HomeMy WebLinkAboutCOM 0239.001 2004-2006 of
~55y' S
LINDA LINGLE ~ ~ CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII
t DIRECTOR OF HEALTH
tea:.:
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 33]B In reply, please refer to:
HONOLULU, HAWAII 96801-33]8 File:
July 26, 2005
WW 175 Final Dec CL
D:C2 w6050623
CERTIFIED MAIL 7002 3150 0001 6551 0286
RETURN RECEIPT REQUESTED
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. WW 1'75
Docket No. OS-VWW-09
Use Septic Tank Systems to Eliminate Large Capacity Cesspools at
Hawaiian Electric Light Company, Ina (HELLO)
Hilo, Hawaii
TMK: (3) 2-2-058: 019
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
application for vaziance request which was GRANTED on ,J~~ 2 2 LOOS We are
enclosing for your information the Findings of Fact and Conclusions of Law.
Please note the variance conditions and if there are any questions relative to the variance, please do
not hesitate to contact Mr. Harold Yee, Chief of the Wastewater Branch at 586-4294, fax at 586-4300;
or ifcalling from the Big Island at direct toll free number 974-4000, extension 64294.
Sincerely,
-
i
THOMAS E. ARIZUMI, ~E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
District Health Office -Hilo 00017n. NO, ~
Environmental Planning Office 7
Safe Drinking Water Branch RQf• TO: ~"-m°-~
Department of Water -County of Hawaii Rt~~, C)ate ~yl 3~_
yl`fawaii County Comtcil
Wastewater Branch -Hilo Staff Engineer
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the App]ication ) Docket No. OS-VWW-09
Variance Application No. WW 175 )
for Individual Wastewater System
Use of Septic Systems to Replace LCCs at )
Hawaiian Electric Light )
Company, Inc. (HELLO)
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(6)(2) pertaining to connections to
an IWS is hereby GRANTED with the following provisions:
1. 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 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.
JUL ? 2 2005
DATED: Honolulu, Hawaii,
Thomas E. Arizumi, P.E~~
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-09
Varance Application No. W W 175 )
for Individual Wastewater System )
Use Septic Systems to Replace LCC at )
Hawaiian Electric Light Company, Inc. (HELLO )
Hilo, Hawaii )
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 1 1, Section 11-62-03 pertaining to the definition of an individual wastewater system
(IWS) and Section l 1-62-31.1(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 the 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 ofthe public notice.
Findines of Fact
Hawaiian Electric Company, Inc., P.O. Box 2750, Honolulu, Hawaii has applied for a
five-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 pertaining to
the definition of an individual wastewater system (IWS) and Section ] 1-62-31.1(b)(2) pertaining
to connections to an IWS.
The applicant is requesting to use large sized septic tank 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
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
IIL~L('O Variance Application W W U5, Docket No. QS-VW W-09, Findings of Fact and Conclusions of Law, Page t
Cesspool. The estimated wastewater flow to the Kanoelehua Cesspools is
1600-2260 gpd. The production office 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 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.
S. 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:
A. The Clean Water Branch submitted the following comment:
1. Recommend to grant this variance application.
HF,LCO Variance Application W W 175, Uackct No. OS-V WW-09, Findings oC Fact end Conclusions of Law, Pagc 2
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 program-recorded drinking water wells within 1/4 mile of the
facility; and
2. Because the proposed improvement is beine driven by the federal han nn
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:
l . Plans for each IWS shall be submitted to the Wastewater Branch for
review and approval before any construction begins. )n 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 connect 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).
2. The granting of this variance will not substantially endanger human health or
safety.
HBLCO Variance Application W W 175, Docket No. OS-VW W-09, FindinPS oC Fact and Conclusions of Law, Page 3
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:
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. 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.
JUL 2 2 ~~r'`-
DATED: Honolulu, Hawaii,
Thomas E. Arizumi, P.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
HFLCO Variance Application WW 175, Docket No. OS-UW W-09, Findings o(Fact and Conclusions of Law, Page 4
g 3 7 py i.
e YT "FS'-prn x.P ~$1~,h9° ~ 171 Y'dd tl~~ e, ~ av~n re v~+2t yy~.l=}
~ ,ae n Ra.f ~WN9 w i? h , ~C.b+w~a,wsa~ 3.+er s~. ~
,od
i 'UM ~ ~-lN~us?V~ 7"~aaR tx ac?aa t ~~ra ~7_Q ~a,Zt~t'x ~Ma a a~~~~ ~ n o.,9s as ~ 9, ~in~ t o J d
f°°~ a"~=S y'~~~tgls Ns~-- - 81s.,t' ,~{"cf_"'
p 1'.i, wa ~
tt. ~...if 1. ~_'1 ~ 13 _ 9 :1.es"9 {~,J~~ di ,~i.
e
- _ .
i AY Z -1 Tl 4`° t\....] d y°... .1. _..,a. Sf+ Us, },Pd -.84__....-
, - - ~ e,.. ,a a
~t _ . _ ~ ~ _ - a.~a v.~v-s ..rn ti~aw
~ 1 ~aq l~ec yon C`ovea L~~tc^ Ccrlned Ders.~R~~n ~ C,+rder and ~indangs of ~'actr ~ Conclusla~aa?D csf Law~r
~--T 'I~PS'ectox of 1-le~lth - Chia~ome ]~einaala l:yRhxao
Deputy Director for Environmental Health Administration -Laurence Lau
_ Chief; EN[D -Thomas E..~rizasmi
=r°~ttorney ~exaeral's C}ffice, A~ Park Bennet, l?ep~aty a~~ar3c lvIcCoraesel, Deputy,Ben ~obey~i:s - - -
Clea~+ 6'~ater l3raneh Denis Lays -
- - -
~ I~vire~7YaaeTrtal l~lasu~bxs~ ~~ce ~.lune %-das~ie~~rn ~~n =
S~fc: Drinking l'Vater Brant~h - YValliam ~lione~ . _ T_
Sanitation Branch Coasamercial Pro rtaes Only9 - ~
y?b'aste~vaater Branch lilei hbar IsL~nd Staff - -,~~~5~~
r ~'oard of l'Vater Supply ~ Cliliord JarnaYle / g
Coy limn; ~,f 1•Iaenraii Degt of Fh/atex Su~aga]?1 - ]Milton P ~ o ,
-39i ii+,- '~aL'si IJ;1~- r..-.a~a~r( =i U'T' naa.s..~')/'ii~lui.=aX it
Dist7•it.t Flealth Ofxi"ace 1~?[aui alerbert A/fa , _ _ _ _ _
~ tsubayaslsi, Chief Sanitarian
District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Icons -Paul Okaxraa, Supervising Sanitarian
6 District Health Off re, - ]-Lilo m Aaron Reno, Chief Sanitarian
Oahu lyleic~hborlwod Board ~ _
City ~ County of }lonolulu, De artment of Planning far Permitting _
a~ ~ - -
.Tit°"l'~!:?Hfl] P'-';1,~" J'x">`."4°~',Y
f~e;rarciing ttn€^ Cn',r,~r l~e'rt~r, '~rakaliG ~lc>tice ~ Variance Application, falease cla€:c,k one boats
~ i 'kecoflr~;~er~d to Ci~r`~~P tkais yrax~i~ce application.
~ ~ iRer;ora-aaaaesad ,to D`9C t~i"s ~ari~ce application,
~~r~ aa;;? frYm) (?+s,Y S.'"?j~;sC]A'y C 47U?Lar7en}C"6'1/l?t~,'n rrt°,'t9..LrYA1Ltl t13R~; r93y1 `rl$e~.> YTCi ~9s^.~ z1e-~Y.~x~°$;w: l7~`°G[:t?i ~Sc°~C)`,~7,
1 'sW ~ 1i r]'aa~a d ti' b-Jv~r,a { )drit 1 B iadle iSi~ :4~~i fX'eQ 4",4.T W~?'fl'Je °!C?2"P~'C ta~tlA~ ~'6?i'i.&7`tR~1P?~~ tLUUA t1'fae ~.~t9fa C>'t~i.
i
k { ~ ~ 'a 71'c")'r n ,a _i C-.',", i Jk ~ ~.l °'7E a u~'J,E2Fat~ 4~] "NX'fl$7~,1,~ ~ix7 fr.12#? %dd~'Y'+~+:~':P fll~.?,~~6 ~'r~4uD.d',
'~~Tfry3Yr _
{ i~~ 7 Fl ~ ~_~g, p ti~~V~l L~ ~r:w~~;uc~~, ~h stkaPfle~ a. A-:axi~ ile,enr ~n$Ra~n~Ea~~~eardlfll~ i~l~a, _ ~2ile ~as°
I ~ ,
'lye 4.C:: Y t ~ :14 ~ ,a~~, ~ ~sk, y¢7n.
i~ , Y. ; ti ',i' . = i~_ J, 'g41('P. 7X ]9'S I',c~. >=,Y Y. ~ s, !/5~3:;}~vrv',i r~.: t7:f
_L r:~'~., '~m~~~rS ~'Y~~., d SF,.@ .k~n'1Y~.
~[.-DUial t' ~s 4la;ll br V 1n~tS, ~ 41'J'14 <i; 5 d , 05~ .+9' ~'1~~'~AE. ~L.a e~f: ~~~t~`~ az~ i~)'l~d- ~ ~,ra'~~"',~~~l~Y
d2er,c>Ive:7 by rrobJH / vuiance route slip,doc 3. ofl L/7~ a~7C?US vPtrw