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HomeMy WebLinkAboutCOM 0580.000 2004-2006 4G 1 4 196p UNDA LINGLE , CNIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII J~ DIRECTOR OF HEALTH ~ am e~~~ STATE OF HA1NI>11;',; 2' ~ ~'(~I 2 O DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-~9ZB~ Flle: ~ November 16, 2005 C:\My Documents\ W W 206 PN CL.wpd WB051170 Mr. Peter Dahlberg 75-372 Aloha Kona Drive Kailua-Kona, Hawaii 96740 Dear Mr. Dahlberg: Subject: Variance Application No. WW 206 Docket No. OS-VWW-40 Two (2) Variance Requests: 1. Use of Individual Wastewater System receiving flows greater than 1000 gpd (total flow estimated 1415 gpd); and 2. Use of new septic and absorption bed receiving restaurant flows greater than 1000 gpd (projected flow is 2350 gpd). Kohala Village lnn & Restaurant, 55-514 Hawi Road, Hawi, Hawaii TNII{: (3) 5-5-010: 021, 022, 023 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 1 ]-62, Section I 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 Star Bulletin, 500 Ala Moarra Blvd., Seven Waterfront Plaza Suite 500, Honolulu, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-4827, fax (808)529-4826, email ashley@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hcnvaii 96745, phone (808)329-9311, fax (808)329-3659 emrnl llogan(a~westhcnvaiitoday.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 original certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteen (15) days after the publication date. You may make a copy for your records. Please be advised Comm. No. ~ Ref. To: Ref. Dote ~~~J November 16, 2005 Page 2 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, THOMAS E. ARIZiJMIC~~y Chief, Environmental Management Division Enclosures: Receipt No. 13827 Public Notice c: Cleazr Water Branch Environmental Planning Ottice Safe Drinking Water Branch Department of Water Supply -County of Hawaii District Health Office -Hilo r/fiawaii County Council Wastewater Branch -Kona Staff Engineer WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 206 DOCKET NO. OS - V W W - 40 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. Mr. Jim Sargent ofKapaau, 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 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 Dahlberg, Civil Engineer, is acting as the authorized individual for the applicant. The applicant is requesting a variance from two (2) sections of Chapter 11-62, HAR. The first is the use of an individual wastewater system (IWS) which will receive domestic wastewater flows estimated at 1415 gpd. The new wastewater system will consist of two (2) septic tanks and the existing cesspool converted into a seepage pit. The second is for a new 3000 gpd septic tank and soil absorption bed to serve an existing restaurant. Wastewater flows are estimated to be 2350 gpd. The subject property is the Kohala Village Inn & Restaurant located at 55-514 Hawi Road, Hawi, Hawaii and identified as TMK: (3) 5-5-010: 021, 022, 023. The new wastewater systems are requ'ued as part of existing large capacity cesspool (LCC) removals. The applicant has made the following comments. a. The area of the lot is 130,680 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. b. The large capacity septic system proposed to serve the facility would not comply with HAR Section l 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 2350 gallons per day. c. The estimated Flow into the existing LCC would be 1415 gallons per day. d. 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. e. 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. f The facility has been in operation for 30+ 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. g. 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. h. Prevent loss ofjobs. The LCC serving my facility has been in operation for 30+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. i. 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. j. The proposed treatment individual wastewatersystemswillprovidegreaterprotection 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. k. The owner of~ the facility simply cannot afTord to build and operate wastewater systems meeting all the requirements ofHAR Chapter 11-62 such as small aerobic wastewater treatment plants. 1. The variance is requested for the maximum of five (5) years. Ifyou would like to review the full application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Ilawaii 96314-4920, 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. FUK1N0, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. W W ~dkj Environmental Management Division Docket No. 05 - V W W - ~Q 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 96314-4920 (808) 586-4294 Attachments are allowed, but preferred in 8 x I I"format (for copying purposes). I. GENERAL INFORMATION (please print or type) A. Name: Jim Sargent (Corporation, company, agency, firm, etc. seeking variance) Mailing address. PO Box 639 Ka aau HI 96755 (city) (island) (zip code) Nature of Business. Check applicable category. (EPA makes the final determination of a Large Capacity Cesspool -LCC) Non-Residential LCC t" Retail Business ~ Visitor Center C" Church Simplified Fonn: Application far HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/] 6/2004 Page 1 Prepared for Jim Sargent by Peler 1K Dahlberg, P.G. 6/07/05 ~ School r Golfcourse clubhouse / restroom r Restaurant /Food Establishment it Hotel ~ Other (please specify): 1=' Residential LCC f` Muhipk dwelling ~ Cornmunity system I" Regional system Other (please specify): Provide location of existing cesspool(s): Tax Map Key 3 - 5 - 5 - 010 021, 022, 023 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 55-514 HawiRoad (number) (street) Hawi HI 96719 (city) (island) (zip code) B. Individual authorized to act for applicant: Name: Peter J.K. Dahlberg Title: Civil Engineer Address: 75-372 Aloha Kona 1)r (street) Kailua-Kona HI 96740 (city) (island) (zip code) Phone No.: (808)895-6173 Fax No.: (808) 326-7482 E-mail Address pdahlbera(a)hawaii.rr.com Simplified Forth: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/t 6/20U4 Page 2 Prepared for Jim Sargent by Peer 1.K. Dahlberg, P.E. 6/07/05 C. Identify the specific section(s) of Chapter 1 1-62 which the variance is requested. Check all applicable sections. l~ Section 11-62-03 De tuitions state "Individual wastewater system means a facility which is designed to receive and dispose of no more than 1000 gallons per day ofdomestie 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 (if any), and disposal components separate from any other wastewater system " r Seaton 11-62-31.1 (a) (I) (A) "For residential developments. There shall be / 0, 000 square fee! ojland area for each individual wastewater system. " r Section / 1-tit-31.1 (aJ (I) (C) "For residential developments. Area ojthe /oi shall not be less than 10, 000 square feet except for lots created and recorded before the effective date ofthis rule. For lots less than 10,000 square feet which were created and recorded before the effective date ofthis rule, only one individual wastewater system shall 6e allowed " ~ Section 11-62-31.1 (a) (2) (A) "Developments involving buildings other than dwe/lings. The wastewater flow generated shall not exceed 1000 gallons per day yes 10, 000 square feet of usable land area which shall not include the area under buildings. " ~ Section 11-62-31.1 (aJ (2) (B) "Developments involving buildings other than dwellings. The total wastewater flow steal( not exceed I5, 000 gallons per day. " ~ Section /1-62-3 /.1 (a) (2) (C) "Developments involving buildings other than dwellings. Area ojthe lot shall not be less than /0, 000 square feet except for lots created and recorded before the effective date ofthis rule. For lots less than I Q 000 square feet which were created and recorded before ; he effective date of this rule, only one individual wastewater system shall be allowed " Section / 1-62-31.1 (a) (2) (D) The total wastewater flaw into each individual wastewater system shall not exceed 1, 000 gallons per day" Simplified Form: Application far HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/16/2004 Page 3 Prepared for Jim Sargent by Peter 1K. Dahlberg, P.E 6/07/05 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 11-62-31.1 (a) (2) (C): The total area of the subject lot is 8, 500 frt. The lat has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater jlow is 2,000 gpd.) DETAILED DESCRIPTION TWO VARIANCE REQUSETS ONE Requested variance is for HAR Section 11-62-31.1 (a) 2 (D). Flow into proposed IWS exceeds 1000 gpd. IWS is an existing cesspool which will receive flow from 2 separate Septic Tanks (2-1250) fed from separate wastewater lines. Total flow est. 1415 gpd'• TWO Restaurant line to be re-routed from existing LCC to new Septic and Absorption Bed. Projected Flow is 2350 gpd. Proposed treatment unit is 3000 GAL Septic Tank w/ Effluent Fifter.•• • 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 "'130,680 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization, which is one IWS per ]0,000 ftZ of lot azea 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 septic system would be 2350 gallons per day. The estimated flow into the existing LCC would be 1415 gallons per day. Simplified Form: Applicationfm HAR Chapter //-62 Variance (Large Capacity Cesspool) 9/16/2004 PEge 4 Prepared for Jim Sargent by Peer J.K. Dahlberg, P.E. 6/09/05 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. r 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. 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 30+ 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. ~ 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 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). 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: Applrcationjor /{AR Chapter 11-62 Variance (Large Capacity Cesspool) 9!16/2004 Page 5 Prepared for Jim Sargent by Peter 1.K. Dahlberg, P.E. 6/07/05 ~ Prevent loss ofjobs. The LCC serving my facility has been in operation for 3of 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. ~ If not in the choices, please specify: (2) The granting of the variance will not substantially endanger human health or safety. 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 IW S 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 Jar HAR Chapter 11-62 variance (Large Capacity Cesspool) 9/16/2004 Page 6 Prepared for Jim Sargen[ by Peter 1.K. Dahlberg, P E 6t07Po5 (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 NA _ are essentially economically depressed. 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. ~ 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. 5 years ~ 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 Forth: Applicationfor HAR Chapter /l-62 l/ariance (Large Capacity Cesspool) 9/16/2004 Page ~ Prepared for Jim Sargent by Peter 1.K. Dahlberg, P.G. 6/07/05 III. CERTIFICATION: (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 best of my knowledge and belief. Signature: ate: ~ Z O ~ 1 ~ ~ DO NOT WRITE BELOW -11'FOR AGEnNC~YrUSE ONLY IV. Date Application received: ~aV ~ t(,, /,tA~ V. Application No.: _ fW~ w `'~~w) VI. Docket No.: "'~A~~ YJ[~~~' " " VII. Received y: V~" L t"1 VIII. Filing fee~(~'9~eck date: Q Check IX. Department of Health Receipt ~ ~ LJ~l~ X. Decision on Application (including date): XI. Date of Public Hearing: of the wastewater systems. Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool) 9/1 612 0 0 4 Page 8 Prepared for Jim Sargent by Peter 1.K. Dahlberg, P.E. 6/07/05 Transmittal Date: b , '1.© Suspense Date: Deb/ ~ 12FJ QS Wastewater Branch Variance Application Docket No. ~-VWW- App a WW Name/Title: ( ~ Subject: Cover Letter, Public Noti a and 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 [~(J Kona -Dane Hiromasa (TMKs 5, 6, 7, S, 9) ~ ]Hilo -Jerry Nvnogawa (TMKs 1, 2, 3, 4) [ ]Kauai -Joe Tateyama [ ]Maui -Roland Tejano Water Departments [ ]Board of Water Supply -Clifford Jamille [x,] 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 -Edward Tschup [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian j ]District Health Office -Kauai -Clyde Takekutna, Chief Sanitarian [ District Health Office -Hilo -Aaron Ueno, Chief Sanitarian ity 8r County of Honolulu, De artment of Plannin 8r Permittin 7C County of Council Oahu Neighborhood Board ~ ACTION REQUESTED: Regarding the Cover Letter, Public Notice $ 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 968'14-4920 phone (808) 586-4294 fax (SOS) 5$6-4300. Received by W WB 2005 variance route slip -cover letter.doc as of Q9/28/ZO05 vww