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LINDA LINGLE t CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII 1$ DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BO% 3378 In reply, please refer to:
HONOLULU, HAWAII96801-3378 File:
December 9, 2005
W W ]99,Draft 2 Deo CL
C:\My D\ WB051255
NIr. Donald Cook, Consulting Engineer - -
Ross Engineering, Inc.
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 at
75-180 Al Ona Ona Street, Kailua-Kona, Hawaii
TMK (3)7-5-022: 144
Please find enclosed a second 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 23, 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,
~~f
THOMAS E. ARIZLTrv1~- ~E ,~C/HIEF
Environmental Management Division
Enclosuros: Second Draft Decision and Order
Second Draft Findings ul i'act and Conclusions o1 Law
c: CleanWa[erBranch
Environmemal Planning Office
Safe Dricilcing Water Branch
llepartrnent of Wa[er Supply -County of Hawaii
District Health Office -Hilo
astewater Branch -Kona Staff }3nginccr
-Iawaii Counh~ Council
Comm. No.
Ref. To:
Ref. Gate OFf` ~ n 005
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 at )DRAFT #2 -SIGNATURE NOT REQUIRED
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 1 I-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 1250 gallons to accommodate the four (4) one
-bedroom 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
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) llocket No. OS-VWW-33
Variance Application No. WW 199 )
for Individual Wastewater System )
Use of Individual Wastewater System at )DRAFT #2 -SIGNATURE NOT REQUIRED
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 ofPaauilo, 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.
Findines of Fact
The individual authorized to act for the applicant, Mr. Donald Cook of Ross Engineering,
Inc., has applied for afive-year variance from the Hawaii
Administrative Rules (HAR), Section 11-62-31.1(b)(1) which 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. The specified tank size is 1250 gallons.
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
John Ross & Young Hui Boss Variance Application W W 19`), Docker No. OS-VW W-33,
rindings of Pad and Conclusions of Law, Page 1
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 ellluent
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 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.
The following agencies submitted the following comments:
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;
John Ross & Young I Iui Ross Variance ,~tplication W W 199, IJockelTJo. OS-V W W-33,
findings of Pact and Conclusions of Irw, Page 2
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 [WS 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 effluent filter(s).
C If a sail 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 County 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:
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
lolm Ross & Young Hui Ross Variance Application W W 199, Docket No. OS-VW W-33,
Findings of Fact and Conclusions of law, Page 3
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:
Plans for each treatment 1WS 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 1250 gallons to accommodate the four (4)
one-bedroom 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.
Jotm Ross & Young Ilui Ross Variance Application \NW' 199, Docket No. OS-VW W-33,
Findings of Pacl and Conclusioivs of lzw, Page 4
Transnnittal Date: Data
Wastem?~ter Branch Variance A 'Cation Doclcst I+to. - VWW - • W'GV
~latrie/1Ytte: 4 Ross (A.i K,od'.S
Draft Decision Letter with Decision 8r of Fact 8r Ca~.duMipna of Law
3 try
ROUT&T0: Zh6I T~~~~l-'~ ~ '
Director of Health -Chi ome Leinaala Fukino ~ ~ i h
Direcloar for F.nvironmential Health Adutin' atiiot? -Laurence Lau
CEtief, $MU - ~`irotnas 8 Arieutni
A Psezteral's OFRce, AG Mack Bennet, D k McCcnneL
Clean Water arch -Denis Lau ~
TmevirvttuientsMl Office -Harold Lao e
safe .water Branch -William Wo
l;anitation BsRnch ~ Commercial ies Onl
wastewater Branch Neighbor Island Staff
Kona -Dane Hircanasa (TNRCs S; 6. S, 9)•
Jerry Nunogawa (11vIICs 1, 2, 3, 4)
uai -Joe Tateyama
[ Maui -Roland Tejano
water Departments
I 1 ward of water Supply -Clifford Jamille
IXl C~m3 ofHnwaii Dept of Wata Supply - Favao
I 1 ~ ~ Maui Dept oi` Water ;Supply - Geo Y. Tea~gan
[ 1 I4uai D ern of VNster - Sd
[ 1 Di~"~ Office -Maui - t~isrbert yaaAi, Chiaf Sanitarian
I 1 District Health Office -Kauai - Clyde T 1~1ef blgnttarian
.District Ideaith Office -Hilo -Baron Ueno, Chief Sanitarian
C' 8r Coun of Honolul+~, D nt of Platsn' $ Fermi '
of _Council•
Oahu N ' hood Board «
ACTION RSQUES"l'BD:
if you have comments ae corrections to the DRAFT Decision Order, please submit them in writing an a
separate sheet. Otherwise, please fife or discard at your discretion. Otherwise, ]csep for ywr reeasda or
discard.
the SiGN6D FINAL Decision ~ Order will be forthcoming.
If there are continents, send to: Mr. Harold Yee, Chief. Wastewater Branch
919 Ala Moans Blvd. i$cam 309
Honoiulw Hawaii 96814-~49J20
phone (808) 586-4294 fax (808) 586-4300.
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