HomeMy WebLinkAboutCOM 0584.000 2004-2006 /S M1
LINDA LINGLE r ~ ~ CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII b DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96691-3378 FNa'.
November 17, 2005
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W W ] 79 ~rlal Dec CL
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CERTIFIED MAIL 7002 3150 0001 6551 0323
RETURN RECEIPT REQUESTED
- tv
Ms. Gail Tsuboi
Corporate Counsel
Costco Wholesale Corporation
999 Lake Drive
Issaquah, Washington 98027
Dear Ms. Tsuboi:
Subject: Variance Application No. WW 179 Docket No. OS-VWW-13
Septic Systems for the Costco -Wholesale Corporation
73-5600 Maiau Street, Kailua-Kona, Hawaii, TMK: (3) 7-3-051: 001
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on November 14, 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 our direct toll free
telephone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
~~~Y1'ZB2~~~i1iY4ic
THOMAS E. ARIZUMl'; i'~, CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Facl and Conclusions of Law
ec: Ran Neely, RT Engineers, Inc.
Rod Wilson, Mulvanny, G2 Comm. No.
Clean Water Branch ~~Tr ~Ct
District Health Office -Hilo ~
q
Environmental Planning Office A~r 019 'r ~ ~~i -
Safe Drinking Water Branch
Department oC Water -County of Hawail
\.rlawaii County Council
Wastewater Branch -Kona Stall Engineer
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-13
Vaziance Application No. WW 179 )
for Individual Wastewater System )
Sanitary Lines & Combined Lines to be )
Treated by Oversized Septic Systems )
for the Costco -Wholesale Corporation )
73-5600 Maiau Street, Kailua-Kona, HI )
TMK: (3) 7-3-051: 001 )
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 11-62-03 pertaining to the definition of an individual wastewater system 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. Each septic tank shall be fitted with an effluent filter(s).
3. Wastewater from commercial kitchens, bakery, and meat cutting operations shall not be
discharged into the septic system.
4. The existing seepage pits (if applicable) shall be properly registered/permitted by the
Department's Underground Injection Well Program.
5. The project shall connect to the County sewer service system should it become available
to the area.
6. This variance shall only be applicable to the wastewater generated at the "front zone" of
the store. The "front zone" consists of IWSs serving public restroom facilities and the
combined wastewater generated at the deli and the employee restroom at the tire center.
DATED: Honolulu, Hawaii, November 14, 2005
Thomas E. Arizunit;
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-13
Variance Application No. WW 179 )
for Individual Wastewater System )
Sanitary Lines & Combined Lines to be )
Treated by Oversized Septic Systems )
for the Costco -Wholesale Corporation )
73-5600 Maiau Street, Kailua-Kona, HI )
TMK: (3) 7-3-051: 001 )
FINDINC;S OF FACT AND CONCLUSIONS OF LAW
An application from Ms. Gail Tsuboi, corporate counsel for Costco Wholesale
Corporation located at 999 Lake Drive, Issaquah, Washington for alive-year variance from
Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 pertaining to the
definition of an individual wastewater system was reviewed by the Department of Health staff,
and a public notice of the application was printed in the May 6, 2004 and May 9, 2005 issues of
the Honolulu Star Bulletin and West Hawaii Today publications. Five (5) Department of Health
agency comments and no public comment pertaining to the application were received during the
30 days following the publication of the public notice.
Findings of Fact
The applicant, Ms. Gail Tsuboi, corporate counsel for Costco -Wholesale Corporation
located at 999 Lake Drive, Issaquah, Washington, has applied for a five (5) year variance from
Hawaii Administrative Rules (HAR), Section I 1-62-03 pertaining to the definition of an
individual wastewater system. The applicant has stated wastewater from sanitary lines and the
combined line are proposed to be treated with oversized two compartment septic tanks with
effluent filters, which will discharge into existing horizontal seepage pits. The new tanks will be
located to allow current operations to continue during construction. The location of the Costco -
Wholesale store is 73-5600 Maiau Street, Kailua-Kona, Hawaii, and is identified as
TMK: (3) 7-3-051: 001.
The applicant has made the following statements.
Corico Fiona Variance ,4pplication W W 179, Docket No. OS-VW W-13. Findings of Facl and Conclusions of law, Page 1
1. The 156,152 sf store is located on a 16.1 acre parcel. There are three (3) sanitary
lines, one (1) food processing line, and one (1) combined line exiting the
building. Each of the five (5) lines has a separate horizontal seepage pit. Water
consumption since February I, 2005 has been metered at two places and divided
into front and rear zones.
2. The front zone is averaging approximately 4,885 gpd and includes both men's
and women's public restroom facilities on two separate lines exiting the building,
plus the combined line serving the deli and fire center employee restroom. The
deli re-packages food mainly for consumption at the store on paper & plastic
service. There are no cooking operations, no extensive water use nor any food or
cooking wastes. Water use and FOG production are minimal. An 1,800 gallon
grease trap intercepts the deli waste before joining the fire center employee
restroom waste. It is highly unlikely that the deli generates more than a few
hundred gallons per day. The fire center employee restroom serves 5 employees
at most. It is unlikely to generate more than a hundred gallons per day. Therefore
the public restroom facilities in the front zone of the store are estimated to be
using approximately 4,385 gpd and the combined line is estimated at 500 gpd for
sizing and design of the wastewater treatment upgrades.
3. The rear zone is averaging approximately 2,761 gpd of metered flow and includes
a sanitary line for the delivery area employee restrooms (mens' & women's), and
a food- processing line for the butcher bakery shops. The restroom facilities are
estimated to be generating 400 gpd based on approximately 30 employees
generally in the delivery, storage, stocking, butcher, and bakery areas and the
balance of the flow or 2,361 gpd is being generated by the butcher and bakery
areas. A 900 gallon grease trap serves the butcher bakery line.
4. The sanitary lines and the combined line are proposed to be treated with oversized
septic systems using two compartment tanks and effluent filters, which will all
discharge to the existing horizontal seepage pits. The new tanks will be located to
allow current operations to continue during construction. A wastewater design
package is being forwarded to the State Department of Health for review.
5. The butcher bakery line is still being analyzed for further treatment consideration.
Wastewater design plans will be submitted to the Department of Health within a
few weeks.
6. 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
5,500 gallons per day.
7. 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.
Costco Kona Variance AppGwhon N'W' 179. Bockzl No. DS-vW W-13, Findings of Fact and Conclusions of law, Page 2
S. 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.
9. 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.
10. 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.
11 The variance is requested for the maximum of five (5) years.
The following Department of Health agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application.
2. The Environmental Planning Office submitted the following comment:
No comment at this time but recommends to grant this variance application.
3. The Safe Drinking Water Branch submitted the following comments:
A. The project site is situated makai or below the Underground Injection
Control (UIC) line. Land areas below the UIC line, in general, overlie
aquifers that are 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
of the subject property;
C. The horizontal seepage pits may by subject to the UIC permit if the
seepage pits meet the definition of an injection well. The as-built details
of the horizontal seepage pits should be submitted to the UIC program for
injection well evaluation;
D. The public notice indicates that the estimated flow amount is 5,500
gallons per day. An oversized septic system may not provide adequate
wastewater treatment; and
Costco Kona Variance Application W W I79, Uocket No, 05-V W W-13, Findings of Fac[ and Conclusions of law, Page 3
E We do not recommend this variance. A treatment system, such as an
aerobic treatment system that provides adequate wastewater treatment
should be utilized instead.
Please contact Jaime 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. Each septic tank shall be fitted with an ellluent filter(s).
C. 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.
5. The District Health Office -Kona submitted the following comments:
Recommend to grant this variance application.
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:
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.
Coslco Kona Variance Application W W 179, Dockal No. OS-V W W-13, Pmdings of Pact and Conclusions of Iaw, Page 4
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 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. Each septic tank shall be fitted with an eflluent filter(s).
3. Wastewater from commercial kitchens, bakery, and meat cutting operations shall
not be discharged into the septic system.
4. The existing seepage pits (if applicable) shall be properly registered/permitted by
the Department's Underground Injection Well Program.
5. The project shall connect to the County sewer service system should it become
available to the area.
6. This variance shall only be applicable to the wastewater generated at the "front
zone" of the store. The "front zone" consists of IWSs serving public restroom
facilities and the combined wastewater generated at the deli and the employee
restroom at the tire center.
DATED: Honolulu, Hawaii, ~i/~N,o~vember 14. 2005
Thomas E. Arizumi, .E.
Chief, Environmental anagement Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Costco l:aia Variance Application W W 179, Uockel No. 05-V W W-13, Findings of}'aA and Conclusions of Law, Page 5
Transmittal Date: ' 0 ~ S Suspense Date: - A -
Wastewater Branch -Variance Application No. WWI Docket No. ~ - VWW -
Name/Title -
SUBJECT:
Cover Letter, Public Notice 8r Variance Application
Draft Decision Cover Letter, Decision 8r Order and Findin s of Fact &CConclusions of Law
Final Decision Cover Letter, Si ed Decision 8r Order and Findin s 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 & Arizumi
Attorney General's Office, AG Mark Bennet, De ty Mark McConneL De Ben Roberts
Clean Water Branch -Denis Lau
Environmental Plannin Office -June Ham an Lum
Safe Drinkin Water Branch -William Won
Sanitation Branch -Commercial Pro rties Only!
Wastewater Branch Nei hbor Island Staff - nq
Board of Water Supply -Clifford Jamille
ounty of Hawaii Dept of Water Supply -Milton Pavao
County of Maui Dept of Water Supply -George Y. Tengan
Kauai County De artment of Water Ernest Y.W. Lau
District Health Office -Maui -Herbert Matsuliayashi, Chief Sanitarian
District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District Health Office -Kona -Paul Okuna, Supervising Sanitarian
istrict Health Office -Hilo -Aaron Ueno, Chief Sanitarian
Oahu Nei hborhood Board ~
City 8r County of Honolulu, Department of Planning 8r Permittin
yr 1 an
[ ~-rl v
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.
Please feel free to submit comments when returnin this route sll 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 96$14-4920 or phone (80$) 5$6-4294 fax ($O$) S$6-4300.
Received by W WB _ vaziance route slip.doc as of 2/10/2005 vww