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Home My WebLink AboutCOM 0323.000 2004-2006 0 a~SC ~k LINDA LINGLE t ~ CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII J~ DIRECTOR OF HEALTH ~t w=~0 STAT OF HAWAII DEPART ENT OF HEALTH .O. BOX 3376 In reply, please refer to: HONOLU U, HAWAII 96601-3378 File: Ju e 15, 2005 WW 171A Draft Dec CL D:C1 WB050430 Mr. Garrett Leong Brown & Caldwell 119 Merchant Street, Suite 200 Honolulu, Hawaii 96813 Dear Mr. Leong: Subject: Variance Application No. 171A Docket No. 05-VWW-05A Transcontinental Developmen Company /Waikoloa Development Company - Grounds Maintenance Buildin Use of Large Septic Tank at aikoloa Development 150 Waikoloa Beach Drive Waikoloa, Hawaii 96738 TMK: (3) 6-9-008: 011 Please find enclosed a draft of the Decision ~nd Order regarding the above mentioned application for variance request. We are also enclosing r your information the Findings of Fact and Conclusions of Law. If you disagree with our proposed decision, pl ase call Mr. Harold Yee, Chief of the Wastewater Branch on Oahu at phone (808)586-4294, fa (808)586-4300 or direct toll on Hawaii 974-4000, ext. 64294, or no later than the close of busin ss on Friday, July 1, 2005. If we do not hear from you by the above date, the draft will be finaliz d. If you wish to discuss our decision and add any additional information, please call our office b fore the above date. Sincerely ~ r.. THOMAS E. ARIZUMI, P.E., C F Environmental Management Division LNKM:erm Enclosures: Draft Decision and Order Findings of Fact and Conclusions f Law ~ L3 Comm. No. - c: Clean Water Branch Raf. To: Environmental Planning Office Dote ,jj~2~ Safe Drinking Water Branch Department of Water Supply -County of awaii District Health Office -Hilo Wastewater Branch -Kona Staff Engineer Vt=lawaii County Council STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VWW-05A Variance Application No. WW 171A ) for Individual Wastewater System ) Transcontinental Development Company / ) DRAFT ;$IC~IJATtJREeNCJT RjCTUIRED Waikoloa Development Company ) Grounds Maintenance Building ) Use of Large Septic Tank ) at Waikoloa Development ) 150 Waikoloa Beach Drive ) Waikoloa, Hawaii 96738 ) TMK: (3) 6-9-008: 011 ) DECIShON 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 11-62-03 pertaining to the definition of an individual wastewater system is hereby GRANTED with the following provisions: 1. Plans for each IWS shall be submitted to the Wastewater Branch for review and approval before any construction begins. In addition, the IWS shall be approved in writing before being placed into service. 2. Each septic tank shall be fitted with an effluent filter(s). 3. The seepage pit(s) used for septic tank effluent disposal shall be registered/permitted by the Department's Underground Injection Well Program. 4. The project shall connect to the Waikoloa wastewater sewer system when it become available to the area. DATED: Honolulu, Hawaii, Drat=k ~ Sfgr7afuFe IJOT~ required Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF DEPARTPrAENT OF HEALTH In the Matter of the Application ) Docket No. 05-VW W-05A Variance Application No. WW 171A ) for Individual Wastewater System ) Transcontinental Development Company / ) DF2~IFTs~ ~~GNATil~t~. NC3T R~QI'JRED Waikoloa Development Company ) Grounds Maintenance Building ) Use of Large Septic Tank ) at Waikoloa Development ) 150 Waikoloa Beach Drive ) Waikoloa, Hawaii ) TMK: (3) 6-9-008: 011 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application Brown & Caldwell, 119 Merchant Street, Suite 200, Honolulu, Oahu, Hawaii 97813, representing Waikoloa Development Company for afive-year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 pertaining to the definition of an individual wastewater system was reviewed by the Department of Health staff, and a public notice of the application was printed irl the April 27, 2005 issue of the Honolulu Star Bulletin and in the May 1, 2005 issue of the West Hawaii Today publications. Three (3) Department of Health agency comments and one (1) public comment pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The applicant, Transcontinental Development Company /Waikoloa Company at 150 Waikoloa Beach Drive, Waikoloa, Hawaii 96138 has applied for afive-year variance for their Grounds Maintenance Building from the li-lawaii Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an individual wastewater system. Transcontinental Development Company /Waikoloa Company is requesting the variance from Section 11-62-03, as their projected wastewater exceeds the 1,000 gallons per day limitation of an Individual Wastewater System (IWS). The applicant is requesting the use of a large septic tank. The septic system would receive 1,500 gpd from the Grounds (Golf) Maintenance building at the Waikoloa Golf Course located at 150 Waikoloa Beach Drive, Waikoloa, Hawaii, and identified as TMK: (3) 6-9-008: 011. The applicant has made the following comments. Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. OS-V W W-0SA, Findings of Fact and Conclusions of I_aw, Page i 1. Requested variance is for HAR, Section 11-62-03: The projected flow exceeds 1,000 gallons per day. The projected maximum flow is estimated at 1,500 gallons per day. 2. The existing large capacity cesspool(s) needed to be closed and replaced with a new treatment individual wastewater system on or before April 5, 2005 in order to comply with federal requirements. 3. The current State requiremeint of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. 4. 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 minimize impact to the environment. 5. The LCC serving the facility has been in operation for 25 years. 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. 6. 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 Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. 7. 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. 8. The variance is requested for the maximum of five (5) years. The following Department of Health sagencies submitted the following comments: A. The Clean Water Branch recommends to deny this variance application stating that sewer connection should be made. B. The Safe Drinking Water Branch submitted the following comments: 1. The site is located below the Underground Injection Control (UIC) line. There are no program-recorded drinking water wells within 1/4 mile of the facility. 2. Because the proposed improvement is being driven by the federal ban on large-capacity cesspools, we have no objection to granting the variance; and Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. OS-V W W-0SA, Findings of Facl and Conclusions of Law, Page 2 3. The public notice should have explicitly stated that the cesspools are going to be used as :seepage pits. A UIC permit application has been submitted to register the cesspools as seepage pits. Please contact Norris Uehara at telephone (808)586-4258 if you have any questions. v. The v~?aSicVv'atcr dui B~iCii$u~iiTdttcd tiie fuiiv'vJiiig CviTnTi2itt5: 1. Plans for each IWS shall be submitted to the Wastewater Branch for review and approval before any construction begins. In addition, the treatment IWS shall be approved in writing before being placed into service. 2. Each septic tank shall be fitted with an effluent filter(s). 3. The project shall coninect to the Waikoloa sewer system when it become available to the area. D. One public comment was received from Mr. David Kimo Frankel of Volcano, Hawaii. Mr. Frankel states: I am writing to urge that you deny the three wastewater variance applications submitted to you by the Waikoloa Development Company (as published in the May 1, 2005 West Hawaii Today) for the clubhouse/restroom facilities of the Waikoloa Golf Course, the King's Grill Restaurant at the Waikoloa Golf Course, and the Grounds Maintenance building at the Waikoloa Golf Course. To begin, let me urge you to consider the three applications together. They have been submitted by the same applicant for the same location for the same project: the Waikoloa Golf Course. It is a fundamental tenant of environmental law, that projects should not be segmented to avoid proper analysis. When several proposals that will have a cumulative or synergistic environmental impact upon a region are pending concurrently before an agency, their environmental consequences must be considered together. Only through comprehensive consideration of pending proposal can the agency evaluate different courses of action. Kleppe v, Sierra Club, 427 U. S. 390 (1976) When these applications are viewed together - or even if they are looked at piecemeal -you will find that they do not meet the criteria laid out in H.R.S. §342D-7. The law provides: No variances shall be granted by the department unless the application and the supporting information clearly show that: (1) The continuation of the function or operation involved in the Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docke[ No. OS-V W W-OSA, Findings of Fac[ and Conclusions oC Caw, Pahe 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: i . The granting of the variance is in the public inierest 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. Plans for each IWS shall be submitted to the Wastewater Branch for review and approval before any construction begins. In addition, the IWS shalt be approved in writing before being placed into service. 2. Each septic tank shall be fitted with an effluent filter(s). 3. The seepage pit(s) used for septic tank effluent disposal shall be registered/permitted by the Department's Underground Injection Welt Program. 4. The project shall connect to the Waikoloa wastewater sewer system when it become available to the area. DATED: Honolulu, Hawaii, _ 4raft $Ig`laati?r~ tJQ'f Required Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Waikoloa Grounds Maintenance -Variance Application WW 171 A, Dockel No. OS-V W W-OSA, Findings of Facl and Conclusions oC law, Page 5 y9 ~~p~f 9 ~Y~ a ~ aaaY,Ett~l ~~.te ~ ~ y _~.a. 125~.o3'8n~e _s.sadEG1"*~®e'~",]A ~ s. Suh~~cY. ~ .~_=_~m_~~ r~i~~ ~a er ~gpP~sa°~ta aao ~ ~ D~aclSet 1FTaaraabe~ ~ z- ~ ~ u ~ _ ! Y r ~~~v ~~~9 ! v~. ~SF~ 3~ecASaora a~ ~Bxde~ avid Feralan~s otFsacY ~eae~ CvcaD~:lacsl®ras o9°~.ai++~ ktouIIed 4a; _ _ _ Director of Health, ^Chiyome L. FukinoII ~ ~ ~ ~ _ Delruty Director for Envr,eonmental Hea?th Adeninisiratioxty Laurence Larx ~ Frav~ronrseeiatal ibganagexg,ernt Dnvision, `Thomas 7E. Arizurni, Chief Attorney Zieneral':> ®ii'°ice, IMark E~ennet, Dep. INiark McConnel or Dep. Ben lboberts Clean b~7ater Br~clx, Deitis Lau, Branch C}sief District Heahh (3flice L~ _ , .~ttn: l/ ~s{~1~~- y F~'r~„g,iv~l~rRe~~~esai '~la,nning R ?4fice Tcryai~ i[-Yaxrxwan 1_una, l'~rE>Sraxn I+~&ana,~?e? i ~ .n ~a4~ C,~n~~~r~; ~h+at., i3i~ a~n, '~~iill ~rra `'n"va~aaS, ,Y3i'anch ~.fi~aea Sanitation ranch, Brian Choy, Branch Chief water: C 1 _ s° ®®e w IJeiihborhood Board # ®ther: ®ther: Attn: :8e awestiru~ cavxra~aents~ ms~._~...~..~_~_~~~._» 4lease feral free to vuaite ~crrecdionslconrtnents oaa the attached doca~rnents axed/or sulrxnit formal curix+me~ta in z?ritin~. E':case rnaiB all documents directly to: ~ ib9~. YYarowd'~Z~,e, t:Ysief p° ~1~~-E?~~, ~Riastebva?erA3ranch f 9Y9 ,~1a PNYoad~a 3vc3. 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