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HomeMy WebLinkAboutCOM 0447.001 2004-2006 G -26....x-.....N9 V9 %~\96G `~t; LINDA LINGLE ~ CNIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~I,. DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH-~~ P.O. BOX 3378 ~ In reply, please refer to: HONOLULU, HAWAII 96801-33~a File: c.._.,.....t.,._ t ~Cnc xpwiuuct r, w W W 196 Draft Dec CL D:C2 WB050798 Mr. Peter Dahlberg Civil Engineer 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 Dear Mr. Dahlberg: Subject Variance Application No. WW 196 Docket No. 05-VWW-30 Use of IWS for Restaurant /Food Establishment Atsugi Planned Management, Hawi - Niulii Road, Hawi, Hawaii TMK: (3) 5-5-009: 076 Please find enclosed a drift of the Decision and Order regarding the above mentioned application for variance. 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 our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300 no later than the close of business on Friday September 23, 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. Sincerel , ~~72eFL't' ~ ~i'~ =~-t THOMAS E. ARIZi.JMI; PCHIEF Environmental Management Division Enclosures. Draft Decision and Ordcr Draft Findings of F ac[ and Conclusions of Law 4 c' Clean Water Branch Hamm. I`lo. • Envtrortmental Planning Of£ice Wsfr ~TO: Safe Drinking Water Branch }1~~. [?nte ~FJ~ Q 2QQ5 Department of Water Supply -County of Hawaii DistrictHeal[h Office - Ililo W astewa[er Branch -Kona Staff Engineer ~Iawaii County Council I STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-30 Variance Application No. WW 196 ) for Individual Wastewater System(IWS) ) Use of IWS for Restaurant /Food ) DRAFT;- SIGNATURE NUT REQ71REI7 Establishment ) Atsugi Planned Management ) Hawi - Hiulii Road, Hawi, Hawaii ) TMK:(3) 5-5-009: 076 ) DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11, Hawaii Administrative Rules and based upon the application and staff review, the Variance Request from the provisions of Chapter I 1-62, Section 11-62-03 and 11-62-31.1(a)(2)(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. [f a soil absorption bed/leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 4. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 5. 'The project shall connect to the County sewer service system should it become available to the area. DATED; Honolulu, Hawaii, _ Draft =Signature NUT r~quired_ Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-30 Variance Application No. WW 196 ) for Individual Wastewater System (IWS) ) Use of IWS for Restaurant !Food ) DRAI:~T SIGZ•IA`~`C.!!L~ N'~T ~Q Establishment ) Atsugi Planned Management ) Hawi - Hiulii Road, Hawi, Hawaii ) TN1K: (3) 5-5-009: 076 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Atsugi Planned Management, for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(a)(2)(D) was reviewed by the Department of Health staff, and a public notice of the application was printed in the July l9, 2005 issue of the Honolulu Star Bulletin and the July 21, 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, Peter J.K. Dahlberg, Civil Engineer of 73-372Aloha Kona Drive, Kailua-Kona, Hawaii has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states "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 separate from any other wastewater system." and Section 11-62-31.1(a)(2)(D) which states "The total wastewater flow into each individual wastewater system shall not exceed 1,00 gallons per day"- The applicant is requesting a variance for HAR Section I 1-62-31.1(a)(2)(D), as the flow into proposed IWS exceeds 1000 gpd. The projected flow is 1800 gpd. The proposed treatment Atsugi Planned 67anagzmari -Variance Application W W I96, Docket No. 05-V W W30, Findings of Fact and Conclusions otlaw, Yage 1 unit is a 2000 Gallon Septic Tank with Effluent Filters. The project is arestaurant /food establishment located at Hawi - Niulii Road, Hawi, Hawaii, and identified as TMK: (3) 5-5-009: 076. The applicant has made the following statements. 1. Ti,c al ea ~i the tot is 2Q97i 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 1800 gallons per day. 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 40 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 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. Prevent loss of jobs. The LCC serving my facility has been in operation for 40+ 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. I (owner) may be forced to close my existing business and lay off my employees. 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 environment will be minimized compared to the current wastewater disposal. ALSUgi Planned Management -Variance Application W W 196, Docke[ No. OS-VW W30, Findings of Facl and Conclusions of Law, Page 2 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. i0. The variance is requested for the maximum of &ve j years. The following agencies submitted the following comments: ] . 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. B. The notice states, "The area of the lot is 20,971 square feet. This is insufficient to meet the minimum land area requirement for IWS utilization which is one IWS per 10,000 square fee to lot area." However, 20,971 square feet appears sufficient to meet the land area requirements for two (2) IWSs. If this misstatement is the primary basis for requesting this variance, we recommend that the variance be denied; C. The public notice is unclear as to the disposal component of the proposed septic systems. If the existing cesspool is to be retained as a seepage pit for the septic system, then we may have UIC regulatory concerns that may need to be addressed. Please inform us of the proposed septic system disposal component; and D. If the existing cesspool had received greater than 1000 gallons per day (GPD), then the cesspool (injection-well cesspool) should have been registered with a UIC permit. The continued operation of an injection- well cesspool as a seepage pit would require a UIC permit. The abandonment of an injection-well cesspool would require UIC program oversight. We recommend that the facility's consultant contact us to further discuss UIC compliance issues. Please contact Norris Uehara at 586-4258 if you have any questions. 2 The Clean Water Branch submitted the following comment: Recommend to grant this variance application. 3. The District Health Office -Hilo submitted the following comments: Alsugi Planned Management -Variance Application W W 196, Docket No. OS-V W W 30, Findings of Fact and Conclusions of ]aw, Pagz 3 Recommend 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 shah be approved in writing before being placed into service. B. Each septic tank shall be fitted with an effluent filter(s). C. If a soil absorption bed/leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program ofthe Safe Drinking Water Branch. D. The project shall connect to the County sewer service system should it become available to the area. E. All food waste wastewater shall be properly pretreated prior to entering the septic tank. Conclusions of Law Chapter 342D, Hawaii Revised Statutes, Section 342D-7©, states that no variance shall be granted by the Department unless the application and supporting information clearly show that: L "['he 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: Atsugi Planned Managzn~znt -Varianca Application W W 196, Uooket No. 05-VW W-30, findings of Facl and Conclusions oClaw, Page 4 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). if a soil absurpiiun bediieach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 4. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 5. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NQT required Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Atsugi Planned blanagemenl -Variance Application W W 196, Docket No. OS-V W W-30, Findings of Fact and Conclusions of Law, Pagc 5 ~ i~I~~~~v~t~~ Br~ga~'~ ~d>a~a,~, A,p~]re:~tirza ~ ~'~~k~~ ~r~ ~~3 - I ~ i;over ~ettPa ~a~lir. Nc*tar'e ~ ~Taaaance ~pplica~aon ~l~ra2t f~ecisaoa~ Cover 'Getter, idecasaan ~ t~rder and pindin¢s crl Pact ~Concla.~i®~ Laav I. +C _anal De isaon 'over Lette,, Sagreed Decision Order and £indangs of ~a~.~t ~ C~nclAasnor~ ~'La`~ ~OU°i`E T~3: ~ Director of Health - Chiyome Leinaala ~allcino Deputy Director for Environmental Health Administration -Laurence Lau _ _ Chief, EMD -Thomas E. Arizumi Attorney General's Office, AC l~lark Bennet, Deputy Ndaak McConnel, Deputy Ben Robertsa Clean Tslater Branch: -Denis Lau Environmentai Plannin ~.~fs":oe -Jame Harrigan Laam ~ _ Safe Drinkin Water Branch -William Won _ _ Sanitation Branch -Commercial Pro ernes Onl Wastewater Branch Nei hbor Island Staff - n(A ~l~(- [ ]Board of Water Supply -Clifford Jamille [ ~ ]County of Hawaii Dept of Water Supply -Milton Pavao i ~ ~ a'".rn9n#~~ rrf T/[arev", ]F~?vrt rr~i i,~/~+,er S,.aear.,7a~ - ,9~enr~e'~ "~'onsxaxn i _ I t .~~..~~.r ,aa~l'+.~ ~~,~tir'~n.:, u..;SA~''. sCa "~e;l a '.'vti•, [ i iJistriCt Y•ieaitki Uffice _ l~laui -'Herbert i~/latsubayashi, Chief Sanitarian [ ]District 1-Iealth Office -Kauai ° Clyde Takelauna, G'hief Sanitarian [ ]District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Oahu Neighborhood Board # City Fr County of Honolulu, Department of Planning $ Permitting _ County of _ ~ Council ACTION I2E+~UESTED; _ Regarding tk~>e Cover Letter, ?axblic Native $r Variance Application, please c:hecflc onP 1~~~~r~ [ ] :Serommend to GRANT this variance appliCationo [ ] ~€corna-r~aPrrl ;.o f?EN`f this ~raa°aance application. _ P;ePas e feel t,~ee 40 ~°u~aaaS comaments w2aen retard->ing this u°oute slip to °t"rae a~d+~rress listed ~elov~. `r~ ~rtegardl3rrf tl?+: l~R#i:~' ;~e^isiora, please feel free to write corrections/comments ~n the afrtached II +docuam€'^atF ~a~r'od ~ab'r~rSt ~oranal z~omrnents rn wrating to the address listed below, N` t- - ti~n.~,t .~Y~,,9 ,r y ~d~~l ''~~a ~1~N~Y 1~3nC.3"A'~37, t~.R? ?,i'{.J+.,h<','~. r,a,~ ~r~T k~jCdAY~ YsA'a{C7rH?fZ~t4.C.R$~~~~Sl~~ ~l~r`~3*"rc `+'~~'r-t '.dY, yy tton { I ihY r/_ S A ~~X ~ 3 'aA ~ I~~a ~I ~1nd ~a _ 4. - - _ ~ - _ _ . . _ a w i,-e~,:e Sea 4 i ~f: ~ti nat c- ,+K~~„~a;~rs s+~: ~>~r, ~l~i~old `fee, C.:h,h#o Wa~~tx~~;ai.er Bx~~~~h, «lfl~ ,tea ~rlRa~r.:~ Bl~~+r§, x'a:r~T,a:~~ra, t7:a~~o:d 1w , e'~.=rtn;aaA ~e;:`~l.l.-.<lca~~{~1 lalusne {~&)Q3'3 ~>53+~-?lt~'"~~~ fags F,3?i'i~5`,r ~~xa~~~u5d~, cra:~x%~~~, +r-L-L: yr'i,v~t;r+,.~~a. sLx fiz,u as ~~=js~.'l,+~eY r~~a~~nr+nr