HomeMy WebLinkAboutCOM 0310.000 2004-2006 ~ a~
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LINDA LINGLE ~ ~ i~,a~pM B - ~'CMIyDMEL FUWNG. R.O_
GOVERNOR OF NAVAX ra d '~,~I DRECTOR OFNEALTI
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9?~a'''a.~w*,AB County Council
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU. HAWAII 96801 EMD / WB
May 27, 2005
W W 167 Final Dec CLwpd
Cl WB050365
CERTIFIED MAIL 7002 3150 0001 6551 0231
RETURN RECEIPT REQUESTED
Mr. Wesley R. Segawa
Wesley R. Segawa & Associates
101 Silva Street, Suite 201
Hilo, Hawaii 96720
Dear Mr. Segawa:
Subject: Variance Application No. WW 167
Docket No. OS-VWW-Ol
Concerning Mr. & Mrs. Pau] Matsumoto
Use of Lazge Septic Tank and Conversion of Existing Large Capacity Cesspool into Seepage
Pit for Residential Development of Four (4) Lots with a Three (3) Story Apartment Building,
Convenience Store, a Warehouse and a Dwelling
1142 Ainaloa Drive, Hilo, Hawaii 96720
TMK: (3) 2-4-020: 033, 034, 035 and 036 24,000 sf
Please find enclosed the Department of Health's Decision and Order regazding the above mentioned
application for variance request which was GRANTED on May 20, 2005. We are enclosing for your
information the Findings of Fact and Conclusions of Law.
Please note the variance conditions and if there arc 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 direct toll free phone number 974-400Q ext. 64294, or on Oahu (808)586-4294, fax (808)586-4300.
Sincerely,
~~~7 t ~L ~
FGR THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
District Health Office -Hilo
Environmental Planning Office 3 ~
Safe Drinking Water Branch Comm. No. V
~partment of Water - County of Hawaii Ref, TO:
awaii County Council -~T'~'~
Wastewater Branch-Hilo Staff Engineer Raf. Dote,JUl`I V
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-O1
Variance Application No. WW 167 )
for Individual Wastewater System )
Concerning Mr. & Mrs. Paul Matsumoto )
Use of Large Septic Tank and Conversion )
of Existing Lazge Capacity Cesspool into )
Seepage Pit for Residential Development )
of Four (4) Lots with Three (3) Story )
Apartment Building, Convenience Store, a )
Wazehouse and a Dwelling )
1142 Ainaloa Drive, Hilo, Hawaii 96720 )
TMK: (3) 2-4-020: 033, 034, 035 & 036 )
24,000 squaze feet )
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(c)(1) 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." 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 and
approval. In addition, the IWS must be approved in writing before it maybe
used.
4. Each septic tank shall be fitted with an effluent filter.
Paul Matsumoto -Variance Application W W 167, Docket No. 05-VWW-01, Decision & Ortler, Page 1
5. Easements shall be established such that wastewater from various buildings on
various lots can treat and dispose of wastewater in a common area.
6. The existing cesspool(s) and its conversion into a seepage pit shall be permitted
by the Underground Injection Control Program of the Department's Safe
Drinking Water Branch. Application for this activity shall be submitted prior to
operation of the new wastewater system.
7. The dwellings shall connect to the County sewer service system when it becomes
available to the azea.
DATED: Honolulu, Hawaii, Ma~20. 2005
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
Paul Matsumoto -Variance Application W W 167, Docket No. OS-VW W-01, Decision 8 Ortler, Page 2
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-V WW-O1
Variance Application No. WW 167 )
for Individual Wastewater System )
Concerning Mr. & Mrs. Paul Matsumoto )
Use of Lazge Septic Tank and Conversion )
of Existing Large Capacity Cesspool into )
Seepage Pit for Residential Development )
of Four (4) Lots with Three (3) Story )
Apartment Building, Convenience Store, a )
Warehouse and a Dwelling )
1142 Ainaloa Drive, Hilo, Hawaii 96720 )
TMK: (3) 2-4-020: 033, 034, 035 & 036 )
24,000 square feet )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the authorized agent, Mr. Wesley R. Segawa of Wesley R. Segawa &
Associates, Inc., 101 Silva Street Suite 201, Hilo, Hawaii 96720 for a five (5) yeaz variance from
Hawaii Administrative Rules (HAR), Section 11-2-03, IWS definition, Section
11-62-31.1(a)91)(A), Residential developments and Section 11-62-31.1(a)(2)(A), Developments
involving buildings other than dwellings has been submitted to the Department.
Findings of Fact
The applicants, Paul and Kay Matsumoto, are requesting to use a lazge capacity septic tank and
convert an existing large capacity cesspool (LCC) into a seepage pit on the subject property.
The property is located at 1142 Ainaloa Drive, Hilo, Hawaii and is identified as TMK:
(3) 2-4-020: 033, 034, 035 and 036. The four (4) lots total 24,000 square feet in azea.
The applicant has made the following statements:
1. The total area of the subject property is approximately 24,000 squaze feet. The
property contains a three (3) story apartment building, a convenience store, a
warehouse, and a dwelling which are all served by a cesspool. The estimated
daily wastewater flow is 4,600 gallons.
Paul Matsumoto -Variance Application W W 787, Docket No. OS-VW W-O7, Findings of Fact and Conclusions of Law, Page 1
2. 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
4,600 gallons per day.
3. The existing large capacity cesspool(s) needed to be closed and replaced with a
new wastewater system by April 5, 2005 in order to comply with federal
requirements.
4. 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.
5. The facility has been in operation for 25+ 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.
6. The applicant believes this variance 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, minimizing impact to the environment.
7. Prevent loss of jobs. The current State requirements of a wastewater treatment
plant would significantly add to the construction cost as well as require a much
greater ongoing maintenance cost. The owner maybe forced to close the existing
business and lay off employees.
8. The variance is requested for the maximum time allowable of five (5) years.
The following Department of Health agencies submitted the following comments:
A. The Safe Drinking Water Branch submitted the following comments:
1. The project site is situated "mauka" or above the UIC line; therefore, it
overlies or recharges a potential underground source of drinking water.
Chapter 11-23, the IJIC rules, prohibits the construction and operation of
any new sewage injection well above the UIC line;
2. The LCC needs to be registered under a LJIC permit because the LCC
receives more than one thousand gallons per day of wastewater flow. The
LCC is an existing injection well. After the conversion of the LCC into a
Paul Matsumoto -Variance Application W W 167, Docket No. 05-VW W-01, Findings of Fact antl Conclusions of Law, Page 2
seepage pit, the IJIC permit is still applicable and required to operate the
seepage pit as an injection well;
3. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the individual wastewater
system; and
4. We have no objection to the variance.
Please call us if you have any questions about our comments.
B. The Clean Water Branch submitted the following comment:
1. Recommend to grant this variance application.
2. Connection to the County sewer system should be considered when
available.
C. The Wastewater Branch submitted the Following comments:
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." 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 and approval at the time of building permit application. 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 owner shall execute proper documents or secure County authorization
to utilize the various properties as a single wastewater disposal system.
This may include easements and rights to use a single wastewater system
serving various buildings on differing properties;
6. The dwellings shall connect to the County sewer service system when it
becomes available to the area.
Paul Matsumoto -Variance ApPliwtion W W 167, Docket No. OS-VW W-01, Fintlings of Fact and Contusions of Law, Page 3
Conclusions of Law
Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no
variance shall be granted by the Department unless the application and supporting information
clearly show that:
1. The granting of the variance is in the public interest as defined in the Hawaii
Revised Statutes, Section 342D-6(c)(4).
2. The granting of this variance will not substantially endanger human health or
safety.
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." We do
reserve the right to review the detailed wastewater plans for conformance to
applicable rules.
3. Plans for each IWS shall be submitted to the Wastewater Branch for review and
approval before any construction is started on the wastewater system. In addition,
the IWS shall be approved in writing before it is placed into operation.
4. Each septic tank shall be fitted with an effluent filter.
5. Easements shall be established such that wastewater from various buildings on
various lots can treat and dispose of wastewater in a common area.
Paul Matsumoto -Variance Application W W 167, Docket No. 05-VW W-01, Findings of Facf and Conclusions of Law, Page 4
6. The existing cesspool(s) and its conversion into a seepage pit shall be permitted
by the Underground Injection Control Program of the Department's Safe
Drinking Water Branch. Application for this activity shall be submitted prior to
operation of the new wastewater system.
7. The wastewater system shall connect to the County sewer service system when it
becomes available to the area.
DATED: Honolulu, Hawaii, May 20. 2005
!-t~~
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Paul Matsumoto -Variance Application W W 167, Docket No. OS-VW W-0t, Findings of Fact and Contusions of Law, Page 5
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