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Home My WebLink AboutCOM 0327.001 2004-2006 << ~ M1 A~ ~rY6y 7i Y LINDA LINOLE CHIyOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O, aOX 3378 to reply, please re5er to: HONOLULU, HAWAII98801-3378 File: September 19, 2005 W W 193 Final Dec CL D:C2 w6050905 CERTIFIED MAIL 7003 1010 0004 9366 0354 RETURN RECEIPT REQUESTED Mr. Stephen 7. Herbert Civil Engineer 74-5606 Pawai Place, #203 Kailua-Kona, Hawaii 96740 - ~J S f'- Dear Mr. Herbert: Subject: Variance Application No. WW 193 Docket No. 05-V W W-27 Central Kona Center II v 81-970 Halekii Street, Kealakekua, Hawaii - TMK: (3) 8-1-003: 062 - Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on September 15, 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. S1~ / THOMAS E. ARIZUMI, HIEF Environmental Management Division Enclosures: Final Decision and Order Findings of Fac[ and Conclusions of Law ec: Clean Water Branch District Health Office -Hilo Environmental Planning Office Safe Drinking Water Branch Department of Water -County of Hawaii ~waii CounTy Council Wastewater Branch -Kona Staff Engineer comm. No. Ref. To: Rcf. oao~ Cf P 3 ~2~ 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 ) Existing Cesspools into Seepage Pits ) Serving Multiple Dwellings ) Central Kona Center R ) 81-970 Halekii Street ) Kealakekua, Hawaii ) TMK: (3) 8-1-003: 062 ) DECISIOI~I 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, G7 September 15, 2005 Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF 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 ) Existing Cesspools into Seepage Pits ) Serving Multiple 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-I-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. Findines 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- 62-31.1(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 Application W W 193, Docket No. OS-VWW-27, Findings of Fact and Conclusions or Law, Page l The applicant has made the following statements. I. 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 I 1-62-03 because the IW5 would receive mtore 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, et$uent filters will be included on each septic tank for the purpose of monitoring sleptic tank operation and effluent clarity. 7. The applicant believes this variance request is in the public interest because the LCC will be upgraded to an IWS (septic system). The IWS plains will be designed by an engineer and will be submitted to DOH for review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. 9. l'he proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvement to the existing cesspool in terms of wastewater treatment. The Central Kona II Variance Application W W 193, Docket No. OS-V W W-27, Findinpy of Fact and Conclusiwsa of Law, Page 2 septic tank will provide pretreatment and sludge removal prior to ef$Iuent disposal. 10. The existing location of the facility is severely restrictive. There is samply 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 tUIC) line. There are no program-recorded drinking water wells within L+/4 mile of the facility. However, the Haleki'i drinking water well is located approximately 1800 feet up-gradient from the subject propertty; B. According to our records, the facility does not have a UIC pexmit; and C. The projected wastewater flow of 995 gallons per day (gpd) its very close to the UIC regulatory threshold over which facilities would bye required to obtain a UIC permit We recommend that the variance to use: the cesspools as seepage pits be denied until the applicant demonrstrates 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 azpplication. 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 efrluent filter(s). C. If the existing cesspools are abandoned as part of the new was;ttewater plan, then abandonment shall follow the requirements of the Underground Injection Conirol program of the Safe Drinking Water Branch.. Central Kona f1 Variance Application W W 193, Docket No. OS-V W W-27, rindings of FaR and Conclusions of iaw., Page 3 D. The project shat( connect to the County sewer service 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: 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 II Variance Application W W 193, Docket No. OS-V W W-27, Findings of FaR 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, Se3~tember 15, 2005 - Thomas E. Arizumi, P. . Chief, Environmental Management Division The foregoing findings of fact and concFusions of law are hereby adopted. Central Kona II Variance Application W W 193, Docket No. OS-V W W-27, Findings of Fac[ and Conclusions of Law, page 5 • ~ . , , ? P's. *u,';".';: ; crams=.. N.~~.4' ',iY r 1Y~anscnittal Date:. te: Wastewater Branch Varia~e A lira#ion Na W W ~ kek I+~o. - V W W - Name/'lYtle svBJSCT: Cover Letter, Public Notice 8r Variance Draft Decision Cover Latta, Decisiar? Order aril ct of Lw X Fiscal Decision Cover Lett, Si Decisictt der and of Feet Cot~kaaions of Law ROUTE TO: Director of Health -Chi Leistaala Fukino Director far Envitonmesrtal HeaHis Adn~iniw:aHon - . Lau Chief, E1ND - Thomas $ Arlaumi Attorne General's Offlcai, AG Mark Bennsk Mark Ben Roberta Clean Water Branch - Lau . Environmental Plarn - J Safe Water -William ~ 5' Sanitatiem Branch - Cat~pp~arcial f Wastewater Branch N Island S'tal°f - I 1 Board of Water Sdy -Clifford Jaa~idps - [ Cousrty of Hawaii ~Pt of Water Supgiy -Milton Pavao [ ]County of Maui Dept of Water Supply - George Y. Tengeiit I 1 Kauai Caun of Water liirstast Y.W. Lau [ ]District Heakh Office -Maui -Herber! bubayaal$, Sanitaadart I 1 District Health Office -Kauai -Clyde Takekuma, Chief ' [ District Health Office - Hib - Aaron ver+o. Clydf S Oahu Ne hood Bid • C' 8. Coup of Hatu~utu, D of Plena C of Council r ? ACTIOTJ REQUESTED: Regarding the Cover Letter, Public Notice 8r Variance A on, please check sass boat y I 1 Recommend to GRANT this variar~e application. I 1 Recosnsr,end to D1~+lY this variance application. ~ Please feel Erse to subssE! coirunerts when return this r ° :tali to the addseas listed below Regarding the DRAFT Decision, please feel free to write 'oauo%oua~entaa an tbe'ttached documes?ta and/or subnr~t formal camars~its in to a listed blow. X Regarding the FINAL 81~1ED Decision, the attached ~ infosaaa}titie?fiL. Please file ar q discard at discreticat. Thank ou Please feel free to submit comsnenta to: Mr. Harold Yom, Chief, W t3rancl~, 919 Ala Moans Blvd. Room 309. Honolulu, Hawaii 95814-4920 ar phone EaO87 3JS6-~1 (~t?a)'S1l!6-4300. t Reoaiwd by W WB variance route aUpdac as of 03/ISJ~! - . a i