HomeMy WebLinkAboutCOM 0324.000 2004-2006 bF • tOSy
LINDA LINGLE i ~ CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~t J/jg DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. RO% 3378 In reply, please refer to:
HONOLULU, HAWAII 96807-3378 File:
June 15, 2005
W W 171 B Draft Dec CL
D:Ct WB050433
Mr. Garrett Leong
Brown & Caldwell
119 Merchant Street, Suite 200
Honolulu, Hawaii 96813 _
Dear Mr. Leong:
Subject: Variance Application No. WW 1718
Docket No. OS-VWW-056
Transcontinental Development Company /
Waikoloa Development Company -King's Grille
Use of a Large Septic Tank at Waikoloa Development ,
150 Waikoloa Beach Drive
Waikoloa, Hawaii 96738
TMK: (3) 6-9-008: 012
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings of
Fact and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater
Branch on Oahu at phone 586-4294, fax 586-4300, or at our direct toll on Hawaii 974-4000,
ext. 64294, or no later than the close of business on Friday, July 1, 2005. If we do not hear
from you by the above date, the draft will be finalized. If you wish to discuss our decision and
add any additional information, please call our office before the above date.
Sincerely,
~
THOMAS E. ARIZUMI, P.E.,'C-191EF
Environmental Management Division
LNKM erm
Enclosures: Draft Decision and Order
Findings of Fact and Conclusion:> of Law Comm. No. 7s~i~,~
Ref. To:
c: Clean Water Branch R~,{, Date H IN 7 2~~5
Environmental Planning Office
Safe Drinking Water Branch
Department of Water Supply -County of Hawaii
District Health Office -Hilo
'/W'/'' astewater Branch -Kona Staff EngineE~r
~ ,rvawaii County Council
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VWW-056
Variance Application No. WW 1716 )
for Individual Wastewater System )
Transcontinental Development Company / ) # ~
_F.. t.. ....n.
Waikoloa Development Company )
King's Grille )
Use of Large Septic Tank )
at Waikoloa Development )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii 96738 )
TMK: (3) 6-9-008: 011 )
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 11-62-03 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. All food wastes from commercial kitchens shall be pretreated following
applicable county codes before it enters the proposed septic system.
4. The project shall connect to the Waikoloa sewer system when it become
available to the area.
5. The proposed seepage pits shall be properly registered/permitted by the
Department's Underground Injection Control program.
DATED: Honolulu, Hawaii,
pr~fit~ $fgna#t;~~e Nt~T~equl~ed:
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
:iTATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VWW-05B
Variance Application No. WW 1718 )
for Individual Wastewater System )
Transcontinental Development Company / ) ~ ~ ~;~I~2
Waikoloa Development Company )
King's Grille )
Use of Large Septic Tank )
at Waikoloa Development )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii 96738 )
TMK: (3) 6-9-008: 011 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Brown & Caldwell, of 119 Merchant Street, Suite 200,
Honolulu, Oahu, Hawaii, representing Transcontinental Development
Company/Waikoloa Development Company, for afive-year variance from Hawaii
Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 pertaining to the
definition of an individual wastewater system was reviewed by the Department of Health
staff, and a public notice of the application was printed in the April 27, 2005 issue of the
Honolulu Star Bulletin and in the May 1, 2005 issue of the West Hawaii Today
publications. Four (4) Department of Health agency comments and one (1) public
comment pertaining to the application were received during the 30 days following the
publication of the public notice.
Findinos of Fact
The applicant, Transcontinental Development Company /Waikoloa Company
located at 150 Waikoloa Beach Drive, Waikoloa, Hawaii has applied for afive-
yearvariance from the Hawaii Administrative Rules (HAR), Section 11-62-03
pertaining to the definition of an individual wastewater system for the Waikoloa
King's Grille Maintenance Building.
Waikola King's Grille -Variance A pplication W W 171 B, Docket No. OS-VWW-OS$
Findings of Fac[ and ConcWsions of Caw, Page 1
Transcontinental Development Company /Waikoloa Company is requesting the
variance from Section 11-62-03, as their wastewater flows form the Waikoloa
King's Grille Maintenance Building exceeds the 1,000 gallons per day maximum
flow that can be treated by an individual wastewater system (IWS). The
maximum flow from the facility is estimated at 1,940 gallons per day. The
applicant is requesting the use of a large septic tank to receive and treat the
wastewater flows from the King's Grille restaurant establishment at the Waikoloa
Golf Course.
The applicant has made the following statements.
1. Requested variance is for HAR Section 11-62-03: The projected flow
exceeds 1,000 gallons pen day. The projected maximum flow is estimated
at 1,940 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 requirennent of a wastewater treatment plant would
significantly add to the construction cost as well as require a much greater
ongoing maintenance cosi:.
4. The facility has been in operation for 14 years in this location using the
existing cesspool. The existing cesspool is located below grade between
the golf clubhouse and the 18"' green of the golf course. The installation
of a wastewater treatment plant would have to located above grade and in
view of resort golfers. This resort golf course depends heavily on
providing an aesthetically pleasing facility and there is no location on site
that would be out of view of golfers. Customers to the golf course would
likely be reduced.
5. 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.
6. The LCC serving this facility has been in operation for 14 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. The owner may be forced to close my
existing business and lay aff my employees.
W aikola King's Grille -Variance Application W W 171 B, Docket No. OS-V W W-OSB,
Findings of Fact and Conclusions of Law, Page 2
7. 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.
g, 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.
9. Although the location of the facility is not physically restrictive, the
potential locations for an aesthetically acceptable facility is severely
restrictive. This resort golf course depends heavily on providing an
aesthetically pleasing facility, and there is no location on site that would be
out of view of golfers. Customers to the golf course would likely be
reduced.
10. The variance is requested for the maximum of five (5) years.
11. A photo (King's Grille and Pro Shop sites) has been attached but cannot
be displayed here.
The following Department of Health agencies submitted the following comments:
A. The Clean Water Branch recommends to deny this variance application
stating that the subject project should connect to the regional sewer
system.
B. The District Health Office -Hilo recommends the granting of this variance
application.
C. 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
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.
Waikola King's Grille -Variance Apalication W W 17 t B, Docket No. OS-V W W-OSB,
Findings oC Fact and Conclusions of Law, Page 3
K/eppe v. Sierra Club, 427 U.S. 390 (1976)
When these applicrations 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. F~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 discharge of waste occurring or
proposed to occur by the granting of the variance is in
the public interest as defined in section 342D-6;
(2) The discharge occurring or proposed to occur
does not substantially endanger human health or
safety; and
(3) Compliance with the rules or standards from which
variaince is sought would produce serious hardship
without equal or greater benefits to the public.
In determining the "public interest,"
the director shall consider the environmental impact of the
proposed action, any adverse environmental effects which
cannot be avoided should the action be implemented, the
alternatives to the proposed action, the relationship between
local short-tisrm uses of the environment and the
maintenance and enhancement of long-term productivity,
any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be
implemented, and any other factors which the director, by
rule, may prescribe; provided that any determination of
public interest shall promote the optimum balance between
economic development and environmental quality.
It is hard for me to understand how variances from the public's
wastewater rules are in the public interest; or how the discharge of
wastewater into an individual septic system instead of a real
wastewater facility (benefits the environment of the public.
We know that lava in the area is porous and will allow sewage to
seep into coastal waters. The Land Use Commission hearing o the
TSA reclassification petition revealed the great threat posed by
wastewater to coastal waters.
Waikola King's Gille -Variance Application WW 171 B, Docket No. OS-VWW-OSB,
Finding oC Fact and Conclusions oC law, Page 5
Please consider the benefits of requiring a wastewater facility. A
well-designed facility would not only reduce the pollution flowing
into our water table and coastal waters, but it would also provide
water that could be used to irrigate the golf course. A wastewater
facility designed a:> a "living machine" would provide aesthetic
amenities as well.
Please ask the Waikoloa Development Company to provide you a
detailed financial dlisclosure. The company is not anon-profit, or a
low-income retiree. This is a major company with the financial
ability to protect the public's water from its pollution. I'm not sure
how this company, which has made huge profits from its
development activities, can honestly declare that it cannot afford to
build and operate a wastewater system.
Finally, please consider the alternative of having the Waikoloa Golf
Course hook up to the very nearby wastewater system.
Sincerely,
David Kimo Franked
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.
Waikola King's Grille -Variance Application W W 171 B, Docket No. OS-V W W-OSB,
Findings oC Fac[ and Conclusions of Law, Page 6
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
ieVie'v'J and apprvvai before any construct,on begins. !n addltlOn, ±he I~hrS
shall be approved in writing before being placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. All food wastes from commercial kitchens shall be pretreated following
applicable county codes before it enters the proposed septic system.
4. The project shall connect to the Waikoloa sewer system when it become
available to the area.
5. The proposed seepage pits shall be properly registered/permitted by the
Department's Underground Injection Control program.
DATED: Honolulu, Hawaii, _
A~~`~~~
gj~~~ur~yN.Q~~,feq~iir'ed
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact arnd conclusions of law are hereby adopted.
Waikola King's Grille -Variance Application W W 171 B, Docket No. OS-V W W-OSB,
Findings of Fac[ and Conclusions of Law, Page 7
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ROUTE TO:
Duector of Health - Chiyome Leinaala Fukino ~ a
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, F.MD -Thomas E. Ariaumi
Attorney General's Office, AG Mark E3ennet, Deputy Mark McCorudel, Deputy Ben ~obeats
Clean _Water Branch -Denis Lau .a
Environmental Planning Offaee -June lfarrigan Lum 1--- y~~~~--- -
Safe Dranking Water Branch -William Wong
_ Sanitation Branch -Commercial Pro ernes Onlyl '
Wastewater Branch Neighbor Leland (Staff - _
Board of Water Supply -Clifford Jamille
l Count+l c;f Hawaii Dept of Water Supply -Milton Pavao
+ ount~~ kri~d~Zaui h'~ept ~3~%a~ter S~ippfl~s~ ~ George ~'eny~~~
' 1Cau~i a~Q,YYnty Department er# d~7atei~ ~zrnest `3l W Pau
District Health Office -Maui - Herbert Matsubayashi, Chief Sanitarian
District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervising Sanitarian
District 1-Iealth Office -1-lilo Aaron U'eno, Chief Sanitarian
Oahu Neighborhood Board •
Clty $ County of Honolulu, Department of Planning F>< Permitting
-
.ACTION REQUES'TE'D: _
Regarding the Cover Letter, Public Nestice $ Variance Application, please check one boac~
( Q Recommend to G this variance application,
( j Recorngmend to DENX this variance application.
Please feel fs^ee to submit v°odFS~dRents wvhen returning this route slip to the address lzster~ l~floear.
13egarKlzng tlde D Decision, please feel free to write corrections/comments oha tide attached
tllacuida~sts ane~fou~ ~'~mit fn:oi~dal C;oiairlAents ir5 av~°itin~ the address listed beloenr,
Reg~~ii~c~ t TAL ~'1G~~".~ Decisioon, tkde attached is for yoaar infor~tiosdfaYe. Ple~~ ale or
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