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Home My WebLink AboutCOM 0440.000 2004-2006 << pfl...G Sg A„- LINDA LINGLE ] CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~l, DIRECTOR OF HEALTH t /J ~Ce~..,,_ Re ~a.aa:nua~`+~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, please refer to: HONOLULU, HAWAII 96001-3370 File August 22, 2005 W W 7 93 Daft Dec CL D:C2 WB050754 Mr. Stephen J. Herbert Civil Engineer , 74-5606 Pawai Place, #203 - - Kailua-Kona, Hawaii 96740 - Dear Mr. Herbert: Subject: Variance Application No. WW 193 Docket No. OS-VWW-27 Central Kona Center II 81-970 Halekii Street, Kealakekua, Hawaii TMK: (3) 8-1-003: 062 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 974-4000, ext. 64294, fax (808)586-4300 no later than the close of business on Friday, September 2, 2005. 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. ARIZUMI; P.E., CHIEF Envirorunental Management Division LNKM:erm Enclosures: Draft Decisio? and Order Draft Findings of Fact and Conclusions of Law c Clean Water Branch Envirotunental Planning Office Safe Drinking Water Branch Department of Water Supply -County of Hawaii Comm. Na.~~,~ District Health Office -Kona Ref. To: _ astewater Branch -Kona Staff Engineer ~ L`ote ~FP ~..q~~E _ _ -Iawaii County Council ENId.A. STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-27 Variance Application No. WW 193 ) for Individual Wastewater System ) Use of Septic Systems and Conversion of ) ~~~~k ~',SIfT~#~~!`i~~,"~ ~ - } Existing Cesspools into Seepage Pits ) Serving Multiple Single Dwellings ) Central Kona Center II ) 81-970 Halekii SCreet ) Kealakekua, Hawaii ) TMK: (3) 8-1-003: 062 ) 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 11-62-31.1(a)(1)(D) 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. The septic tank shall be enlarged to accommodate the four (4) dwelling units connected to the IWS. 4. The existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch or if used as seepage pits, properly permitted by the Underground Injection Control Program of the safe Drinking Water Branch. 5. The applicant shall provide water usage records to the Department as a means of establishing wastewater flows. Records shall be for a period of time not less than two (2) years. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, DtafE tur~:I~1fJ~I" tti[tr~d: Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF DEPARTMENT OF HEALTH ili the rviai~el" of the Appiicatioii ) Docket ivo. OS- V w'W -27 Variance Application No. WW 193 ) for Individual Wastewater System ) Use of Septic Systems and Conversion of ) D ~ ~ ~ ~ - Existing Cesspools into Seepage Pits ) Serving Multiple Single Dwellings ) Central Kona Center II ) 81-970 Halekii Street ) Kealakekua, Hawaii ) TMK: (3) 8-1-003: 062 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Central Kona II, which is located at 81-970 Halekii Street, Kealakekua, Hawaii and identified as TMK: (3) 8-1-003: 062 for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(D) was reviewed by the Department of Health staff. A public notice of the application was printed in the July 4, 2005 issue of the Honolulu Star Bulletin and July 5, 2005 issue of the West Hawaii Today publications. Four (4) comments pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The individual authorized to act for the applicant, Mr. Stephen J. Herbert, Civil Engineer, has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-3L1(a)(1)(D) which states "The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two." The applicant states the subject property has a building complex consisting of 3-1 bedroom dwellings, and 1 office (upstairs), classrooms used by the University of Hawaii downstairs and storage areas at the bottom level. Each dwelling has been physically inspected, and each has a full kitchen (range, refrigerator, and kitchen sink) which classifies it as a dwelling. The total projected wastewater flow for residential units, classrooms, and storage area is 995 gallons per day. Central Kona II Variance Appliceuon W W 193, Dncket No. OS-V W W-27, Findings of Fact and Conclusions of Caw, Page 1 The applicant has made the following statements. 1. The area of the lot is 30,000 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area. 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 995 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 20+ 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 proposed design of septic systems and conversion of existing cesspools as seepage pits for the septic effluent should greatly improve the wastewater operation and disposal at the subject property. Furthermore, effluent filters will be included on each septic tank for the purpose of monitoring septic tank operation and effluent clarity. 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. 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 envirorunent will be minimized compazed to the current wastewater disposal. 9. 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. Central Kona II Vanance Application W W 193, Dceke[ No. OS-V W W-27, Findings of Fact and Conclusions of Law, Page 2 10. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 11. The variance is requested for the maximum of five (5) years. The following agencies submitted the following comments: 1. The Clean Water Branch recommends to grant this variance application. 2. The Safe Drinking Water Branch submitted the following comments: A. The site is located above the Underground Injection Control (UIC) line. There are no program-recorded drinking water wells within 1/4 mile of the facility. However, the Haleki'i drinking water well is located approximately 1800 feet up-gradient from the subject property; B. According to our records, the facility does not have a UIC permit; and C. The projected wastewater flow of 995 gallons per day (gpd) is very close to the UIC regulatory threshold over which facilities would be required to obtain a LTIC permit. We recommend that the variance to use the cesspools as seepage pits be denied until the applicant demonstrates through historical water consumption records that the facility's wastewater discharge is consistently less than 1000 gpd. Please contact Norris Uehara at 586-4258. 3. The District Health Office -Hilo recommends to grant this variance application. 4. The Wastewater Branch submitted the following comments: A. 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. B. Each septic tank shall be fitted with an effluent filter(s). C. If the existing cesspools are abandoned as part of the new wastewater plan, then abandonment shall follow the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. D. The project shall connect to the County sewer service system should it become available to the area. Lenhal Kona II Variance Application W W 193, Docket No- OS-V W W-27, Finding of Pact and Conelusfons of Law, Page 3 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 cleazly 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: 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. The septic tank shall be enlarged to accommodate the multiple (greater than two) dwelling units connected to the IWS. 4. The existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch or if used as seepage pits, properly permitted by the Underground Injection Control Program of the safe Drinking Water Branch. 5. The applicant shall provide water usage records to the Department as a means of establishing wastewater flows. Records shall be for a period of time not less than two (2) years. Central Kona ? Variance Application W W 193, Dceket No. OS-V W W-27, Findings of Fact and Conclusions of law, Page 4 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Drab 1~~i'esl Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Central Kona Il Variance Application W W 193, Docket No. OS-V W W-27, Findings of Fact and Conclusions of Law, Page 5 I'Tran~mxtt~]~at~ ~'~~9,E~~~'-'`~~ ~~s eY~el,~t~. c`~~_ oC~I~i~° j 4 - ~ ~1U~~t~~ra~t~~ ~rasa~~ ~ar~~n~~ .~4pp]aGata®n TQoe ~~~"~+I~~ Docker A~e~, - o®~d/~' ~ ~~xa~% °Ti ~~',y ~ ~ °~.~i,~"~ ]rte ~ ---J ~ --1 ro - P ~ _ ~~"LF, ,l~iH.+~ 11t~At = ~ `~~3Y4anYa° ~~p~°?d±-ct t3d3p?------- -°---.-'_-_----1 - -=---4 ° - - - ::e a~rra~ t L°acasion stover a:ert~:r, recision sr° :artier and Findi.~zys of a°az;i ~LOnciusiox,s of I;aw Final De• ision Cover Letter. Signed Decision ~ Order and Findangs of Faet ~ Conclusions ~z£ Law - ~CJ3~~'I'O: _ Director of Health - Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy. Ben Ro_ bens Clean Water Branch -Denis Lau Environmental Plannin Office -June Harri an Lum Safe Drinkin Water Branch -William Won Sanitation Branch -Commercial Pro ernes Only! Wastewater Branch Nei hbor Island Staff - ' <(7 Yl~ - ~v1 ~-U (lr7J [~l"~'C fit;{ • [ ]Board of Water Supply -Clifford Jamille i ; Cs:v~aty oif I-lawsii Dept of Water Supply - ~'dilto~:. f'avao rc ~i ~P.A;iY;~~ qY9 ~~ra dd~l~~ d.Y~r ~n_~'YeP ~b~fld4g~A5~ Ls~a ~~d'~e w. M, °fa9f~`.~i,~, ~ ~ v ...:.i .i .a ~h'3 'I y.`r't]r;c s r, .r:. !'~6,a tom'., ~1 ~~,~:a7 ~~f (ri n,~':. [ ] Da""strict Health Office -Maui -Herbert Matsubayaslu, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian [ m District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Neighborhood Board # City PR County of Honolulu, Department of Plannin ~ Permitting County of '(-]'Q(iJQ 1 i Council r f3C:T10N RF'Q'iIESTED: _ _ _ _ _ _ _ _ _ fi~eyardany the k;oYyer Letter, Publfic Notice ~ V"ariance Application, please clock one b®~. [ ] ~.'eGO%raimend to GF2A?V`I' this variance application. 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