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LINDA LINGLE ~ CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII
a li `~y° DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII96801-3378 File:
October 17, 2005
WW ]96 Final Dec CL
D:C3 w6051045
CERTIFIED MAIL 7002 3 ] 50 OOOI 6551 0385
RETURN RECEIPT REQUESTED
Mr. Peter Dahlberg
Civil Engineer
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg: -
Subject: Variance Application No. WW 196
Docket No. OS-VWW-30
Use of IWS for Restaurant /Food Establishment
Atsugi Planned Management, Hawi - Niulii Road, Hawi, Hawaii
TMK: (3) 5-5-009: 076
Please find enclosed the Department ofHealth's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on September 26, 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 to]] free
telephone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
F®~ THOM~ ZUMI, P F
Environmen al Management tvtsion
Enclosures: Final Decision and Order
Findings of Pact and Conclusions of Law
ec: Clean Water Branch
District Health Office -Hilo
Enviromnental Planning Office
Safe Dunking Water Branch '
~D e~artment of Water -County of Hawaii Comm. IJO,~
,Hawaii County Council Ref, To; _
Wastewater Branch -Kona Sal}~L'nginecr Rc1f. Late
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ~ ) Docket No. OS-VWW-30
Variance Application No. WW 196 )
for Individual Wastewater System(IWS) )
Use of IWS for Restaurant /Food )
Establishment )
Atsugi Planned Management )
Hawi - Hiulii Road, Hawi, Hawaii )
TMK: (3) 5-5-009: 076 )
DECISION AND ORDER
Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11, Hawaii
Administrative Rules and based upon the application and staff review, the Variance Request
from the provisions of Chapter 11-62, Section 11-62-03 and 11-62-31.1(a)(2)(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. If seepage pits are used for effluent disposal, each septic tank shall be fitted with
an ellluent filter(s).
3. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit
for the wastewater system, the seepage pit(s) shall be properly permitted by the
Underground Injection Control program.
4. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter I 1-62.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 26. 2005
Fay c~~
Thomas E. Ar', i, P.E.
Chief, Enviro ental Manag Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-30
Variance Application No. WW I96 )
for Individual Wastewater System (IWS) )
Use of IWS for Restaurant /Food )
Establishment )
Atsugi Planned Management )
Hawi - Hiulii Road, Hawi, Hawaii )
TMK: (3) 5-5-009: 076 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Atsugi Planned Management, for a five (5) year variance from
Hawaii Administrative Rules, Chapter 62 of Title 11, Section I 1-62-03 and ] 1-62-31.1(a)(2)(D)
was reviewed by the Department of Health staff, and a public notice of the application was
printed in the 7uly 14, 2005 issue of the Honolulu Star Bulletin and the July 21, 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.
Findings of Fact
The individual authorized to act for the applicant, Peter J.K. 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-
62-311(a)(2)(D) which states "The total wastewater flow into each individual wastewater
system shall not exceed 1,00 gallons per day".
The applicant is requesting a variance for HAR Section 11~•b2-31.1(a)(2)(D), as the flow
into the proposed IWS exceeds 1000 gpd. The projected flow is 1800 gpd. The proposed
treatment unit is a 2000 Gallon Septic Tank with Effluent Filters. The project is a restaurant 1
<LLcugi Planned Mxnagemrnt - V arianee Application W W 196, Docket No. ~ 5-V W W-30,
Findings o(F'acI and Cmulusions of law, Paet I
food establishment located at Hawi - Niulii Road, Hawi, Hawaii, and identified as TMK: (3) 5-5-
009: 076.
The applicant has made the following statements.
1. The area of the lot is 20,971 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 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 1800
gallons per day.
3. The existing large capacity cesspool(s) must be closed and replaced with a new
treatment individual wastewater system by Aprii S, 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 40 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 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 40+
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.
8. The existing LCC will be upgraded to an IW5 (septic system). The IWS will
provide a better treatment system prior to e(Iluent 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
Alsugi Plamied Alanagemenl -Variance Application W W 196, Docket No. OS-VW W-30,
Findings o(Fad and Conclusions of law, Page 2
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 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 site is located above the Underground Injection Control (UIC) line.
There are no program-recorded drinking water wells within 1(4 mile of the
facility.
B. The notice states, "The area of the lot is 20,971 square feet. This is
insufficient to meet the minimum land area requiremettt for PNS
utilization which is one IWS per 10,000 square fee to lot area." However,
20,97] square feet appears sufficient to meet the land area requirements
for two (2) IWSs. If this misstatement is the primary basis for requesting
this variance, we recommend that the variance be denied;
C. The public notice is unclear as to the disposal component of the proposed
septic systems. If the existing cesspool is to be retained as a seepage pit
for the septic system, then we may have UIC regulatory concerns that may
need to be addressed. Please inform us of the proposed septic system
disposal component; and
D. If the existing cesspool had received greater than 1000 gallons per day
(GPD), then the cesspool (injection-well cesspool) should have been
registered with a UIC permit. The continued operation of an injection-
well cesspool as a seepage pit would require a UIC permit. The
abandonment of an injection-well cesspool would require UIC program
oversight. We recommend that the facility's consultant contact us to
further discuss UIC compliance issues.
Please contact Norris Uehara at 586-4258 ifyou have any questions.
2. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application.
3. The District Health Office -Hilo submitted the following comments:
Recommend to grant this variance application.
ALSUgi Planned Alauagemenl -Variance ;~ppliealion N'W 19G, Dockzl No. OS-V W W-30,
Findings of Nacl and Conclusions oflaw, Pagc 3
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. If seepage pits are used for effluent dispoasal, each septic tank shall be
fitted with an effluent filter(s).
C. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control
program ofthe Safe Drinking Water Branch.
D. The project shall connect to the County sewer service system should it
become available to the area.
E. All food waste wastewater shall be properly pre-treated prior to entering
the septic tank.
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-b(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:
Atsugi Planned Management -Variann Application W W 196, Docket No. OS-VW WdO,
Findings of fact and Conclusions of law, Page 4
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 efrluent disposal, each septic tank shall be fitted with
an etlluent filter(s)_
3, If a soil absorption bed(leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit
for the wastewater system, the seepage pit(s) shall be properly permitted by the
Underground Injection Control program.
4. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter 11-62.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 26, 2005
f i;"
Thomas E. Ari i, P.E.
Chief, Environ ental Managem rvision
The foregoing findings of fact and conclusions of law are hereby adopted.
Aisugi Plarmed ManagemenLVariance ,4Pplication WW 196, nockel No. OS-VWW-30,
Findings of Fact end Conclusions of [tag Page 5
III
~ansmittal Date: ~ Suspense Date:
Wastewater Branch Variance Application No, WW Docket No. _ VWW _
Name/Title t h M
I
SUBJECT: ~I
Cover Letter, Public Notice Variance Application
Draft Decision Cover Letter, Decision Fr Order and Find' s of Fact 8rConclusions of Law
X Final Decision Cover Letter, Si ed Decision 8r Order and Findin s of Fact $c Conclusions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorney General's Office, AG Mark Bennet, De ty Mark McConnel, De Ben Roberts
Clean Water Branch -Denis Laue
Environmental Plannin Office -
Safe Drinkin Water Branch -William Won •
Sanitation Branch -Commercial Pro roes Only!
Wastewater Branch Nei hbor Island Staff - - F
j J Board of Water Supply -Clifford Jamille
I X 1 County of Hawaii Dept of Water Supply -Milton Pavao
] ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County Department of Water --zm+essr'."rv;
ena- ~]WCI,~'t~
[ ]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 8~ County of Honolulu, De artment of Plann' Fi Pernittin
~ County of ! ( Council .
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. i
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 below.
X Regarding the FINAL SIGNED Decision, the attached is for your informationlfile. Please file or
discard at your discretion. Thank you,
I
Please fee] free to submit comments to: Mr. Harold Yee, Chief, Wastewater Branch, 919 Ala Moana Bh-
Room 309, Honolulu, Hawaii 96$14-4920 or phone (808) 5$6-4294 fax ($O$) 5$6-4300. II
Received by W WB ~•ariance route slip.doc as of 05/12/2005 vww