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Home My WebLink AboutCOM 0309.000 2004-2006 ~e or x~ A~ ,,e sa ~ • LINDA LINGLE RECLNC°s CWYONIELFUKINO.MD.. GOVERNOR OF HANAp S ~q DRECTOR OF NEALIH STATE OF HAWAII County Cogodf DEPARTMENT OF HEALTH P.O. BOX 3318 In reply, please refer to: HONOLULU, HAWAII 96801 EMD / W g May 25, 2005 D:W W 188 PN CL.wpd C1 wb050354 Mr. Stephen J. Herbert, P.E. Stephen J. Herbert, P.E., Inc. 74-5606 Pawai Place Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: Subject: Variance Application No. WW 788 Docket No. 05-VWYV-22 Convert Nine (9) Cesspool Systems to Septic Systems with Seepage Pits and Large Absorption Bed Tamarack Pines Condominium 65-1305 Kawaihae Road, Kamuela, Hawaii TMK: (3) 6-5-003: 026 The Department has reviewed your preliminary application for a 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 West Hawaii Today one (7) 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@starbulletin.com West Hawaii Today P.O. Box 789 Kailua-Kona, Hawaii 96745, telephone (808)329-9311, fax (808)329-3659 email llogan@westhawaiitoday. com 3 Comm. Na. Ref. To: Rsf. Doi°, Mr. Stephen Herbert, P.E. May 25, 2005 Page 2 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 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 our direct toll free telephone number 974-4000, ext. 64294, 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, P. Chief, Environmental Management Division LNKM:erm Enclosures: Receipt No. 13807 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 V' Hawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 188 DOCKET NO. 05 - V W W - 22 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Stephen J. Herbert of Stephen J. Herbert, P.E., Inc., 74-5606 Pawai Place, Kailua-Kona, Hawaii 96740, on behalf of Tamarack Pines Condominium has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions state "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 (a) (1) (A) "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system."; and Section 11-62-31.1(a)(1)(D) "The 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 or two." The applicant is requesting this variance for the property know as Tamarack Pines Condominium located at 65-1305 Kawaihae Road, Kamuela, Hawaii, TMK: (3) 6- 5-003: 026. The total area of the subject property is approximately 50,000 square feet. Currently, there are 9 active cesspools on the subject property. It is proposed to convert all 9 cesspools to Seepage Pits, and install a large absorption bed. Flows expected vary from 800 (2 units) to 1600 (4 units) GPD (as taken from HAR 11-62-31, Table I). Actual flow rate given from a 2 year study of water usage data gives a high average of 200 GALLONS PER UNIT, which gives an estimated maximum flow of 800 GPD fora 4 unit cluster on any one disposal system. The subject property houses 39, 2 Bedroom -Condominium units. Variance requested to accommodated greater than 1000 gpd flows, and more than two (2) dwelling connections to single IWS. The applicant has made the following comments. 1. The requested Variance is for HAR Section 11-62-31.1(a)(1)(A), and 11- 62-31.1(a)(1)(D), and 11-62-31.1(b). 2. The area of the lot is 50,000 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. 3. 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 1,600 gallons per day. 4. The facility has been in operation for 20+ 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. 5. The proposed design of septic systems and conversion of existing cesspools as seepage pits for the septic effluent should greatly improve the wastewater operation and disposal at the subject property. Furthermore, effluent filters will be included on each septic tank for the purpose of monitoring septic tank operation and effluent clarity. 6. 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. 7. 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. 8. The proposed treatment 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. 9. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 10. The variance is requested for the maximum of five (5) years. If you would like to review the full application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814- 4920, ph (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 Slate of Hawaii Wastewate>~~rppch Department of Health Application No WW ~~QQ``((~~ Environmental Management Division Docket No.~ - VWW APPLICATION FOR VARIANCE -Primarily Concernine Laree Capacity Cessooolc Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004) Submit the original, one (1) copy and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 (808) 586-4294 Attachments aze allowed, but preferred in 8'/z" x 11" forn~at (for copying purposes). I. GENERAL INFORMATION (please print or type) A. Name: Tamarack Pines Condominium (Corporation, company, agency, firm, etc. seeking variance) Mailing address: P.O. Box 1646 Kamuela HI 96743 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a barge Capacity Cesspool - LCC) f Non-Residential f Retail Business Visitor Center I- Church Simplified Form: Application for HAR Chapter 11-t52 Variance (Large Capacity Cesspool) 9/16/2004 Page 1 Prepared for TAMARACK PINES by Stephen 1. Herbert, P.E., Inc 5/10/2005 r school r Golf course clubhouse / restroom r Restaurant /Food Establishment r Hotel r Other (please specify): r Residential r Multiple dweIling r Community system Regional r Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 6 - 5 - 3 26 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 65-1305 Kawaihae Rd (number) (street) Kamuela HI 96743 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Stephen J. Herbert Title: Civil Engineer Address: 74-5606 Pawai Place (street) Kailua-Kona HI 96740 (city) (island) (zip code) Phone No.: (808)329-5272 Fax No.: (808) 331-2744 E-mail Address sherbertQhawaii.rr.com Simplified Form: Application for HAR Chapter /I-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 2 Prepared for TAMARACK PWES by Stephen 7. Herbert, P.E., lnc 5/10/2005 C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. r Section 11-62-03 Definitions state "Individual wastewater system means a facility which is designed to receive and dispose of no more dhan 1000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal systems 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 (rz) (I) (AJ "For residential developments. There shall be 10,000 square feet of~land area for each individual wastewater system. " r Section 11-62-31.1 (a) (I) (CJ "For residential developments. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before the effective date of this rule. For fats 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 allaroved. " r Section Il -62-31.1 (a) (2J (AJ "Developmerus involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 70,000 square feet of usable land area which shall not include the area under buildings. " r Section I1-62-31.1 (aJ (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " r Section 11-62-31.1 (aJ (2) (C) "Developments involving buildings other than dwellings. Area of the lot shall not be less than 10, 000 square feet except for lots created and recorded 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 (aJ(1 J(DJ "The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall not serve more thmt five bedrooms, wherther they are in one dwelling unit ar two. " Simplified Form: Application for HAR Chapter II-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 3 Prepared for TAMARACK PDVES by Stephen 1. Herben, P.E., Inc 5/10/2005 IL 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 11-62-311 (a) (2) (C): The total area of the subject lot is 8,500 ftZ. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater ,flow is 2,000 gpd.) DETAILED DESCRIPTION The total area of the subject property is apprx 50,000 Sq Ft. Currently, there are 9 active cesspools on the subject property. It is proposed to convert all 9 cesspools to Seepage Pits, and install a large absorption bed. Flows expected vary from 800 (2 units) to 1600 (4 units) GPD (as taken from HAR 11-62-31, Table I). Actuaf flow rate given from a 2 year study of water usage data gives a high average of 200 GALLONS PER UNIT, which gives an estimated maximum flow of 800 GPD fora 4 unit cluster on any one disposal system Requested Variance(s) are for HAR Sections 11-62-31.1 (a)(1)(A), and 11-62-31.1(a)(1)(D). The subject property houses 39, 2 Bedroom -Condominium units. Variance requested to accommodate greater than 1000 gpd flows and multiple dwelling connections to single IWS/LCC conversions B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill- in-the missing information as appropriate ~ The area of the lot is 50,000 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 ftZ of lot area r 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 1600 gallons per day (max projected into any of the 9 propose systems Simplified Form: Application for HAR Chapter l l -62 Variance (Large Capacity Cesspool) 9/16/2004 Page 4 Prepared for TAMARACK PINES by Stephen Herbert, P.E., Inc 5/10!2005 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. 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 on-going maintenance cost. r The facility has been in operation for 20+ years in this location using the existing cesspools. 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. r if not in the choices, please specify: The proposed design of septic systems and conversion of existing cesspools as seepage pits for the septic effluent should greatly improve the wastewater operation and disposal at the subject property. Furthermore, effluent filters will be included on each septic tank for the purpose of monitoring septic tank operation and effluent clarity 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). ~ 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. r Prevent loss of jobs. The LCC serving my facility has been in operation for Pig years. The current State requirements of a wastewater treatment plant would significantly add to the construction Simplified Form: Application for HAR Chapter 1 l -62 Variance (Large Capacity Cesspool) 9/16/2004 Page 5 Prepared for TAMARACK PINES by Stephen 1. Herbert, P.E., Inc 5/]0/2005 cost, as well as require a much greater on-going maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. r If not in the choices, please specify: (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 (septic system) will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the DOH standards. The impact to the environment will be minimized compared to the current wastewater disposal. ~ The proposed treatment 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 pre-treatment and sludge removal prior to effluent disposal. f- If not in the choices, please specify: (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. Simplified Form: Application for HAR Chapter L-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 6 Prepared for TAMARACK PINES by Stephen J. Herbert, P.E., Inc 5/10/2005 r The residents of the are essentially economically depressed. r 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. ~ The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. r If noon the choices, please specify: 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 Check applicable amount of time requested. f~ 5 years f Less than 5 years F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1"). Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Pdge 7 Prepared for TAMARACK PINES by Stephen J. Herbert, P.E., Inc 5/10/2005 III. CERTIFICATION: I, s~'EPHC~-~ J. NEt~P~CLT cs~n~S~~.T1F~G ~h-ic.t1~~ (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 o'f mAy~~know~ledg~e and belief. Signature: ~!V'~.l..Y~~ Date: tvlAY lOy 2005 DO NOT WRITE BELOW -FOR AGENCY USE ONLY N. Date Application received: _ M~'1 ~Y iQ~~"`~~ V. Application No.: /~C~~ 1~'~,,/~ VI. Docket No.: Ov r Y r VII. Received bv: ~ ~ p VIII. Filing fee (~A9:66j~check date: OJr'~~"~ 'J Check IX. Department of Health Receipt / 3V~ / X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 8 Prepared for TAMARACK PINES by Stephen 1. Herber, P.E., Inc 5/10/20(15 ry, rc~a° a , b t „