HomeMy WebLinkAboutCOM 0420.001 2004-2006 4 O F~
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LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII * DIRECTOR Of HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3376 File:
September 19, 2005
W W 185 Final Dcc CL
D:C2 w6050902
CERTIFIED MAIL 7002 3150 0001 6551 0545
RETURN RECEIPT REQUESTED
r .
Mr. Keith Kato ~ ,
RT Engineering, Ina r' _ c
100 Pauahi Street #204 n
Hilo, Hawaii 96720
Dear Mr. Kato:
_i
Subject: Variance Application No. WW 185 Docket No. OS-VWW-19 I`'
Development ofKinoole Senior Residences
30 One (1) Bedroom Dwelling Units, 2020 Kinoole Street, Hilo, Hawaii-
TMK: (3) 2-2-041: 010 1 acre parcel
Please find enclosed the Department ofHealth's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on September 14, 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.
Sincer y,
L~
THOMAS E. ARIZLRE ,CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
cc: Clean Water Branch
District Health Office -Hilo
Environmental Plantting Office
Safe Drinking Water Branch 2
Department of Water -County of Hawaii Comm' NO.
t/)!Iawaii County Council Ref. To:
Wastewater Branch -Hilo Staff Engineer Rtf, Gate„ ~ 7~~5
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-09
Variance Application No. WW 185 )
for Individual Wastewater System )
Development of Kinoole Senior Residences )
30 One (1) Bedroom Dwelling Units )
2020 Kinoole Street )
Hilo, Hawaii )
TMK: (3) 2-2-041: 010 1 acre pazcel )
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 and 11-62-31.1(a)(2)(D) is hereby
GRANTED with the following provisions:
1. 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 may be
used.
2. The development shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, September 14. 2005
Thomas E. Arizumi,
Chief, Enviromnental Management Division
STATE OF
DEPARTMEPVT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-09
Variance Application No. WW 185 )
for Individual Wastewater System )
Development ofKinoole Senior Residences )
30 One (1) Bedroom Dwelling Units )
2020 Kinooie Street )
Hilo, Hawaii )
TMK: (3) 2-2-041: 010 1 acre parcel )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the 2020 Kinooie Limited Partnership for afive-year variance from
Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03, 11-62-31.1(a)(2)(D) and
11-62-34(c)(2)(A) was reviewed by the Department of Health. A public notice of the application
was printed in the May 23, 2005 issue of the Honolulu Star Bulletin and May 26, 2005 issue of
the Hawaii Tribune Herald publications. Four (4) agency 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
Mr. Keith Kato, Executive Director of 2020 Kinooie Limited Partnership, has applied for
a five-year variance from the Hawaii AdministratBVe Rules (HAR), Section 11-62-03 pertaining
to the definition of an individual wastewater system, 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 Kinooie Senior Residence development.
The applicant is proposing to develop the Kinooie Senior Residences on one (1) acre
parcel of land identified as TMK (3) 2-2-014: 010.
The applicant has made the following cornrrlents:
1. The Kinooie Senior Residences wi91 be constructed on a 1 acre parcel of land
identified by Tax Map Key (3) 2-2-041: 010. The parcel is located on the south
west corner of the intersection of Kahaopea and Kinooie Street in the Waiakea
Homestead House Lots area, South Hilo District of the island of Hawaii. This
proposed project includes 30 one bedroom dwelling units split equa]ly between
Kinooie Senior Residence Variance Applicadion W W 185, Docket No. OS-V W W-19,
Findings oC Facl and Conclusions of Iaw, Page 1
three, three-story buildings configured into a "U" shape around a central
courtyard. Separate laundry facilities (Absent in the individual dwelling units)
consisting of three washers and dryers are located on the second floor. In
addition an administrative office with a separate restroom and a maintenance
room is also located on the first floor. It is proposed to provide four separate
Individual Wastewater Systems (IWS) for the development. Two wastewater
systems will be dedicated to receiving domestic sewage from 18 individual units,
one wastewater system will receive domestic sewage from 12 individual units and
the separate restroom located adjacent to the administrative offlice while a fourth
wastewater system will receive wastewater solely from the laundry facilities. In
that laundry facilities aze not installed in the individual apartments, daily
wastewater volumes for each dwelling unit are considered to be 170 gallons per
day. The wastewater volume for the laundry facilities is an aggregate of
discharge from laundry activities, 30 dwelling units x 30 gallons per unit (800
gallons per day). Wastewater flow volumes are summarized in the following
Table 1:
9 Unit IWS (2) 1,530 Gallons per Day Each
12 Unit IWS w/separate restrooms & 2,395 Gallons per Day Each
activity room
Laundry Facilities 900 Gallons per Day
Total Project Flow 6,355 Gallons per Day
Se tic tank and abso lion bed sizes are summarized in the followin Table 2:
' Septic Tank Size Absorption Bed Size
9 Unit IWS (2) 2,000 Gallons Each 12' x 53' (636 sq.ft.) Each
12 Unit IWS 2,500 Gallons Each 12' x 76' (912 sq.ft.) Each
Laundry Facilities 2,000 Gallons Each 9' x 22' (198 sq.ft.) Each
It should be noted that the Laundry Facilities absorption bed has been sized using
the formula for Rate of Sewage Application from The Manual of Septic Tank
Practice as published by the United States Department of Health, Education and
Welfare whereas:
Rate of Sewage Application (square feet) = 5/square root of the percolation rate.
In this instance the percolation rate used in the formula is 1 minute per inch.
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 lot size, 43,560 square feet, provides less than 10,000 square feet pier
1000 gallons of daily wastewater generation;
Kinoole Senior Residence Variance Application W W 185, Docket No. OS-V W W-19,
Findings of Fact and Conclusions of Law, Page 2
C. The proposed systems serve more than 5 bedrooms and more them two
dwellings; and
D. 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 bang the
facility into compliance with the environmental rules fo the state within a
reasonable amount of time for the following reason:
A. The proposed development is intended to provide affordable housaing for
elderly residents on the island of Hawaii. The construction of the
development is subsidized by the United States Department of Agriculture
(USDA), Rural Development Program. The additional cost of prmviding a
sewage treatment plant for the facility would increase the construction
cost significantly and could exceed the funds available from USDFk for the
project. Likewise, constructing septic tank systems segmented into 1000
gallon increments would be impractical given site constraints and would
also increase the cost of the proposed wastewater system by a significant
amount thus having a similar adverse impact or. 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 wi)11 come
from income brackets that would not allow them to construct and own homtes on
their own. These residents could become homeless or need help from StaU~e (or
County) agencies for housing as an alternative to the construction of the proposed
facility.
S. The granting of this variance will not substantially endanger human health mf
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 Waiakea 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 withira 1000
feet from the proposed septic tank systems and no impacts to existing or fixture
drinking water sources are anticipated. The proposed septic systems are lcacated
at sufficient elevation (approximately 150 feet above mean sea level) and
sufficient horizontal distance (approximately 2.21 mile) to minimize their
potential to contamination of shoreline waters.
6. Compliance with the rules or standards from which the variance is sought wvould
produce serious hardship without equal or greater benefits to the public. Tate
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
Kinoole Senior Residence Variance Application W W 185, Dockel No. 05-V W W-19,
Findings of Facl and Conclusions oflsw, Page 3
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.
A plot plan was included as Attachment F-1.
The following agencies submitted the following comments:
1. The Safe Drinking Water Branch submitted the following comments:
A. The site is located above the Underground Injection Control (iTIC) line.
There are not program-recorded drinking water wells within 1/4 mile of
the facility;
B. The total discharge quantity needs to account for 9 more dwelling units;
and
C. This type and size of facility should be serviced by a package wastewater
treatment plant, not by individual wastewater systems. We recommend
that the variance be denied.
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, but also states "Should connect to
the Public Sewer. How far is the sewer?"
3. The District Health Office -Hilo submitted the following comments:
Recommends to grant this variance application.
4. The Wastewater Branch submitted the following comments:
A. 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 may be used.
B. Each septic tank shall be provided with effluent filter.
C. The development shall connect to the County sewer service system should
it become available to the azea.
Kinoole Senior Residence Variance Application W W 185, Dackel No. OS-VW W-19,
Findings of Fact and Conclusions of Caw, Page 4
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 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 the IWSs must be submitted to the Wastewater Branch for review and
approval. In addition, the IWSs must be: approved in writing before they may be
used.
2. The development shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, September 14. 2005
Thomas E. Arizumi, P.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kinoole Senior Residence Variance Application WW 183, Docket No. OS-VWW-19,
Findings of Fact and Conclusion4 off Law, Page 3
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1~ansmittal Date: S e Date:
Wastewater Branch - ariance A lira 'on No. WW L~dket No. - VWIN~ -
Name/Title
svBJSCT:
Corer Letter. Public Notice 8r Variance licatiaui
Draft Decision Cover Letter, Decision Order and F' of'F B.Canclwaiona Law
Final Decision Cover Letter, S d De Sr Order er?d of Fact of Law
ROUTE TO:
Director of Health -Chi ome LeinaalaV Fukino
D Director for Environmental Adminisle'a'tion -Laurence Lau
Chief, EMD -Thomas E. Arisumi
Attorne General's Office. Afs Mark De ,Mark 1. Roberta
Clean Water Branch - Denis Lau
Environmental Plana Office - U
Safe Water Brunch - W W
Sanitation Branch - Commerdal Pr Onl 1
Wastewater Branch Na hbor Island ~ - U h V
Board of Water Supply, -Clifford J
of Hawaii Dept of Water Sup~ly - Miitoi? Pavao .
County of Maui Dept of Water Supply -George Y. Tangan
Kauai C D of Water Y.W. Lsu
District Health Office -Maui -Her Mataubsyaabi, Chief Sae~itarian
>7strict Health Office -Kauai - C1yde~Takekuma, Chef Sanidreian
District Health Office -Kona -Paul O Supervi~ing Sar}ll+grian
istrict Health Office -Hilo - Aaron ~ eno, Chief S " itariaa.
Oahu N Board •
Ci 8r C of Honvlulw D of Plann' & P
r
ACTION REQUESTED:
Regarding the Cover Fetter. Public .once 8r Variance Application, please checlr one box:
[ 1 Recommend to GRANT this va~ianCe applicatbn.
[ 1 Recotnmerid to DENY this vari~t?ce application.
Please feel free to submit ' when return this route sli to the addriBas listed below.
Regarding the DRAFT Decision, ple~ae feel free to`write ecctiana/'co~mnentMl on attsched
documents and/or submit formal to in to address
Regarding the FINAL SIGNED Dec the attached is for `gpur iriforrusltiot? .Please file or
discard st our discretion. Thank r
Please feel free to submit coirunents to: Mri Harald Yee, Chief, Waatowater Brand 91$~ Ala Moans Blvd.
Room 309, Honolulu, Hawaii 968'14-4920 ~ phone (808 58'6-4:~4 fax (~OB'1 S8'6-X1300,
Received by W WS variance rd~ks dipdoc as of B~+'10/200~ vMiw