HomeMy WebLinkAboutCOM 0460.000 2004-2006 ~a OP N,
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LINDA LINGLE S CNIYOME LEINAALA FUKINO, M.D.
GOVEPNOR OF HAWAII ~ DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
icptelilUCl 12, LUV~
W4V }88 Final Dec CL
- D:C2 w6050861
CERTIFIED MAIL 7003 1010 0004 9366 0507 -
RETI.JRN RECEIPT REQUESTED
Mr. Stephen J. Herbert, P.E.
Stephen J. Herbert, P.E., Inc.
74-5606 Pawai Place '
Kailua-Kona, Hawaii 96740
Dear Mr. Herbert:
Subject: Variance Application No. WW 188 Docket No. 05-VWW-22
Convert Nine (9) Cesspool Systems to Septic Systems with
Seepage Pits and Large Absorption Bed
Tamarack Pines Condominium
65-1305 Kawaihae Road, Kamuela, Hawaii, TMK: (3) 6-5-003: 026
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on September 2, 2005. We
are 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 our direct toll free
telephone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
THOMAS E. ARIZUNII, HIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions I:f Law
cc' Clcan Water Branch
District Health Office -Milo
L:nvironmental Planning OY2ice
Safe Drinking Water Branch
DQpartment of W atcr -County of Flawaii
IalvallCouni<~Council
V?asteraatcrBranch-HiloStaCfL'•ngincer Coma. t`l0. J V
1;,:~, ;rasC OFF 9(15
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 04-VWW-22
Variance Application No. WW 188 )
for Individual Wastewater System )
1
Convert Nine (9) Cesspool Systems to )
Septic Systems with Seepage Pits and )
Large Absorption Bed )
Tamarack Pines Condominium )
65-1305 Kawaihae Road )
Kamuela, Hawaii )
TMK: (3) 6-5-003: 026
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, Section 11-62-31.1(&)(1)(A) and
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. Any existing cesspool to be abandoned, shall be abandoned per the requirements
of the Underground Injection Control program of the Safe Drinking Water
Branch.
4. Underground Injection Well (UIC) permits will be required to operate any
existing injection-well cesspools or seepage pits that receives over 1,000 gallons
per day or any given day.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, /~~September 2, 2/005
G / /
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of rhP Application ) Docket IV O. 04-V
W W-22
Variance Application No. WW 188 )
for Individual Wastewater System )
Convert Nine (9) Cesspool Systems to )
Septic Systems with Seepage Pits and )
Latge Absorption Bed )
Tamarack Pines Condominium )
65-1305 Kawaihae Road )
Kamuela, Hawaii )
TMI{: (3) 6-5-003: 026 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the designated agent, Mr. Stephen J. Herbert of Stephen J. Herbert,
P.E., on behalf of Tamarack Pines Condominium, for a five (5) year variance from Hawaii
Administrative Rules, Chapter 62 of Title 11, Section I 1-62-03, Definitions 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...."; Section 11-62-31.1(a)(1)(A) "For residential
development. There shall be 10,000 square feet of land area for each individual wastewater
system."; and Section 11-62-31.1(a)(1)(D) "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 there in one dwelling or two" was reviewed by
the Department of Health staff, and a public notice of the application was printed in the June 1Q
2005 issue of the Honolulu Star Bulletin publication. Four (4) comments and no public
comment pertaining to the application were received during the 30 days following the
publication of the public notice.
Findines of Fact
The applicant, Tamarack Pines Condominium located at 65-1305 Kawaihae Road,
Kamuela, Hawaii, TMK: (3) 6-5-003: 026 states the total area of the subject property is
approximately 50,000 square feet. Currently, there are 9 active cesspool on the subject property.
It is proposed to convert all 9 cesspools to seepage pits, and install a large absorption bed. Flows
expected vary from 800 (2 units) to 1600 (4 units) GPD (as taken from HAR 11-62-31, Table 1).
Tamarack Pines Variance Application W W 188, Docket No. OS-V W W-22, Findings of Fact and Conclusions oFLaw, Page 1
Actual flow rate given from a 2 year study of water usage data gives a high average of
200 GALLONS PER UNIT, which gives an estimated maximum flow of 800 GPD fora 4 unit
cluster on any one disposal system. The subject property houses 39, 2 Bedroom -Condominium
units. Variance requested to accommodated greater than 1000 gpd flows, and more than two (2)
dwelling connections to single IWS.
The appilGBrjt jl6s ritade tjio jiiu6wuig cGnlriierltS.
1. The requested Variance is for HAR Section 11-62-31.1(a)(1)(A), and 11-62-
31.1(a)(1)(D), and 11-62-31.1(b).
2. The area of the lot is 50,000 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.
3. 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
1,600 gallons per day.
4. The facility has been in operation for 20+ years in this location using the existing
cesspools. 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.
5. The proposed design of septic systems and conversion of existing cesspools as
seepage pits for the septic eflluent should greatly improve the wastewater
operation and disposal at the subject property. Furthermore, eflluent filters will
be included on each septic tank for the purpose of monitoring septic tank
operation and eflluent clarity.
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. 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.
8. The proposed treatment individual wastewater systems will provide greater
protection than the large capacity cesspools. The proposed IWS is an
Tamarack Pines Variance Application W W I88, Dooket No. OS-V W W-22, Findings of Fact and Conclusions ofIpw, Page 2
improvement to the existing cesspool in terms of wastewater treatment. The
septic tank will provide pretreatment and sludge removal prior to effluent
disposal.
9. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
] 0. The variance is requested for the maximum of five (5) years.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The subject property is situated "mauka" or above the Underground
Injection Control (UIC) line. Therefore, the property overlies or
recharges a potential underground source of drinking water. Chapter 11-
23, the UIC rules, prohibits the construction and operation of a new
sewage injection well above the UIC line;.
B. There are no program-recorded drinking water wells within a quarter mile
of the subject property;
C. UIC permitting is applicable to any existing injection -well cesspool or
seepage pit that receives over 1,000 gallons per day on any given day.
Operating such cesspool or seepage pit without a UIC permit is a violation
of Chapter 11-23 and is subject to applicable penalties and corrective
action; and
D. Because the proposed upgrade of the large -capacity cesspools into a
septic system (septic tank with seepage pits and absorption bed) is being
driven by the federal ban on large-capacity cesspools, we have no
objection to granting the variance. However, a UIC permit is required for
all seepage pits (injection wells) that receive more than 1000 gallons per
day.
Please contact Jamie Rimando at telephone (808)586-4258 if you have any
questions.
3. 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
Tamarack Pinas Variance Application W\\' 1 K$ llockel No. OS.V W W-22, Findings of Fact and Conclusions of Law, Page 3
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. The existing cesspools shall be abandoned per the requirements ofthe
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.
4. The District Heath Office -Hilo submitted the following comments:
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 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 ofthis 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 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.
Tamarack Pines Variance Application W W ] 88, Docket No. OS-V W W-22, Findings of Fact and Conclusions of ]aw, Page 4
2. Each septic tank shall be fitted with an effluent filter(s).
3. Any existing cesspool to be abandoned, shall be abandoned per the requirements
of the Underground Injection Control program of the Safe Drinking Water
Branch.
4. Underground Injection Well (UIC) permit are required to operate any existing
injection-well cesspools or seepage pits that receives over 1,000 gallons per day
or any given day.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 2. 2005
Thomas E. 'zumi, P: .
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Tamarack Pines Variance Application W W 188, Docket No. OS-V W W-22, Findings of Fact and Conclusions oft-aw, Page 5
. r 3 ,i 9 - .z- Y_{ - - -a .,g ~ - p
Transmittal Date: 1 S nse Date:
Wastewater Branch Variance A lication No. WW D~ket No. ~ - VWW - _01
Name/Title `~,f')"1(,Lti'rc_
SUBJECT:
Cover Letter, Public Notice $ Variance A lication
Draft Decision Cover Letter, Decision 8r Order and Findin s of Fact ErConclusions of Law
X Final Decision Cover Letter, Si ed Decision 8r Order and F' of Fact 8r Conclusions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
De y Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorne General's Office, AG Mark Bennet, De y Mark McConneL De Ben Roberts
Clean Water Branch -Denis Lau .
Environmental Plarv,' Office - G-Q Q
Safe Drirkin Water Branch - William W
Sanitation Branch -Commercial Pro 'es Onl 1
Wastewater Branch Nei boor Island Staff - u
[ ]Board of Water Supply -Clifford Jamille
(~x ]County of Hawaii Dept of Water Supply -Milton Pavao
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County De ent of Water Ernest Y.W. Lau
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitazian
[ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitazian
[ ]District Health Office -Hilo -Aaron Ueno, Chief Sanitarian +
Oahu Nei hborhood Board ~
Cit A: County of Honolulu, D artment of Plannin Pe '
County of Council
nu
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8r Vaziance Application, please check one box:
[ ]Recommend to GRANT this variance application.
[ ]Recommend to DENY this variance application.
Please feel free to submit comments when returnin this route sli to the address listed bekrw.
Regarding the DRAFT Decision, please feel free to write corrections/comments om the attached
documents and/or submit formal comments in wri ' to the address listed below.
X Regarding the FINAL SIGNED Decision, the attached is for your 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 (808) SS'6-4300.
Received by W WB variance route sHp.doc as of OS/12/200S vww