HomeMy WebLinkAboutCOM 0578.000 2004-2006 t~~ ~wN.1~k
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LINDA LINGLE t ~ ! CHMDME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ DIRECTOR OF HEALTH
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STATE OF ~~VVflq 2;+ i'(Ii 2 ~
DEPARTMENT OF HEALTH
P.O. BO% 3378 - In reply, please refer to:
HONOLULU, HAWAII 9fifi0}.~37fi File:
November 16, 2005
W W 199 Draft I)ec CL
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Mr. Donald Cook
Consulting Engineer
77-6219 A Kaumalumalu Drive
Holualoa, Hawaii 96725
Dear Mr. Cook:
Subject: Variance Application No. WW 199 Docket No. OS-VWW-33
Use of Individual Wastewater System on a lot of 9209 square feet at
75-180 Al Ona Ona Street, Kailua-Kona, Hawaii
TMK (3)7-5-022: 144
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings of
Fact and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater
Branch at our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300 no later
than the close of business on Friday December 2, 2005. If we do not hear from you by the
above date, the draft will be finalized. If you wish to discuss our decision and add any additional
information, please call our office before the above date.
Sincerely,
/'7?r ~~.~a
, v~'~
THOMAS E. ARIZUMI, P~ ,CHIEF
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Ol7ice
Safe Drinking Water Branch
Department of Water Supplv -County of }Iawaii
District Health Office -Hilo
Wastewater Branch -Kona Staff Engineer
y~awaii County Council t~'g
Comma 1Jo. J
Ref. Yo:
Rif, acre , NOV 2 R 0(l~
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-33
Variance ApplicationNo.WWl99 )
for Individual Wastewater System )
Use of Individual Wastewater System ) DRAFT -SIGNATURE NOT REQUIltED
on a 9209 Square Foot lot at )
75-180 Ala Ona Ona Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 144 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the John Ross & Young Hui Ross of Paauilo, Hawaii for a five (5)
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-
31.1(b)(1)was reviewed by the Department of Health staff, and a public notice of the application
was printed in the September 1, 2005 issue of the Honolulu Star Bulletin and the September 9,
2005 issue of the West Hawaii Today publications. Two (2) comments pertaining to the
application were received during the 30 days following the publication of the public notice.
FindinQS of Fact
The individual authorized to act for the applicant, Mr. Donald Cook, Consulting Engineer
has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-
62-31.1(b)(1)tyhich states that "The director may allow an individual wastewater system other
than a cesspool to be used for two dwelling units which may or may not be located within the
same building provided: (A) Both of the dwelling units are located on the same single family
residential lot; and (B) The individual wastewater system used shall meet the current
requirements of this chapter."
The applicant states the total area of the subject lot is 9209 square feet. The lot has 2
buildings on it, consisting of four one-bedroom apartments. By DOH standards, the wastewater
design flow is 4 bedrooms times 200 GPD = 800GPD. However, available water records for the
last 24 months show an average use of 545 GPD, with a maximum of 780GPD during the same
period. The multiple dwelling is located at 75-180 Ala Ona Ona Street, Kailua-Kona, Hawaii,
and identified as TMK: (3) 7-5-022: 144.
John Ross S }'Dung llui Ross Variance Application W W 199. Docket No. 05-VW W-33,
Findings of Facl and Conclusions of Law, Page 1
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-33
Variance Application No. WW 199 )
for Individual Wastewater System )
Use of Individual Wastewater System ) DRAFT - S]GNATURE NOT REQUIRED
on a 9209 Square Foot log at )
75-180 Ala Ona Ona Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 144 )
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 11-62-23.1(b)(1) 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 wastewater disposal, than each septic tank shall be
fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the four (4) dwelling units
connected to a single septic system.
4. If a soil absorption bed/]each lines are used for wastewater disposal, than the
existing cesspools shall be abandoned per the requirements of the Department of
Health-Wastewater Branch.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The applicant has made the following statements.
1. There are two buildings on the subject lot, each with two dwelling units.
Although there are only a total of 4 bedrooms, there are contained in 4 dwelling
units. If more than 2 dwellings are connected to one IWS, then a variance is
required by DOH rule.
2. The existing large capacity cesspool(s) (LCC) must be closed and replaced with a
new treatment individual wastewater system by April 5, 2005 in order to comply
with federal requirements.
3. 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.
4. 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.
5. 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.
6 The residents of the Downtown Area of Kailua-Kona are essentially economically
depressed.
7. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
8 The variance is requested for the maximum of five (5) years.
Plot maps were attached to the variance application but are not shown here. If you would
like to review the ful? 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.
The following agencies submitted the following comments..
John Ross & l oung llui Russ Variance Application W W 199. Docket No. 05-V W W-33,
Findings of Fact and Conclusions of Law, Page 2
1. The Safe Drinking Water Branch submitted the following comments:
A. The subject property is situated makai or below the Underground Injection
Control (UIC) line. Land areas below the UIC line, in general, overlie
aquifers that are not on underground source of drinking water for injection
well regulatory purposes;
B. There are no program-recorded drinking water wells within a quarter mile
of the subject property;
C. Based on the wastewater design flow and water-usage records presented,
the large-capacity cesspool's conversion to a seepage pit does not create
an injection-well seepage pit. Thus, UIC permitting requirements do not
apply; and
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.
Please contact Jamie Rimando at telephone (808)586-4258 if you have any
questions.
4. 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 for disposal, than each septic tank shall be fitted
with an eflluent filter(s).
C. If a soil absorption bed/leach lines are used for wastewater disposal, the
existing cesspool(s) shall be abandoned per the requirements of the
Department ofHealth-Wastewater Branch.
D. The project shall connect to the Coun[y 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
that:
John Ross & Young Hui Ross Variance Application W W 199, Dockel No. OS-V W W-33,
Findings of Facl and Conclusions of law, Page 3
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:
I. 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 wastewater disposal, than each septic tank shall be
fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the four (4) dwelling units
connected to a single septic system.
4. If a soil absorption bed/leach lines are used for wastewater disposal, than the
existing cesspools shall be abandoned per the requirements of the Department of
Health-Wastewater Branch.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
lobo Russ & 1 oung Hui Ross Variance Applicalim~ W W 199. Dockel No. OS-V W W-33,
Findings of Facl and Conclusions of Law, Page 4
Transmittal Date: N ~ l ~'lp0 S ease Date: U
Wastewater Branch Variance Ap lication Docket No. _ VWW - _ APP ~ WW
Name/Title: h n ~ S Ou1'1 1~1.t.,1
Subjeck Draft Decision Letter with Decision &r Order an Findin s of Fact 8r Conclusions of Law
ROUTE TO:
Director of Health -Chi ome Leinaala Fukino
De ty Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas £ Arizumi
Attorney General's Office, AG Mark Bennet, De ty Mark McConnel, De t Ben Roberta
Clean Water Branch -Denis Lau
Environmental Plannin Office - 'bGt l~0 ~ 0[ l~ 0
Safe Drinkin Water Branch -William Won ,
Sanitation Branch -Commercial Pro rties Only!
Wastewater Branch Nei hbor Is]and Staff - KO Y1 G - ( VY1 G45
[ ]Board of Water Supply -Clifford Jamille
[ j~ County of Hawaii Dept of Water Supply -Milton Pavao .
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County Department of Water - ~ W0. -[SC['11-f-
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian .
Oa u Nei hborhood Board •
City & County of Honolulu, Department of Plannin 8r Permittin
County of 1a, ~ _ Council ,
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision 8r Order, please submit them in
writing on a separate sheet. Otherwise, please file or discard at your discretion. No need to
return.
The SIGNED FINAL Decision 8r Order will be forthcoming.
If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (SOS) 586-4294 fax (808) 586-4300.
Received by W WB 2005 variance route slip -draft decision.doc as of 07/18/2005 vww