HomeMy WebLinkAboutCOM 0515.000 2004-2006 t/~.-^.M9
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LINDA LINGLE 1 CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII
DIRECTOR OF HEALTH
/(0®1
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3376 In reply, please refer to:
HONOLULU, HAWAII 96601-3376 File:
.ci2ptOiubcr 26, 't~~[
W W 186 Draft Dec CL
D:C3 - WB050959
Mr. Peter J. Dahlberg '
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 186 'Docket No. OS-VWW-20
The Use of a New 3000 Gallon Septic Tank for Royal Kona Coffee Company
Visitor Center, 83-5443 Mamalahoa Highway, Captain Cook, Hawaii
TMK: (3) 8-3-010: 015
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.
A stated previously, we have not been able to locate your check #1256 for $300.00 We
recommend yoLt cancel check #1256 and submit a new check for $100.00 which is the remaining
balance of the variance application fee payable to State of Hawaii. We will not forward the
Final Decision unless the remainder is paid.
Also, if you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the
Wastewater Branch at our direct toll free telephone number 974-4000 ext. 64294, (on Oahu 586-
4294) fax (808)586-4300 no later than the close of business on Friday October 21, 2005 (or
pending the submittal of the remaining $100.00). If you wish to discuss our decision and add
any additional information, please call our office before the above date.
Sincerel
THOMAS E. ARIZUMI, CHIEF
Environmental Management Division
Enclosures: Drag Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe llrinking Water Branch
Department of Water Supply -County of Hawaii ~Qfifi. ~a•
Dishict Health Office -Hilo
~tlf' TOt nrT 1 7
5
Wt stewater Branch -Kona StaLi Engineer ~~f, [late
~waii County Council
Mr- Tim L,en}:m't, Attention Mr. Tcny Ikehara
STATE OF HAWAII
DEPARTP?IENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-20
Variance Application No. WW 186 )
for Individual Wastewate¢ syst~rri )
The Ilse of a New 3000 Gallon Septic ) DRAFT - SIt3NATURE NOT REQUIRED
Tank for Royal Kona Coffee Company )
Visitor Center )
83-5443 Mamalahoa Highway )
Captain Cook, Hawaii )
TMK: (3) 8-3-010: 015 )
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 1 I-62-03 and Section 11-62-31.1(a)(2)(A) 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 ireatsnent
1WS shall be approved in writing before being placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. Underground Injection Control (UIC) permit shall be required for the seepage pit
(converted cesspool) that receives more than 1,000 gallons per day (gpd) of
domestic or domestic-like wastewater.
4. If any of the existing cesspools are abandoned, procedures for abandonment shall
follow the criteria established by the UIC program of the Safe Drinking Water
Branch or the Wastewater Branch which ever is applicable.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, _
Draft ~ Signature NQT reiuuec
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-20
Variance Application No. WW 186 )
for Individual Wastewater System )
The Use of a New 3000 Gallon Septic ) DRAFT -SIGNATURE NOT REQUIRED
Tank for Royal Kona Coffee Company )
Visitor Center )
83-5443 Mamalahoa Highway )
Captain Cook, Hawaii )
TMK: (3) 8-3-010: 015 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the lluesenberg Investment Co (c/o Paradise Beverages) of 94-1450
Moaniani Street, Waipahu, Oahu, Hawaii for a five (5) year variance from Hawaii
Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(a)92)(A) was
reviewed by the Department of Health staff. A public notice of the application was printed in
the August 19, 2005 issue of the Honolulu Star Bulletin and the August 24, 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.
FindinQS of Fact
The individual authorized to act for the applicant, Mr. Peter J.K. Dahlberg, P.E., has
applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03
Definitions which state "Individual wastewater system means a facility which is designed to
receive and dispose of no more than 1000 gallons per day of domestic wastewater. Individual
wastewater systems may involve treatment processes and include, but are not limited to, septic
tanks and household aerobic units with disposal system and cesspools. Each individual
wastewater system shall be an independent system and shall have all of its plumbing, treatment
(if any), and disposal components separate from any other wastewater system." and Section 11-
62-31.1(a)(2)(A) which states "Developments involving buildings other than dwellings, the
wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of
usable land area which shall not include the area under the buildings." The applicant is
requesting the use of a new 3000 gallon septic tank system designed in accordance with flows
typical for a visitor center/retail business for Royal Kona Coffee Company, located at 83-5443
Mamalahoa Highway, Captain Cook, Hawaii ,and identified as TMK: (3) 8-3-010: 015. The
Royal Kona/Hayashi Bldg Variance Application W W 186, Docket No. OS-V W W-20, Findings of Fact and Conclusions of Law, Pg I
existing cesspools serving the building has been found to be operating properly and will be
converted to a seepage pit for septic effluent.
The applicant has made the following statements.
1. the area of the loc is i x9,445 square feet.
2. 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 2650
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 4 years in this location using the existing
cesspool. The installation of a wastewater treatment plant in lieu of a septic
system will rtot be possible due'to space restrictions and may force the owner to
abandon the business operation.
6. The current cesspool is operating properly. The addition of a new septic tank
with effluent filter will improve effluent quality and comply with the EPA UIC
regulation, and ban of Large Capacity Cesspools.
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. Prevent loss ofjobs. The LCC serving my facility has been in operation for 4
years. The current State requirements of a wastewater treatment plant would
significantly add to the construction cost, as well as require a much greater
ongoing maintenance cost. I (owner) may be forced to close my existing business
and lay off my employees.
9. 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.
Royal Kona/Hayashi Bldg Variance Application \l' W 186. Docket No. OS_V W W'-2(1, Findings of Fact and Conclusions of Law, pg 2
10. 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.
11. The variance is requested for the maximum of five (5) years.
The following agencies submitted the following comments:
1. The Safe Drinking Water Branch submitted the following comments:
A. The subject property is situated "mauka" of above the Underground
Injection Control (UIC) line; therefore, the property overlies or recharges
a potential underground source of drinking water. Chapter 11-23, the UIC
rules, prohibits new sewage injection wells above the UIC line;
B. There is a drinking water source well (Ke'ei 4 Well, identified as Well
No. 2753-03) located less than 1500 feet from the subject property;
C. UIC permitting requirement is required for an injection-well cesspool to
be retained as an injection-well seepage pit that receives over1,000 gallons
of wastewater per day on any given day. Operating any such injection-
well seepage pit without a UIC permit is a violation of Chapter 1 I-23 and
is subject to a penalty and corrective action;
D. Because the proposed upgrade of the large -capacity cesspools into a
septic system (septic tank with seepage pit) is being driven by the federal
ban on large-capacity cesspools, we have no objection to granting the
variance. However, the facility must apply for a UIC permit for the
injection-well seepage pit; and
E. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance ofthe septic system.
Please contact Jamie Rimando at telephone (808)586-4258 if you have any
questions.
2. The District Health Office -Hilo submitted the following comments:
We recommend to grant this variance application.
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
Royal Kona/nayashi Bldg Variance Application W W 186, Docket No. DS-VW W-20, Findings of Fact and Conclusions of Law, Pg 3
treatment IWS shall be approved in writing before being placed into
service.
B. Each septic tank shall be fitted with an effluent filter(s).
L. The existing cesspools shall be abandoned per the requirements of the
Underground injection Controi program of the Saie Drinking n%aier
Branch.
D. The pr ejed 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
it ~ ~ ' "ie5" t ^ t:C ^d nrfi i r tin Cl rw eh w
~e granted by the ..epa ,menu ~ he appli, a u a.. supp., .ng .n o.ma....n ea.., o..
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. If wastewater effluent is disposed of into seepage pit(s), that each septic tank shall
befitted with an effluent filter(s).
3. An Underground Injection Control (UIC) permit is required for any seepage pit
(converted cesspool) that receives more than ],000 gallons per day (gpd) of
domestic or domestic-like wastewater.
Aoyal Kona/I Iayashi Rldg Variance Applicolion 14N' 18G, Dockcl No. OS-V W W$0, Findings of FaA and Conclusions of law, Pg 4
4. If any of the existing cesspools are abandoned, procedures for abandonment shall
follow the criteria established by the UIC program of the Safe Drinking Water
Branch or the Wastewater Branch which ever is applicable.
S. The project shall connect to the County sewer service system should it become
availahla to the araa
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.
Royal Kona/Hayachi Sldg Variance Application W W 186, Uocket No. OS-V W W-2Q, Findings of Fact and Conclusions of Iaw, Pg 5
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Director of Health - Chiyome Leinaala Fukino _ ~ ~ ~
De y Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorney General's Office, AU Mark Bennet, Deputy Mark McConnel, D_e~uty
Ben Roberts
f'loan Pvl7ata_r $ranch -Denis Lau ~ -
Environmental Plannin Office -June Harri an Lum__*_
Safe Drinkin Water Branch -William Won ~ _
_ Sanitation Branch -Commercial Pro roes Only! _
Wastewater Branch Neighbor Island Staff - -~,Q{/1 Gt_ _ _ YpV?'1 Q ~
J Board of Water Su 1 Clifford Jamille
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~'ooirntnl of Hawaii Dept of Water S9ipply _ Miltra~ra Pav:io
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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 Sanitarian ~
_ Oahu Neighborhood Board ~
~ City 8r County of Honolulu, Departrnent of Plannin Fx Permitting
a~iC~Ola i~cF:¢~ i!'~:S"d"EY~: _ _ _
Regarding the Cover Letter, Pubflic Notice ~r 'Variance Application, please check one box.
]Recommend to GRANT this variance application.
[ ]Recommend to DENY this variance application.
Please feel free to submit conulments when returning this route slip to the address listed below.
R~~~a~dinq tb~ DRAFT Decisi~sa~ please feel free to write corrections/comments on the attached
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Room ~0~, lonolulu, ila~vaai ~~~1~-~~~0 oi~ phone (~0~~ ~~6-48~~4 fax (8'O~Ya~6-400.
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