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Home My WebLink AboutCOM 0344.000 2004-2006 f//2 ~r~ M1y, LINDA LINGLE DHIYOME L. FUgNO. N.D.. GO~£HNOP OF HAWAII S DIRECTOR OF HEALTH Jig STATE OF HAWAII DEPARTMENT OF HEALTH F10. BO% 3378 In reply, please refer lo: EMD/WB HONOLULU, HAWAII 96601 June 27, 2005 D:WW 195 PN CL.wpd CI wb050501 Mr. Peter Dahlberg Civil Engineer _I - 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 - Dear Mr. Dahlberg: SubjecC: Variance Application No. WW 195 Docket No. OS-VWW-29 , Use of an Individual Wastewater System (IWS) to Serve Multiple Dwellings Off Hawaii Belt Road Papaaloa, Hawaii TMK: (3) 3-5-004: 008 10.46 acres The Department has reviewed your application for a 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 notice is required to be published in the Honolulu Star- Bulletin and Hawaii Tribune Herald one (1~ time only. Please contact the follow agencies For assistance in the publishing of the public notice: Honolulu Star Bulletin 500 Ala Moana Blvd. Seven G~aterfront Plaza Suite 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826 email ashley~a starbulletin.com Hawaii Tribune-Herald contact Ms. Makanani Kaaua, telephone (800)548-1294, fax (808)969-9100 email makana hawaiitribune-hearald.com Comm. No. Ref. io: Ref. Date_ f^i ~QQri Mr. Peter Dahlberg June 27, 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 aftidavt! 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 may be 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 regarding the public notification procedure or the processing of your variance application, please call the Planning & Desil;n Section of the Wastewater Branch at our direct toll free number 974-4000 ext. 64294, fax (808)586-4300. In addition, we have enclosed a current Application for Variance and Application for Variance, Primarily Concerning Large Capacity Cesspool forms (December 2004 version) for future use. Sincerely, THOMAS E. ARIZIJNII, P~ Chief, Environmental Management Division LNKM:erm Enclosures: Receipt No. 13813 Public Notice Application for Variance Forms (December 2004 versions) c: Clean Wa[er Branch Environmental Planning Office Safe Drinking Wa[er Branch Department of Water Supply -County of Hawaii Di trio Health Office -Hilo ~waii County Council Wastewater Branch -Hilo Staff Engineer WASTEWATER SYSTEMS NOTICE OF ~i a~ a niCE a_ppLICATION ?CIO. W u~ 195 DOCKET PJO. OS - V W W - 29 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. James Edmonds of Papaaloa, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states "Individual wastewater system means a facility which is designed to receive and dispose of no more 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 system and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (ifany), and disposal components separate from any other wastewater system." and Section 11-32-31.1(b)(1) which states "The director may allow an individual wastewater system other than a cesspool to be used for two dwelling units which may or may not be located within the same building provided: (A) Both of the dwelling units are located on the sam single family residential lot; and (B) The individual wastewater system used shall meet the current requirements of this chapter." The applicant has stated that the property identified as TMK: (3) 3-5-004: 008 in Papaaloa, Hawaii contains three dwellings (two - 2 bedroom cottages and one 1-bedroom cottage) which are served by a cesspool. The total expected wastewater flow is less than 1000 gpd and the lot area is greater than 10,000 square feet. Mr. Peter Dahlberg Civil Engineer of 75-372 Aloha Kona Drive, Kailua-Kona, Hawaii has been authorized to act for the applicant. The applicant has made the following comments. a. The area of the lot is 450,000 square feet. b. 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. c. 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 space restrictions and may force the owner to abandon the business operation. f. "['he 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. "Cherefore minimizes impact to the environment. g. Prevent loss of jobs. The LCC serving my facility has been in operation for 20 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. I (owner) may be forced to close my existing business and ]ay off my employees. h. The existing LCC wil] 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. i. 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. The variance is requested for the maximum of five (5) years. Septic "['ank details have been attached to this application for variance but can not be shown here. Ifyou would like to review the full application, please call orwrite to the Wastewater Branch, 919 Ala Moan<i Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808)586-4294 or fax (808)586-4300 to obtain a copy or facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. CHIYOME L. FUKINO, M.D. Director of Health n~ ~ State of Hawaii Wastewate~~ nch Department of Health Application No. WW Environmental Management Division Docket No. ~5 - VWW - APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cesspools Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statues as of July 2Q04) 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). I. GENERAL INFORMATION (please print or type) A. Name: Jim Edmonds (Owner) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: PO Box 42 Pa aaloa HI 96780 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool - LCC) r Non-Residential r Retafl Business Visitor Center ' f Church Simplified Form: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/ 16/2004 Page 1 Prepared for lim Edmonds (Pepaaloa Cottages) by Peter 1.K. Dahlberg, P.E. 5-17-2005 r SchDDI I-" Golf course clubhouse / restroom I- Restaurant /Food Establishment I- Hotel r Other (please specifyl• r Residential r Multiple dwelling Community system f Regional Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 _ - 3 - 5 - 4 g 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai NA (off) Hawaii Belt Road (number) (street) _ Papaaloa HI 96780 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Peter J.K. Dahlberg Title: Civil En ineer Address: 75-372 Aloha Kona Dr (street) Kailua-Kona HI 96740 (city) (island) (zip code) Phone No.: (808) 895-6173 Fax No.: (808) 326-7482 E-mail Address pdahlberoQhawaii.rr.com Simplified Fonn: Application for HAR Clwpter 11-62 Vm-iance (barge Capnciry Cesspool) 9/16/2004 Page Z Prepared for ]im Edmonds (Papaaloa Cottages) by Peer 1. K. Dahlberg, P.H. 5-U-2005 C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. Section I1-62-03 Definitions state "Individual wastewater system means a facility which is designed to receive and dispose of no more 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 nerobic units with disposal systems and cesspools. Each individual wastewater system shall be an independent system and shall have al[ of its plumbing, treatment (if any), and disposal components separate from any other wastewater system" r Section I1-62-31./ (a) (1) (A) "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system. " ~ Section L-62-31.1 (a) (1) (C) "For residential 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 1Q000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " ~ Section I1-62-31.1 (a) (2) (AJ "Developments involving buildings other than dwellings. The wastewaterflow generated shall not exceed 1000 gallons per clay per IQ000 square feet of usable land area which shall not include the area tinder butldings. " r Section 11-62-31.1 (a) (2) (BJ "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " r Section 11-62-91.1 (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 feat which were created and recorded before ahe effective dale of this rule, only one individual wastewater system shall be allowed." Section 11-62-31.1 (b,l (1) -The director may allow an individual wastewater system other than a cesspool to be used far two dwelling units which may or may not located within the same building provided: (A) Both of the dwelling units are located on the same single family residential lot and (B) The individual wastewater system used shall meet the current requirements of this chapter Simplified Form: Application for HAR Chapter 11-62 Variance (Large CapaciTy Cesspool) 9/16/2~~4 ta3~'C 3 Prepared forum Edmonds (Papaalon Cottages) by Peter LK. Dahlberg, P.E. 5-17-2005 II. SPECIFIC INFORMATION A. Describe in detail the existing and conditions of the facility in relation to the requested variance. p5xample -Requested Variance is for HAR Section 11-62-31.I (a) (2,1(C): The total area of the subject lot is 8,500 ft~. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is L,000 gpd.) DETAILED DESCRIPTION Subject property contains multiple dwellings (2 - 2 BDR cotta es 1 - 1 BDR cottage) Total expected flow is less than 1000 pd. Lot area is greater than 10,000 sq ft. "Requested variance for HAR Section 11-62 Definitions and HAR 11-62-31 1 (b) (1) 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 approFriate r -450 000 The area of the lot is ~ 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 IWS would receive more. than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1000 (max) gallons per day. Simplified Fonn: Applicatianfor HAR Chapder 11 -.52 Variance (Large Capacity Cesspool) Sit ~i2004 P2g0 Prepared for ]im Edmonds (Papnaloa Cottages) by Peter K. Dahlberg, P.E. 5-17-2005 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 the State within a reasonable amount of time. Check all applicable reasons. r The existing larger 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 cesspool. 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. ~ If not in the choices, please specify: 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). ~ 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 fro review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. Simplified Form: Application for HAR ChapCer L-62 Variance (Large Capacity Cesspool) y~ ~ 6~2~O4 }~dgC 5 Prepared for Tim Edmonds (Papaaloa Co¢ages) by Peter K. Dahlberg, P.E. 5-17-2005 ~ Prevent loss of jobs. The LCC serving my facility has been in operation for 27 years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater on-going maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. r 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) will 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 compared to the current wastewater disposal. r 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 pre-treatment and sludge removal prior to effluent disposal. ~ If not in the choices, please specify: Simplified Form: App(icalion for HAR CFu~pler 11-62 Varimue (Large Cnpaciry Cesspool) 9/16/2~~4 Page 6 Prepared for Jim Edmonds (Pepaaloa Cottages) by Peier 1.K. Dahlberg, P.E. 5-17-2005 (3) Compliance with the roles or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. r The residents of the are essentially economically llecliPCCP/I f- 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. ~ 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. r 5 years r 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 F-1 Simplified Form: Application Jor HAK Chapter 11-62 Variance (Large Capacity Cesspool) 9/~ 6/204 PdgC 7 Prepared for Jim Edmonds (Pepaaloa Cottages) by Peter 1.K. Dahlberg, P.H. 5-U-2001 III. CERTIFICATION: (print name) (print title) certify Chat I knowledge of the facts herein set forth and that the same are true and co ec to th~' jes~of m towledge and belie Signature: ~ 'J ' Date: /S a5~~ DO NOT WRITE BELOW -FOR A~/GF,NCY USE ONLY IV. Date Application received: ~u`,~,~ ~ I ~G2~ 0~ 5 V. Application No.: Y' W VI. Docket No.: ~J~ _ V V" 'v~ VII. Received VIII. Filing fee~(:5~A6-f39 heck date _utl/ ~3 05 Check ~ IX. Department of Health Receipt _ X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: App[ication.fin~ HAR Chapter I1-62 Vm~iance (Large Capacity Cesspool) 9/t6/Zl)o4 Page 8 Prepeo_U far Jim Edmonds (Papaaloa Cottages) by Peer 1. K. Dahlberg, P.E- 5-17-2005 v ~ " O 3> 0 _ v _ y a ~ ~ Q a~ U I TTT 1 I ~ W ~ ~o m ~ i~ Q~ U i ° Y~~ ~ ' z ~ o Q a- J ~ F" Q > I' ~ U_ - ~ F-oo v, - LU ~ ~ ~ ~ ~ I o IV. ~ I\ i ~ s ~ e. 1, _ j ~ m r = m t O ,ZI~Y L ~ ~ ~ ~I~ ~ W ~ ? m JWQ - - u~ ~ ~ d Q U I- _ ~ ~ ~ ~ p o O G e _ H ' I~ ~ ~ r.c ~ i U II 5~ k " ~d U ~ ^ ~ ~ o 'm O Q/ ~ rv e c > S A j - - Y uI N _ o, N ' a m tl w _ "i _ n W [1 " _ _ _ _ _ _ _ _ _ Fem. x m R n ~ 0 (ILA ~ b p) V. J ~j ~ Q W W r ` E...I W N r ~-1 PRODUCT SPECIFICATIONS AND INSTALLATION INSTRUCTIONS Pacific Gunite Ferro Cement Septic Tanks TANK COi`.STRUCTION 1. Tanks shall be constructed of 51)00 psi ferrocement 2. Tanks shall be designed to support a H520-44 traffic load 3. Opening into tank shall be 22" or lazger. 4 The entire interior of the tank shall be coated with bituminous material INSTALLATION INSTRUCTIONS 1. Excavation shall be a minium of 24" lazger than the diameter of the tank. 2. 12" of compacted 3/4" base rock shall be placed under the tank. 3. The top of the tank shall be a minimum of 12" below the existing grade 4. Backfill man consist of 6" minus native material or 3/4"base rock. 5. Install 6" PVC riser w/ ;screw type cover to grade for inspection LEAK TESTING 1. The tank shall be leak tested in conformance with DOH procedure. CONNECTIONS 1. All connection to the existing system shall be in conformance with the 1995 U.C. And accepted industry standards. CLEANOU'I'S 1. Cleanouts shall be constructed in accordance with the included details. Installation Contractor to verify invert depths, and consolidate ALL wastewater lines to influent piping. Installation Contractor is advised to contact tank manufacturer and discuss possible "alternate" placement of septic influent tees given ideal placement of new septic tank, and existing wastewater lines (See Site Plan 4) Contact: Pacific Gunite (Pete Epperson) 808-938-1919 / 968-6059 PACIFIC GUNITE PETER J.K.DAHLBERG,P.E. INSTALLATION Q* 75-372 ALOHA KONA DR, KAIWA-KONA, HI 96740 I N ST R U CTI O N S v (808) 895-6173 FAx (808) 326-7482 •revised 17 May o5 L`~anssrraittal Dat ~~s-` S~~~pen~e Date: d Wastewater Br~nc?1'~ariance Applic~tiian I~~e `~'--~ccl~et iUo. a ~IWVrI 1Va~xie/Title ~f~ ~ ~Yid~l S ~ S3JBJECT: ~ - _ - - Public Notice ~4 5~ariance Application 3g LCovex~ Latter, a.._ _ 1Draft Decision Cover Letter, Decision i5~ Order and ~~i»d'~gs csf .~~act ~%onclusioa~ ~F a,aw _ Final Decision Cover Lettter, Signed Decision px Order and Findings of Fact 8r Conclusions of Law ROB TO: _ r Director of Health - Chiyome Leinaa]a Fukino De ty Director for Environmental Health Administration -Laurence Lau Chief, F.MD -Thomas E. Arizumi Attorney C;eneral's Office, AG Mark Bennet, Deputy Mark McCanneL Doty Ben Roberts Clean Water Branch -Denis Lau Environmental Plannin Office ° June Harrigan Lum ~ Safe Drinking Water Branch -William Wong i_ Sanitation Branch - Commercial PropertiesO„n~l~t _ _ Wastewater Branch Neighbor Lsland Staff - [ I,~,_J~'~~ [~ii ~ I.'l~'f 1 [ ]Board of Water Supply -Clifford Jamille Y [ i';j County of Hawaii Dept ~>f Water 'S°vspply - Milto~~ Davao e ] "2:aaY,ty of fl"fdaas '4~~npt v ~1Cater ~'~:~~ppla3 . George v~','s;~~ far, [ ] l~auai County Dapartmea~t of i~later'Ernest ~`:nr1lo R au [ ] Dastrict Health Office ° Maui -Herbert Matsubayashi, Chief Sanitarian [ ] District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian [ x ] District Health Office - Hiflo -Aaron rJeno, Chief Sanitarian Oahu Nei hborhood Board ~ _ City Ps County of Honolulu, Department of Planning Permitting County of ~tf LI;GI I I _ Council ACT10N REQLIESTEDo Regarding the Cover Letter, Public Notice ~r Variance Application, please check one box; [ ] Recoeramend to PRANT this variance application. [ ]Recommend to DENT'this variance application, Please feel free to submit comments when returning this route slip to the address listed below. Regarding the D DeC1SlOn, please feel free to write corrections~comanents on the attached. ~ocur~,ent,~ and%or swabmit formal comments in writing to the address listed below. ,'eg~r.~lax~g tl~e F11tlA%. Sl~l~l~ Decision, tlae attacZ~ed is for yoaia iaafoiri~ation/oleo ~le~as~~ fgle oH~ ~iis~:ard at your dnscretaon. Thank you; fl~lease feel :~i~ee to ~ul~axait cor-xrnenos ta: Mr. Harold `Yee. Chie$ Wastewater Braaiclaa ~l'~ Al<a Arla~ar.a Blvd, i2osaa~ ~~f9~, ~Hanolulu, fflawasu ~~~iq ~~~0 or phone j~0~] .~~6-429} f~ ]~'O~'l ~~~-~~~O~P~. r~.eceived ~"a W WH vas fiance mrs,~te slip.doe at of OS/12,~ZCOa 7rwr~v