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Home My WebLink AboutCOM 0327.000 2004-2006 or h ~/~!ass`\ i d/ itlrorti_.. LINDA LINGLE ~ ~ CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII g~ ~ $ DIRECTOR OF HEALTH l ~'®.vP~GU~~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. 80X 3378 In reply, please refer fo: HONOLULU, HAWAII 96801-3378 File: June 17, 2005 D:WW 193 PN CL.wpd C1 wb050454 Mr. Stephen J. Herbert Civil Engineer 74-5606 Pawai Place #203 Kailua-Kona, Hawaii 96740 - - Dear Mr. Herbert: Subject: Variance Application No. WW 193 Docket No. OS-VWW-27 Central Kona Center II 81-970 Halekii Street Kealakekua, Hawaii TMK: (3) 8-1-003: 062 The Department has reviewed your preliminary application for the variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. 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 notia~ 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 S00 Ala Moana Blvd. Seven Waterfront Plaza Suite 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826 email ashley@starbulletin.com West Hawaii Today P.O. Box 789 Kailua-Kona, Hawaii 96745, telephone (808)329-9311, fax (808)329-3659 email Mogan@westhawaiitoday.com G~+mm. No. 3 t1 blef.7o: Mr. Stephen J. Herbert June 17, 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 of this application for variance. All publication costs are the responsibility of the applicant. You must submit the original certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteen (15) days after the publication date. You may make a copy for your records. Please be advised that, pursuant to Chapter 342D-7, HRS, a public hearing maybe required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed, a receipt for your variance application for the amount of $300.00. If you have any questions regazding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at our direct toll free number 974-4000, ext. 64294 or fa:~c (808)586-4300. Sincerely, 7 THOMAS E. ARIZUMI, P.~ Chief, Environmental Management Division Enclosures: Receipt No. 13811 Public Notice c: C]eanWaterBranch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii D//istrict Health Office -Hilo t/Fiawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VAP:ANCE APPLiCA T iOi1 iv G. vv' vJ i 93 DOCKET 1V0. OS - V W W - 27 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Stephen J. Herbert, Civil Engineerof74-5606 Pawai Place #203, Kailua-Kona, Hawaii 96740, authorized agent for the applicant, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62.31.1(a)(1)(D) which states in part that the total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two. The applicant, Central Kona Center II, which is located at 81-970 Halekii Street, Kealakekua, Hawaii, and identified as TMK (3) 8-1-003: 062, operates a three (3) level building consisting of mixed residential and commercial units. The residential units consists of 4 studios (dwelling units) in the top level, university classrooms in the ground level and storage area at the bottom level. The apartments have been physically inspected and each apartment has a kitchen which classify it as a dwelling. The total projected flow for residential units, classrooms, and storage area is 995 gallons per day. The applicant has made the following comments. a. The area of the lot is 30,000 square feet. This is insufficient to meet the minimum land area requirements for IW"S utilization which is one IWS per 10,000 square feet of lot area. b. The large capacity septic system proposed to serve the facilitywould not complywith HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. 7'he estimated flow into the system would be 995 gallons per day. c. The existing large capacity c:esspool(s) must be closed and replaced with a new treatment individual wastewater 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 construction cost as well as require a much greater ongoing maintenance cost. e. The facility has been in operation for 20+ 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 spare restrictions and may force the owner to abandon the business operation. £ The proposed design of septic systems and conversion of existing cesspools as seepage pits for the septic effluent should greatly improve the wastewater operation and disposal at the subject property. Furthermore, effluent filters will be included on .611 f b~ . ~ 4~t.-~ State of Hawaii Wastewater ~ h Department of Health Application No. WW Environmental Management Division Docket No. ~ - VWW - 2'~ APPLICATION FOR VARIANCE -Primarily Concernine Large Capacity Cessaools Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statues as of .iuly 2004) Submit the original, one (1) copy and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 (808) 586-4294 Attachments are allowed, but preferred in 8'/z" x 11"format (for copying purposes). L GENERAL INFORMATION (please print or type) A. Name: Central Kona Center II (Corporation, company, agency, firm, etc. seeking variance) Address: PO Box 500 (street) Kealakekua HI 96750 (city) (ia.land) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool - LCC) r Non-Residential r Retiiil Business r Visitor Center r Church Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Pepe 1 Prepared for TAMARACK PWES by Stephen J. Herbert, P.E., Inc 5/16/2005 f School r Golf course clubhouse / restroom r Restaurant /Food Establishment f Hotel r Other (please spcci~y`~: Residential r Multiple dwe:?ing ~ Community system r Regional r Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 _ - 8 - 1 - 3 62 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 81-970 Halekii St (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 (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: Apylication for HAK Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2~l)4 P3~e 2 Prepared for TAMARACK PINES by Stephen 7. Herbert, P.E., Lie 5/11/2005 C. Identify the specific sectiion(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. r Section 11-62-03 De tuitions state "Individual wastewater system means a facility which is designed to receive and dispose of no mare than 1000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal systems and cesspools. Each tndtvidual wastewater system sl'sall be an independent system and shall have all of its plumbing, treatment (if any), and dispos¢1 components separate from any other wastewater system" r Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10, 000 square feet of land area for each individual wastewater system. " r Section 11-62-31.1 (a) (I) (C) "For resident{al developments. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before the effective date of this rule. For lots less than ]0,000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " r Section 17-62-31.1(a') (2) (A) "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 7000 gallons per day per 10,000 square feet of usable land area which shall not include the area under buildings. " r Section 71-62-31.1 (a) (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " r Section 11-62-31.7 (a) (2) (C) "Developments involving buildings other than dwellings. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10,000 square fee[ which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " ~ Section I 1-62-31.1(a)(1 J(D) "The total wastewater flow into one individual wastewater system sldall not exceed one thousand gallons, and one individual wastewater system skull not serve more than five bedrooms, wherther they are in one dwelling unit or two." Simplified Form: Application for HAR Chapter II-62 Variance (Large Capacity Cesspool) 9/16/2~~4 Page 3 Prepared for TAMARACK PINES by Stephen J. Herbert, P.E., Inc 5/11/2005 II. SPECIFIC INFORMATION n. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example -Requested Variance is for HAR Section 11-62-31.1 (a) (2) (C): The total area of the subject lot is 8,500 ft~. The lot has 2 buildings an it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is 2,000 gpd. J DETAILED DESCRIPTION The subject property houses multiple single dwellings. The single dwellings are 1 BDR apartments. The apartments have been physically inspected and each apartment has a full kitchen (range, refridgerator, and kitchen sink) which classify it as a dwelling. The complex houses 3-1 BDR dwellings', and 1 office (upstairs). The downstairs portion of this property are satellite classrooms for University of Hawaii. 'Requested Variance(s) are for HAR Section 11-62-31.1(a)(1)(D) B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill- in-the missing information as appropriate ~ The area of the lot is 30,000 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 ft~ of lot area r The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the would receive more than 1,000 gallons per day of wastew er. The estimated flow into the system would be 9 a ons per day (max projected into any of the 9 propose ystems Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 4 Prepared for TAMARACK PINES by S[ephen 1. Herbert, P.E., Inc 5/11/2005 C. Describe in detail why the present or proposed equipment and/or operating conditions cannot be altered to bring such facility into compliance with the environmental rules of th.e State within a reasonable amount of time. Check all applicable reasons. i~ The existing large; capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. r The current State requirement of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater on-going maintenance cost. r The facility has been in operation for 20+ years in this location using the existing cesspools. 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. f~ If not in the choices, please specify: The proposed design of septic systems and conversion of existing cesspools as seepage pits for the septic effluent should greatly improve the wastewater operation and disposal at the subject property. Furthermore, effluent filters will be included on each septic tank for the purpose of monitoring septic tank operation and effluent clarity. D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1, 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 Statutes, 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 PJVS 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 minimizes impact to the environment. r Prevent loss of jobs. The LCC serving my facility has been in operation for t~ years. The current State requirements of a wastewater treatment plant would significantly add to the construction Simplified Form: Application for HAR Chapter 17-62 Variance (Large Capacity Cesspool) 9/l6/2~~4 Page 5 Prepared forT'AMARACK PWES by Stephen 1. Herbert, P.E., Inc 5/11/2005 cost, as well as requil'e a 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 variance will not substantially endanger human health or safety. The existing LCC will be upgraded to an IWS (septic system). The IWS (septic system) ~wil] provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the DOH standards. The impact to the environment will be minimized compazed to the current wastewater disposal. ~ The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvemt°nt to the existing cesspool in terms of wastewater treatment. The septic; tank will provide pre-treatment and sludge removal prior to effluent disposal. ~ If not in the choices, please specify: (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. Simplified Form: Application for HAR Chapter ] 1-62 Variance (Large Capacity Cesspool) 9/16/2004 Pegg 6 Prepared for TAMARACK PINES by Stephen 1. Herbert, P.E., Inc 5/11/2005 r The residents of the are essentially economically depressed. r 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. r The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. r If not in the choices, please 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. f~ 5 years f Less than 5 years F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment R 1 Simplified Form: Application for HAX Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Ptlg'e 7 Pcepa~ed forTAMARACK PINES by Stephen L Herbert, P.E., Inc 5/11/2001 III. CERTIl~ICATION: I, STC-PNCTI NEK(3E2T co,vSuLT,M1T (print name) (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct/t~th~e b~e°s"t o=f my'/kno/wledg~fe-and belief. Signature: _~4 / ~t;tcJG~t~' Date: MAY /(o o'jOJ rJ T DO NOT WRITE BELOW -FOR `A~jGENCY~~UjSE ONLY IV. Date Application received: `~(t~~~`~ V. Application No.: • `'~~/1~~~/~~ VI. Docket No.: O~ ~ V Y • ` VII. Receiv~ b~~y~/yy--~~ Vw~ VIII. Filing fee ($~A~90) check date:~~ "VI~ Check UX. Department of Health Receipt ` ~ I X. Decision on Application (including date): XI. Dale of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspoai) 9/I6/2004 P3g0 8 Prepared for TAMARACK PINES by Stephen J. Herbert, P.E., [nc 5/ll/2005 t~ a--_. ~Txacastraitt~l D~'te, ~~'y~e S~speta~e ~at~~ o a~tewv ate Br~nCP~_Vara~Tace Applgcatis)n IV®o ~ D~rP~~t Ira'~rraei T'it~C - - j Cover Leer, Public 13otieae ~ ~,'ariar~ce Application _ _ _ I Draft Decasaon Cover Letter, Decision Order and Findings of ~`ar.'t ~COnclusions ~ d~a~w Final Decasaon Cover Letter, Si named Decision ~r t~rder asad 1°indin~s zAf F'aot Concl:~.,ioa~ rf Lar~r ' C- - ~~JT~ - - J Director of Health ° Chiyome Leinaala Fukino Deputy Director for gnvironmental Health Administration -Laurence Lau Chief, isML~ -Thomas E, Arizumi _ Afitorney general's Office, AC 1vIark Bennet, Dep~aty P/Iark ~/1cConnel, Deputy Ben b~obert;~ - ' ,',°lean Wat~:r Brand? -Denis 1:ac., environmental Planning Office ~ ,Tune Harrigan Lum ----J®~.~ Safe Drinkin Water Branch -William Wow Sanitation Branch -Commercial Properties On1yB ._.-____.__-__--__.___N___ _-T_~._---_--- o g'as}..e~rJater Branch No;s31~}~nr Tclarad Staff - ^ ~P_ .~_~__.__r_ ] ]Board of Water Supply ° Cliifard ~Jamille P' 1'Fo~eaat~ of Ha~raii DeTrt Hof Water Supply ° a~'ilton Pavao r i;,-r ~ot:y rx3 ~a~tn ~tel;,~ jr~` ilil'z~tea' Sw~~ply ~ aaeor~e `~,'1'r•:r,~~A ~ ] leauai Cowrty 17epartiiieaat of Wa~:er ernesi `~.W. Lau ] ]District Health Office - Nfaui -Herbert Matsubayashi, Chief Sanitarian ] ] Dastrict Health Office - lrauai -Clyde Takekuma, Chief Sanitarian ] ]District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Nei hborhood Board ~ _ City FA County of Honolulu, Department of Planning Pr Permitting County rsf - Council _ AC°1'1.JN IZ~JJeSTeD: _ _ 1Zegardinq the Cover Letter, Public Notice ~ Variance Application, please check one beax: ] ] I2erorrimend to GRANT this varianee application. ] ] i`'~eroisamend to DeNY tl3is variance application. 'lease fe~Yl free to submit comments vuhen settxrnin this soots slip to the address li.~:~d :belo~+r. :~ega~ c~in~ he DRAII?I' l?ecnsaor~, please feel free to vrr3t-2 r orJreetaons/e;oaaaments Ada tI~ athed- +ocur~a~^n~ ar~z~'or s~cab~nit foa meal foida3ia@ntS ia~ ~,rritin~~ to ~~lse_ address listed below ~ee~~,rrl ~r,~ ~h~ ~ lI~PA~a SlCl~leL~ t~~!cisi«~~ the attachad +~loo~r ~ratormation~°f~la ~°l~:a,~ ,~sl ~ rr J ,ir said a~ 1l~x~a_ziisr rr't'oi~. ~"?.a~!a& yo!! l~l€~a~^e r'cal free o su)I~a~~:~ co°izu. ~en~'s to; ~tls, ~1<~a°old fee, Chief, Wa,tev!rater Ba°ancla. Ell ~ Al:~ q~lp~a~nG~, Blvd, s~c_;o;+~a. l~Ioi~,)1+,1,~, l'~=ar~~aA ~ia~'l~..d~~?.~" oa° la~sane a~OB) ~$'~°~a~ ~~`fi sFaa~ ~c~t)t~a .~a~~ta-°~~~!~~, 'Receiared ~y 7,nTVe~ va.2arac@ raaoaka wlip.de~c ~ o&~ 0~/b2/~d00S ~w