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LINDA LINGLE CHIYOME LEINAALA FUIONO, M.D.
GOVERNOR OF HAWAII {ty`~ f DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In repty please refer to:
HONOLULU, HAWAII 96a07-337a File:
September 19, 2005
W W 183 Final Dec CL
D:C2 w6050912
CERTIFIED MAIL 7002 3150 0001 6551 0521
RETiJRN RECEIPT REQUESTED
Mr. Keith Kato
Hawaii Island Community Development Corporation C _
100 Pauahi Street, # 204
Hilo, Hawaii 96720 f.l
Deaz Mr. Kato:
Subject: Variance Application No. WW 183 Docket No. OS-VWW-17
Hualalai Elderly Housing Phase III
75-260 Hualalai Road, Kailua-Kona, Hawaii
TMK: (3) 7-5-010: 084 3,698 acre parcel
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on September 16, 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 984-2400 ext. 64294, fax
(808) 586-4300.
Sincerel
THOMAS E, ARIZUMi;
P.E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
cc: Clean Wa[erBranch
District Health Office -Hilo
Environmental Planning Office 1
Safe Drinking Water Branch COmtn, PIO. I'•
Depattment of Water -County of Hawaii
l~Lastewater Branch -Hilo Staff Engineer Ref. To: S p 0 ,lnn
Vl-Iawaii Cotmty Council Rdf. Dare ~.4~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-17
Variance Application No. WW 183 )
for Individual Wastewater System )
Hualalai Elderly Housing Phase 3 )
Limited Partnership )
3.698 Acre Parcel of Land Subdivided Out of An )
Existing Parcel Identified by )
TMK: (3) 7-5-010: 084 )
75-260 Hualalai Road )
Kailua-Kona, Hawaii )
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)(2)(D) pertaining to the total
wastewater flow into an IWS and 11-62-34(c)(2)(A) pertaining to the minimum flow per
bedroom when sizing an absorption bed for the Hualalai Elderly Housing Phase III development
is hereby GRANTED with the following provisions:
1. There shall be only 30 dwelling units in two (2) buildings on the property and an
on-site laundry room and activity room in a common building..
2. Plans for the IWSs must be submitted to the Wastewater Branch for review and
approval. In addition, the PvVSs must be approved in writing before they maybe
used.
3. The development shall connect to a municipal sewer system should it become
available to the area.
DATED: Honolulu, Hawaii,September 16. 2005
Thomas E. Arizumi,
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-17
Variance Application No. WW 183 )
for Individual Wastewater System )
Hualalai Elderly Housing Phase 3 )
Limited Partnership )
3.698 Acre Parcel of Land Subdivided Out of An )
Existing Parcel Identified by )
TMK: (3) 7-5-010: 084 )
75-260 Hualalai Road )
Kailua-Kona, Hawaii )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Keith Kato, Executive Director, Hawaii Island Community
Development Corporation, located at 100 Pauahi Street #204, Hilo, Hawaii, for afive-year
variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Sectionl 1-62-03 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 May 5 and May 12, 2005 issues of the Honolulu Star Bulletin and
West Hawaii Today publications. Four (4) comments and no public comment pertaining to the
application were received during the 30 days following the publication of the public notice.
Findings of Fact
The applicant, Hawaii Island Community Development Corporation, Hilo, Hawaii, has
applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03
pertaining to the definition of an individual wastewater system, I 1-62-31.1(a)(2)(D) pertaining
to the total wastewater flow into an IWS and 11-62-34(c)(2)(A) pertaining to the minimum flow
per bedroom when sizing an absorption bed for the Hualalai Elderly Housing Phase III
Development.
The applicant is proposing to develop the Hualalai Elderly Housing Phase III project on a
3.698 acre parcel of land subdivided out of an existing parcel identified by TMK: (3) 7-5-010:
084.
The applicant has made the following comments (some of the statements have been
condensed and the Tables will not be shown -the full application can he viewed or faxed upon
request).
Hualalai Variance Application W W 183, Docket No. OS•VW W-17, Findings ofFacl and Conclusions of law, Page 1
1. The parcel is located on the makai side of Hualalai Road in Kailua-Kona, Hawaii.
This proposed project includes 30 one bedroom dwelling units split equally
between six buildings configured into two wings. A separate Common Room
houses laundry facilities (absent in the individual dwelling units), an
administrative office and a separate restroom. It is proposed to provide two
separate Individual Wastewater Systems (IWS) for each wing and a separate
system for the Common Room for a total of five (5) IWSs. Flows from each
wing will be split with wastewater from 7 dwelling units directed to one IWS and
8 dwelling units being directed to another IWS. As no laundry facilities aze not
installed in individual dwelling units, the daily wastewater volume for the
Common Room is an aggregate of discharge from laundry activities (30 dwelling
units x 30 gallons per unit = 900 gallons per day), two office workers (30 gallons
per day) and Common Room bathroom use (150 gallons per day). Wastewater
flow volumes are summarized in the followin Table 1:
7 Unit IWS 1,190 Gallons per Day Each
8 Unit IWS 1,360 Gallons per Day Each
Common Room 1,080 Gallons per Day
Total Project Flow 6,180 Gallons per Day
Se tic tank and absor lion bed sizes are summarized in the followin Table 2:
Septic Tank Size Absorption Bed Size
7 Unit IWS 1,500 Gallons Each 12' x 35' (420 sq.ft.) Each
8 Unit IWS 1,500 Gallons Each 12' x 41' (492 sq.ft.) Each
Common Room 1,500 Gallons Each 12' x 35' (420 sq.ft.) Each
2. The proposed conditions fail to conform to the environmental rules of the State in
the following manners:
A. The proposed systems exceed 1000 gallons per day;
B. The proposed systems serve more than 5 bedrooms and more than two
dwellings;
C. The proposed systems serving the dwelling units utilize absorption beds
based upon a flow of 170 gallons per day.
3. The proposed equipment and operating conditions cannot be altered to bring the
facility into compliance with the environmental rules fo the state within a
reasonable amount of time for the following reason:
• The proposed equipment is intended to provide affordable housing for
elderly residents on the island of Hawaii. The construction of the
development is subsidized by the United States Department of Agriculture
}iualalai Variance Application W W 183, Dockel No. OS-V W W-l7, Findings of Fact and Conclusions of Law, Page 2
(USDA), Rural Development Program. The additional cost of providing a
sewage treatment plant for the facility would increase the construction
cost significantly and could exceed the funds available from USDA for the
project. Likewise, constructing septic tank systems segmented into 1000
gallon increments would also increase the cost of the proposed wastewater
system by a significant amount thus having a similar adverse impact on
the availability of sufficient funds for project construction.
4. The granting of this variance is in the public interest as defined in the Hawaii
Revised Statues, section 342.D-6(c) in that it provides affordable housing for low
income elderly residents of Hawaii Island. The residents of this facility will come
from income brackets that would not allow them to construct and own homes on
their own. These residents could become homeless or need help from State (or
County) agencies for housing as an alternative to the construction of the proposed
facility.
5. The granting of this variance will not substantially endanger human health of
safety. The proposed wastewater systems will collect, treat, and dispose of the
domestic wastewater in such a manner that no health of safety concerns are
created. The Kailua-Kona area in general and the project site specifically has a
sufficiently permeable substructure and it is anticipated that the septic tanks
systems will perform well. No sources of potable drinking water are within 1000
feet from the proposed septic tank systems and no impacts to existing or future
drinking water sources are anticipated. The proposed septic systems are located
at sufficient elevation (approximately 165 feet above mean sea level) and
sufficient horizontal distance (approximately''/z mile) to minimize their potential
to contamination of shoreline waters.
6. Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public. The
residents of the proposed elderly housing project are essentially economically
depressed of financially disadvantaged . Couple with unprecedented increases in
housing costs without assistance from other State or County agencies. Requiring
compliance to the subject rules addressed by this variance request will not
provide much greater benefits to the environment of the public than the proposed
septic tank systems would provide.
7. The time period requested for this wastewater variance is five years. This time
period is necessary to allow for the construction and ongoing occupation and
operation of the proposed affordable elderly housing facility.
8. A plot plan was included as Attachment F-1. To view the full application with
plot plan, 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.
The following agencies submitted the following comments:
Hualalai Variance Application W W 183, Dockel No. OS-V W W-17, Findings of FaA and Conclusions of Law, Page 3
1. The Safe Drinking Water Branch submitted the following comments:
A. 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;
B. There are no program-recorded drinking water wells within a quarter mile
from the subject property;
C. The application does not mention if drainage tests have been performed on
site for the siting and sizing of the absorption beds; and
D. We have no objection to this variance.
Please call Jaime Rimando at 586-4258 if you have any questions.
2. The Clean Water Branch submitted the following comment:
A. Recommend to deny this variance application.
B. Connect to County sewer system.
3. The District Health Office -Hilo submitted the following comments:
Recommend to grant this variance application.
4. The Wastewater Branch submitted the following comments:
A. We have no objections to granting approval of the variance if the variance
lowers costs to the elderly by lowering construction and maintenance
costs.
B. Plans for the IWSs must be submitted to the Wastewater Branch for
review and approval. In addition, the PJVSs must be approved in writing
before they may be used.
C. The development shall connect to a municipal sewer system should it
become available to the area.
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:
Hualalai Variance Application W W 183, Docket No. OS•VW Wd7, Findings of Face and Conclusions of Law, Page 4
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 not 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 under the following conditions:
1. There shall be only 30 dwelling units in two (2) buildings on the property and an
on-site laundry room and activity room in a common building.
2. Plans for the IWSs must be submitted to the Wastewater Branch for review and
approval. In addition, the IWSs must be approved in writing before they maybe
used.
3. The development shall connect to a municipal sewer system should it become
available to the area.
DATED: Honolulu, Hawaii, September 16. 2005
Thomas E. Arizumi, P.E
Chief, Environmental Management Division
The foregoing findings of fast and conclusions of law are hereby adopted.
Hualalai Variance Application W W 183, Docket No. OS-VW W-17, Findings of FaR and Conclusions of Law, Page 5
1~ansmittal Date: - erase Date:
Wastewater Branch - Variance A lication No. WWI Docket No. - V4VW -
Name/Title 1
SUBJECT:
Cover Letter, Public Notice 8~ Variance; A lication
Draft Decision Cover Letter, Decision Order and s of Fact 8rConclusi of Law
Final Decision Cover Letter, Si ed Decision 8r Order and F of Fact 8r of Law
ROUTS T0:
Director of Health -Chi ome Le' Fukino
De Director for Environmental alth Administration -Laurence Lau
Chief,llvlD -Thomas £ Arisumi
Attorne General's Office, AG Mark Bennet, De Mark McConneL D Bet? Roberts
Clean Water Branch -Denis Lau •
Environmental P Office
Safe Drin ' Water Branch - William W
Sanitation Branch -Commercial Onl !
Wastewater Branch Nei Island ff - -
Board of Water Supply -Clifford Jamp7le
County of Hawaii Dept of Water Supply -Milton Pavaox
County of Maui Dept of Water Supply -George Y. Tengan
Kauai Coup De rat of Water >~rnest Y.W. Lau
District Health Office -Maui - Herberk MstsubaynshL Chief Sanitarian
District Health Office -Kauai - Clyde'Takekuma, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervia3ng Sanitarian
District Health Office -Hilo -Aaron tl<eno, Chief Sanitarian ~
Oahu Ne' hborhood Board a
C' 8r Count . pf ulu, , e . 8r P
ACTION RE(?UESTED:
Regarding the Cover Letter, Public Notice 8r Variance Application, please check one box:
I 1 Recommend to GRANT this variance applicatipn.
I 1 Recommend to DSNY this variince application.
Please feel free to submit comments when return' this route sli to the addr listed below.
Regarding the DRAFT Decision, please feel free to write oorrections/ca:nmerrt~ on the attached
documents and/or submit formal castna,ents in wri ' to it?e address listed be
Regarding the FINAL SIGNED Decision, the attached is for your inforttiation/ .Please file or
discard at our discretion. Thank you.
Please feel free to submit comments to: Mr. Harold Yee, Chief, Wastewater Branch, 919':Ala Moans Blvd.
Room 309, Honolulu, Hawaii 96$14-4920 ae phone (808) 586-4294 fax (80B~ S86-gC$00.
Received by W WB va~+ance rouge sb7•doe as of 2/10/2004 vww