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HomeMy WebLinkAboutCOM 0567.000 2004-2006 j~. O S? LINDA LINGLE ' CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH ap® `L.~....._.• STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96001-3378 File: October 25, 2005 W VJ 174 Fina~TDec CL.wpd C3. wb051077 CERTIFIED MAII. 7002 3150 0001 6551 0279 RETURN RECEIPT REQUESTED = Mr. R.T. "Doc" Halliday P.O. Box 1716 Kailua-Kona, Hawaii 96740 Dear Mr. Halliday: Subject: Variance Application No. WW 174 Docket No. OS-VWW-08 Elimination of Large Capacity Cesspool at the Kona Villa Condominium 77-6439 Sea View Circle, Kailua-Kona, Hawaii, TMK: (3) 7-7-015: 078 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on October 18, 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 toll free phone number on Hawaii at phone 974-4000 ext. 64292 or on Oahu (808)586-4294 fax (808)586-4300. Sincerely, 9 /7 ~s'~-n~i G/ ,yyY~, / THOMAS E. ARIZ i~, .E., CHIEF Environmental Management Division Enclosures: Final Decision and Order Findings of Fact and Conclusions of Law ec: Clean Water Brandt DisMct Health Office -Hilo Environmental Planning O1Fice Safe Drinking Water Branch Department of Water -County of Hawaii ~waii Couniy Council Wastewater Branch -Kona Sta(TEngineer Comm. 1~l0._~_ Rrf. To: (1 :ef. Ucte~y ~ Q nµ STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-08 Variance Application No. WW 174 ) for Individual Wastewater System ) Conversion of Large Capacity Cesspool ) at the Kona Villa Condominium ) 77-6439 Sea View Circle ) Kailua-Kona, Hawaii ) TMK: (3) 7-7-015: 078 ) 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 11-62-31.1(a)(1)(A), 11-62-31.1(a)(2)(A) 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 bf;gins. In addition, the treatment IWS shall be approved in writing before being placed into service. 2. The septic tanks serving the three (3), two bedroom dwelling units (South End Units) shall be enlarged to a minimum size of 1,500 gallons to accommodate the three dwelling units connected to a single septic system. 3. If seepage pits are used for effluent disposal, than each septic tank shall be fitted with an effiuent filter(s). 4. If the existing cesspools are abandoned, abandonment shall comply with the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspools are retained and used as seepage pits, then the seepage pits shall be properly permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 5 The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, October 18, 2005 s / ,~7~21'~,~ Sri l ' Thomas E. Arizumi, P Chief, Environmental Management Division STATE OF DEPARTMENT OF HEAL'CH In the Matter of the Application ) Docket No. OS-VWW-08 Variance Application No. WW 174 ) for Individual Wastewater System ) Conversion of Large Capacity Cesspool ) at the Kona Villa Condominium ) 77-6439 Sea View Circle ) Kailua-Kona, Hawaii, ) TMK: (3) 7-7-015: 078 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Mr. R.T. "Doc" Halliday, Property Manager of Kona Villa Condominium for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(1)(A), 11-62-31.](a)(2)(A) and 11-62-3 L1(a)(2)(D) was reviewed by the Department of Health staff. A public notice of the application was printed in the Apri123, 2005 issue of the Honolulu Star Bulletin and the April 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 authorized to act for the applicant, Mr. R.T. "Doc" Halliday, Property Manager of Kona Villa Condominium located in Kailua-Kona, Hawaii, requests a five (5) year variance from Hawaii Administrative Rules (HAR), Section I1-62-31.1(a)(1)(A) pertaining to residential developments, 11-62-31.1(a)(2)(A) pertaining to developments involving buildings other than dwellings and 11-62-31.1(a)(2)(D) pertaining to the total wastewater flow into each individual wastewater system not exceed 1,000 gallons per day. The applicant is requesting to be allowed to convert large capacity cesspools at the Kona Villa Condominiums located at 77-6439 Sea View Circle, Kailua-Kona, Hawaii, TMK: (3) 7-7- 015: 078 into septic systems. The applicant has made the following statements. 1. Requested variance is for HAR Section 11-62-31.1(a)(1)(A): The total are of the subject property is 7531 square feet. The property consists of one (1) building housing five -two (2) bedroom units. An active cesspool serves three (3) S. units, and another active cesspool serves two (2) N. units. It is proposed to convert both these cesspools into seepage pits for new 1250 gallon septic tanks. 2 The area of the lot is 7531 square feet. This is insufficient to meet the minimum Kona Villa Condominium Variance Application W W 174, Docket No. OS-V W W-OR, Findings of Fact and Conclusions of Law, Pg 1 land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area. 3. 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 1200 gallons per day. 4. The existing large capacity cesspool(s) needed to be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. 5 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. 6 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. 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. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to et27uent 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 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 ellluent disposal. 10. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 11. The variance is requested for the maximum of five (5) years. A site map was attached to the application for variance but is not shown here. The maps can be viewed by calling or writing to 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 Clean Water Branch submitted the following comment: Kona Villa Cmulominmm Variance ?.pp4ication W Vf 174, Uocket Iv o. 05_V W W-Oft, Findings or Fact and Conclusions of Law, Pg 2 Recommend to grant this variance application if can not connect to sewer. 2. The Safe Drinking Water Branch submitted the following comments: A. The property is situated makai or below the UIC; therefore it overlies an aquifer that is not an underground source of drinking water for injection well regulatory purposes; B. There are no program-recorded drinking water wells within a quarter mile from the subject property; C. The retention of the LCCs as seepage pits will require a UIC permit. The owner/operator must contact the UIC program at (808)586-4258 for permit applications; D. Backfilling and abandonment of an injection well LCC must be under the written instructions from the UIC program. Unauthorized backfilling and abandonment may be subject to re-excavation and proper backfilling and witnessing. Use the appropriate form to file for injection-well abandonment; and E. If a variance is granted, appropriate conditions should be imposed that insure proper operation and maintenance of the septic systems. F. Because the proposed improvement is being driven by the federal ban on large-capacity cesspools, we have no objection to granting the variance. Please contact Jamie Rimando 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, than each septic tank shall be fitted with an effluent filter(s). C. If soil absorption beds are used, then 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 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 Kona Villa Condominium Variance Application WU' 174, Docker No. OS-V W W-08, Findings of Fad and Conclusions of Law, Pg 3 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 The septic tanks serving the three (3), two bedroom dwelling units (South End Units) shall be enlarged to a minimum size of 1,500 gallons to accommodate the three dwelling units connected to a single septic. system. 3 If seepage pits are used for eflluent disposal, than each septic tank shall be fitted with an e131uent filter(s). 4. If the existing cesspools are abandoned, abandonment shall comply with the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspools are retained and used as seepage pits, then the seepage pits shall be properly permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 5 The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, October 18 2005 i ~~rc~~P~ Thomas E. Arizuml, P E;" Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Dona Villa Condominium Variance Application W W 174. Docket No. OS-VWW-OH. Findings or Fac[ and Conclusions of Law, Pg 4 Transmittal Date: , Suspense Date: Wastewater Branch -Variance Application No. WW l Docket No. - VWW - Name/Title G VI ~ G COYI ~ SUBJECT: Cover Letter, Public Notice 8r Variance Application Draft Decision Cover Letter, Decision ~ Order and Findin s of Fact FiConclusions of Law Final Decision Cover Letter, Si ed Decision 8r Order and Findin s of Fact $r Conclusions of Law ROUTE TO: Director of Health - Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas 8 Arizumi Attorne General's Office, AG Mark Bennet, De ty Mark McConnel, De Ben Roberts Clean Water Branch -Denis Lau • Environmental Plannin Office - • Safe Drinkin Water Branch -William Won • Sanitation Branch -Commercial Pro roes Onl ! Wastewater Branch Nei hbor Jsland Staff - {'COYIQ - pU.h~ t'~ yDmp.JrR 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 De artment of Water n - District Health Office -Maui -Herbert Matsubayashi, hief Sani 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 Nei hborhood Board • City 8r County of Honolulu, De artment of Plannin & Permittin ACTION REQUESTED: Regarding the Cover Letter, Public Native $ 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 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 writin to the address listed below. 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 96814-4920 or phone (808') 586-4294 fax (808) 58'6-4300. Received by W WB variance route slip.doc as of 2/10/2005 vww iJ,~ ''j;.