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Home My WebLink AboutCOM 0403.000 2004-2006 6 ~ ~ M ~t'~"1BSp ~ 7' LINDA LINGLE t~ . ~ CHIVOME LEINAALA FUKINQ M.D. GOVERNOR OF HAWAII ~1 r DIRECTOR OF HEALTH @n~ iqi,. +~p &.,a.ma_gac5 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 0'^.> File: c==~ _ r_ . June 29, 2005 W W ,1,7Q Draft Dec CL t]~_ 1 WB050582 Ms. Gail Tsuboi Corporate Counsel Costco Wholesale Corporation ,ti 999 Lake Drive Issaquah, Washington 98027 - Dear Ms. Tsuboi: Subject: Variance Application No. WW 179 Docket No. OS-VWW-13 Sanitary Lines & Combined Lines to be Treated by Oversized Septic Systems for the Costco -Wholesale Corporation 73-5600 Maiau Street Kailua-Kona, Hawaii 96740 TMK: (3) 7-3-051: 001 Please find enclosed a draft of the Decision and Order regarding the above mentioned application for variance request. We are also enclosing for your information the findings of Fact and Conclusions of Law. If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater Branch at (808)586-4294, fax (808)586-4300, or if calling from Hawaii at direct toll free no. 974-4000, extension 64294, later than the close of business on Friday, AUG - 5 ~5 . If we do not hear from you by the above date, the draft will be finalized. If you wish to discuss our decision and add any additional information, please call our office before the above date. Sincerely, THOMAS E. ARIZLTMI, P.~, CHIEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Comm. NO. 03 Department of Water Supply -County of Hawaii Ref, Tdt Dlsn'ct Health Office -Hilo W tewater Branch -Kona Staff Engineer ~Q~.~: L~gtB awaii County Council R'i' Engineers, Inc. STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-V WW-13 Variance Application No. WW 179 ) for Individual Wastewater System ) Sanitary Lines & Combined Lines to be ) D~ ~S;~C,1rNA~'I.TRE ~lQ'i'REQUIRED Treated by Oversized Septic Systems ) for the Costco -Wholesale Corporation ) 73-5600 Maiau Street ) Kailua-Kona, Hawaii 96740 ) TMK: (3) 7-3-051: 001 ) DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter Ei2 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 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. All Food wastes from commercial kitchens, bakery, and meat cutting operations shall be pretreated following applicable county codes before it enters the proposed septic system. 4. A monitoring and sampling program for determining the characteristics of the non- domestictype wastewater septic tank influent shall be conducted. At the minimum, the influent shall be composite-sampled and monitored for the following parameters: a) BODs; b) Suspended Solids; c) Fats, Oils and Grease. 5. The existing seepage pits (if applicable) shall be properly registered/permitted by the Department's Underground Injection Well Program. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft 5igiatitre Nt~T required. Thomas E. Arizumi, P.E. . Chief, Environmental Management Division STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-13 Variance Application No. WW 179 ) for Individual Wastewater System ) Sanita Lines & Combined Lines to be ) ~RAEs~i~; ~ ~ ~ Treated by Oversized Septic Systems ) for the Costco -Wholesale Corporation ) 73-5600 Maiau Street ) Kailua-Kona, Hawaii 96740 ) TMK: (3) 7-3-051: 001 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the designated agent, Ms. Gail Tsuboi, corporate counsel for Costco Wholesale Corporation located at 999 Lake Drive, Issaquah, W.A 98027 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 May 6, 2004 and May 9, 2005 issues of the Honolulu Star Bulletin and West Hawaii Today publications. Five (5) Department of Health agency comments and no public comment pertaining i~o the application were received during the 30 days following the publication of the public notice. FindinQS of Fact The applicant, Ms. Gail Tsuboi, corporate counsel for Costco -Wholesale Corporation located at 999 Lake Drive, Issaquah, WA 98027, has applied fir a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 pertaining to the definition of an individual wastewater system. The applicant has stated the sanitary lines and the combined line are proposed to be treated with oversized septic systems using two compartment tanks and effluent filters, which will discharge into existing horizontal seepage pits. The new tanks will be located to allow current operations to continue during construction. The location of the Costco - Wholesale store is 73-5600 Maiau Street, Kailua-Kona, Hawaii., TMK: (3) 7-3-051: 001. The applicant has made the following statements. 1. The 156,152 sf store is located on a 16.1 acre parcel. There are three (3) sanitary lines, one (1) food processing line, and one (1) combined line exiting the Costco Kona Variance Appllwtion W W 179, Dockei No. 05-VWW-13, Findings or Fact and Conclusions of Law, Vage I building. Each of the five (5) lines has a sepazate horizontal seepage pit, Water consumption since February 1, 2005 has been metered at two places and divided into front and rear zones. 2. The front zone is averaging approximately 4,885 gpd and includes both men's and women's public restroom facilities on two separate lines exiting the building, plus the combined line serving the deli and tire center employee restroom. The deli repackages food mainly for consumption at the store on paper & plastic service. There are no cooking operations, no extensive water use nor food nor cooking wastes. Water use and FOG production are minimal. An 1,800 gallon grease trap intercepCs the deli waste before joining the tire center employee restroom waste. It is highly unlikely that the deli generates more than a few hundred gallons per day. The tire center employee restroom serves 5 employees at most. It is unlikely to generate more than a hundred gallons per day. Therefore the public restroom facilities in the front zone of the store aze estimated to be using approximately 4,385 gpd and the combined line is estimated at 500 gpd For sizing and design of the wastewater treatment upgrades. 3, The reaz zone is averaging approximately 2,7Ei1 gpd of metered flow and includes a sanitary line For the delivery area employee restrooms (mens' & women's), and a food processing line for the butcher/bakery ;chops. The restroom facilities are estimated to be generating 400 gpd based on approximately 30 employees generally in the delivery, storage, stocking, butcher, and bakery areas and the balance of the flow or 2,361 gpd is being generated by the butcher and bakery areas. A 900 gallon grease trap serves the butcher/taakery line. 4. The sanitary lines and the combined line are proposed to be treated with oversized septic systems using two compartment tanks and effluent filters, which will all discharge to the existing horizontal seepage pits. The new tanks will be located to allow current operations to continue during construction. A wastewater design package is being forwarded to the State Department of Health for review. 5. The butcher/bakery line is still being analyzed for further treatment consideration. Wastewater design plans will be submitted to the Department of Health within a few weeks. 6. 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 5,500 gallons per day. 7. 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. 8. 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. Costco Kona Variance Application W W 179, Docket No. OS-V W W-13, Pondings of Fact and Conclusions of Law, Page 2 9. 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 enviromnent. 10. The existing LCC will be upgraded to an IWS (septic system). The IWS 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. 11. The variance is requested for the maximum of five (5) years. The following Department ofHealth agencies submitted the following comments: A. The Clean Water $ranch submitted the following comment: 1. Recommend to grant this variance application. B. The Environmental Planning Office submitted the following comment: 1. No comment at this time but recommends to grant this variance application. C. The Safe Drinking Water Branch submitted the following comments: 1. The project site is situated makai or below the Underground Injection Control (UIC) line. Land areas below the UIC line, in general, overlie aquifers that are not an underground source of drinking water for injection well regulatory purposes; 2. There are no program-recorded drinking water wells within a quarter mile of the subject property; 3. The horizontal seepage pits may by subject to the UIC permit if the seepage pits meet the definition of an injection well. The as-built details of the horizontal seepage pits should be submitted to the UIC program for injection well evaluation; 4. The public notice indicates that the estimated flow amount is 5,500 gallons per day. An oversized septic system may not provide adequate wastewater treatment; and S. We do not recommend this variance. A treatment system, such as an aerobic treatment system that provides adequate wastewater treatment should be utilized instead. Costco Kona Variance Application W W 179, Dceket No. OS-V W W-13, Findings of (=act and Conclusions of Law, Page 3 Please contact Jaime Rimando 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 air 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. The project shall connect to the County sewer service system should it become available to the area. E. The District Health Office -Kona submitted the following comments; 1. Recommend to grant this variance application. Conclusions of Law Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no variance shall be granted by the Deparhnent 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 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: Costco Kona Vanance Application W W 179, Dceket No. OS-V W W-13, Findings of Fac[ and Conclusions of Law, Page 4 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. All food wastes from commercial kitchens, bakery, and meat cutting operations shall be pretreated following applicable county codes before it enters the proposed septic system. 4. A monitoring and sampling program for determining the characteristics of the non-domestic type wastewater septic tank influent shall be conducted. At the minimum, the influent shall be composite-sampled and monitored' for the following parameters: a) BODS; b) Suspended Solids; c) Fats, Oils and Grease. 5. The existing seepage pits (if applicable) shall be properly registered/permitted by the Department's Underground Injection Well Program. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft ~f~eT•1fQ'C~xetliirei Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Cosmo Kona Variance ApP~~calinn W W 179, Docket No. OS-V W W-13, Findings o(Fact and Conclusions o(Iaw, Page 5 ,gk~,~tNS'kG+~lpa'>. t,s~~L2r:~....:.q.~ ,is!"~^-"-~'~`1~+ _~'W"~!P~~'6??»-,y~ s~sw,Lk~Nw~- 'I~ansmittal Date: L e lAate: Wastewater Branch - Var nce A lication No. I~eai;ket No, - - Name/Title SUBJECT: Cover Letter, Public Notice 8r Variance A lication Draft Decision Cover Letter, Decision 8r Order and a of ct BrConclusions of La Final Decision Cover Leiter, Si ed Decision ~ Or and F " s of Fact CcttuclusicugW of Law ROUTS TO: Director of Health -Chi ome Leinaala Fukirw De y Director for Environmental Health Adminilitration - urence Lau Chief, EMD -Thomas $w Arisumi Attorne General's Office, AG Mark Bennet De Mark MIIGpnneL Sen Roberts Clean Water Branch - enis Lau Environmental Plane' Office -June Harri Lum Safe Drinkin Water Branch -William W Sanitation Branch - Commercial ~ Onl ! Wastewater Branch N ' Island Staff - Board of Water Suppl~g -Clifford Jamille County of Hawaii Dept of Water Supply -Milton PsvaO County of Maui Dept of Water Supply - George Y.'liengan Kauai County De artnaent of Water Ernest Y.W. TAu District Health Office ~ Maui -Herbert Matsuliay~Chief S~itarian District Health Office -Kauai -Clyde Takekutna, Sardt#Ri~u~ District Health Office -Kona -Paul Okuna, Supervi~finq Sanitarian District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Nei hborhood Board • City Fs County of Honolulu, De artment of Plane' ' 8r P 1~G1 i I n Gi ACTION REQUESTED: Regarding the Cover Letter, Public Notice 8r Variance Applic:atior~, please check one box: [ J Recommend to GRANT this variance applicatitrn. [ ]Recommend to DSNY this variance application. Please feel free to submit comments when r this r sli to the address ]istRd below. Regarding the D Decision, please feel free to iivrite corla~tions/commments on flue attached documents and/or submit formal comments in writin to ess listed below. Regarding the FINAL NED Decision, the attached is for ' , . information file. Please file or discard at your discretion. Thank you. Please feel free to submit comments to: Mr. Harold Yee, Chief, Wastewater Branch, 919 Ala Moans Blvd. Room 309, Honolulu, Hawaii 96814-4920 or phone (808'):586-4294 fax (80$) 586-4300. Received by W WB variance route allpkoc u of 2/10/2009 vwW