HomeMy WebLinkAboutCOM 0517.000 2004-2006 S~ ~ h1
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LINDA LINGLE FYI' CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII y~ 1$ DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In raPly, Please refer to:
HONOLULU, HAWAII98801-3378 File:
September 26, 2005
W W 1 S2 Final Dec CL
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CERTIFIED MAIL, 7002 3150 0001 6551 0354
RETURN RECEII'T REQUESTED r ,
mac:,
V
Mr. David Levenson, Trustee o
c/o Clark Realty - -
75-5722 Kuakini Highway #214
Kailua-Kona, Hawaii 96740
Dear Mr. Levenson:
Subject: Variance Application No. WW 182
Docket No. 05-VWW-16
Replacement of Existing Large Capacity Cesspools Serving Mango Court LLC
79-7460 Mamalahoa Highway, Kealakekua, Hawaii
TMK: (3) 7-9-007: 029
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on September 12, 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.
Sincerel , `
THOMAS E. ARIZ .E., 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 Planning Office
Safe Drinking Water Branch
D arUnent of Water - CounTy of Hawaii
~waii County Council C011[nl. NO.
Wastewater Branch -Kona Staff Engineer
Ted Baldau - RT Engineers R@f. TO:
Raf. Dcte~()r_.T~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-16
Variance Application No. WW 182 )
for Individual Wastewater System )
Replacement of Existing Large Capacity )
Cesspools at Mango Court LLC )
79-7460 Mamalahoa Highway )
Kealakekua, Hawaii, 96750 )
TMK: (3) 7-9-007: 029 )
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 pertaining to the
definition of an individual wastewater system is hereby GRANTED with the following
provisions:
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.
2. Non-domestic wastewater generated from the buildings shall meet the
intent of Hawaii Administrative Rules (HAR) 11-62-31.1(i) which is to
provide adomestic-like wastewater influent to the septic system.
Installing grease traps or interceptors meeting the City and County of
Honolulu's criteria may be necessary.
3. Existing cesspool receiving more than 1,000 gallons per day (gpd) of
domestic wastewater shall be abandoned per instructions from the
Department's Underground Injection Control program.
4. Septic tank effluent filters shall be used if effluent is not disposed of into
shallow soil absorption systems.
5. The project shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, September 12. 2005
Thomas E. Arizumi,
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-16
Variance Application No. WW 182 )
for Individual Wastewater System )
Replacement of Existing Large Capacity )
Cesspools at Mango Court LLC )
79-7460 Mamalahoa Highway )
Kealakekua, Hawaii )
TMK: (3) 7-9-007'. 029 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. David A. Leveson, Trustee, Mango Court LLC, for afive-year
variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 pertaining
to the definition of an individual wastewater system was reviewed by the Department of Health
staff, and a public notice of the application was printed in the Apri128, 2005 issue of the
Honolulu Star Bulletin and in the April 30, 2005 issue of the West Hawaii Today publications.
Five (5) Department of Health agency comments and no public comment pertaining to the
application were received during the 30 days following the publication of the public notice.
Findinus of Fact
The applicant, Mr. David A. Leveson, Trustee, Mango Court LLC, has applied fora 6ve-
year variance from the Hawaii Administrative Rules (HAR), Section I 1-62-03 pertaining to the
definition of an individual wastewater system (PNS) which by definition restricts the use of an
IWS to flows of 1000 gallons/day or less. This variance request is to allow the use of a single
IWS with a design flow of 2,500 gallons day. The proposed wastewater system would serve
two (2) existing commercial buildings and one (1) existing residential building and possible
future development. The subject property is located at Mango Court, LLC at 79-7460
Mamalahoa Highway, Kealakekua, Hawaii, and identified as TMK; (3) 7-9-007: 029.
The applicant has made the following comments.
1. 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 2500
gallons per day.
Mango Court Application W W 182, Docket No. OS-V W W-l6, Findings of Fact and Conclusions of Law, Page 1
2. The existing large capacity cesspool(s) needed to be closed and replaced with a
new treatment individual wastewater system by April 5, 2005 in order to comply
with federal requirements.
3. 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.
4. 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.
5. Construction and maintenance costs for a WWTP will be passed on to
commercial and residential tenants thus possibly requiring existing businesses to
close and tenants to vacate.
6. 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.
7. 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.
8. The owner of the facility simply cannot afford to build and operate wastewater
systems meeting all the requirements of HAR, Chapter 11-62, such as small
aerobic wastewater treatment plants.
9. The variance is requested for the maximum of five (5) years. Best accommodates
long term commercial leases.
10. A plot map was attached to this application for variance but is not shown here. If
you would like to view it, 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 facsinule_
The following Department of Health agencies submitted the following comments:
A. The Safe Drinking Water Branch submitted the following comments:
1. The site is located above the Underground Injection Control (iJIC) line.
Mango Court Application W W 182, Docket No. OS-V W W-16, Findings of Fact and Conclusions of Law, Page 2
Land areas above the UIC line, in general, overlie or recharge
underground sources of drinking water;
2. There are no program-recorded drinking water wells within 1/4 mile of the
facility;
3. Because the proposed improvement is being driven by the federal ban on
?arge-capacity cesspools, we have no objection to granting the variance.
However, more advanced treatment would be preferred for a system
designed to receive 2,500 gallons per day of wastewater; and
4. Apparently, the existing cesspools have received more than 1000 gallons
per day (gpd). Thus, the cesspools should have been registered with a
UIC permit. Closure of the cesspools must be done in compliance with
UIC regulations. We recommend that the facility's consultant contact us
to further discuss proper cesspool closure and compliance issues.
Please contact Noms Uehara at (808) 586-4258 if you have any questions.
B. The Clean Water Branch recommends to grant this variance application.
C. The District Health Office -Hilo recommends to grant this variance application.
D. The Environmental Planning Office has no comments to offer at this time.
E. The Wastewater Branch submitted the following comments:
I. 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 etlluent filter(s).
3. Non-domestic wastewater generated from the buildings shall meet the
intent of Hawaii Administrative Rules (HAR) 11-62-31.1(1) which is to
provide adomestic-like wastewater influent to the septic system.
4. The project shall 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:
Mango Court Application l4W ] 8Z, Docket No. OS-V W W-1Q Findings of Facl and Conclusions of Law, Page 3
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 valiance 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.
2. Non-domestic wastewater generated from the buildings shall meet the intent of
Hawaii Administrative Rules (HAR) 11-62-31.1(1) which is to provide a
domestic-like wastewater influent to the septic system. Installing grease traps or
interceptors meeting the City and County of Honolulu's criteria maybe
necessary.
3. Existing cesspool receiving more than 1,000 gallons per day (gpd) shall be
abandoned per instructions from the Department's Underground Injection Control
program.
4. Septic tank effluent filters shall be used if eflluent is not disposed of into shallow
soil absorption systems.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 12. 2005
C~G~~~,~~au.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Mango Court Application W W 182, Docket No. OS-V W W-l6, Findings of Facl and Conclusions of Law, Page 4
Transmittal Date: ~ Suspense Date:
Wastewater Branch -Variance Ap lication No. WW i Docket No. O - VWW _
Name/Title man D - a,{.a.hoa `
SUBJECT:
Cover Letter, Public Notice 8r Variance Application
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Final Decision Cover Letter, Signed Decision 8c Order and Findings of Fact $r Conchisions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
De ty Director for Environmental Health Administration -Laurence Lau
Chief, £NID -Thomas E. Arizumi
Attorne General's Office, AG Mazk Bennet, De ty Mark McConneL De y Ben Roberts
Clean Water Branch -Denis Lau ~
Environmental Plannin Office -
Safe Drin ' Water Branch -William Won
Sanitation Branch -Commercial Pro rties Onlyl
Wastewater Branch Nei hbor Island Staff - - LC Q
Boazd of Water Supply -Clifford Jamille
County of Hawaii Dept of Water Supply -Milton Pavao .
County of Maui Dept of Water Supply -George Y. Tengan
Kauai County De aztment of Water Ernest Y.W. Lau
District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervising Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitazian
Oahu Nei hborhood Board •
City 8r County of Honolulu, De artment of Plannin $r Permittin
hra ]t u
-r ®a a
ACTION REQUESTED:
Regazding the Cover Letter, Public Notice & Variance Application, please check one box:
[ ]Recommend to GRANT this vaziance application.
[ ]Recommend to DENY this vazianCe application.
Please feel free to submit comments when returnin this route sli to the address listed bekrw.
Regazding the DRAFT Decision, please feel free to write corrections/comments on the attached
documents and/or submit formal comments in writ' to the address listed below.
Regazdinq the FINAL SIGNED Decision, the attached is for your information/file. Please file or
discazd at your discretion. Thank you.
Please feel free to submit comments to: Mr. Hazold Yee, Chief, Wastewater Branch, 919 Ala Moana Blvd.
Room 309, Honolulu, Hawaii 96814-4920 or phone (8'08') 586-4294 fax (80~ 586-4300.
Received by WWH variance route slip.dx as of 2/10/2005 vww