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Home My WebLink AboutCOM 0542.000 2004-2006 4.~. 4 \BSG ~ t1~ LINDA LINGLE ` CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH ee STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer lo: HONOLULU, HAWAl19fi801-3378 File: October 17, 2005 - D:V~W 203 EI;T CL.wpd C3`wb051043 Mr. Peter J.K. Dahlberg ` - Civil Engineer 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 Dear iVlr. Dahlberg: ` Subject: Variance Application No. WW 203 Docket No. OS-VWW-37 Use of an Individual Wastewater System Exceeding 1000 gpd Paniolo Country Inn 65-1214 Lindsey Road Kamuela, Hawaii TMK: (3) 6-5-005: 021 18,512 sf The Department has reviewed your preliminary application for the variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section ] 1-62-41, a public notice of this proposed activity is required. Enclosed is a copy of the required public notice. Please read the public notice and contact the Department of Health Wastewater Branch if any discrepancies or corrections are required. If the public notice is satisfactory, the public notice is required to be published in the Honolulu Star- Bulletin and West Hawaii Today one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice: Honolulu Stnr Bulletin, .i00 AlaMoana Blvd., Seven Waterfront Plaza Suite 500, Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826, email ashley(cr~starbailletin.com West Hmvaii Today, P.O. Box 789, Kaih~a-Ko~7a, Hawaii 96745, phone (808)329-9311, fax (808)329-3659 email Mogan@westhawaiifoday.com Failure to have this notice published no later than three (3) weeks upon receipt of this letter, may result in a greater delay of the final decision of this application for variance. All publication costs are the responsibility of the applicant. You must submit the origna! certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteenC(15) Comm. No. S Z' Ref. To: Ref. pat Mr. Dahlberg October 17, 2005 Page 2 days after the publication date. You may make a copy for your records. Please be advised that, pursuant to Chapter 342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed a receipt for your variance application for the amount of $300.00. If you have any questions regarding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, ~0$ THOMAS . ARIZ , P. . Chief, Environmental ement Division Enclosures: Receipt No. 13821 Public Notice c: Clean Water Branch Environmental Planning Ollice Safe Drinking Water Branch Department of Water Supply -County of Hawaii District Health Oftice -Hilo ~awaii County Council Wastewater Branch -Kona Sta(T Enginccr WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 203 DOCKET NO. OS - V W W - 37 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Bank ofHawaii -R Smart Trust, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions ,Individual Wastewater System 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 11-62-31.1(a)(2)(D) which states "The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day." Mr. Peter J.K. Dahlberg, Civil Engineer, is the individual authorized to act for the applicant. The applicant is requesting the use of an individual wastewater system which exceeds 1000 gpd for the Paniolo Country Inn, a restaurant f food establishment located at 65-1214 Lindsey Road, Kamuela, Hawaii, TMK: (3) 6-5-005: 021. Projected wastewater flow from the business is 2490 gpd. Proposed treatment unit to be used is a 3000 Gallon Septic Tank with Effiuent Filter. The applicant has made the following comments. 1 The area ofthe (usable) lot (area) is 18,512 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 I 1-62-03 because the IWS would receive more than 1,000 gallans per day of wastewater. The estimated flow into the system would be 2490 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 ofa 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 LCC. Therefore minimizes impact to the environment. 7. Prevent loss ofjobs. 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 off my employees. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to eflluent 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 providegreaterprotection 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 owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter I 1-62 such as small aerobic wastewater treatment plants. 11. The variance is requested for the maximum of five (5) years. Ifyou would like to view the full application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808)586-4294 or fax (808)586-4300 to obtain a copy or facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. CHIYOME L. FLJKINO, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. W W 2.Q3 Environmental Management Division Docket No.~ - V W W - APPLICATION FOR VARIANCE -Primarily Concernine Large Capacity Cesspools Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004) Submit the original, one (1) copy and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 (808)586-4294 Attachments are allowed, but preferred in 8 'h" x 11" format (for copying purposes). I. GENERAL INFORMATION (please print or type) A. Name: Bank of Hawaii (as Trustee - R. Smart Trust) (Corporation, company, agency, firm, etc. seeking variance) Mailing address: 130 Merchant Street Honolulu HI 96813 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool -LCC) Non-KesidentialLCC I Retail Business t" Visitor Center f` Church Simplified Form: ~tpplicationJor HAR Chapter //-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 1 Prepared (or Bank of Hawaii by Peter J.K Dahlberg, P.E. 9/13/05 r s~hDDl r Golf course clubhouse / restroom I~ Restaurant /Food Establishment r Hotel r Other (please specify): r ResidentialLCC r Multiple dwelling Corrnnwuty system p- Regional system r Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 6 - 5 - 005 021 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 65-1214 Lindsey Road (number) (street) Kamuela HI 96743 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Peter J.K. Dahlberg Title: Civil Engineer Address: 75-372 Aloha Kona Dr (street) Kailua-Kona HI 96740 (city) (island) (zip code) Phone No.: (808)895-6173 Fax No.: (808) 326-7482 E-mail Address pdahlberg(o7hawaii.rr.com Simplified Form: Application jor HAR Chapter I1-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 2 Prepared for Bank of Hawaii by Peter LK Dahlberg, P 9/13/05 C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check all applicable sections. r Section 11-62-03 De rnitions state "Individual wastewater system means u facility which is designed [o 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 systems and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (f any), and disposal components separate from any other wastewater system " Section I1-62-31.1 (a) (I) (A) "For residential developments. There shall be /0, 000 square feet ofland area for each individual wastewater system. " ~ Section 11-62-31. ] (a) (1) (C) "For residential developments. Area of the lot shall not be less than /0, 000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10, 000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " ~ Section 11-62-31.1(a) (2) (A) "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 1 D, OOD square feet ojusable land area which shall not include the area under buildings. " ~ Section /1-62-31.1 (a) (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. " ~ Section 11-62-31.1 (a) (2) (C) "Developments involving buildings other than dwellings. Area of the lot shall not be Jess than 10, 000 square feet except for lots created and recorded before the effective date ojthis rule. For lots less than 1 Q 000 square jeer which were created and recorded before the effectlve date ojthis rule, only one individual wastewater system shall be allowed " r Section 1 /-62-37.1 (a) (2) (D) The total wastewater flow into each individual wastewater system shall not exceed 1, 000 gallons per day" Simplified Form: Application fm' HAR Chapter I 1-62 Variance (Large Capacity Cesspool) 9/ 16/2004 Page 3 Prepared for Rank of Hawaii by Peter 1 K Dahlberg, P E 9/13/05 II. SPECIFIC INFORMATION A. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example -Requested Variance is for HAR Section 11-tit-31.1 (a) (2) (C): The total area of the subject lot is 8, 500 frt. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater 11ow is Z, 000 gpd.) DETAILED DESCRIPTION Requested variance is for HAR Section 11-62-31.1 (a) 2 (D). Flow into proposed IWS exceeds 1000 gpd. Projected Flow is 2490 gpd. Proposed treatment unit is 3000 GAL Septic Tank w/ Effluent Filter." Variance requested for HAR Section 11-62-31.1 (a) 2-A, 11-62-31.1 (b) 2 "Variance requested for HAR Section 11-62-31.1 (a) 2-D B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State. Check applicable category and fill- in-the missing information as appropriate ~ The area of the (usable) lot (area) is 18, 512 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization, which is one IWS per 10,000 ftz of lot area ~ The large capacity septic system proposed to serve the facility would not comply with HAR Section I 1-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 2490 gallons per day. Simplified Form: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 4 Prepared for Bank of Hawaii by Peter 1.K. Dahlberg, P E 9/13/05 C. Describe in detail why the present or proposed equipment and/or operating conditions cannot be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time. Check all applicable reasons. 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. I? The current State requirement of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater on-going maintenance cost. 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. r If not in the choices, please specify: D. Check applicable reasons listed below and/or supply supporting information (Attachments D-l, D-2 & D-3) to cleazly show that: (1) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D-6(c). 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. Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 5 Prepared for aank of Hawaii by Peter 1.K. Dahlberg, P.E 9/13/05 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 on-going maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. r If not in the choices, please specify: (2) The grlnting of the variance will not substantially endanger human health or safety. r The existing LCC will be upgraded to an IWS (septic system). The IWS (septic system) will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the DOH standards. The impact to the environment will be minimized compared to the current wastewater disposal. ~ 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 pre-treatment and sludge removal prior to effluent disposal. ~ If not in the choices, please specify: Simplified Form: Application for HAR Chapter /1-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 6 PrepareA for Hank of Hawaii by Peter 1.K. Dahlberg, P.E. 9/13/05 (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. ~ The residents of the are essentially economically depressed. The owner of the facility simply cannot afford to build and operate wastewater systems meeting al] the requirements of HAR Chapter 11- 62 such as small aerobic wastewater treatment plants. ~ The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. ~ If not in the choices, please specify: E. Specify the amount of time requested for the variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (if additional space is required, please include the information on a separate attachment and label ("Attachment E-1"). Check applicable amount of time requested. I~ 5 years 1- Less than 5 years F. Submit any additional information which will support this application for a variance (i.e, statements, plans, area maps, histories, etc., and label "Attachment F-1"). Simplified Form: Application for HAR Chapter /1-62 Variance (Large Capacity Cesspool) 9/16/2004 Page ~ Prepared for Bank of Hawaii by Peter 1.K. Dahlberg, P.E. 9/13/05 III. CERTIFICATION: I, ~lf___ ~ _~-k ~~~2/e ~,t~Ptr-jn-G~,~ge ~~cs~;~~, (print name) ~ (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to~the b¢es~t of my knowledge and belief. Signature: ~ _ Date: ~ ~l S ~ P 6 S DO NOT WRITE BELOW - FOR rA,GENCY USE ONLY IV. Date Application received: ~Q''~~~~ V. Application No.: _ r V ~ 1,~ I",^~-// V I. Docket No.: O~~ y Y V r V 'n n~,.,,~ VII. Receivedb N~'vwVl 340. VIII. Filing fee ( check date:- _ OR l (3 bS Check 2- IX. Department of Health Receipt X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter 1 l-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 8 Prepared I'or Bank of Hawaii by Peter J K Dahlberg, P.E. 9113/05 it Transmittal Date: r Suspense Date: ~ Wastewater Branch Variance Application Docket No. ~ -VWW- APP # WW , Name/Title: S m~ ~ Subject: Cover Letter, Public Notice and Variance A lication ROUTE TO: Director of Health -Chi ome Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, FMD -Thomas £ Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, De y Bill Coo Clean Water Branch -Denis Lau • i Environmental Plannin Office -Harold Lao , a Safe Drinkin Water Branch -William Won Sanitation Branch -Commercial Properties Only Wastewater Branch Neighbor Lsland Staff ~ Kona -Dane Hiromasa (TMKs 5, 6, 7, S, 9) [ ]Hilo -Jerry Nunogawa (TMKs 2, 3, 4) [ ]Kauai -Joe Tateyama [ ]Maui -Roland Tejano Water Departments ~ [ ]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 ( ] Kavai County De ent of Water -Edward Tschup i [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian [ District Health Office - Hila -Aaron Ueno, Chief Sanitarian City & Count of Honolulu, De artment of Plannin 8r Permittin County of WQ(( Council • ~ Oahu Neighborhood Board # ACTION REQUESTED: i, Regarding the Cover Letter, Public Notice Fr Variance Application, please check one box: j [ j Recommend to GRANT this variance application. [ ]Recommend to DENY this variance application. Reviewed by Contact Phone ~ Fax • Please return this ROUTE SLIP with comments (if necessary, you may add a se arate sheet). I Return this to: Mr. Harold Yee, Chief, Wastewater Branch i 919 Ala Moaz~a Blvd. Room 309 Honolulu, Hawaii 96$14-4920 phone (808) 586-4294 fax (808) 586-4300. Received Dy W WB _ 2005 variance route slip -cover Dater.doc as of 09/28/2005 vww