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Home My WebLink AboutCOM 0343.000 2004-2006 ,e ° esa ~ ' ~1.~(G ' LINDA LINGLE { GHIYOME L. FUKINO. M.O. GOVERNOR OF MANAII Sg DWECTOR OF HEALTH Yye P®r ~4® N»` STATE OF HAWAII DEPARTMENT OF HEALTH G.O. BO%3378 In reply, please refer to: HONOWLU, HAWAII 96801 EMO/ WB June 27, 2005 W W 175 Draft Dec CL D:CI WB050494 Mr. Kirk Tomita Senior Environmental Scientist ' ` Hawaiian Electric Company, Inc. P.O. Box 2750 ' Honolulu, Hawaii 96840-0001 - Dear Mr. Tomita: - Subject: Variance Application No. WV1' 175 Docket No. OS-VWW-09 ' Use Septic Tank Systems to Eliminate Large Capacity Cesspools at Hawaiian Electric Light Company, Ina (HELLO) P.O. Box 1027 Hilo, Hawaii 96720-1027 TMK: (3) 2-2-058: 019 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 586-4294, fax 586-4300, or if calling from Hawaii, at direct toll free no. 974-4000, extension 64294, no later than the close of bttsiness on Friday, July 8, 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.F=,-~I4IEF Environmental Management Division Enclosures: Draft Decision and Order Findings of Fact and Conclusions of~Law c: Clean Water Branch Environmental Planning Office Safe Drinking Wa[er Branch COMtN. NO. Department of Wa[er Supply -County of Hawaii Ref. To: ^--~~-70-"^~q~+~~ District Health Office -Hilo Ref. Date 0 UL U LUUJ Wastewater Branch -Hilo StafCEngineer t '$awaii County Council STATE OF HAWAII DEPARTMENT OF HEALTH L7 the Matter of the Application ) Docket No. OS-V W W-09 Variance Application No. WW 175 ) for Individual Wastewater System ) Use of Septic Systems to Replace LCCs at ) DRAFT -SIGNATURE NOT REQUIRED Hawaiian Electric Light ) Company, Ina (HELLO) P.O. Box 1027 ~ Hilo, Hawaii 96720-1027 ) TMK: (3) 2-2-058: 019 ) 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 (IWS) and Section 11-62-31.1(b)(2) pertaining to connections to an IWS is hereby GRANTED with the following provisions: l . Plans for each treatment 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 shal] be fitted with an effluent filter(s). 3. Existing cesspools converted into seepage pits shall properly permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 4. The project shall connect to the: County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft -Signature NOT required. Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF DEPARTMENT OF HEALTH L>, the Matter of the Appl cation ) DecketNo_ 05-VWW_09 Variance Application No. WW 175 ) for Individual Wastewater System ) Use Septic Systems to Replace LCC at ) DRAFT -SIGNATURE NOT REQUIRED Hawaiian Electric Light Company, hic. (HELLO) P.O. Box 1027 ) Hilo, Hawaii 96720-1027 ) TMK: (3) 2-2-058: 019 ) FINDINGS OF FACT .AND CONCLUSIONS OF LAW An application from Mr. Kirk Tomita, Senior Environmental Scientist for Hawaiian Electric Company, Inc. for afive-year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section ll-62-03 pertaining to the definition of an individual wastewater system (IWS) and Section 11-62-31.1(b)(2) pertaining to connections to an IWS was submitted, and a public notice of the application was printed in the May 12, 2004 issue of the Honolulu Star Bulletin and May 12, 2005 issue of the Hawaii Tribune Herald publications. Four (4) 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. Findines of Fact Hawaiian Electric Company, Inc., P.O. Box 2750, Honolulu, Hawaii 06840-0001 has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an individual wastewater system (IWS) and Section 11-62- 31.1(6)(2) pertaining to connections to an IWS. The applicant is requesting to use large sized septic talilc systems and be allowed to connect more than one building serving the industrial power plant located at 54 Halekauila Street, Hilo, Hawaii 96720 and identified as TMK: (3) 2-2-058: 019 to an IWS. The applicant has made the following statements. 1. The requested Variance is from HAR Section 11-62-03 and 11-62-31.1(b)(2): The total area of the subject lot is 14,624 acres. The lot has several buildings on HHLCO Variance Application W W 175, Docket No. OS-V W W-09, Findings of Fact and Conclusions of Law, Page 1 it consisting of office buildings, warehouses, a system control center and a power plant. There are two cesspools on the facility. Hill Cesspool and Kanoelehua Cesspool. The estimated wastewater flow to the Kanoelehua Cesspools is 1600- 2260 gpd. The production affice and the Hill 5&6 plant are served the Hill Cesspool with an estimated wastewater flow of 240-980 gpd. 2. 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 1600-2260 gallons per day. 3. Present systems are connected to multiple buildings. The cesspool systems are being upgraded to meet the EPA mandate to close all LCCs by April 2005. 4. The existing large capacity ce;sspool(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. 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 minimizes impact to the environment. 6. 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. 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. Also, the County has informed HELCO that in 3-5 years a new sewer line will be installed and HELCO would be required to connect to the system once completed. 8. The variance is requested for the maximum of five (5) years. An attachment (Proposed Sanitary Wastewater Flow Diagram, Hawaii Electric Light Company) 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: HELCO Variance Application WW 175, Docket No. OS-VWW-OQ Findings of Facf and Conclusions of Lsw, Page 2 A. The Clean Water Branch submitted the following comment: 1. Recommend to grant this variance application. 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 nrogram-recorded drinking water wells within ]14 mile of the facility; and 2. Because the proposed improvement is being driven by the federal ban on large-capacity cesspools, we have no objection to granting the variance. Please contact Norris Uehara at telephone (808)586-4258 if you have any questions. C. The Wastewater Branch submitted the following comments: 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 existing cesspools converted into seepage pits shall be permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 4. The project shall convect to the County sewer service system should it become available to the area. D. The District Health Office -Hilo submitted the following comments: 1. Recommends the granting of this variance application. 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). I IEL('0 Variance Application WW 175, Docket No. OS-V W W-09, Findings of Fact and Conclusions of Law, Page 3 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: l . 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. Existing cesspools converted into seepage pits shall properly permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 4. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, _ Draft -Signature NOT required Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. HELCO Variance Application W W 175, Docket No. OS-V W W-09, Findings of Fect and Conclusions of Law, Page 4 ~'ransr~aittal Date: r ~ Su:spense Dater . 4~'a~tewater l3ranc;i°~ - ~Jarxanee Application ~Ioo TAT l~ocleet 1Vo. ~ _~Taixref'I'itle - ~ - ~flBJT: _ _ Cover Letter, Public Notice i~r iarinece Application ~ Draft Decision Cover Letter, Decision ~r Urder and findings of Fa~:^t Conclusions of Law Final Decision Cover Letter, Signed Decision ~ Order and Findrngs of Fact 8r Conclusions of Law ROL7TE TO: _ Director of Health _ Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arisumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Ben Roberts Clean Water Branch -Denis Lau --_-1- - - _ _ Environmental Plannin Office a June Harri an Lum _ Safe Drinkin Water Branch -William Won Sanitation Branch -Commercial Properties Only! _ _ Wastewater Branch Neighbor Island Sta#f - ~$oard of Water Supply ° Clifford Jamille - iIi County arf Hawaii Dept of Water Supply m Milton Pavao "'ounty x dui Dept ~/ater Snap~ly ~eoa~ge f'exrg~a l~aa;;aai County Department of Water ~errrest "~.`~I. Lau District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian District Health Office -Kona ° Paul Okvna, Supervising Sanitarian District Health Office eHilo -Aaron Veno, Chief Sanitarian Oahu Neighborhood Board ~ _ City & County of Honolulu, Department of Planning ~ Permitting AC°fiON REQI7ESTED: _ _ _ Regarding the Cover Letter, Public N<rtic2 e4~ Variance Application, please check one boxo ]Recommend to GRANT this variance application. ]Recommend to DENY this variance application. lease feel free to submit comrrients when returning dais route slip to •tlne address listed below. RegardingP the DRAF°1° Deeislon, please feefl free to write correctaoras/comments on the attached documents and~or sul,mit formal comrraents ira writing to tlae address listed beloe~~. - Regarding the fTl<iAl~ SIGNED Decisiono the attached is for your information/file. Please' fsle or discard at your discretion.. "1'i~°ank your-----------v Please feel free tc? v~ih>i~ait Corxaanents to: Mr. Harold Yee, Chief; Wastewater BraBiclx, 1319 Iddoal°.~na Blvd. Room 309, Honolulu, Hawaii 9°814 4~3~0 or phone (~0~') S8G-4294 fax ($O~) g~'~-4300. Received bid Snn•/J»; _ - va5iance routsr slip.doc as of 2/10% 2Q05 vvvw