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LINDA LINGLE { •W," CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ ~ DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPApTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer ta:
HONOLULU, HAWAII 98801-3378 File:
September 26, 2005
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Mr. R.T. "Doc" Halliday _
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P.O. Box 1716 - ~
Kailua-Kona, Hawaii 96740
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Dear Mr. Halliday:
Subject: Variance Application No. WW 174 Docket No. OS-VWW-OS'~J
Elimination of Large Capacity Cesspool
at the Kona Villa Condominium
77-6439 Sea View Circle, Kailua-Kona, Hawaii
TMK: (3) 7-7-015: 078
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings of
Fact and Conclusions of Law.
if you disagree with our proposed decision, please call Mr. Hazold Yee, Chief of the Wastewater
Branch at our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300 no later
than the close of business on Friday October 14, 2005. If we do not hear from you by the
above date, the drab will be finalized. If you wish to discuss our decision and add any additional
information, please call our office before the above date.
Sincerely,
THOMAS E. ARIZL~~~aCHIEF
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: CleanWa[erBranch
Environmental Planning Office
Safe Dunking Water Branch
Department of Water Supply -County of Hawaii
District Health O1Fice - I~lilo
W stewa[erBranch-Kona Staff Engineer S~/-
~waii County Council COmm. hfo. r!
Ref, To:
Raf. pata.~.~-._205
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-08
Variance Application No. WW 174 )
for Individual Wastewater System )
Conversion of ) DRAFT -SIGNATURE NOT REQUIRED
Large Capacity Cesspool at the )
Kona Villa Condominium )
77-6439 Sea View Circle )
Kailua-Kona, Hawaii )
TMK: (3) 7-7-015: 078 )
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 I1-62, Section 11-62-31.1(a)(1)(A), 11-62-31.1(a)(2)(A) and 11-
62-31.1(a)(2)(D) is hereby GRANTED with the following provisions:
1. Plans for each treatment PvVS 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. The septic tanks serving the three (3 two bedroom dwelling units (South End
Units) shall be enlarged to a minimum size of 1,500 gallons to accommodate the
three dwelling units connected to a single septic system.
3. If seepage pits are used for effluent disposal, than each septic tank shall be fitted
with an efl7uent filter(s).
4. If the existing cesspools are abandoned, abandotnnent shall comply with the
requirements of the Underground Injection Control program of the Safe Drinking
Water Branch. If the existing cesspools are retained and used as seepage pits,
then the seepage pits shall be properly permitted by the Underground Injection
Control program of the Safe Drinking Water Branch.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required.
' Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-OS
Variance Application No. WW 174 )
for Individual Wastewater System )
Conversion of ) DRAFT -SIGNATURE NOT REQUIRED
Large Capacity Cesspool at the )
Kona Villa Condominium )
77-6439 Sea View Circle )
Kailua-Kona, Hawaii )
TMK: (3) 7-7-015: 078 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Mr. R.T. "Doc" Halliday, Property Manager of Kona Villa
Condominium for a five (5) year variance from Hawaii Administrative Rules (HAR),
Section 11-62-31.1(a)(1)(A), 11-62-31.1(a)(2)(A) and 11-62-31.1(a)(2)(D) was reviewed by the
Department of Health staff. A public notice of the application was printed in the April 23, 2005
issue of the Honolulu Star Bulletin and the Apri124, 2005 issue of the West Hawaii Today
publications. Three (3) comments pertaining to the application were received during the 30 days
following the publication of the public notice.
Findings of Fact
The individual authorized to act for the applicant, Mr. R.T. "Doc" Halliday, Property
Manager of Kona Villa Condominium located in Kailua-Kona, Hawaii, requests
a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(1)(A)
pertaining to residential developments, 11-62-31.1(a)(Z)(A) pertaining to developments
involving buildings other than dwellings and 11-62-31.1(a)(2)(D) pertaining to the total
wastewater flow into each individual wastewater system not exceed 1;000 gallons per day.
The applicant is requesting to be allowed to convert large capacity cesspools at the Kona
Villa Condominiums located at 77-6439 Sea View Circle, Kailua-Kona, Hawaii, TMK:
(3) 7-7-015: 078 into septic systems.
The applicant has made the following statements.
1. Requested variance is for HAR Section 11-62-31.1(a)(1)(A): The total are of the
subject property is 7531 square feet. The property consists of one (1) building
housing five (5) -two (2) bedroom units. An active cesspool serves three (3) S.
units, and another active cesspool serves two (2) N. units. It is proposed to
Kona Villa Condominium Varianre Application W W 174, Docket No. OS-V W W-08, Findings of Fa.^t and Conclusions of Law, Pg 1
convert both these cesspools into seepage pits for new 1250 gallon septic tanks.
2. The area of the lot is 7531 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 1200
gallons per day.
4. 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.
5. 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.
6. 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.
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 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.
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. 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.
10. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
11. The variance is requested for the maximum of five (5) years.
A site map was attached to the application for variance but is not shown here. The maps
can be viewed by calling or writing to the Wastewater Branch, 919 Ala Moana
Kona Villa Condominium Variance Application W W ]74, Docket No. OS-VW W-08, Findings of Fad and Conclusions of law, Pg 2
Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808)586-4294 or fax
(808)586-4300.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application if can not connect to sewer.
2. The Safe Drinking Water Branch submitted the following comments:
A. The property is situated makai or below the UIC; therefore it overlies an
aquifer that is 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 retention of the LCCs as seepage pits will require a UIC permit. The
owner/operator must contact the UIC program at (808)586-4258 for
permit applications;
D. Backfilling and abandonment of an injection well LCC must be under the
written instructions from the UIC program. Unauthorized backfilling and
abandonment may be subject to re-excavation and proper backfilling and
witnessing. Use the appropriate form to file for injection-well
abandonment; and
E. If a variance is granted, appropriate conditions should be imposed that
insure proper operation and maintenance of the septic systems.
F. Because the proposed improvement is being driven by the federal ban on
large-capacity cesspools, we have no objection to granting the variance.
Please contact Jamie Rimando Norris Uehara 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
treatment IWS shall be approved in writing before being placed into
service.
B. If seepage pits are used, than each septic tank shall be fitted with an
effluent filter(s).
C. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Kona Villa Condominium Variance Application W\4 174, Dockel No. OS-V W W-O8, Findings of Fact and Conclusions of raw, Pg 3
Branch.
D. 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:
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 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. The septic tanks serving the three (3), two bedroom dwelling units (South End
Units) shall be enlarged to a minimum size of 1,500 gallons to accommodate the
three dwelling units connected to a single septic system.
3. If seepage pits are used for etlluent disposal, than each septic tank shall be fitted
with an eflluent filter(s).
4. If the existing cesspools are abandoned, abandonment shall comply with the
requirements of the Underground Injection Control program of the Safe Drinking
Water Branch. If the existing cesspools are retained and used as seepage pits,
then the seepage pits shall be properly permitted by the Underground Injection
Control program of the Safe Drinking Water Branch.
5. The project shall connect to the County sewer service system should it become
available to the area.
Kona Villa Condominium Variance Application W W 174, Docket No. OS-VW W-08, Findings of Fact and Conclusiona of Law, Pg 4
DATED: Honolulu, Hawaii,
Draft -Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kona Villa Condominium Variance Application W W 174, Docket No. OS-V W W-O8, Findings of Fact and Conclusions of law, Pg 5
h t / n n
1~ansmittal Date: ~ Suspense Date: / o
Wastewater Branch - Variance A lication No. WW Docket No. d S- VWW -O.
Name/Title nQ vi (a n
SUBJECT: _
_ Cover Letter, Public Notice 8r Variance Application
DYaft DPC731nT rAVP_T Lot±a,~ 1~0/!lchrm SL (~w,i op y,:.i L'~nd7nn~ .,F F...ra` 1 'vne v, Lair
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Final Decision Cover Letter, Si ed Decision & Order and Findings of Fact 8r Conclusions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas 8 Arizumi
Attorney General's Office, AG Mark Bennet, De t Mark McConnel, De Ben Roberts
Clean Water Branch -Denis Lau
Environmental Plannin Office - .
Safe Dr' Water Branch -William Won
Sanitation Branch -Commercial Pro roes Onlyl
Wastewater Branch Nei hbor Island Staff - 1'jQ/ IrDV)'~ G(
Board 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 artment of Water Ernest Y.W. Lau
District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
District Heakh Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervising Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian .
Oahu Nei hborhood Board •
City 8r County of Honolulu, Department of Plane' & Permittin
~E Q1i U
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice &r Variance Application, please check one box:
[ j Recommend to GRANT this variance application.
[ j Recommend to DENY this variance application.
Please feel free to submit comments when returnin this route sli to the address listed below.
Regarding the DRAFT Decision, please feel free to write corrections/canunents on the attached
documents and/or submit formal comments in writin to the address listed below.
Regarding the FINAL SIGNED Decision, the attached is for your information file. Please file or
dzccard at your discretion. Thank you.
Please fee] free to submit comments to: Mr. Harold Yee, Chief, Wastewater Branch, 919 Ala Moans Blvd.
Room 309, Honolulu, Hawaii 968'14-4920 or phone (808) 58'6-4294 fax (SOS 586-4300.
Received by W WB variance route slip.doc as of 2/10/2005 vww