 Mr. Keith Kato RT Engineering, Inc. 100 Pauahi Street, #204 Hilo, Hawaii 96720 Dear Mr. Kato: Subject: Variance Application No. WW 185 Docket No. 05-VW1N-19 Development of Kinoole Senior Residences 30 One (1) Bedroom Dwelling Units 2020 Kinoole Street Hilo, Hawaii 96720 TMK: (3) 2-2-041: 010 1 acre parcel The Department has reviewed your preliminary application for the variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. 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 Hawaii Tribune Herald one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice: Honolulu Star Bulletin 500 Ala Moana Blvd. Seven Waterfront Plaza Suite 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826 email ashlev(a.starbulletin.com Hawaii Tribune-Herald contact Ms. Makanani Kaaua, telephone (800)548-1294, fax (808)969-9100 email maka(a~hawaiitribune-hearald.com Failure to have this notice published no later than 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 ~C`05iSf91(. tile. ~ ~ r`'',.e'Sf, i)CatE+~,.._4-B.GtiI-~-+2- Mr. Keith Kato May 12, 2005 Page 2 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 he advised that, pursuant to Chapter 34LD-7, SIRS, e 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 our direct toll free number 974-4000, ext. 64294, fax (808) 586-4300. Sincerely, THOMAS E. ARIZUMI, P.E. Chief, Environmental Management bivision LNKM:erm Enclosures: Receipt No. 13803 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii strict Health Office -Hilo ~awaii County Council Wastewater Branch -Hilo Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 185 DOCKET NO. 05 - V W W - 19 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 Kinoole Senior Residence development. The applicant is proposing to develop the Kinoole Senior Residences on one (1) acre parcel of land identified as TMK (3) 2-2-014: 010. The applicant has made the following comments: 1. The Kinoole Senior Residences will be constructed on a 1 acre parcel of land identified by Tax Map Key (3) 2-2-041: 010. The parcel is located on the south west corner of the intersection of Kahaopea and Kinoole Street in the Waiakea Homestead House Lots area, South Hilo District of the island of Hawaii. This proposed project includes 30 one bedroom dwelling units split equally between three three-story buildings configured into a "U" shape around a central courtyard. Separate laundry facilities (Absent in the individual dwelling units) consisting of three washers and dryers are located on the second floor. In addition an administrative office with a separate restroom and a maintenance room is also located on the first floor. It is proposed to provide four separate Individual Wastewater Systems (IWS) for the development. Two of the systems will be dedicated to receiving domestic sewage from 9 individual units apiece, one system will receive domestic sewage from 12 individual units and the separate restroom located adjacent to the administrative office while a fourth system will receive wastewater solely from the laundry facilities. In that laundry facilities are not installed in the individual apartments, daily wastewater volumes for each dwelling unit are considered to be 170 gallons per day. The wastewater volume for the laundry facilities is an aggregate of discharge from laundry activities, 30 dwelling units x 30 gallons per unit (800 gallons per day). Wastewater flow volumes are summarized in the following Table 1: 9 Unit IWS 1,700 Gallons per Day Each 12 Unit IWS w/separate restrooms 2,100 Gallons per Day Each Laundry Facilities 900 Gallons per Day Total Project Flow 4,700 Gallons per Day Septic tank and absorption bed sizes are summarized in the following Table 2: Septic Tank Size Absorption Bed Size 9 Unit IWS 2,200 Gallons Each 12' x 53' (636 sq.ft.) Each 12 Unit IWS 2,200 Gallons Each 12' x 76' (912 sq.ft.) Each Laundry Facilities 2,200 Gallons Each 9' x 22' (198 sq.ft.) Each It should be noted that the Laundry Facilities absorption bed has been sized using the formula for Rate of Sewage Application from The Manual of Septic Tank Practice as published by the United States Department of Health, Education and Welfare whereas: Rate of Sewage Application (square feet) = 5/square root of the percolation rate. In this instance the percolation rate-used in the formula is 1 minute per inch. 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 lot size, 43,560 square feet, provides less than 10,000 square feet per 1000 gallons of daily wastewater generation; • The proposed systems serve more than 5 bedrooms and more than two dwellings; and • 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 development 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 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 be impractical given site constraints and 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 Waiakea 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 150 feet above mean sea level) and sufficient horizontal distance (approximately 2.21 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 this-ry-d?y 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 Mar 31 OS 01:39p p.2 State of Hawaii - Wastewater Br Department of Health Appl' ron No. W W Environmental Management Division Docket No. - VWW - APPLICATION FOR VARIANCE -Effective December 9, 2004 Wastewater Systems (in accordance wiih Chapter 342 G Hawaii Fevised 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 Brench 919 Ala Moans Blvd. Room 309 Honolulu, Hawaii 98814-4920 Ph (808)588-4294 Fax (808) 586-4.400 Attachments are allowed, but preferred in B'fz" x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: 2020 KinooleLimited Partnership (Corporation, company, agency, firm, etc. seeking variance) Mailing address: inn P h' cr r it~n~ Hilo, HI 96720 (City) (Island) RiP cede) Brief Description of Variance: Plant or Equipment Location: Tax Map Key (~_)_~-_-2.- i~ t t n Divisions: t.Oahu 2=Maui 3=Big Island a=Kauai (Division) Zone - Sec Plat Parcel 2020 Kinoole Street (Number) (Street) Hilo Hawaii 96720 (City) (Island) (Zip code) 6. Individual authorized to act for applicant: Keith Kato Executive Director Name: Title: Address: 100 Pauahi Street 11204 Hilo Hawaii 96720 (City) (Island) (Zip code) Phone No.: 8080-969-1158x105 FaxNO.: 808-935-6916 Email Address: keith@hicdc.org C. Identify the specific section of Chapter 11-b2 which the variance is requested. If additional space is required, please include information on a separate attachment and label 'Attachment I'. (Chapter 11-62 may be viewed at www.hawaii.gov/doh! select Rules & Regulations, DOH Administrative Rules Title 11,HAR, Wastewater Branch, 62) See Attachment I II. 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-1 B. Describe 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-1 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 addiional space is required, please include the information on a separate attachment and label 'Attachment C-1'). See Attachment C-1 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 Application fa Variance.tloc vww February 2W5 Page 2 0l 3 t• . ~ 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 F. Submit any additional inforrna[ion which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., antl Iabel'AttaChment F-1"). ~ E~= AST rtc.~,•~ E ~Z F- \ !IL. CERT!F!CATION: 1 h u~r _ _ Executive Director (print name) (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 knowlddq~bo!~ief. i Signature: /~,r,l// Date: March 31 2005 DO NOT WRITE BELOW -FOR AGENC(Y'')U~jSE ONLY IV. Date Application received: ~n! V. Application No.: r ~ ' , - VI. Docket No.: fOS " V V t/ W ~ I VII. Received by: 2!~ rr~~~,, " ~-t n~ VIII. Filing Fee ($300.00) check date:~J~y ~ rny.'("]p~15 Check # IO~ IX. Department of Health Receip[ X. Decision on Application (including date): XI. Dafe of Public Hearing: AppliraUCn for Variance.COC wrw February 2005 Paga 3 013 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 par day of domestic wastewater" • Section 11-62-31.1(Al "There shall be 10,000 square feet of land area for each mdividuai wastewater system; ' • Section 11-62-31.1(D) "The total wastewater t7ow 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 April 15, 1997 located at the end of this chapter." Attachment A-I The Kinoole Senior Residences development will be constnrcted on a 1 acre parcel of land identified by Tax Map Key (3) 2-2-41:10. The pazcel is located on the south west corner of the intersection of Kahaopea and Kinoole Street in the Waiakea Homestead House Lots azea of the South Hilo District located on the east side of Hawaii Island. This proposed project includes 30 one bedroom dwelling units split equally between three three -story buildings configured into a "U" shape around a central courtyard. Separate laundry facilities (absent in the individual dwelling units) consisting of tlu-ee washers and dryers are located on the second floor. In addition an administrative office with a separate restroom and a maintenance room is also located on the first floor. It is proposed to provide four separate Individual Wastewater Systems (IWS) for the development. Two of the systems will be dedicated to receiving domestic sewage from 9 individual units apiece, one system will receive domestic sewage from 12 individual units and the separate restroom located adjacent to the administrative office while a fourth system will receive wastewater solely from the laundry facilities. In that laundry facilities are not installed in the individual apartments, daily wastewater volumes for each dwelling unit are considered to be 170 gallons per day. The wastewater volume for the laundry facilities is an aggregate of discharge from Laundry activities, 30 dwelling units x 30 gallons per unit (900 gallons per day). Wastewater flow volumes are summarized in the following Table 1: 9 Unit IWS 1,700 Gallons er Da Each 12 Unit IWS w/se crate restrooms 2,100 Gallons er Da Laundr Facilities 9U0 Gallons Per Da Total Project Flow 4,700 Gallons er Day Table 1 Septic tank and absorption bed sizes are summarized in the following Table 2: Sentic Tank Size Abso tion Bed Size 9 Unit IWS 2,200 Gallons Each 12' x 53' 636 s .ft. Each 12 Unit iWS 2,ZOG Gallans Each 12' x 75'(412 s ~ .ft ~ Laundry Facilities 2,200 Gallons Each 9' x 22' (198 sq.ft) ~ Table Z It should be noted that the Laundry Facilities absorption bed has been sized using the formula for Rate of Sewage Application from The Manual of Septic Tank Practice as published by the United States Department of Health, Education and Welfaze whereas: Rate of Sewage Application (square feet j = ~/square root of the percolation rate. In this instance the percolation rate used in the formula is 1 minute per inch. 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 gailoas per day; • The lot size, 43,560 square feet, provides less than 10,000 square feet per 1000 gallons of daily wastewater generation; • 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 ~-I The proposed equipment and operating conditians cannel be altered to bring the facility into compliance with the environmental rules of the state within a reasonable amount of time far 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 be impractical given site constraints and 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. Attachment D-2 The granting ofthis 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 Waiakea azea 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 drinking water aze within 1000 feet ftom 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 150 feet above mean sea level) and sufficient horizontal distance (approximately 2.21 miles) to minimize their potential to contamination of shoreline waters. Attachment D-3 Compliance with the rules or standards from which the vaziance is sought would produce serious hardship without equal or greater benefits to the public. The residents of the proposed elderly housing project aze 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 Hiles 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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G , _ ~ - rr _ f Drab Dee:~iorn C~~~r L~G~ro k~ecisson a~ t~rder mad i-~dan~~l=a~~ raclao~s ~ R~a~ I.____ Find Decision Cover Letter,~ned Decision Order and FineAine~s o£ F'a~ Con~lu~ao ~f R:a~v i~OC1`Y`~ "l°ZA; _ Director of Health- Chiyome Leinaala Fukino _ Deputy Director for F.rn~vironmental Health la,dm$nistration -Laurence Lau Chief, £MD -'fhmaraa~ Arizumi Flttorney Paeneral's Office, ~#G Mark Bennet. Deputy Mark k~Corxnel, De den Robert Clean ~hlater $ranch ° Denis Lau _ environmental Plannin Office -June ~larri an Lum _ ~afe Drinking ti4/ater Branch - ~17illiam 1•Vong ~ -~:~~axaitation Branch - Coazamerclal Proped~ties Only!- _ i W water Brancta Neigh}aor lsLarad Staff - ~oa~~~x of ~°Jater ~'sapply~ ®Clifford ,lamiAe :,o~~3sz~ca mn~" 1-is°~~~ai iaept zsf ~~"atea ~~sppdg ° '.~~il~;~r,~': d~~;v~~.~? ~~isuisty Blau^. d>~xr~, c,~ ittP~.°ier Sva;~*~1~~ ~,°~~x~ge `i~. `~'er.,g'~~ Kauai C®unty Department of Water finest ~P.tN. Lau _ Dastrie.~t Health Office - lViaui - Her}sert Matsubayashi, Chief Sanitarian Disixflct Health Office -Kauai -Clyde "Pakekurna, thief Sanitarian District Ixealtl, Office Icons -Paul Okvna, Supervising Sanitarian District Flealtta Office ° Hilo - baron i7eno, Chief Sanitarian Oahu Net hborhood Board ~ ~ _ City ~ Coun(ty of Honolulu, DeparhnYent of Flanriin 8r Permitting Regarding tl~ Cover Letter, Public I3otice Pr ~lariarece Ag~placatiorao ple~e checi~; sane lzeaa~a ~ecox~ai-4encl to ~ this variance application, d ~ ~'~~r~~,ha.n.,e,i~~ ?n, i~e~ 4k~ v~.riance application. Ple~~e'feel ~~e to ~axbxnit ~okxaxaF:H2ts va~laen a~~_narnashg tdai aou~ slap ~s ad~~e~;~ac~~ low R~~~~~1~~ the D~ Decisiorna please feel a~ee tri ~i~ ooz~°e~iorta~:acsarrr>~~a~T~ ors a~ach~ d~ci?~ae~ty qua ~'c~a ~~Laaait ~foaa>raal. coaen~ ~ z~erRtr _ asng,~o ¢he ad~e~ l~fi~~_~l®c~. 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