HomeMy WebLinkAboutCOM 0326.001 2004-2006 ..?S ~44~
/y
~f a \958 ~lr~
..'~.:tl•p~en r
LINDA LINGLE ~ CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~s!` ° DIRECTOR OF HEALTH
~~a`~rza `t~,
STATE OF HAWAII
DEPARTMENT OF HEALTH
RO. BOX 33]8 In reply, please refer to:
HONOLULU, HAWAII 96601-33]d File:
July 26, 2005
W W 171 C Final Dec CL
c:\temp\:CI w6050631
CERTIFIED MAIL 7002 3150 0001 6551 0262
RETURN RECEIPT REQUESTED
Mr. Garrett Leong
Brown & Caldwell
119 Merchant Street, Suite 200 r
Honolulu, Hawaii 96813
Dear Mr. Leong:
Subject: Variance Application No. WW 171C
Docket No. OS-VWW-OSC
Transcontinental Development Company /Waikoloa Development Company
1Jse of Large Septic Tank Waikoloa Golf Course Clubhouse/Restroom
150 Waikoloa Beach Drive,Waikoloa, Hawaii
TMK: (3) 6-9-008: 012
Please find enclosed the Department of Health's D~c~sio~r4an~~rder regarding the above mentioned
request for variance which was GRANTED on We are also 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 if calling frorn the Big Island at our toll free number 974-4000, ext. 64294.
Sincerely,
~J?
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
F,ncbsures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
District Health Office -Hilo ~Zb
Environmental Planning Office ~CJfi1F~l. ~`I4•
Safe Drinking Water Branch ~~?l. TO: _ _r~;;
Department of Water -County of Hawaii ~ }y~ts nl 7J~-.~ 2005 _
~i`{awaii County Council
Wastewater Branch -Hilo Staff Engineer
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-OSC
Variance Application No. WW 171C )
for Individual Wastewater System )
Transcontinental Development Company / )
Waikoloa Development Company )
Use of Large Septic Tank at Waikoloa )
Golf Course Clubhouse / Restroom )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii )
TMK: (3) 6-9-008: 012 )
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 1 1-62, Section 11-62-03 pertaining to the definition of an individual wastewater
system is hereby GRANTED with the following provisions:
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 ta~ilc shall be fitted with an effluent filter(s).
3. The project shall connect to the Waikoloa sewer system when it become available to
the area.
4. All food wastes from commercial kitchens shall be pretreated following applicable
county codes before it enters the proposed septic system.
5. The proposed seepage pits shall be properly registered/permitted by the Department's
Underground Injection Control program.
JUL 24 2005
DATED: Honolulu, Hawaii,
Thomas E. Arizumi, P.;
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter ofthe Application ) Docket No. OS-VWW-OSC
Variance Application No. WW 171C )
for Individual Wastewater System )
Transcontinental Development Company / )
Waikoloa Development Company )
Use of Large Septic Tank )
at Waikoloa Golf Course Clubhouse - )
Restroom )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii )
TMK: (3) 6-9-008: 012 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Garrett Leong, Project Manager at Brown & Caldwell, who
represents Transcontinental Development Company/Waikoloa Development Company, for afive-
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 pertaining
to the definition of an individual wastewater system was reviewed by the Department of Health staff,
and a public notice of the application was printed in the April 27, 2005 issue of the Honolulu Star
Bulletin and in the May 1, 2005 issue of the West Hawaii Today publications. Three (3) Department
of Health agency comments and one (1) public comment pertaining to the application were received
during the 30 days following the publication of the public notice.
Findings of Fact
The applicant, Transcontinental Development Company /Waikoloa Development Company,
has applied for alive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03
pertaining to the definition of an individual wastewater system for the Golf Clubhouse and Restroom
facilities.
The Transcontinental Development Company /Waikoloa Development Company is
requesting the variance from Section 11-62-03 for the use of a large septic tarilc to serve the golf
course clubhouse / restroom facilities of the Waikoloa Golf Course located at 150 Waikoloa
Beach Drive, Waikoloa, Hawaii, and identified as TMK: (3) 6-9-008: 012.
W aiknla Cluhouse -V orianec Application W W 171 C, Docket No. OS-VWW-OSC,
Findings o(Facl and Conclusions of law, Page 1
The applicant has made the following statements.
1. Requested variance is from HAR Section 11-62-03: The projected flow exceeds 1,000
gallons per day. The projected maximum flow is estimated at 3,980 gallons per day.
2. The large capacity septic system proposed to serve the facility would not comply with
HAR Section 1 1-62-03 because the IWS would receive more than 1.000 eallons ner
day of wastewater. J
3. The existing large capacity cesspool(s) needed to be closed and replaced with a new
treatment individual wastewater system on or before April 5, 2005 in order to comply
with federal requirements.
4. 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.
5. The facility has been in operation for 14 years in this location using the existing
cesspool. The existing cesspool is located below grade between the golf clubhouse
and the 18`" green of the golf course. The installation of a wastewater treatment plant
would have to located above grade and in view of resort golfers. This resort golf
course depends heavily on providing an aesthetically pleasing facility and there is no
location on site that would be out of view of golfers. Customers to the golf course
would likely be reduced.
G. 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. The LCC serving the facility has been in operation for 14 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. The
owner maybe forced to close his existing business and lay off my employees.
8. 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 he 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 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.
Waikola Cluhouse-Vananee Application WW 171 C, Docket No. 05-V W W-0SC,
Findings o(Fac~ and Conclusions of Law, Page 2
10. Although the location of the facility is not physically restrictive, the potential locations
for an aesthetically acceptable facility is severely restrictive. This resort golf course
depends heavily on providing an aesthetically pleasing facility, and there is no location
on site that would be out of view of golfers. Customers to the golf course would likely
be reduced.
„ TL_. _ a~_.y va.,ic~
i i, a art, vaiiarw io r„q ueotCu ?vi ri e ii~ax iil'iliifii va iiti ~ ~ years.
The following Department of Health agencies submitted the following comments:
A. The Clean Water Branch recommends to deny this variance application stating that the
subject project should connect to the regional sewer system.
B. The Safe Drinking Water Branch submitted the following comments:
I . 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.
2. Because the proposed improvement is being driven by the federal ban on large-
capacitycesspools, we have no objection to granting the variance; and
3. The public notice should have explicitly stated that the cesspools are going to
be used as seepage pits. A UIC permit application has been submitted to
register the cesspools as seepage pits.
Please contact Norris LJehara at telephone (808)586-4258 if you have any questions.
D. 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 shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch.
4. All food wastes from commercial kitchens shall be pretreated following
applicable county codes before it enters the proposed septic system.
5. The project shall connect to the Waikoloa sewer system when it become
available to the area.
W aikola ('luhouse -V arianee Application W W 171 C, Docket No. OS-V W W-OSC,
Find mgs o(Fact and Conclusions o(L~w, Page 3
E. Une public comment was received from Mr. David Kimo Frankel, P.O. Box 1185,
Volcano, Hawaii 96785, dated May 3, 2005 regarding Variance Application Nos.
WW 171 A, 171B and 1761 C, Docket Nos. OS-VWW-056A, B and C.
I am writing to urge that you deny the three wastewater variance applications
submitted to you by the Waikoloa Development Company (as published in the May 1,
2005 West Hawaii Todavl for the clubhouse/restroom facilities of the Waikoloa Golf
Course, the King's Grill Restaurant at the Waikoloa Golf Course, and the Grounds
Maintenance building at the Waikoloa Golf Course.
To begin, let me urge you to consider the three applications together. They have been
submitted by the same applicant for the same location for the same project: the
Waikoloa Golf Course. It is a fundamental tenant of environmental law, that projects
should not be segmented to avoid proper analysis.
When several proposals that will have a cumulative or synergistic environmental
impact upon a region are pending concurrently before an agency, their environmental
consequences must be considered together. Only through comprehensive
consideration of pending proposal can the agency evaluate different courses of action.
,Kleppe v. Sierra Cluh, 427 US. 390 (1975)
Whcn these applications are viewed together - or even if they are looked at
piecemeal -you will find that they do not meet the criteria laid out in H.R.S.
§342D-7. The law provides:
No variances shall be granted by the department unless the application and the
supporting information clearly show that:
(1) The continuation of the function or operation involved in the
discharge of waste occurring or proposed to occur by the granting of
the variance is in the public interest as defined in section 342D-b;
(2) The discharge occurring or proposed to occur does not substantially
endanger human health or safety; and
(3) Compliance with the rules or standards from which variance is
sought would produce serious hardship without equal or greater
benefits to the public.
In determining the "public interest,"
the director shall consider the environmental impact of the proposed action,
any adverse environmental effects which cannot be avoided should the action
be implemented, the alternatives to the proposed action, the relationship
between local short-term uses of the environment and the maintenance and
enhancement of long-term productivity, any irreversible and irretrievable
commitments of resources which would be involved in the proposed action
should it be implemented, and any other factors which the director, by rule,
W aikola Cluhouse -Variance Application W W 171 C', Docket No. OS-VWW-0SC,
Findings o(roct and Conclusions of Izw, Pagc4
may prescribe; provided that any determination of public interest shall promote
the optimum balance between economic development and environmental
quality.
It is hard for me to understand how variances from the public's wastewater
rules are in the public interest; or how the discharge of wastewater into an
individual septtc system instead of a real wastewater facility benefits the
environment of the public.
We know that lava in the area is porous and will allow sewage to seep into
coastal waters. The Land Use Commission hearing o the TSA reclassification
petition revealed the great threat posed by wastewater to coastal waters.
Please consider the benefits of requiring a wastewater facility. A well-
designed facility would not only reduce the pollution flowing into our water
table and coastal waters, but it would also provide water that could be used to
irrigate the golf course. A wastewater facility designed as a "living machine"
would provide aesthetic amenities as well.
Please ask the Waikoloa Development Company to provide you a detailed
financial disclosure. The company isnot anon-profit, or aloes-income retiree.
This is a major company with the financial ability to protect the public's water
from its pollution. I'm not sure how this company, which has made huge
profits from its development activities, can honestly declare that it cannot
afford to build and operate a wastewater system.
Finally, please consider the alternative of having the Waikoloa Golf Course
hook up to the very nearby wastewater system.
Sincerely,
David Kimo Frankel
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 eleazly 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.
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.
W aikola Clnhouse -Vananee Application W W 171 C, Docke[ Na OS-V W W-05(',
findings o(Pacl and Conclusions of Law, Pale 5
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. The project shall connect to the Waikoloa sewer system when it become available to
the area.
4. All food wastes from commercial kitchens shall be pretreated following applicable
county codes before it enters the proposed septic system.
5. The proposed seepage pits shall be properly registered/permitted by the Department's
Underground Injection Control program.
DATED: Honolulu, Hawaii, ~~005
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing Endings of fact and conclusions of law are hereby adopted.
14afkola Cluhouse -Variance Application W W 171 C, Docket No- OS-V W W-0SC,
Pfndings oC Fact end ConcWsions o(Law, Page 6
II
~v -
~ - - _ d -~a~ ~ f d ~ f 7- k
~ ~T 1's4~xi1`?ac~,A ,~~td d. ~`~o ~ ""..'il ~"1 ~_l ~ i n t0 ,d aA~~~°~'Y L"ti~, ~a,@-k's~m,
r
C1 ~ Affrzlf~.4' ~i id f,~"s' 'd?~..67~~? s~° r.,7. ra £Lfl{t~'H~fa •A'b i! ?~d~~ ~ ~~fl ?Bi ' a - -
~1f ~t~5~'-'J~i b~LL1 al~Y ~k~~~'P~~{~~~. ~ib5r'!,~?§~"dUb*~"{~-:~
<:o J' ~S74a;w t a?1 lea 'iba;dtl±
~ __"_.L -
~ ~ 2+v 6+a€"C &.~4CbSa a7i"Yt~P ~a25 a¢'~" R~6'$'bS'RCIi a'+ ~'Y ~~',~'i~£r ~at~ ~tq'~9 ~a~"., -f~' ° ~ # ~ v n 3ita~?~13yY ~ ~...~11
_ _
r - - - -
~ i _ a dY` ~=.Il %(377 i! r ~ C "_k_ °9~ef~'~e ~"9' flQl~ ~z (q rl e4'~ nsuz~ ~°a, r~aFi~'a Jr~- ~y ~'~'7Ta~9?~aiJ~P-u ~ .JV' ~-"t~i
fC,I.3~J
~E `T'~;
~ ec~tor ~ Hea?th ;'1bi+~uYx~e ~~inaa~ ~~~ileJrao
- -
_ Deputy Director ffor r:nvironmental I-Yealth Administration=Laurence Laus - -
- _ Chief, EN1D ~ `T'homas E. A,riaumi -
,9~.ornesJ ~aaaeral°.~ flff£ice, A~ Mark ~3~~e#° 1~nT,wat~~ T~arle 1~R~~'ra~~c?~, Dflp~~E~ ~e~a "~t+~~~r;
~ ~ ~"le::~c 14Ia'ter ?3ra-~aar'Ve_ - 5 d,av5~ Lau
~r~~t.,~.~51Yn£~^~1?~d 7=a~~Jf3f9~cs`Jur_3~~ ~axei
_ - 4'affe Drixikin~Water ~raneia - V17illiaxaa -i/~onq .
_ Saaaitationa Branch -_Coa~nme~'eial Properties (J ly! _
Was=tewater T3ranch T~deighbor Leland Staff ~n_._
Board of Water Supply - Clsfford Jamalle ~
"'a' 1T~w.Y~aa ~3E,.' S,; ve~ e~A'd'~r"Y' ikd aEa ~d'".d1G1tJ'f!~ ~ z
' ~ ~ V
District Health office - lb°Iaui -Herbert Matsubayashi, Chief Sanitarian
Dastriet Health (Mice -Kauai -Clyde Takekusna, Chief Sanitarian
District Hea?th CJffice - lLona -Pau] C3kuna, Supervising Sanitarian
_ Distrie~t Health t~ffire -Hilo -Aaron 1Jeno. ~'~.aef Sanitarian =
Oahu Neighborhood Board _ _ ~ -
City $ County of Honolulu, Department off Ptanning Ar Permitting
~ ~~~~abz?~a>! 2~ `~r,y ~ ~~~,~ea ~~lic ~.atnce ~ @daraavste ,~°zlOpli~akion, Tale~e ch~a~~; ssa:u~ ~o~o
~ ~ ~i~^ca,ynarFrzl ~o e~k~d#Kwl°i #ba~ var~aasr:e ~pplat=~ati~3~.
~ ~ l~~c~»€~r~rl Aa> var?ance aTAplaca~ soaa.
_ , 4
5~3 s' 6€' ~n 7~Q ~ tiY7 '>?]rA§'a: r ur dlti lP J.aL~~ t?M'~R~'PA rP~~fl~11'Yn'SSla,l' d4l lK N'CTS11~'r" ' Ih~? 7~~ pi~iV ~'.~`?3°; x°ey ~fld~'3P-YID `.,~ye?yle°.
_ _ _ rr _
ns~dd: 9.' ~..,.~~'%i'AT-i~ Q:.,i p~.,e.,~,.~?y.~t','. ,~d r~'F: ~~Z3 d~U. J~ '.,tan-n'e`i .il1A9=~yf~iD~uri. k?~tix FHe.1 ~P~. -t Ck i4y.tYN'a~
~ r 1 9:.3t t~ ,.)i i'.ai r t~ ..;:.Y ~ua~ 9 1' 7.4+`k it i ,l„~ '~'?~gE is ~ ~'~l:
prya.
i ;ct {"o~ +~x,. , ;3\~', i C._;r.4' AEI ~'e"~. Ft ~Y~ tr ~t~rY C~34 ~r a_~n~?? ~ t2. iae M~z 4t9. + ! '~'I~
~ J g ~ ~a ups ~ ~ , ~ 4c:
~ ~ ) w? ~.:,'<a~ 7aa +5i Qi~''si f `~~Idi~?T:. ~aTCR lxi 'i~"q:,
Lt i~_.~~i3- ,.".!ilti ,.7d i~%•id. ,1:_5l~r_{'y 33JJ~~11~ lyya}`ry, ,±~'~~v-7_~{~'.E: UM ~,..,1',(d°~AV~2y~rq ~t,-7jl '-7,n°1~,, nrd:-a•~ ~ 1;b;;uY'r~,
nK IY~i TAI .;,i'; .l ~(iV i.i7~~ 3i1., f-~
iaq Fn -1i")h ~•R' 'll1 r:~~+ iDi;' q
he:anr' \(J t./C~y `a~td V°.~°t7 ai~ ~71'k' gr1~iF `43/ ~C.',~K v:t'~'"$,'KJY, a.
_-..~,.~-7, ; ~~17~ra/Y / ~ 1 anuaa rra+,+,:, ~l~~.r~nc °as ar{'P:/2PJl'~, 'CJ's' :rn~ ns