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Home My WebLink AboutCOM 0320.000 2004-2006 c-`~ i ~ ~S`. LINDA LINGLE ~ CHIYOME LEINMLA FUNINO. M.D. GOVERNOR OF HAWAII `@\\ ~ DNECTOR OF HFALTN i\ ya ®AP~.~ STATE OF HAWAII DEPAR1fMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 98801 EMD/ WB June 9, 2005 D:WW 192 PN CL.wpd C1 wb050418 r c, Mr. Stephen J. Herbert Civil Engineer 74-5606 Pawai Place, #203 " Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: Subject: Variance Application No. WW 192 Docket No. 05-VWW-26 Pualani Terrace AOAO Bldg D, Multiple Residential Studios 81-6587 Mamalahoa Highwaly Kealakekua, Hawaii 96750 TMK: (3) 8-1-003: 017 The Department has reviewed your preliminary application for a variance from Chapter 11-62, Hawaii Administrative Rules. 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 500 Ala Moana Blvd. Seven Waterfront Plaza Suita 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley telephone (808)529-4827, fa.r (808)529-4826 email ashley@starbulletin.com West Hawaii Today P.O. Box 789 Kailua-Kona, Hawaii 96745 telephone (808)329-9311, fair (808)329-3659 email llogan@ westha waiitoday. com Comm. No. ~ Z ~ Ref. To: Rc~f. Uote uui~ 4 e5 cuuJr Mr. Stephen J. Herbert June 9, 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 f this application for variance. All publication costs are the responsibility of the applicant. You ust submit the original certified affidavit of the publication from both newspaper agenci s to the Wastewater Branch within fifteen (75) days after the publication date. You may ake 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 b~ required to publish a notice of public hearing. Please find enclosed a receipt for your varia ce application for the amount of $300.00. If you have any questions regarding the public noti ication procedure or the processing of your variance application, please call the Planning & Desi n Section of the Wastewater Branch at our direct toll free telephone number 974-4000, ext. 6429 ,fax (808)586-4300. Sincerely, ~----.Q~cfj~- ~ THOMAS E. ARIZUMI, P.E. Chief, Environmental Management Division Enclosures: Receipt No. 13810 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii District Health Office -Hilo ?fiawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS N~TICE OF VARIANCE APPLICATION NO. W W 192 DOCKET Np. 05 - V W W - 26 Pursuant to H.R.S. §342D-7(i), Haw a Revised Statutes, the State Department of Health (DOH) seeks written comments from interes ed persons regarding the following. Mr. Stephen J. Herbert, Civil Engineer, authorized agent~or Pualani Terrace AOAO, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which state in part that an "Individual wastewaters stem means a facility which is designed to receive and dispose of no more than 1000 gallons p r day of domestic wastewater" and from Section 11-62-31.1(b)(1) which states that "Whenev ran individual wastewater system is allowed under subsection (a) the following shall apply: (1) he director may allow an individual wastewater system other than a cesspool to be used for;two dwelling units which may or may not be located within the same building provided: Both of the dwelling units are located on the same single family residential lot; and (B) T e individual wastewater system used shall meet the current requirements of this chapter. The a plicant, Pualani Terrace AOAO (Bldg D), located at 81-6587 Mamalahoa Highway, Kealakekua, Hawaii, TMK (3) 8-1-003: 017 requests that a large capacity septic tank be allowed to be used ah the said property where Bldg. D contains multiple residential studios (4). The applicant has made the followin~ comments. a. The area of the lot is -170,0 0 square feet. b. The proposed septic system ~o serve the facility would not comply with HAR Section 11-62-31.1(b)(1) bec use the IWS would serve more than two (2) dwelling units. The estimate flow into the system would be 900 gallons per day. c. The existing large capacity c sspool(s) needed to be closed and replaced with a new treatment individual was ewater system by April 5, 2005 in order to comply with federal requirements. d. The current State requirement of a wastewater treatment plant would significantly add to the constrj~ction cost as well as require a much greater ongoing maintenance cost. ' f. The facility has been in operation for 20 years in this location using the existing cesspool. The installation of ~ 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. g. The applicant believes this v riance request is in the public interest because the LCC will be upgraded to an I~S (septic system). The IWS plans will be designed by an engineer andjwill be submitted to DOH for review and approval. The new IWS will provide a b tter wastewater treatment system compared to the existing LCC, therefore mini~izing impacts to the environment. h. Prevent loss of jobs. The LC~ serving my facility has been in operation for 20 years. The current State req irements of a wastewater treatment plant would significantly add to the constriction cost, as well as require a much greater ongoing maintenance cost. he owner may be forced to close my existing business and lay off employe s. i. The variance is requested fon, the maximum of five (5) years. If you would like to view it review the full application, 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,$rayFh Department of Health ApplicationN~ol.t~WW ~(•/L, Environmental Management Division Docket No. t~~ - VWW - 2, APPLICATION FOR VARIANCE - P 'maril Concernin Lar a Ca acit Cess ools Waste ater Systems (In accordance with Chapter 342 Hawaii Revised Statues as of July 2004) 3 ~ Submit the original, one (l) copy and fili>~g fee of $200:00 payable to State of Hawaii to: Hawaii State epartment of Health Waste ater Branch 919 Ala Moa a Blvd. Room 309 Honolulu, awaii 96814-4920 (808 586-4294 Attachments are allowed, but preferred in,8'/z" x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type) A. Name: Pualani Terrace AOAO (Bldg D) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: PO Box 1825 Kealakekua HI 96750 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool - LCC) I- Non-Residential r Retail Businesis f Visitor Center I- Church Simplified Form: Application far HAR Chapter 1Y-62 Variance (Large Capacity Cesspool) 9/ 16/2004 Page I Prepared far POALANI TERRACE (Bldg D) by Stephen 1. Herbert, P.E., Inc 5-4-2005 r School r Goff course clubhouse / restroom r Restaurant / )~ood Establishment r Hotel Other (pkas~ specify): t? Residential r Multiple dwelling I- Cornrnunity system r Regional r Other (please; specify): Provide location of existing cesspool(s): Tax Map Key 3 - 8 - 1 - 3 17 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 81-6587 Mamalahoa Hwy (number) (street) Kealakekua HI 96750 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Stephen J. Herbert Title: Civil Engineer Address: 74-5606 Pawai Place #203 (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 17-~2 Var[ance (Large Capacity Cesspool) 9/1 fi/2(1(14 P2ge 7 Preparc~l for PUALANI TERRACE (Bldg D) by Stephen Herbert, P.E.. Inc 5-4-2005 C. Identify the specific sectio~(s) of Chapter 11-62 which the variance is requested. Check all appli able sections. Section 11-62-03 De t ~ itions state "Individual wastewater system means a ,facility which is desig ed to receive and dispose of no more than 1000 gallons per day of domestic w stewater. Individual wastewater systems may involve treatment processes a d include, but are not limited to, septic tanks and household aerobic uni s with disposal systems and cesspools. Each individual wastewater system sha l be an independent system and shall have all of its plumbing, treatment (i anyJ, and disposal components separate from any other wastewater system" ~ Section 11-62-31.7 (a)~ (I) (A) "For residential developments. There shall be 70,000 square feet of L~Znd area far each individual wastewater system." ~ Section 11-62-31.1 (a)'(1) (C) "Far residential developments. Area of the lot shall not be less than Q 000 square feet except for lots created and recorded before the effective da e of this rule. For lots less than !0,000 square feet which were created and reco ded before the effective date of this rule, only one individual wastewater ystem shall be allowed-" ~ Section 77-62-31.1 (a) r2) (A) "Developments involving buildings other than dwellings. Tiee waste~atc r.flnw generated shall not exceed 1000 gallons per day per 10,000 sguare~feet of usable (and area which shall not include the area under buildings. " ~ Section 17-62-31.1 (a)~ (2) (BJ "Developments involving buildings other than dwellings. The total w~istewater flow shall not exceed 15,000 gallons per day. " ~ Section I1-62-31.1 (aJ~ (2) (C) "Developments involving buildings other than dwellings. Area of the lot shall oat be less than 10,000 square feet except far lots created and recur ed before the effective date of this rule. Far lots less titan 10,000 sguare fe t which were created and recorded before the effective date of this rule, only ne individual wastewater system shall be allowed. " r Section I /-62-31.1 (bJl (I) -The director nary allow an individual wastewater svstem other than a ce.6spool !0 6e used.for two dwelling units which may or may not located within the same building provided. (A) Both of t~e dwelling units are Located on the same single family residenti l lot; and (B) The indi>~idual wastewater system used shall meet the current requirem nts of [his chapter Simplified Form: Applicatian,forHAR Chapter7~-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 3 Prep red for PUALANI'I'RRRACH (Bldg D) by Stephen Herbett, PE., Inc 5-4-2005 I1. SPECIFIC INFORMATION A. Describe in detail the exist'ng and conditions of the facility in relation to the requested variance. (E ample -Requested Variance is for HAR Section 11-62-31.1 (a) (2) ( C): The total area of the subject lot is $ 500 ft~. 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.) DETAILE~ DESCRIPTION Bldg D contains multiple residential studios (4)`~ Total expected flow is less than 1000 gpd. Lot area is greater than 10,000 sq ft. 'Requested variance for HAR Section 11-62 D finitions and HAR 11-62-31.1 (b) (1) i B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill- ip-the missing informationas appropriate r The area of the lot us 70,000 square feet. This is insufficient to meek! the minimum land area requirements for IWS utilization which isone IWS per 10,000 ft~ of lot area ~ The large capacity peptic system proposed to serve the facility would not comply kith 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 900 gallons per day. Simplified Fonn: Appliealion,for HAR Chapter I1~~-62 Variance (Large Capacih~ Cesspool) 9/I6/2004 Page 4 Prepated for POALAM TERRACE (Bldg D) by Stephen 1. Herbert, P.E., Inc 5-4-2005 C. Describe in detail why the, present or proposed equipment and/or operating conditions cannot be alter d to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time. Check all applicable reaso s. The existing large bapacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by Apri15, 2005 in order to comply with federal requirements. The current State rlequirement of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater on-,going maintenance cost. ~ The facility has been in operation for 20 years in this location using the ?rxisting 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. ~ If not in the choices, please specify: D. Check applicable reasons ,listed below and/or supply supporting information (Attachments D-I, 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 Statutles, Section 342.D-6(c). r 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 fro review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes ilmpac[ to the environment. Simplified Form: Application far HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2l)P4 Page 5 Prepared for POALANI TERRACE (Bldg D) by Stephen Herbert, P.E., Inc 5-4-2005 r Prevent loss of jobs. "11he LCC serving my facility has been in operation for a~ years. The current State requirements of a wastewater treatment }~lant would significantly add to the construction cost, as well as requirela much greater on-going maintenance cost. I (owner) may be forced~'~to close my existing business and lay off my employees. ~ If not in the choices, please specify: (2) The granting of the varuance will not substantially endanger human health or safety. r The existing LCC will Ibe upgraded to an IWS (septic system). The IWS (septic system) will provide a better treatement system prior to effluent disposal. The QWS will be designed and constructed to meet the DOH standards. Tl~e impact to the environment will be minimized compared to the currenlt wastewater disposal. r The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvemenlt to the existing cesspool in terms of wastewater treatment. The septic thnk will provide pre-treatment and sludge removal prior to effluent disposal. ~ If not in the choices, phase specify: Simplified Form: Application,/or HAR Chapter 111-62 Variance (Large Capacity Cesspool) 9/I fi/2~~4 YBgE O Prepaled for POALANI TERRACE (Bldg D) by Stephen 7. Herbert, P.E., Inc 5-4-2005 (3) Compliance with tl~e rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the publ}c. r The residents of the are essentially economically depressed. r The owner of the facility simply cannot afford to build and operate wastewater systems meting all the requirements of HAR Chapter 11- 62 such as small aerobic wastewater treatment plants. ~ The existing location o~ the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. ~ If not in the choices, phase 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. r 5 years r Less than 5 years F. Submit any additional inforrmation which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1"). Simplified Form: Applimrion.for HAR Chapter l ~-62 Variance (Large Capacity Cesspool) 9/ 16/2004 P2gB 7 Prepared for POALAM TERRACE (61dg D) by Stephen 1. Herbert, P.E., lnc 54-2005 I III. CERTIFICATION: I, K~~Ky ~k~ M . ~ o~~ ~P~s~~z-.t.~'S ( riot name) ~ (print title) certify that I have knowledge oft e facts herein set forth and that the same are true and corre~ct~/to the best of my l~nowledge and belief. ~C C ~ Signature: r Datc: l C~~ ' DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: ~~n l V. Application No.: Y V w ~ ~ U VI. Docket No.: ~ w ~ VIl. Received by: " ~ VIII. Filing fee ($200.00) check date: ~5-~~- Check ~~-~a IX. Department of Health Receipt ~ `3 X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter 11-152 Variance (Large Capacity Cesspool) 9/16/2004 Page 8 Prepared for POALANI TERRACE (Bldg D) by Stephen 1 Herbert, P.E.. ]nc 5-4-2005 T ' + ~ 4 t ~ r Y } ~nr ~,,'~i 1 > i i 'I' ' .y u F.'s; 1 .Ii _ i. t 1- _ f !..L ~ _..i:_ x r~ 45"i fig ~'P~ . J' I r. x hl ~ ~ ~ a. r ~ ti' .s+,' , . M1~' x i, to ~ ~ i Yf 1. w~p; : '`,5~ I~ob F ?'.9~_ {fit k e P 4", k i ~.~A ..9-0 l1 ~%v f. L t i~ t fi y r~! Y .i k 1 ~ iN. i.t ~ A ( p, d dF iF~ } 5 ~ d. r, L. D j.' _ ~t ~.E.. I 'a . V ~ ~ - - tMd h'p; .ya ;fi. F ~ ' t S i ' k' .v _ ~ »a ~ t x, ~r r i> , h< li s 1 i' t e~ ~.iar r2 ftit, ~iKt~s fi~ ~ ~ r , , tt r ~ ,d F ws? - - - - i k~" iy i _ , . - P