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LINDA LINGLE J CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BO% 3378 In reply, please refer to'.
HONOLULU, HAWAII96801-3378 File:
July 26, 2005
WW 171A Final Dec CL
D:CI w6050620
CERTIFIED MAIL 7002 3150 0001 6551 0248
RETURN RECEIPT REQUESTED
Mr. Garrett Leong
Brown & Caldwell ,-1
119 Merchant Street, Suite 200
Honolulu, Hawaii 96813
Dear Mr. Leong:
Subject: Variance Application No. WW 171A - '
Docket No. OS-VWW-OSA
Transcontinental Development Company /Waikoloa Development Company
Use of Large Septic Tank at Waikoloa Golf Course Grounds Maintenance Building
150 Waikoloa Beach Drive, Waikoloa, Hawaii
TMK: (3) 6-9-008: 011
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
request for variance which was GRANTED on I ll l 9 7 2005 We aze 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 from the Big Island at our toll free number 974-4000, ext. 64294.
Sincerely,
THOMAS E. ARI7UMICHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c Clean Water Branch
District Health Office -Hilo
Environmental Planning Office
Safe Drinking Water Branch
Department of Water -County of Hawaii ~ r~
,Hawaii Comity Council Corgrot. No.
Wastewater Branch -Hilo Staff Engineer ~~f. T~{
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STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter ofthe Application ) Docket No. OS-VWW-OSA
Variance Application No. WW 171A )
for Individual Wastewater System )
Transcontinental Development Company / )
Waikoloa Development Company )
Use of Large Septic Tank at Waikoloa )
Golf Course Grounds Maintenance Building )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii )
TMK: (3) 6-9-008: 011 )
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 is hereby GRANTED with the following provisions:
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 seepage pit(s) used for septic tank effluent disposal shall be
registered/permitted by the Department's Underground Injection Control
Program.
4. The project shall connect to the Waikoloa wastewater sewer system when it
become available to the area.
.L
DATED: Honolulu, Hawaii,
7
Thomas E. Arizumi, P. .
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-V WW-OSA
Variance Application No. WW 171A )
for Individual Wastewater System )
Transcontinental Development Company / )
Waikoloa Development Company )
Use of Large Septic Tank at Waikoloa Golf )
Course Grounds Maintenance Building )
150 Waikoloa Beach Drive )
Waikoloa, Hawaii )
TMK: (3) 6-9-008: 011 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Brown & Caldwell representing 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 Staz 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.
Findines of Fact
The applicant, Transcontinental Development Company /Waikoloa Company
located at 150 Waikoloa Beach Drive, Waikoloa, Hawaii, has applied for afive-
year variance for their Grounds Maintenance Building from the Hawaii
Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an
individual wastewater system. Transcontinental Development Company /
Waikoloa Company is requesting the variance from Section 11-62-03, as their
projected wastewater exceeds the 1,000 gallons per day limitation of an
Individual Wastewater System (IWS). The applicant is requesting the use of a
large septic tank. The septic system would receive 1,500 gpd from the Grounds
Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. 05-V W W-0SA,
Findings of Fact and Conclusions of law, Page 1
(Golf) Maintenance building at the Waikoloa Golf Course located at 150
Waikoloa Beach Drive, Waikoloa, Hawaii, and identified as TMK: (3) 6-9-008:
011.
The applicant has made the following comments.
1. Requested variance is for HAR, Section I 1-62-03: The projected flow
exceeds 1,000 gallons per day. The projected maximum flow is estimated
at 1,500 gallons per day.
2. 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.
3. 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.
4. 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 minimize
impact to the environment.
5. The LCC serving the facility has been in operation for 25 yeazs. 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.
6. 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
Department of Health standards. The impact to the environment will be
minimized compared to the current wastewater 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.
8. The variance is requested for the maximum of five (5) years.
The following Department of Health agencies submitted the following comments:
Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. OS-V W W-0SA,
Findings of Fact and Conclusions of law, Page 2
A. The Clean Water Branch recommends to deny this variance application
stating that sewer connection should be made.
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.
2. Because the proposed improvement is being driven by the federal
ban on large-capacity cesspools, 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 Uehara at telephone (808)586-4258 if you have any
questions.
C. The Wastewater Branch submitted the following comments:
1. Plans for each PJJS 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 project shall connect to the Waikoloa sewer system when it
become available to the area.
D. One public comment was received from Mr. David Kimo Frankel of
Volcano, Hawaii. Mr. Frankel states:
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 Today) 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
Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. OS-V W W-0SA,
Findings of Facl and Conclusions of Law, Page 3
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 Club, 427 D.S. 390 (1976)
When 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 firnction 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-6;
(2) The discharge occumng 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, may prescribe; provided that any determination of public
interest shall promote the optimum balance between economic
development and enviromnental quality.
It is hard forme to understand how variances from the public's
Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docket No. OS-V W W-OSA,
Findings of Fact and Conclusions of Law, Page 4
wastewater roles are in the public interest; or how the discharge of
wastewater into an individual septic 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 is not 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 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.
3. Compliance with the rules, regulations or standards from which the
variance is sought would produce serious hazdship without equal or
greater benefits to the public.
Waikoloa Grounds Maintenance -Variance Application WW 171 A, Docke[ No. OS-VWW-0SA,
Findings of Fact and Conclusions of law, Page 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 seepage pit(s) used for septic tank effluent disposal shall be
registered/permitted by the Department's Underground Injection Control
Program.
4. The project shall connect to the Waikoloa wastewater sewer system when
it become available to the area.
l 2 2 200
DATED: Honolulu, Hawaii,
Thomas E. Arizumi, P.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Waikoloa Grounds Maintenance -Variance Application W W 171 A, Docke[ No. OS-V W W-OSA,
Findings of Fact and Conclusions of Law, Page 6
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Transmittal Date:
Sub'ect:
VarianceApplicationWW (~rr~ Djoc]kept~N)umber ~5" Vw
NamelTitle w~ ~ ~ W Q 'r-' `-"r '
"SIGNED FINAL Decillion & Order and Findings of Fact and Conclusions of Law "
Routed to•
Director of Health, Cbryome L. Fukino
Deputy Director for Environmental Health AdministrLtion, Laurence K. Lau
Environmental Management Division, Thomas E. Arizumi, Chief
Attorney General's OiTice, Mark Bennet, Dep. Mark McConnel or Dep. Ben Roberts
Clean Water Branch, Denis Lau, Branch Chief -
District Health Office L-C~ Attn:
Environmental Planning Office, June Harrigan - Lum, Program Manager
Safe Drinking Water branch, William Wong, Branch Chief
Sanitation Branch, Brjan Choy, Branch Chief
Water: ~ ~0 •
Neighbi~rhood Boatd #
Other: ( ttri
Other: ttn:
Other: ,Attn:
Other: ,Attn:
Pu ose•
THE A'T'TACHED IS FOR YOUR INFORMATION
PLEASE 1rII,E OR DISCARD AT YOUR DISCRETION
Should you have questions, please contact the Wastewater Branch's Planning 8t Design
Section, Lori Kajiwara at telephone number on Oahu at (8®8)586-4294.
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