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Home My WebLink AboutCOM 0399.000 2004-2006 4~tj Gbh 9? ~ 7 w LINDA LINGLE , ~ ` CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII kECEIV'tD DIRECTOR Of HEALTH nn TT j~~..~..... DO30-~._ 2L/1 STATE OF HAWAII County Council DEPARTMENT OF HEALTH P.O. BO% 3376 In rapt' please refer to: HONOLULU, HAWAII 96801-3378 file: July 28, 2005 D: W W 186 PN CL.wpd CI w6050678 Mr. Peter J. Dahlberg 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 Dear Mr. Dahlberg: Subject: Variance Application No. WW 186 Docket No. OS-VWW-20 The Use of a New 3000 Gallon Septic Tank for Royal Kona Coffee Company Visitor Center 83-5443 Mamalahoa Highway, Captain Cook, Hawaii TMK: (3) 8-3-010: 015 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 West Hawaii Today one (1) time only. Please coirtact the follow agencies for assistance in the publishing of the public notice: Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven W'a[erfront Plaza, Suite S00 Honolulu, Hawaii 968]3 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826 email ashle~(a)starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745 telephone (808)329-9311, fax (808)329-3659 email Mogan@westhawaiitoday.com Comm. No. Ref. To: Re~, tote LL~.G ice= Mr. Peter Dahlberg July 28, 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 (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 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 $200.00. We have not been able to locate your check #1256 for $300.00. We recommend you cancel check #1256 and submit a new check for $100 which is the remaining balance of the vartance application fee. If you have any questions regazding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at direct toll free no. 274-4000, ext. 64294, fax (808)586-4300. Sincerely, THOMAS E. ARIZUMI, Chief, Environmental Management Division Enclosures: Receipt No. 13817 and Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii District Health Office -Hilo awaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 186 DOCKET NO. OS - V W W - 20 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Deparhnent of Health (DOH) seeks written comments from interested persons regarding the following. Duesenberg Investment Co (c/o Pazadise Beverages) of 94-1450 Moaniani Street, Waipahu, Oahu, Hawaii, has applied for a five (5) yeaz variance from Hawaii Administrative Rules (HAR) Section 11-62-03 Definitions which 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 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 sepazate from any other wastewater system." and Section 11-62-31.1(a)(2)(A) which states "Developments involving buildings other than dwellings, the wastewater flow generated shall not exceed 1000 gallons per day per 10,000 squaze feet of usable land area which shall not include the area under the buildings." Mr. Peter J.K. Dahlberg, P.E., is the individual authorized to act for the applicant. The applicant is requesting the use of a new 3000 gallon septic tank system designed in accordance with flows typical for a visitor center/retail business for Royal Kona Coffee Company, located at 83-5443 Mamalahoa Highway, Captain Cook, Hawaii ,and identified as TMK: (3) 8-3-010: 015. The existing cesspools serving the building has been found to be operating properly and will be converted to a seepage pit for septic effluent. The applicant has made the following comments. 1. The area of the lot is 189,445 squaze feet. 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 2650 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 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 4 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 current cesspool is operating properly. The addition of a new septic tank with effluent filter will improve effluent quality and comply with the EPA UIC regulation, and ban of Large Capacity Cesspools. 7. 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. 8. Prevent loss of jobs. The LCC serving my facility has been in operation for 4 years. 7'he 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. 9. 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 standazds. The impact to the environment will be minimized compazed to the current wastewater disposal. 10. 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. 1 I. The variance is requested for the maximum of five (5) years. If you would like to review the full application, 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. 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 sepazate 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. FiJKINO, M.D. Director of Health State of Hawaii Wastewat anch Department of Health Application No W W Environmental Management Division Docket No.~ - V W W - APPLICATION FOR VARIANCE -Primarily Concernine Large Capacity Cessaools 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 $200.00 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 aze allowed, but preferred in 8 ''/z" x 11" format (for copying purposes). I. GENERAL INFORMATION (please print or type) A. Name: Duesenberg Investment Co (c/o Paradise Beverages) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: 94-1450 Moaniani St Waipahu HI 96797 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool -LCC) Non-Residential LCC f° Retail Business Visitor Center l" Church Simplified Fonn: Application jor HAR Chapder 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 1 Prepared for ROYAL KONA VISITOR CENTER by Peter J.K. Dahlberg, P.E., LLC 4/29/2005 ~ School I` Golfcourse clubhouse / restroom ~ Restaurant /Food Establishment l- Hotel 1' Other (please specify): 1•' Residential LCC ~ Muhiple dwelling l- Community system Regional system T Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 8 - 3 - 10 15 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 83-5443 Mamalahoa Hwy (number) (street) Captain Cook HI 96704 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Peter J.K. Dahlberg Title: P.E. 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 dahlberg(a~hawaii.rr.com Simplified Form: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/ 16/2004 Page z Prepared for ROYAL KONA VISITOR CENTER by Peer 1.K. Dahlberg, P.E., LLC 4/292005 C. Identify the specific section(s) of Chapter 1 l -62 which the variance is requested. Check all applicable sections. Section I1-62-03 De rnitions 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 aerobic units with disposal systems and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (Jany), and disposal components separate from any other wastewater system" r Section /I-62-31.1 (a) (I) (A) "For residential developments. There shall be /0, 000 square feet of land area for each individual wastewater system. " ~ Section /1-62-31.1 (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 6efare the efj-ective date ofthis rule. For lots less than 10, 000 square feet which were created and recorded before the effective date ofthis rule, only one individual wastewater system shall be allowed. " ~ Section 11-62-31.1(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 [and area which shall not include the area under buildings. " ~ Section 11-62-37.1 (a) (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 1 S, 000 gallons per day. " ~ Section 11-h2-3l.I (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 ofthis rule. For lots less than 10, 000 square feet which were created and recorded before the effective date ofthis rule, only one individual wastewater system shall be allowed " ~ Section I1-62- Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 3 Prepared for ROYAL KONA VISITOR CENTER by Peter J.K. Dahlberg, P.E., LLC 429/2005 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 11-62-31.1 (a) (2) (C): The total area of the subject lot is 8,500 ftZ. 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 Subject property is a Visitor Center. The property receives flows in excess of 1000 GPD'. A new 3000 gallon Septic Tank has been designed in accordance with design calculations given for a average to high flow typical 24 hour period. The existing cesspool has been found to be operating properly and is to be converted to a seepage pit for septic effluent. 'Requested Variance is for HAR Section 11-62-31.1 (a) (2) (A) ,and Section 11-62-03 -Definitions 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 appropriate ~ The area of the lot is 189,445 square feet. This is insufficient to meet the minimum land azea requirements for IWS utilization which is one IWS per 10,000 ftz of lot area ~ The lazge 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 2650 gallons per day. Simplified Form: Application jor HAR Chapter 11-tit Variance (Large Capacity Cesspool) 9/ 16/2004 Page ~ Prepared for ROYAL KONA VISITOR CENTER by Peer J.K. Dahlberg, P.E., LLC 4/29/2005 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. I? The existing lazge 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. ~ 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 4 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: Current cesspool is operating properly. The addition of a new septic tank with effluent filter will improve effluent quality and comply with the EPA UIC regulation, and ban of Large Capacity Cesspools. 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 for review and approval. The new IWS will provide a better wastewater treatment system compazed to the existing LCC. Therefore minimizes impact to the environment. Simplified Fornt: Application for HAR Chapter 11-62 variance (Large Capacity Cesspool) 9/16/2004 Fage 5 Prepared for ROYAL KONA VISITOR CENTER by Peter J.K. Dahlberg, P.E., LLC 4292005 ~ Prevent loss of jobs. The LCC serving my facility has been in operation for a yeazs. 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 vaziance 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. 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: ApplicationJor HAR Chapter 11-62 ~arrance (Large Capacity Cesspool) 9/16/2004 Page 6 Prepared for ROYAL KONA VISITOR CENTER by Peter J.K. Dahlberg, P.E., LLC 4Y292005 (3) Compliance with the rules or standazds from which the vaziance is sought would produce serious hardship without equal or greater benefits to the public. ~ The residents of the are essentially economically depressed. ~ 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 vaziance for a period exceeding five yeazs (if additional space is required, please include the information on a sepazate attachment and label ("Attachment E-1"). Check applicable amount of time requested. ~ 5 years 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 for HAR Chapter I1-62 Variance (Large Capacity Cesspool) 9/16/2004 Page ~ Prepared for ROYAL KONA V[SITOR CENTER by Peter J.K. Dahlberg, P.E., LLC 4R9R005 III. CERTIFICATION: (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 m~y(k~now~ledge and belief. Signature: a-.~n ~ 1 Date: (JI A'~ o S _ DO NOT WRITE BELOW - FrOR AGrE,,NCY USE ONLY IV. Date Application received: , ~ ~ 5 V. Application No.: W W ~1,~~/~/~~ 17 ~ VI. Docket No.: ~ S'~.yp V Y L.V VII. Received by• ~ ~V 1 VIII. Filing fee (69-.600) check date: Check IX. Department of Health Receipt X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter ! 1-62 Variance (Large Capacity Cesspool) 9/] 6/2004 Page 8 Prepared for ROYAL KONA VISITOR CENTER by Peter 1.K. Dahlberg, P.E., LLC 429/2005 fi" iP~ L"'u, t, a3 ima,§: .,a lY ~y.y-e Rar n~~o;a. i ar. x m u.. _ ` ~ , r ~v 7, a_, i _ ,h ~ F;. A