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Home My WebLink AboutCOM 0325.000 2004-2006 4 ~ ~ 1 CHIYOME LEINAALA FUKINO, M.D. LINDA LINGLE t ~ ; DIRECTOR OF HEALTH GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OP HEALTH P.O. BOX 3378 In reply, please refer to: HONOLUi_U, HAWAII 96801-3378 File: June 17, 2005 W W 182 Draft Dec CL D:C1 WB050451 Mr. David Levenson, Trustee 508 San Anselmo Avenue, #17 San Anselmo, California 94960 Dear Mr. Levenson: Subject: Variance Application No. WW 182 Docket No. 05-VWW-16 Replacement of Existing Large Capacity Cesspools Serving Mango Court LLC 79-7460 Mamalahoa Highway Kealakekua, Hawaii 96750 TMK: (3) 7-9-007: 029 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 at (808) 586-4294, fax (808) 586-4310, or if calling from Hawaii at direct toll free no. 974-4000, ext. 64294, 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., IEF Environmental Management Division LNKM:erm Enclosures Draft Decision and Order Findings of Fact and Conclusions of Law - c: Clean Water Branch - j Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Kona Staff Engineer i~ Department of Water Supply - County of Hawaii Comm. Np. / Z~ bistrict Health Office -Hilo `%/~~~s /Hawaii County Council Rf>f. Tot ~ c~.,fe,~nl 2 7 ~nn5 STAI"E OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VWW-16 Variance Application No. WW 182 ) for Individual Wastewater System ) Replacement of Existing Large Car?ac=ity 1 D#2AF~' ~ 5~~3NAT~Jt~~, ~IQ~ ~~?~~p Cesspools at Mango Court LLC ) 79-7460 Mamalahoa Highway ) Kealakekua, Hawaii, 96750 ) TMK: (3) 7-9-007: 029 ) 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. Non-domestic wastewater generated from the buildings shall meet the intent of Hawaii Administrative Rules (HAR) 11-62-31.1(i) which is to provide adomestic- like wastewater influent to the septic system. Installing grease traps or interceptors meeting the City and County of Honolulu's criteria may be necessary. 4. Existing cesspools shall be abandoned per instructions from the Department's Underground Injection Control program. 5. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft -$igria#t~,re N~T'requi#ed Thomas E. Arizumi, P.E. Chief, Environmental Management Division :>TATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-16 Variance Application No. WW 182 ) for Individual Wastewater System ) Replacement of Existing Large Capacity ) DRAFT' SIGNA~`~R~ Nf)~ Cesspools at Mango Court LLC ) 79-7460 Mamalahoa Highway ) Kealakekua, Hawaii, 96750 ) TMK: (3) 7-9-007: 029 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. David A. Leveson, Trustee, Mango Court LLC, 508 San Anselmo Avenue #17, San Anselmo, California 94960, for alive-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 28, 2005 issue of the Honolulu Star Bulletin and in the April 30, 2005 issue of the West Hawaii Today publications. Five (5) Department of Health agency comments and no public comment pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The applicant, Mr. David A. Leveson, Trustee, Mango Court LLC, has applied for afive- yearvariance from the Hawaii Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an individual wastewater systercl (IWS) which by definition restricts the use of an IWS to flows of 1000 gallons/day or less. This variance request is to allow the use of a single IWS with a design flow of 2,5000 gallons/day. The proposed wastewater system would serve two (2) existing commercial buildings and one (1) existing residential building and possible future development. The subject property is located at Mango Court, LLC at 79-7460 Mamalahoa Highway, Kealakekua, Hawaii, and identified as TMK: (3) 7-9-007: 029. The applicant has made the following comments. 1. 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 2500 gallons per day. 2. The existing large capacity cesspool(s) needed to be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. Mango Courl Application W W 182, Dceket No. OS-V W W-16, Findings of Fac[ and Conclusions of Law, Page I 3. 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. 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 wiA 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. 5. Construction and maintenance costs for a W WTP will be passed on to commercial and residential tenants thus possibly requiring existing businesses to close and tenants to vacate. 6. 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. 7. 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. 8. 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. The variance is requested for the maximum of five (5) years. Best accommodates long term commercial leases. 10. A plot map has been attached to this application for variance but can not be shown here. If you would like to view it, 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. The following Department of Health agencies submitted the following comments: A. The Safe Drinking Water Branch submitted the following comments: 1. The site is located above the Underground Injection Control (UIC) line. Land areas above the: UIC line, in general, overlie or recharge underground sources of drinking water; 2. There are no program-recorded drinking water wells within 1/4 mile of the facility; 3. Because the proposed improvement is being driven by the federal ban on Mango Court Application W W 182, Docke[ No. OS-V W W-16, Findings of Fact and Conclusions of Law, Page 2 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 construe;lion 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. Non-domestic wastewater generated from the buildings shall meet the intent of Hawaii Administrative Rules (HAR) 11-62-31.1(i) which is to provide adomestic- like wastewater influent to the septic system. Installing grease traps or interceptors meeting the City and County of Honolulu's criteria may be necessary. 4. Existing cesspools shall be abandoned per instructions from the Department's Underground Injection Control program. 5. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, u._ Draf~..~~g~a~'ara N~~ `>i'e'quir Thomals E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Mango Court Application W W 182, Docket No. OS-V W W-16, Findings of Pact and Conclusions of Law, Page 4 r-----_ Transmittal date: ~j~ -~E~ ~ _ 5'usp~aa~~ 17at~: y( Wastewater ~ranc~ ° Zlariance Application 1`To, T ~J Docket boa - ° _ alame/Title SIJBJECTo Cover Letter, Public Notice &'Variancc: Applicatian _ _ Draft Decision Cover Letter, Decision ~8r Order and Findings of Fact 8rConclusions of Laav Final Decision Cover Letter, Signed Decision Pr Order and Firadangs of Fact $r Conclusions of Law ROZITE TO. Darector of Health - Chiyome Leinaal:a Fukino Deputy Duector for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel. Deputy Ben Roberts Clean Wa+.er Branch -Denis Lau Environmental Planning Office -June Harrigan Lum _ Safe Drirnking Water Branch -William Wong _ Sanitation Branch Commercial Pro roes Only! s _ Wastewater Branch Neighbor Island Ste-~ ~Yly~~ (Zj yY)Q~-DI~-- ~Board of Water Supply -Clifford Jamille ~~-Psunty of Hawaii Dept of Water Supply -Milton Pavao County of Maui Dept of Water Supply ° George Terngan Kauai County Department of Water Ernest ~f.W. Lau District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian District Health Office -Kona -Paul Okuna, Supervising Sanitarian istrict Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Neighborhood Board ~ _ City $ County of Honolulu, Department of Planning & Permitting ~aTrc ~ I t,Ut Ul'J i L ACTION REQt1TESTED. Regarding the Cover Letter, Public Notice ~ V'ariance Application, please check one boxe [ ] Recommend to GRANT this variance application. [ ]Recommend to DENl'tlxis variarnce application, Please feel free to sreabmit coaflnments tivhen returning this route slip to the address listed helovr, _ r - Regarding the DRAF`1° Denis°:on, please feel free to write corrections/coaraments o~~ the a-ttached ~ dot~~~ents an~ifor ~~ubmit fc:rmal caraunents in auriting to tlse address l;~d belowa • I~egardip~<~ the F1NAL SIG Decision, the attached is for your information/Eels, Pleases file or -discard sat your daserr~tiono "IeiAank yo~:~.___._----___._. ~~'lease fire] Ease 4o s+~aaait s:o~su~r~ents ~~o: Mr, H~~old `Y'es, Chief, Wastewater Braaac'1$, 919 A~ 9~~at-ra Blvd, Room 309, Honolulcfl, Hawaii 908'14 -4920 or phone (8'O$') S$6-4294 fax (80~°) 5~6-4300, Received b!NJ33 _____/---/---__--va,~eaasece ao3ate ~,flap.doe as of ~/2~/?a05 vevav