HomeMy WebLinkAboutCOM 0540.000 2004-2006 S j~ ~1
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LINDA LINGLE : f L CHIVOME 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 968D1-3379 File:
October 17, 2005
W W 195 Final Dec CL
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CERTIFIED MAIL 7002 3150 0001 6551 0378
RETURN RECEIPT REQUESTED ` ~
Mr. Peter Dahlberg
Civi] Engineer
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740 ,v
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 195 Docket No. OS-VWW-29
Owner -Jim Edmonds -Use of an Individual Wastewater System (PJVS) to Serve
Multiple Dwellings
Off Hawaii Belt Road, Papaaloa, Hawaii
TMK: (3) 3-5-004: 008 10.46 acres
Please find enclosed the Department of Health's Decision and Order regazding the above mentioned
application for variance request which was GRANTED on September 27, 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.
Sincerely,
THOMAS E. IEF
Environment Manage Ision
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
ec: Clean Water Branch
District Health Office -Hilo
Environmental Plaztrting Offtce
Safe Drinking Water Branch
Department of Water -County of Hawaii ~uo 1
I/f;awaii County Council COlnm. No. 77
Wastewater Branch - Flilo Staff Engineer Re{, TO,
Ref. pate N V ~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-29
Variance Application No. WW 195 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
(IWS) to Serve Multiple Dwellings )
offHawaii Belt Road, Papaaloa, Hawaii )
TMK: (3) 3-5-004: 008 10.46 acres )
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 I 1-62, Section 11-62-03 and 11-62-31.1(b)(1) 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 treatment IWS shall be
approved in writing before being placed into service.
2. If seepage pits are used for effluent disposal, each septic tank shall befitted with
an effluent filter(s).
3. If a soil absorption bed/trenches is used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch.
4. The variance is only granted for the replacement of a large capacity cesspool
serving the three existing dwellings (2 - 2 bedroom dwelling and a 1 bedroom
dwelling) on the property. The owner shall also execute a covenant to the
property deed restricting the addition of any bedrooms or bedroom like rooms to
the existing three dwellings.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 27, 2005
Thomas E. mi, P.E
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Maiter of the Application ) Docket No. 05-VWW-29
Variance Application No. WW 195 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
(IWS) to Serve Multiple Dwellings )
off Hawaii Belt Road, Papaaloa, Hawaii )
TMK: (3) 3-5-004: 008 10.46 acres )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Jim Edmonds of Papaaloa, Hawaii, for a five (5) yeaz variance from
Hawaii Administrative Rules, Chapter 62 of Title 11, Sectionl 1-62-03 and 11-62-31.1(b)(1) was
reviewed by the Department of Health staff, and a public notice of the application was printed in
the July 20, 2005 issue of the Honolulu Star Bulletin and the July 21, 2005 issue of the Hawaii
Tribune Herald 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. Peter Dahlberg, Civil Engineer,
has applied for afive-year variance from the
Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states "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. ](b)(1) which states "The director
may allow an individual wastewater system other than a cesspool to be used for two dwelling
units which may or may not be located within the same building provided: (A) Both of the
dwelling units are located on the sam single family residential lot; and (B) The individual
wastewater system used shall meet the current requirements of this chapter,"
The applicant has stated that the property identified as TMK: (3) 3-5-004: 008 in
Papaaloa, Hawaii contains three dwellings (two - 2 bedroom cottages and one 1-bedroom
Jim Edmonds Variance Application W W 195, Docket No. OS-V W W-29, Findings of Facl and Conclusions of law, Page 1
cottage) which are served by a single cesspool. The total expected wastewater flow is less than
1000 gpd and the lot area is greater than 10,000 square feet.
The applicant has made the following comments.
1. The area of the lot is -450,000 square feet.
2 The existing large capacity cesspool must 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 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.
5. 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.
6. Prevent loss of jobs. The LCC serving my facility has been in operation for 20
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 offmy employees.
7. 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.
8. 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 eflluent
disposal.
9. The variance is requested for the maximum of five (5) years.
Jim Edmonds Variance Application W W 195, Docket No. OS-V W W-p 9, Findings of Facc and Conclusions of law, Page 2
Septic Tank details were attached to this variance application but were not part of the
public notice due to their size. The details can be viewed by calling or writing the Wastewater
Branch, 919 Ala Moana 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 Safe Drinking Water Branch submitted the following comments:
A. The site is located below the Underground Injection Control (U.C.) line.
There are no program-recorded drinking water wells within 1/4 mile of the
facility;
B. The proposed disposal component of the septic system should be
disclosed;
C. The information in the application is conflicting. First, the applicant
mentions that jobs may be lost if the variance is not granted. However,
the variance is apparently for a property consisting of three (3) dwelling
units. Second, the lot area is large at -450,000 square feet. However,
space restrictions are mentioned as a reason for not upgrading to a
wastewater treatment plant. It appears that the conditions at the subject
property are not being fully disclosed in the application. Because the
information is not clearly explained, we recommend that the variance be
denied; and
D. Application item D.(3) requires an explanation on why compliance with
the rules or standards would produce serious hardship without equal or
greater benefit to the public. No explanation was given. Unless the
applicant can provide a satisfactory explanation, the variance should be
denied.
Please contact Norris Ahura at 586-4258 if you have any questions.
2. The Clean Water Branch submitted the following comment:
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
treatment IWS shall be approved in writing before being placed into
service.
B. If seepage pits are used for efI]uent disposal, each septic tank shall be
lim Edmomk Variance Application W W 199. DocAel No. 05_VWIa'-29, Findings u(Fad anJ Conclusions or Law, Page 3
fitted with an effluent filter(s).
C. If a soil absorption bed/trenches is used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control
program of the Safe Drinking Water Branch.
D. The variance should only be granted for the replacement of a large
capacity cesspool serving three existing dwellings as claimed by the
applicant. The owner should also be required to execute a covenant to the
property deed restricting any additional bedrooms or bedroom like rooms
from being added to the existing three dwellings.
E. 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®, states that no variance shall
be granted by the Department unless the application and supporting information clearly show
that:
I. 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. Each septic tank shall be fitted with an effluent filter(s).
Jim Edmonds Variance Application W W 195, Docket No. OS-V W WQ9, Findings ofFacl and Conclusions of Law, Page 4
3. If a soil absorption bed/trenches is used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch.
4. The variance is only granted for the replacement of a large capacity cesspool
serving the three existing dwellings (2 - 2 bedroom dwelling and a I bedroom
dwelling) on the property. The owner shall also execute a covenant to the
property deed restricting the addition of any bedrooms or bedroom like rooms to
the existing three dwellings.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 27. 2005
~C,~
Thomas E. mi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Jim Edmonds Varia~ue Application WW 195, Docket No. OS-V W W-29. Findings of Fan and Conclusions of Law, Page 5
it
Transmittal Date: ALT 2~ ~ `Z~05 Suspense Date:
Wastewater Branch Variance Application No. WW Docket No. 0~ - VWW -
Name/Title .m {rY] ph
SUBJECT:
Cover Letter, Public Notice 8r Variance Application
Draft Decision Cover Letter, Decision $ Order and Findin s of Fact BrConclusions of Law ~I
X Final Decision Cover Letter, Si ed Decision 8r Order and Findin s of Fact & Conclusions of Law ~
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Ariaumi
Attorne General's Office, AG Mark Bennet, De ty Mark MCConnel, De t Ben Roberts
Clean Water Branch- Denis Lau .
Environmental Plannin Office - (7 •
Safe Drinkin Water Branch -William Won
Sanitation Branch -Commercial Pro rties Onl
Wastewater Branch Nei hbor Island Staff -
[ j Board of Water Supply -Clifford Jamille
[ ~ ]County of Hawaii Dept of Water Supply -Milton Pavao
[ ]County of Maui Dept of Water Supply -George Y. Tongan
[ ]Kauai County Department 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 -Hilo -Aaron Ueno, Chief Sanitarian ~ ~
Oahu Nei hborhood Board ~
City Pi County Honolulu, Department of Plannin & Permitt'
County of Councils ~
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8r Variance Application, please check one box;
[ ] Recommend to GRANT this variance application,
[ ]Recommend to DENY this variance application
Please feel free to submit comments when returnin this route slip to the address listed below.
Regarding the DRAFT Decision, please feel free to write corrections/comments on the attached
documents and/or submit formal comments in writin to the address listed beknv.
X Regarding the FINAL SIGNED Decision, the attached is for your information file. Please file or
discard at your discretion. Thank you.
Please feel free to submit comments to; Mr, Harold Yee, Chief, Wastewater Branch„ 919 Ala Moana Blvd.
Room 309, Honolulu, Hawaii 968'14-4920 or phone (8'08') 58'6-4294 fax (808') 58'6-4300.
Received by W WB __/_J/ variance route sGp.doc as of OS/12/2005 vww