HomeMy WebLinkAboutCOM 0550.000 2004-2006 ~Feeivw
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LINDA LINGLE ~ ppt~-._......____...._ ...______EHIYQOlE,~@INAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~4. f~,: C.OU~N ~AUnAI DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3376 In reply, please refer to:
HONOLULU, HAWA1196801-3376 File:
October 31, 2005
W W 186 Final Dec CL.wpd
C3 wbO5ll04
CERTIFIED MAIL 7003 1010 0004 9366 0330
RETURN RECEIPT REQUESTED
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 the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on October 24, 2005. We
are enclosing for your information the Findings of Fact and Conclusions of Law.
Please find enclosed a receipt for your check of $100.00 the balance of the variance fee.
Please note the variance conditions and if there are any questions relative to the variance, please
do not hesitate to contact Mr. Ilarold Yee, Chief of the Wastewater Branch at toll free phone
number on Hawaii at phone 974-4000 ext. 64292 or on Oahu (808)86-4294 fax (808)586-4300.
Sincerely,
L.%
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures- Receipt;! 133?5
Final Decision and Order
Pinding6 of Fact and Conclusions oCLaW
ec' Mr- Jim Lenhart, Attention Mr-'i'crry Ikcham Comm. No.~SO
Clean Water Branch Ref• TO: ~~r
District Heahh Ottice-Ailo ,R apse ~11~ 7 gnryS
Environmental Planning 017ice 6II 1-` ~~~_O_
Safe Drinking WaterBmneh 1
Departnen[of Water-County o(Hnweii
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~Iawaii Counh-Council ;l~
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STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VWW-20
Variance Application No. WW 186 )
for Individual Wastewater System )
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) 8-3-070: O]5 )
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 I 1-62-03 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 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 Apply for an Underground Injection Control (UIC) permit from the Department's
Safe Drinking Water Branch for any 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, October 24. 2005
Thomas E Arizumi, P:F/
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VVVW-20
Variance Application No. WW 186 )
for Individual Wastewater System )
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 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Duesenberg Investment Co (c/o Paradise Beverages) Waipahu,
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 ofthe application was printed in the August 19, 2005 issue of the Honolulu Star
Bu{letin 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.
Findings of Fact
The individual authorised 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. f (a)(2)(A) which states '`Developments involving buildings other than dwellings, the
wastewater flow generated shall not exceed 1000 gallons per day pF;r 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 comer/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
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.
iloyal Fonw Havashf 131Jg Variance 9pphcatiou W\V 186, Dockzt No. OS-Vq'W2Q Findings of Fac[ and Conclusions ofLaw-, Pg 1
1. The area of the lot is 159,445 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 not 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.
5. 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. T (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 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.
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.
] 1. The variance is requested for the maximum of five (S) years.
The following agencies submitted the following comments:
Royal 6ona,'liuyashi nldg Vanancz AppLcutwn W W 18C,, Docket Vo. OS~\'A~N'-20. Piudings of Fact and Conclusions of Law, Pg 2
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 I S00 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 11-23 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 of the 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 granting ofthis variance.
3. The Wastewater Branch submitted the following comments:
A. Plans for each IW S 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, each septic tank shall be fitted with an ellluent
filter(s).
C. If soil absorption beds or trenches are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control
program of the Safe Drinking Water Branch.
D. The project shall connect to the County sewer service system should it
become available to the area.
Conclusions of Law
Royal Kona/Hayash[ Bldg Variance _lpplication W W 186, DocAet No_ OS-V W W-2Q Findings ofFecl and Conclusions of Law, Pg 3
Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no variance shall
be granted by the Department unless the app]ication and supporting information clearly show
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 1W5 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
be fitted with an effluent filter(s).
3. An Underground Injection Control (UIC) permit is required for any 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, October 24. 2005
,
~>x~~ . L~
Thomas E. Arizumi, P.E.`
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Ruyal Kona/Hayashi Bldg Variance Application W W 186, Dockal No. OS-VW W-20, Findings of Fact and Conclusions of law, Pg 4
Transmittal Date: 0~ ~~`~~5 S erase Date:
Wastewater Branch -Variance pplication No. WIN l~Ca Docket No. - VWW - 2(7
Name/Title Y la all I t ~ (/G
SUBJECT:
Cover Letter, Public Native 8r Variance Application
Draft Decision Cover Letter, Decision 8r Order and Findin s of Fact 8rConchisions of Law
Final Decision Cover Letter, Si ed Decision 8r Order and Findin 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, Deputy Mark McCbruiel, Deputy Ben Roberks
Clean Water Branch -Denis Lau
Environmental Plannin Office - ^I l~ (,Q U
Safe Drin ' Water Branch -William Wong
Sanitation Branch -Commercial Pro roes Onl !
Wastewater Branch Nei hbor Island Staff - 1 h
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
Kauai County Department of Water Fa~u- 1=elWA.VO( TSC~IIUt-P~
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, Department of Planning 8r Permitting
- . vIrn Mr. z~ ~
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice Fi Variance Application, please check one box:
[ ]Recommend to GRANT this variance application.
[ ]Recommend to DENY this variance application, i
Please feel free to submit comments when returnin this route sli 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 writing to the address listed beknv.
Regarding the FWAL SIGNED Decision, the attached is for your information file, Please file or i
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 96814-4920 or phone ($08) 586-4294 fax (808) 586-4300.
Received by WWB _ variance route slip.doc as of 2/10/2005 vww