HomeMy WebLinkAboutCOM 0539.000 2004-2006 05p \ '
LINDA LINOLE ! CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
RO. BOX 3378 In re
ply, please reFer to:
HONOLULU, HAWAII 96601-3378 File:
October 17, 2005
W
W 192 D`r~t Dec CL
•3~:C3 X18051034
Mr. Stephen J. Herbert
Civil Engineer .
74-5606 Pawai Place, #203
Kailua-Kona, Hawaii 96740
v
Dear Mr. Herbert:
Subject: Variance Application No. WW 192 Docket No. OS-VWW-26
Pualani Terrace AOAO Bldg D, Multiple Residential Studios
81-6587 Mamalahoa Highway, Kealakekua, Hawaii
TMK: (3) 8-1-003: 017
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. Harold 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 November 4, 2005. If we do not hear from you by the
above date, the draft will be finalized. If you wish to discuss our decision and add any additional
information, please call our office before the above date.
Sincerely,
4~ THOMAS UMI F
Environmen Management ivision
Enclosures: Draft Decision and Order
Draft Findings ofFact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Deparunen[ of Water Supply -County of Hawaii
District Health Office -Hilo
Wastewater Branch -Kona Staft'Engineer
./Hawaii CounTy Council pp
Comm No. S 3 -1
Ref. To:
Ref. Date ~j(ly 9
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-26
Variance Application No. WW 192 }
for Individual Wastewater System )
Use of a Large Capacity Septic Tank ) DRAFT -SIGNATURE NOT REQUIRED
at Pualani Terrace AOAO Bldg. D )
Multiple Residential Studios )
82-6587 Mamalahoa Highway )
Kealakekua, Hawaii )
TMK: (3) 8-1-003: 017 )
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 l l-b2, 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 be fitted with
an effluent filter(s).
3. The volume of the septic tank shalt be enlarged to accommodate the four (4)
dwelling units connected to a single septic system.
4. If the existing cesspool is used as a seepage pit for the wastewater system and
receives more than 1000 gpd, the seepage pit(s) shall be properly permitted by the
Underground Injection Control program.
5. If the existing cesspool(s) is abandoned, then abandonment criteria of the
Underground In}ection Contro( program of the Safe Drinking Water Branch or the
Wastewater Branch, which ever is applicable, shall be followed.
Pualani Terrace Variance .\pplication W W 192. Docket No. OS-V W W-2F, Draft Decision & Order, Pagel
6. 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
w
Pualani Terrace Variance Application \\'W 192. Docket No. OS_VWW46, Draft Decision & Order, Paget ~
i
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-26
Variance Application No. VVVV 192 )
for Individual Wastewater System )
}
Use of a Large Capacity Septic Tank ) DRAFT -SIGNATURE NOT REQUIRED
at Pualani Terrace AOAO Bldg. D )
Multiple Residential Studios )
82-6587 Mamalahoa Highway )
Kealakekua, Hawaii )
TMK: (3) 8-1-003: 017 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Pualani Terrace AOA, for a five (5) year variance from Hawaii
Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(6)(1) was
reviewed by the Department of Health staff, and a public notice of the application was printed in
the August 24, 2005 issue of the Honolulu Star Bulletin and the August 17, 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. Stephen J. Herbert, Civil Engineer,
has applied for a variance, for the maximum of five (5) years stated from Hawaii Administrative
Rules (HAR), Section 11-62-03 Definitions and Section 11-62-31.1(b)(1)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 from Section I 1-62-31.1(6)(1) Whenever an individual
wastewater system is allowed under subsection (a) the following shall apply: (1) 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 same single family residential lot; and (B) The individual
wastewater system used shall meet the current requirements of this chapter.
The applicant, Pualani Terrace AOAO (Bldg D) located at 81-6587 Mamalahoa
Highway, Kealakekua, Hawaii TMK (3) 8-1-003: 017 requests the continued use of cesspools
for said property where Bldg. D contains multiple residential studios (4), total expected flow is
less than 1000 gpd, and lot area is greater than 10,000 sf.
Pualani Ten'ace Variance ,~plicniiou \VN' 192. Docket ho. 05.VWW-2G. Findings of Fact and Conclusions of law, Page 1
The applicant has made the following statements.
1. The area of the lot is -170,000 square feet.
2. The proposed septic system to serve the facility would not comply with HAR
Section 11-62-31.1(B)(1}because the IWS would serve more than two (2)
dwelling units. The estimated flow into the system would be 900 gallons per day.
3. The existing large capacity cesspool(s) needed to be closed and rep]ace 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 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.
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 business and day off employees.
7. 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. The owner may be forced to close my existing
business and lay off my employees.
8. The variance is requested for the maximum of five (5) years.
The following agencies submitted the following comments.
1. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The site is located above the Underground Injection Control (iJIC) line.
There are no program-recorded drinking water we]Is within 1/4 mile of the
facility. According to our records, the facility does not have a LJIC
permit;
B. The information in the application is conflicting. First, the applicant
mentions that jobs may be lost if the variance is not granted. However,
Pualaru Terrace Variance Applicalias \A' W 192. Docker No. OS-V W W-2F, Findings of Fact and Conclusions oFLaw, Page 2
the variance is apparently for a building consisting of four (4) dwelling
units. Second, the lot area is large at 170,000 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 is not being fully disclosed in the application. Because the
information is not clearly explained, 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 requirements that
are applicable. Please inform us of the proposed septic system disposal
component; and
D. If the existing cesspool received more than 1000 gallons per day (gpd) of
domestic wastewater, then the cesspool (injection-well cesspool) should
have been registered with a UIC permit. Closure of an injection-well
cesspool must be done in compliance with the UIC regulations.
Furthermore, a UIC permit must be obtained for the continued operation
of the existing injection-well cesspool. If UIC regulations appear
applicable, we recommend that the facility's consultant contact us to
further discuss proper injection-well cesspool closure and compliance
issues.
Please contact 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 for eflluent disposal, each septic tank shall be
fitted with an eflluent filter(s).
C. If soil absorption beds or trenches are used for eflluent disposal, then the
existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Branch or the Wastewater Branch, which ever is applicable.
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:
Pualani Terrace Variance Application W W 192, llocketNo. OS-V W W-26, Findings of Fact 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 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 seepage pits are used for effluent disposal, each septic tank shall be fitted with
an effluent filter(s).
3. The volume of the septic tank shall be enlarged to accommodate the four (4)
dwelling units connected to a single septic system.
4. If the existing cesspool is used as a seepage pit for the wastewater system and
receives more than 1000 gpd, the seepage pit(s) shall be properly permitted by the
Underground Injection Control program.
5. If the existing cesspool(s) is abandoned, then abandonment criteria of the
Underground Injection Control program of the Safe Drinking Water Branch or the
Wastewater Branch, which ever is applicable, shall be followed.
6. 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
The foregoing findings of fact and conclusions of law are hereby adopted.
Pualani Terrace Variance Application W W 192, Docket No. OS-V~4 W-26, Findings of Paa and Conclusions of Law, Page 4
Transmittal Date: ~ Suspense Date:
Wastewater Branch Variance Application No. WW yDocket No. - VWW
Name/Title
SUBJECT:
Cover Letter, Public Notice 8r Variance Application
X Draft Decision Cover Letter, Decision 8r Order and Findin s of Fact &rConclusions of Law
Final Decision Cover Letter, Si ed Decision & Order and Findin s 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 E. Arizumi
Attorney General's Office, AG Mark Bennet, De ty Mark McConnel, De Ben Roberts
Clean Water Branch -Denis Lau i
Environmental Plannin Office - O '
Safe Drinkin Water Branch -William Wong _
Sanitation Branch -Commercial Pro roes Only!
Wastewater Branch Neighbor Lsland Staff - ~ 1~1 ~ !
( ]Board of Water Supply -Clifford Jamille
[ ?4] County of llawaii Dept of Water Supply -Milton Pavao .
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ J Kauai County Department of Water ~@si
`z'-.`?r.
udu
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
[ J~ ]District Health Office -Hilo -Aaron Ueno, Chief Sanitarian • i
Oahu Nei hborhood Board ~
City $ County of Honolulu, Department of Planning &r Permitting
County of Council . _
ACTION REQUESTED: _
Regarding the Cover Letter, Public Notice 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 returning this route sli to the address listed below. ~
X Regarding the DRAFT Decision, please feel free to write corrections/comments on the attached
documents and/or submit formal comments in writing to the address listed below.
Regarding the FINAL SIGNED Decision, the attached is for your information/file. Please file or
dotard 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 96814-4920 or phone (808) 586-4294 fax (808) 586-4300.
Received by WWB variance route slip.doc u of 05/12/2005 vww