The URL can be used to link to this page

Home My WebLink AboutCOM 0361.000 2004-2006 0 4 ~ a6 ~4 LINDA LINGLE r ~ LHIVOMELFIIKIN0. M.0.. GOVERNOR OF MANAII ~t DIRECTOR OF HEALW c. L~I_ ~ ~i (..-1 r. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 33]8 ~ , I ~ In reply, please refer to: EMD/WB HONOLULU, HAWAII 96801 July 1, 200$ D:WW 196 PN Cl..wpd CI w6050510 Mr. Peter Dahlberg Civil Engineer 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 Dear Mr. Dahlberg: Subject: Variance Application No. WW 196 Docket No. OS-VWW-30 Use of IWS for Restaurant /Food Establishment Atsugi Planned Management Hawi - Niulii Road Hawi, Hawaii TMK: (3) 5-5-009: 076 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 1 1-62-41, 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 aze required. If the public notice is satisfactory, the public notice 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 500 Ala Moana Blvd. Seven Waterfront Plaza Suite 500 Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826 email ashle~(p)starbulletin.com West Hawaii Today P.O. Box 789 Kailua-Kona, Hawaii 96745, telephone (808)329-9311, fax (808)329-3659 emailllogan@westhawaiitoday.com Comm. i`lo. Ref. TQI _ R~€9 ~?al~_, Illl~~ Mr. Peter Dahlberg July 1, 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 (I S) 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 regarding 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, fax (808)586-4300. Sincerely, THOMAS E. ARIZUMI', Chief, Environmental Management Division LNKM:erm Enclosures: Receipt No. 13874 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii District Health Office -Hilo ~~Hawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 196 DOCKET NO. OS - V W W - 30 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. Atsugi Planned Management, P.O. Box 6122, Kamuela, Hawaii 96743, has applied for a variance, for the maximum of five (5) years 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 (if any), and disposal components separate from any other wastewater system." and Section 11-62-31.1(a)(2)(D) which states "The total wastewater flow into each individual wastewater system shall not exceed 1,00 gallons per day". Peter J.K. Dahlberg, Civil Engineer at 73-372 Aloha Kona Drive, Kailua-Kona, Hawaii 96740, is the individual authorized to act for the applicant. The applicant is requesting a variance for HAR Section 11-62-31.1(a)(2)(D), as the flow into proposed IWS exceeds 1000 gpd. The projected flow is 1800 gpd. The proposed treatment unit is a 2000 Gallon Septic Tank with Effluent Filters. The project is arestaurant /food establishment located at Hawi - Niulii Road, Hawi, Hawaii, and identifed as TMK: (3) 5-5-009: 076. The applicant has made the following comments. 1. The area of the lot is 20,971 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area. 2. The large capacity septic system proposed to serve the facility would not complywith 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 1800 gallons per day. 3. 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. 4. The current State requirement ofawastewatertreatmentplantwou]dsignificantlyadd to the construction cost as well as require a much greater ongoing maintenance cost. 5. The facility has been in operation for 40 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. 6. 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. 7. Prevent loss of jobs. The LCC serving my facility has been in operation for 40+ 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 lay off my employees. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide abetter 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. 9. 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. 10. The variance is requested for the maximum of five (5) years. 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. FiJKTNO, M.D. Director of Health State of Hawaii Wastewate Branch Department of Health Application No. W W Environmental Management Division Docket No.~_ - VWW - ~Q APPLICATION FOR VARIANCE -Primarily Concernine Large Capacity Cesspools Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statues as of July 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). I. GENERAL INFORMATION (please print or type) A. Name: Atsugi Planned Management (Corporation, company, agency, firm, etc. seeking variance) Mailing address: PO Box 6122 Kamuela HI 96743 (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 Retail Business r Visitor Center r Church Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Pegg I Prepared for A[sugi Planned Management by Peter ].K. Dahlberg, P.E- 5/23/OS I School r Goff course clubhouse / restroom r Restaurant /Food Establishment r Hotel Ot"~cr (plcasc specify): r Residential r Multiple dweDing r Community system r Regional r Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 5 - 5 - 9 76 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai NA Hawi - Niulii Road (number) (street) Hawi HI 96719 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Peter J.K. Dahlberg Title: Civil Engineer 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 gdahlberaQhawaii.rr.com Simplified Form: Application for HAR Chapter )1-62 Variance (Large Capacity Cesspool) 9/t6/2004 PagC 2 Prepared for A[sugi Planned Management by Peter J.K. Dahlberg, P.E. 5/23/05 C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. r Section Il -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 Iastewater systems .may ne~olve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal systems and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system" r Section 11-62-31. ] (a) (1) (A) "For residential developments. There shall be 70,000 square feet of land area for each individual wastewater system. " ~ Section 11-62-31.1 (aJ (I) (C) "For residential developments. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded bejnre the effective date of this rule. For lots less than 10,000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall 6e allowed. " r Section 1 ]-62-31.1 (a) (2) (A) "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under buildings. " r Section 11-62-31.1 (a) (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " ~ Section 11-62-31.1 (a) (2J (C) "Developments involving buildings other than dwellings. Area of [he lot shall not be Less than 10, 000 square feet except for lots created and recorded before the effective date of this rule. For lads less than 10,000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " ~ Section 11-62-31.1 (a) (2) (D) The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day" Simplified Form: AppHcntion for HAB Chapter 11-62 Variance (Large Capacity Cesspool) 9/1 f~/Z~o4 PLgE 3 Prepared (or Atsugi Planned Management by Peter J.K. Dahlberg, P.E. 5/23/05 II. SPECIFIC INFORMATION A. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example -Requested Variance is for HAR Section 11-62-311 (a) (2) (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 2,000 gpd.) DETAILED DESCRIPTION Requested variance is for HAR Section 11-62-31.1 (a) 2 (D). Flow into proposed IWS exceeds 1000 gpd. Projected Flow is 1800 gpd. Proposed treatment unit is 2000 GAL Septic Tank w/ Effluent Filter." ' Variance requested for HAR Section 11-62-31.1 (a) 2-A, 11-62-31.1 (b) 2 " Variance requested for HAR Section 11-62-31.1 (a) 2-D B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill- ip-the missing information as appropriate f The area of the (usable) lot (area) is 20=971 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 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 1800 gallons per day. Simplified Form: Application for HAK Chapter Il -62 Variance (Large Capacity Cesspool) y/]O/204 t~~gE A Prepared for Atsugi Planned Management by Peter J.K. Dahlberg. P.E. 5/23/05 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 al] applicable reasons. r i ne existing large capaciiy cesspools} must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. 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. ~ The facility has been in operation for 40+ 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: 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 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. Simplified Form: Application forHAR Chapterll-62 Variance (Large Capacity Cesspool) 9/~ 6/2 ~l)4 t'ag0 5 Prepared for A[sugi Planned Management by Peter ].K. Dahlberg, P. h- 523/lU r Prevent loss of jabs. The LCC serving my facility has been in operation for a0+ 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. ~ 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. r If not in the choices, please specify: Simplified Form: Appfica/ion Jm~ HAR Chapter I J-62 Variance (Large Capacity Cesspool) 9/t6/ZQn4 f agC t7 Prepared for A[sugi Planned Mamgemen[ by Peter J.K. Dah lbcrg, P.E. 5/23/05 (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. 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. ~ 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 vears 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- L Simplified Form: Applicatirnl for HAR Chapter I1-62 Variance (Large Capacity Cesspool) 9/1fi/20t)4 Pa?e ~ Prepared for Atsugi Planned Management by Peter 1K. Dahlberg, P.E. SI23IOS III. CERTIFICATION: I /lil/f{t] /YI }~O.t~G//~n'/~ - prP~S/D~•t'T (print name) (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. Signature: ~ _ Date: ~/~'Y o?3, SODS DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: V V~~l~ 2i V. Application No.: y~ VI. Docket No.: V ~ ~~(Y~~ 3~ VII. Received by: ~ ~ ` "'C _ gc~zes:ee> ~ 05 - 2 - D S VIII. Filin fee check date. Check ~ 2~ IX. Department of Health Receipt _ ~ X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Fonn: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) y/] 6/2~~4 gage g Prepared for Afsugi Planned Management by Peter J.K. Dahlberg, P.E. 5/23/05 'x~°~ariil Da~~o \ ~ Suspen~~ Dade: d ~~~ste~.~ater $~°anch 'U'arlance ~pplica~ir~n lti!e~. T/r~lr D®cket N®o r e ~a~e/Title i h - w__.r.~_ ~~dL~1T: Cover Lamer, Publie 1~Iotiee ~s tCariaeae? ~,.pplicataon_~,~~~._~_.~ m,....~~--__.___ .i~i - - _ x~raft Deeisaon [:over Lettef°, l~+eeisione'r Order ar,d F'sn~,ings o3 la'ae~t ~Goanclusi~ans ~f Laa~,~ ~~anafl Decision Cover Letter, Signed Decision $ Order a~rBd Fixadings of Pact ~ Cc~nclusaons rsf Law ROUTE TOe Director of Health ° Chiyome Leinaala Fukino - Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD ° Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy lark McCoxuael, Deputy Ben Robeats Cleaan Water Branch Denis Lau x~.'ravironmental Plannin Office -June Harrigan L2~n Safe Drinkin Water Branch v William Wonq ~ Sanitation Branch -Commercial Properties Only! Wastewater Branch Neighbor Island Staff - t~~eT~yY~r~~- V°l~l ]Board of Water Supply -Clifford Jamille ~ ~ ] f, ] Coaanty of Hawaii Dept ~ yJVater Supply ~ Nlalton havao ' f, a ~_."a..~ ~'!S.a t! X2A??S; ~7~~=ttc^.:t' s' ,?V'+~1'+1 - ri°-~.'.F5';~~VF:. '.X ~ r. ~5..; y. i i , ~ ~ j ~ "::ie ~_?t~P~t%~ Yd~~,;i?'?',:".^?E"!At ^-em ~'f4~'w ~pr~a ¢~'~„~~.3,e~ k' VJad' ?~~,x~ [ ]District Health Office -Maui -Herbert Matsubayasha, Chief Sanitarian ] ]District Health Office _ 1Kauai -Clyde Takekuma, Chief Sanitarian [ District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Nei hborhood Board ~ City ~ County of Honolulu, Department of Planning ~ Permitting County of Council ACTION REQUES°l'ED~ Regarding the Cover Letter, Publie Notice ~ °lariance Application, please check one bo~c: [ ] Reca:marnend to G this variance application. - [ ] ReP'aar~aaviemd to Dk',N'I than variance application. Please feel free to saibmit comments when retaarriing dais route slip tes tine address Rimed belowo Regarding tl~ DRAI-"`1° Decision, please feel free to vrva°ite correct2ons~conaaaaents tl~ ached e~oeumeaa4P and,/or ~xibmit formal comments in evriting to ties address lasted bel~e~cro _ ---~-,~~~axd~~a, y ~°kl~pKSi~ SIGNED lr'eei:si~arn,'~l>~ ats~aclaed as fy~;~~ ~_flo~~ inforanatnoan,/false a~lP~~ fsl~ ;~a L :'~8~~x~~L~,__~_!~'_Y.°..i'lea..r-w"(?t?.i)~. '~e3.~:?lr i~iraa-i. _ 1 1~lease feei ~ee'ao ~u~$*n»i~ coixiaxents ;;o: Mr. Harold fee, Chief, W~tewafer Br~nc&i,,, ~1~ A~~'~o~a Blvd, 1~'ooxa~ ~O~P ;raorr~r~lu~?~ro l~~nraii ~45~1~--~~9~20 or p~na~ (e`~'O~') ~~s~~~~~~ e~ ~a~a®e3"~ ~~s~~~~Ok~a ~teceived ~r~i d•1±• vaian.ce roiete sli~.dnw a3 of ®S/P~/2GJL~ vvq+vv