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Home My WebLink AboutCOM 0579.000 2004-2006 t..~~'•~.-~ K1 7 ~ ~~a?Ef(fs~~ LINDA LINGLE ~ CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII g DIRECTOfl OF HEALTH ee ~';,i'i x'(71 Z STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In repy please rekr to: HONOLULU, HAWAII 968013378 ~ File: November 16, 2005 WW ZOS PN CL.wpd C:\My D\ wb051178 Mr. Bruce E. Witcher, P.E. Witcher Engineering LLP 75-5751 Kuakini Highway Suite 106 Kailua-Kona, Hawaii 96740 Dear NIr. Witcher: Subject: Variance Application No. WW 205 Docket No. OS-VWW-39 LCC use at the Captain Cook Village Condominiums Capt. Cook Village Association, 82-6073 A Mamalahoa Highway Capt. Cook, Hawaii TMK: (3) 8-2-003: 018 The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section l 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 Staz- Bulletin and West Hawaii Today one (I) time only. Please contact the follow agencies for assistance in the publishing of the public notice: Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Suite 500, Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826, email ashley~starballelin.com West Hmvaii Torlay, P.O. Box 789, Kailua-Kw~a, Hawaii 96745, phone (808)329-9311, fax (808)329-3b59 email ]loganCn~weslhawaiifoday.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 oftlre applicant. You must submit the original certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteen (IS) 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 hearingomm. No. .S 7q ~ Ref. To: 1~~ Ref. Dat~2 November 16, 2005 Page 2 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, Yd~ THOMAS E. ARIZ Chief, Environmental Management Division Enclosures: Receipt No. 13826 Public Notice c: Clean Water Branch Environmental Planning OlTice Safe Drinking Water Branch Department of Water Supply -County of 1 iawaii District Health O1Lce -Hilo yI"Iawaii County Council Wastewater Branch -Kona SIa1T Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 205 DOCKET NO. 05 - V W W - 39 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. Captain Cook Village Association of Captain Cook, Hawaii has applied for a five (5) year variance from 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 bean independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system." Mr. Bruce E. Witcher, P.E., Partner of Witcher Engineering LLP, is the individual authorized to act For the applicant. The applicant requests Yhc variance for The Captain Cook Village Condominiums which has a total of 24 bedrooms discharging into a single cesspool. The estimated wastewater flow (by record) is approximately 2000 gpd. The applicant has made the following comments. a. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62- 03 because the IWS w-ould receive more Yhan 1,000 gallons per day of wastewater. The estimated flow into the system would be 2,000 gallons per day. b. The current State requ+rement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost. c. The facility has a small number (12) of units and therefore the cost of capital improvements must fall on a relatively few ovmrers. d. 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. Therefcre minimizes impact to the envirorunent. e. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to effluent disposal. The fiNS 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. f. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed fWS is an improvement [o the existing cesspool in terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior to effluent disposal. g. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 1 1-62 such as small aerobic wastewater treatment plants. h. The variance is requested for the maximum of five years. This term allows the owners time to build up the reserve fund for possible future system improvements. Ifyou would like to review the full application, please call or write to the Wastewater Branch, 919 Ala Moana Blvd. Room 309, Honolulu, HI 96814-4920, phone (808)586-4294 or fax (808)586-4300 to obtain a copy or facsimile. DOH will consider all written conunents received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance applicaLOn, 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. FUK1N0. M.D. Director of Health ' State of Hawaii Wastewater Branch Department of Health Application No. WW 20.5 Environmental Management Division Docket No. ~ - WyW _ APPLICATION FOR VARIANCE -Primarily Conceming Large Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit two (2) (one original & one copy) and filing fee of b300.00 payable to State of.Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 3D9 Honolulu, Hawaii 96814-4920 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8 Yz" x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: (~QTta~,~ (~k J~~-~RbE ASSoc~h-.~a~ (Corporation, company, agency, firm, etc. seeking variance) Mailing address: • 2`~~1 (~ISt/~T~'/.r/ L~GG.~ t-~Z 9~ Toy (City) (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ ] Non-Residential LCC [ ] Retail Business ( ] Visitor Center [ ] Church [ ] Scfiool [ ] Golf course clubhouse / restroom [ ] Restaurant /food establishment [ ] Others, please spec'rfy: [X] Residential LCC Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. g - 2. - b 3 ~ 8 Applimlion for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6 1-Oahu 2=Maui 3=E3ig Island 4=Kauai \ ~Z - (oD ~ 3 h M A ~ hl-~a'~oA ~S 1_b~w R^~ (number) (street) 1 /J C.L~.Q i Ps~~.1 ~oo~ \~Aw ft ~b7g~f (City) (Island) (Zipcode) B. Individual authorized to act for applicant: Name: ~R.1C.E l=. W~T-c_~c'E~ _~i.E.. Title: ~AR'~~.1~~ Address: 1rl~~c.1~E~ E~117f~EE2~~.Ib 1--~-~ ~ S' - S 7 S` -I K~~ k{ til i 6-~ w S~.'Ce 1~ e KR~wYt- 1~y~R ~ ~~~Wh\, q (a-7~ (City) (Island) (Zip code) Phone No.: g00 3 -D32'L l Fax No.: 33~'-~ `a 31 Email Address: 1X,~ l TC~~ ~ 1 1 ~d->r,.a'a-1 \ , n~~ C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: Section 11-62-03 Definitions 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 a!I of its plumbing, treatment (if any), and disposal components separate from any other wastewater system. " { ] Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system. " [ ] Section 11-62-31.1(a)91)(C) "For residential developments. Area of the lot shall not be less than 10, 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 10, 000 square feet of usable land area which shall not include the area under the buildings. [ ] Section 11-62-31.1(a)92)(8) "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 less than 10, 000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10, 000 square feet Applica4on for LCC Variance.tloc wow as of Decembar 9, 2004 Page 2 of 6 which were created and recorded before the effective date of this rote, only one individual wastewater system shall be allowed." [1 I1. 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 11-62-31.1 (a)(2)(C): The total area of the subject lot is 8,500 square feet. The lot has 2 buildings on it consisting of a restaurant and a physical therapy o>fice which are served by a cesspool. The estimated wastewater flow is 2, 000 9Pd~) ~'rci~EY~ ~r.eaa.~~e ~s rlr~~ Sec...o.J ~\-to'L.-o3 ~"~e LA~ti~a Lmk ~,~-LhbE ~r.laor.,.~f„I~~w.s l-IFaS A \o-CA~ o~ 2`~' PjE~1ZOOMS D~scrlxt~b~,Jb To r, 5f ~~.1.-E GESS~oo~ . ES ~ ~M~t'c'CC--~ w rcS~Ew R'C~R F~~.1 ~'oy <'EC~~~ ~s P.Q~rOx~nn'R~~.L,~+ 2.000 6~a~. 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 infonnation as appropriate. [ ] The area of the lot is 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. 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 1,00 gallons per day of wastewater. The estimated fbw into the system would be Zobo gallons per day. [ ] If not in the choices, please specify. C. Describe in detail why the present or proposed equipment and/or operating conditions cannot Applica5on for LCC Vadance.doc vww as aF December 9, 2004 Page 3 of 6 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. [ J The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2.005 in order to comply with federal requirements. [xj 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. [ J The facility has been in operation for 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. [x] If not in the choices, please specify. "'f~E F+~c.,`-~'n F~P,S t~ Sr.~R" Nvw.grc2 C~2~ pFv.~t'~5 AND "t1~E2E~2-E \~E ~ nF GA~,~'rR-~ ~v-~~'~o.rE~nE..fCS MvST FR1.l.. 0~1 A Rev-~\~vcL.~ FE`..u oWNER.S, D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1, D-2 & D-3) to clearly 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). [Xj 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. [ ] Prevent loss of jobs. The LCC serving my facility has been in operation for years. The current State requirements of a wastewater treatment plant would sign~cantly 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. (2) The granting of the variance will not substantially endanger human health or safety. [jq The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to efFluent 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. Appligfion for LCC Variance.doc vww as of Decerr-ber 9, 2004 Page 4 of fi ' 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. [ ] If not in the choices, please specify. (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. [}C] The owner of the facility simply cannot afford to build and operate wastewater systems meeting all 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. 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 ('rf additional space is required, please include the information on a separate attachment and label "Attachment E-1"). Check applicable amount of time requested. 5 years ( ] 4 years [ ] 3 years [ ] 2 years [ ] 1 year T~-+,.s TEO.H. ~`~oowS SHE owNE¢..5 TAME To 8•~~~-D ~Q -l ~lE. SLESEQa+E ~~'D Cv2~i oSS~BI-E ~'-~+~C+RE ~r~ZS~'Ew. ~w.eto..E «~E.1CS 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"). Ilf. CERTIFICATION: 1, ~~IJCE ~ G/iT!',~J,fi2 . P h. ~gRrv~/e ( U//TC/~iF/Z ~,t/r/,,t~il•ER/~ LL'~i (print name) (print title) certify that I have knowledge of the fa is herein set forth and that the same are true and correct to the best of my knowledge and belief. Signature: Date: DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: N~Ve(m r/tr1 Oar ift/~Y~.J Application for LCC Vadance.doc vww as of December 9, 2004 Page 5 of 6 • V. Application No.: p~~ V I. Docket No.: Vvv °a ~ 6 V ~ VII. Received by: y~pp~~~~ ate` VIII. Filing fee (5300.00) check date: Sll ~ _ Check # ~ ~ fX. Department of Health Receipt # X. Decision on Application (including date): XI. Date of Public Hearing: Applirafion for LCC Variance.doc vww as of Cecember 9, 2004 Page 6 of 6 Transmittal Date: 1 0 Suspense Date: , p Wastewater Branch Variance Application Docket No. VWW- App # Name/Title: (v Vi { Subject Cover Letter, Public Notice a Variance A lication ROUTE TO: Director of Health -Chi ome Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper Clean Water Branch -Denis Lau . Environmental Plannin Office -Harold Lao Safe Drinkin Water Branch -William Won Sanitation Branch -Commercial Properties Only Wastewater Branch Neighbor Island Staff [XJ Kona -Dane Hiromasa (TMKs S, 6, 9) ~ [ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ]Kauai -Joe Tateyama [ ]Maui -Roland Tejano Water Departments [ ]Board of Water Supply -Clifford Jamille [x ]County of Hawaii j~ept of Water Supply -Milton Pavao . l ]County of Maui Dept of Water Supply - George Y. Tengan [ ]Kauai County Department aF Water -Edward Tschu [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian ] District Health Office -Hilo -Aaron Ueno, Chief Sanitarian ity & County of Honolulu, Department of Planning & Permitting ` County of Council . Oahu Nei hborhood Board ~ 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. Reviewed by Contact Phone ~ Fax ~ Please return this ROUTE SLIP with comments (if necessary, you may add a separate sheet). Return this to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96$14-4920 phone ($0$) 5$6-4294 fax ($0$) SS6-4300. Received by W WB 2005 variance route slip - cover letter.doc as of 09/2$/2005 vww