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HomeMy WebLinkAboutCOM 0585.000 2004-2006 4~< we`'s ; e~_~, tk77y~ LINDA LINGLE t CHIYOME LEINAALA FUKINO, M.O. GOVERNOR OF HAWAII DIRECTOR OF HEALTH e°~ ~¢r, •ma.em.mo.~' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 3378 In reply, please refer to: HONOLULU, HAWAII 988013378 File: November 29, 2005 W W 208EN CL.wpd C:1My D1 WB051220 Mr. Dennis Inouye Septic Designs 884 Kupulau Road Hilo, Hawaii 96720 Dear Mr. Inouye: Subject: Variance Application No. WW 208 Docket No. OS-VWW-42 Proposed use of Septic Tank System for 2"d Existing Dwelling (4 Bedrooms) on Property Where 1" Existing Dwelling (3 Bedrooms) is serviced by Existing Cesspool on 15,673 square feet 1580 C-1 Kaupili Place, Hilo, Hawaii 96720-3000 TMK (3) 2-4-027: 070 The Department has reviewed your preliminary application for the variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, 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 Hawaii Tribune Herald one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice: Honolulu Star ]3ulletin, 500 Ala Momia Blvd, Seven Waterfront Plaza Suite 500, Honoluhr, Hawaii 96813 contact Ms. Ashley McKinley, telephone (808)529-9827, fax (808)529-4826, email ashley(~starbulletin.cony Hawaii Tribune-Hernlrl, contact Ms. Makanani Kaaaa, telephone (800)548-1294, fax (808)969-9100 email n~aka ca awaiiirihvne-hearcrld.cona 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 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. Comm. No. Ref. To: _ RD~f. G°te-DEC 1 4 2005 November 29, 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, / I (.~?f THOMAS E. ARIZLTMI, P.E. Chief, Environmental Management Division Enclosures: Receipt No. 13829 Public Notice c. Clean Water Branch Environmental Planning Oltice Safe Drinking Water Branch Wastewater Brunch - ILIo StatF Engineer Department of Water Supp1V -County of Hawaii llistric[ Health Office -Hilo ~-Hawaii County Council Harvey & Mollie Clum - Darters WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 208 DOCKET NO. OS - V W W - 42 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. Harvey & Mollie Chun of 1580 C-1 Kaupili Place, Hilo, Hawaii 96729-3000 has applied for a variance, for one (1) year stated from Hawaii Administrative Rules (HAR) from 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 all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system." nnrl Section I I-62-31. ] (a) (1) (A) "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." Mr. Dennis Inouye, owner of Septic Designs, 884 Kupulau Road, Hilo, Hawaii 96720 is the individual authorized to act for the applicant. The applicant has stated that the subject property has a total area of 15,673 square feet. The property has two (2) existing dwellings, 1 - 3 bedroom and 1 - 4 bedroom residence, serviced by an existing cesspool. Estimated wastewater flow = 1400 gpd. The existing cesspool shall remain and service the existing 3 bedroom dwelling. Proposed is a septic system for the existing 4 bedroom dwelling at the above mentioned subject property. The applicant has made the following comments. 1. The area of the lot is 15,673 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. 2. The subject property has 2 dwellings. in order to comply with federal requirement, each dwelling requires separate IWS. 3. The applicant believes this variance request is in the public interest because the LCC will be upgraded to an 1 W S (septic system). The 1 WS 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 ellluent disposal. The lWS 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 variance is requested for the one (1) year_ If you would like to review the full 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. DOHwill consider all written comments received within thirty days ofthis notice. Ifwarranted, 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. WW'AD$ Environmental Management Division Docket No. 0_?' - VWW - APPLICATION FOR VARIANCE -Primarily Concerning 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 5300.00 payable to State of Hawaii to: Hawaii State Department of Heath Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 98814-4920 Ph (808) 588~d294 Fax (808) 588-4300 Attachments are allowed, but preferred in 8 '/z" x 11"format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: SO -P' c- G 5 i h 6 (Corpo lion, company, a ency, firm, etc. seeking variance) Mailing address: 8 a `j- KU ~U I a n 1~~Y ~}i to, H-awai'~ ~jCo72o (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 [ ] School [ ] Golf course clubhouse / restroom [ j Restaurant /food establishment [ ] Others, please specify: [ ] Residential LCC [v] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. (3 ) 2 - - ~ ~ 7 ~ Application for LCC Variance.doc vww es of December 9, 2004 Page 1 of 6 1=Oahu 2=Maui 3=Big Island 4=Kauai 15igo C-l ~av~ili f Ioce (number) (street) }}i to t] ] g672o - 3oov (City) (Island) (Zipcode) B. Individual authorized to act for applicant: Name: I~Cnn15 '~,Vtou~e~ Title: pWnor ~ f SoP~tr~ besic1v~S Address: 88'F KUpulav t~ ~ F- l~o d-I-i x(07 2 0 (City) (Island) (Zip code) Phone No.: (S6 ~ ~ q 5`1 - 3770 Fax No.: (S U q 59 - I yj9-[ Email Address: 1,7t i 49 ~ a o I ~ cAm C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: Section 11-62-03 pefinitions 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 all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system." (v] 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 1 f-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings. The wastewater slow 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)(B) "Developments involving buildings other than dwellings. The total wastewater slow 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 Application for LCC Vanance.doc vww as of December 9, 2004 Page 2 of 6 which were created and recorded before the effective date of this rule, only one individual wastewater system shall be albwed." [1 II. SPECIFIC INFORMATION: A. Describe in detail the exisfing and conditions of the facility in relation to the requested variance. (Example: Requested Variance !s 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 office which are served by a cesspool. The estimated wastewater flow is 2, 000 9Pd•) Thy 3ubiect propOr~t.l Ytas a -(btaa area m f 15, ~l3 S4 • ft• propGe-ty I'ia5 2 L!ktS'l'inq dwclllnaS i I - 3 bedroom 4 ? -'4 b~clr-aon-t r~srdrJnce. ~arvtcod bc..t ah exisft~l ~s55p©ol. t=Sttm~tul ~,.t~s~owra-~or flow = l4po qpd. The exc5-ti Cc-ss mol shall remain and service 'j'h~z ex~si' i r~ ~j ~,d,rrvor-~ d wa I l i nq, Pi'o po scud i S ~ SG' l0'1' ~ G Sy S-tam-- ~or ~'l'~e. dxiS'Cirui `I' b~droor-.~ dwEf[irzq. 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. [vT The area of the lot is 15, 613 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 1,000 gallons per day of wastewater. The estimated flow into the system would be 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 Application for LCC Variance.doc vww as of December 9, 2004 Page 3 of 6 be altered to bring such facility into compliance with the environmental rotes of the State within a reasonable amount of time. Check all applicable reasons. [ ] 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 ongoing maintenance cost. [ ] 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. [ ] If not in the choices, please specify. Sub~ect y~ropor'Cc.l h~S 2 G{WGII i ^~iS , J In Orclmr -ta ff~mpty with. fCc~~r~t rec~uirGr~6n'f cac~ dwelttw.~ re vt r6s 3m or-~-tc l W 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). [vr 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 significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to dose my existing business and lay off my employees. [1 (2) The granting of the variance will not substantially endanger human health or safety. [v] The existing LCC will be upgraded to an IWS (septic system). The IWS will prov(de a better treatment system prior to effluent disposal. The tWS 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. Application for LCC Varience.doc vww as of December 9, 2004 Page 4 of 6 [ ] 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. [ ] 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 (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 [ ] 4 years [ ] 3 years [ ] 2 years [v] 1 year 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"). III. CERTIFICATION: I, tiartecl ~ MalliC Chun _ owh~rs , (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: ° ~ ~-1~~1 Date: ~ ~~7 ~ ~ DO NOT WRITE BE`L'OW -(F~ORyAGENCY,,UrS~E OMLY IV. Date Application received: ~~V~""" ZI / ~v~ Application for LCC Variance.tloc vww as of December 9, 2004 Page 5 of 6 V. Application No.: V'~ t' V I r1 VI. Docket No.: rO ,,1~ ~ ~ w Y V - ~ L VII. Received by: 1 ~'vI ~n~ VIII. Filing fee (E300.00) check date: ~ I " ~'-'1 -~},W(~,~/=~/ _ Check # ~ ~ IX. Department of Health Receipt # ~ ~J L~ X. Decision on Application (including date): XI. Date of Public Hearing: Application (or LCC Variance.doc vww as of December 9, 2004 Page 6 of 6 'ISransmittal Date: (,eY11 S naee Deeitis: . Wastewater Branch Variance A Iicatiott Docket No. -VW~i- A~F'P • WW Name/'Pitle; (jalW IJI 1~U Subject: Cover Letter, 'Notice and Variance lid ROUTE TO: Director of Health -Chi Dine LeinaaL Fw[+dno De Director far Environurentrtl Heat; ' - Lewtetsae Ls>w Chief ~ -Thomas E. Ariatuni A s4eneraYs Office. A6 Mark Senttet, Mark Clean Wetter Bretnch -Denis Lau • Fatviro~urtelntal Office -Harald • Safe DrWdn Water Branch - William W Sanitattion Branch -Commercial Wastewater $ranch Neighbor Island [ I Konei -Dane Hiraanasa CI1vIICa 5, 6, 3; 4) [>Q Hilo -Jerry Nunogawa (TMKs 1, 2.3.4) f 1 Ksvai -Jos Tsteyatna [ I Maui -Roland Ts3er,o water ~eprnrerts I 1 Board of Water Supply - Clifford Jatnille [)Q County of Hawaii Dept of Water SS~pply - Mtltam Favao • I 1 County of Maui Dept of Water Swppiy - Aeoa+ge Y. Tengart I 1 Kauai D of Water - Sdxwtrd T [ 1 Dictrfct Heakl~ Offce -Maui - Herbert l~aubsyeshi, Sardtadan [ 1 Dtstrict Health Office -Kauai - Clyde ~ Chief Banitariar District Health Office -Hilo - Anton Hasa, Sankerian C' & C of Honolulu, C of Council Oahu Ne' hood $oard • ACTION REQUESTED: Regarding the Cover Letter. Public Notice & Variete?ce Application, pisses cbedc one hoax: I 1 Recomn~td to GRANT this variance apgtlit~tian. I 1 Recommend to DENY this variance application. Reviewed by Contact 13hone • Fax • Please return this ROUTE SLIP with cammerts {if tr~a Itdd a aheetJ. Return this to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moans Bhrd. Room 309 Honolulu, Hawaii 968'14-492p phone (808 S8'6-4294 fax (f3Gb') 586-4300. ,~A Received by W WB 2005 variance route aYp - Douse letCOdoc as Of 09/S3/aC109 vww /