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LINDA LINGLE CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII 6` DIRECTOR OF HEALTH
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STATE OF HAWAII = - -
DEPARTMENT OF HEALTH
PO. 80X 3378 In reply, please refer to:
HONOLULU, HAWAII96801-3378 ~ File:
December 13, 2005
W W 166 Draft Dec CL
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Mr. Howard Leung
Contract Administrator
Niking Corporation
P.O. Box 517
Pearl City, Hawaii 96782
Dear Mr. Leung:
Subject: Variance Application No. WW 166 Docket No. 04-VWW-18
Conversion of Eight (8) Large Capacity Cesspools into Individual Wastewater
Septic Systems at Pohakuloa Army Training Area
MM #36 Saddle Road, Hilo, Hawaii
TMK:(3) 4-4-016: 006
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 telephone 586-4294, fax 586-4300 no later than the close of business on Friday
December 30, 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,
?(G~ --Z-7~-c
C.~7~~%L,~~
THOMAS E. ARiZLJMI, ~ . CHIEF
Environmental Management Division
Enclosures: llraft Decision and Order
Draft Findings oCFact and Conclusions of La«
c: Clean Water Branch
District Health Office - Hdo
Environments{ Planning Office
Safe Drinking Water Branch ~ I
Department of Water Supply -County of Hatsaii
„I4awaii County Council Comm. No.
Wastewater Branch - Hiln StalTEngineer Ref. To:
R~. sore SFr 2~~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 04-VWW-18
Variance Application No. WW 166 )
for Individual Wastewater System )
Conversion of Eight (8) Large Capacity ) DRAFT -Signature Not Required
Cesspools into Individual Wastewater )
Septic Systems at Pohakuloa Army )
Training Area, MM #36 Saddle Road, )
Hilo, Hawaii TMK: (3) 4-4-016: 006 )
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 ] 1-62, Section 11-62-31.1(a)92)(A) is hereby GRANTED with
the following provisions:
1. 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.
2. If the existing cesspools are used as seepage pits, then each septic tank shall be
fitted with an effluent filter(s).
3. If the existing cesspool(s) is used as a seepage pit and receives receiving more
than 1000 gallons per day of domestic wastewater, then the seepage pit(s) shall be
properly permitted by the Underground Injection Control program.
4. If a soil absorption bed/leach lines are used and flows are less than 1000 gallons
per day, then the existing Large Capacity Cesspool shall be properly abandoned
by following the criteria developed by the Department's Wastewater Branch.
5. If a soil absorption bed/leach lines are used and flows are greater than 1000
gallons per day, then the existing Large Capacity Cesspools shall be properly
abandoned by following criteria developed by the Department's Safe Drinking
Water Branch.
6. 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 HAWAD
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 04-VWW-18
Variance Application No. WW 166 )
for Individual Wastewater System )
Conversion of Eight (8) Large Capacity ) DRAFT -SIGNATURE NOT REQUIRED
Cesspools into Individual Wastewater )
Septic Systems at Pohakuloa Army )
Training Area )
MM #36 Saddle Road, Hilo, Hawaii )
TMK: (3) 4-4-016: 006 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Colonel Floyd Quintana, US Army, Directorate of Public Works,
Schofield Barracks, Wahiawa, Oahu, for a five (5) year variance from Hawaii Administrative
Rules, Chapter 62 of Title 11, Section 1 1-62-31.I(a)(2)(A) was reviewed by the Department of
Health staff, and a public notice of the application was printed in the October 21, 2005 issue of
the Honolulu Star Bulletin and the October 26, 2005 issue of the Hawaii Tribune Herald
publications. Three (3) comrnents pertaining to the application were received during the 30 days
following the publication of the public notice.
Findings of Fact
The individual authorized to act for the applicant, Mr. Howard Leung, Contract
Administrator, Niking Corporation, Pearl City, Hawaii has applied for afive-year
variance from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(2)(A) pertaining
to "Developments involving buildings other than dwellings."
The applicant states that six (6) large capacity cesspools (LCCs) will be converted to five
(5) non-cesspool Individual Wastewater Systems (IWSs). Three (3) of these new IWSs will have
flows greater than 1,000 gallons per person per day. The location of this project for which the
variance is being applied for is the Pohakuloa Training Area (PTA) at MM #36 Saddle Road,
Hilo, Hawaii and identified as TMK (3) 4-4-O16: 006.
The applicant has made the following statements.
1. The septic systems proposed to serve the facility do not comply with HAR
Section 22-6~-03. Three (3) systems would receive more than 1,000 gallons per
day of wasteevater. The estimated flow to the systems would be as shown below:
Pohakuloa Aom'rraining Area, Variance Application WV\' 166, Docket No. 04-VW Wd8,
Findings of Pact and Conclusions of Law, Page 1
Design Flow
6 greater than 1,000 gpd (3,750 gpd estd)
10 less than 1,000 gpd (750 gdp estd)
18 less than 1,000 gpd (625 gp estd)
26 (LCC 27 relates to this IWS) greater than 1,000 gpd (8,625 gpd estd)
28 greater than 1,000 gpd (1,875 gpd estd)
2. All these cesspools will be converted to non-cesspool IWS.
3. The applicant believes this variance request 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 IW S 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 (septic
system) will provide a better treatment system prior to eftluenY 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. This is a temporary measure. Anew secondary treatment plant is proposed for
PTA in the next ] 0 years.
Plot maps and Septic Tank Designs for the Large Cesspool Conversions were attached to
this application for variance but can not be shown here. Documents can be viewed by
calling or writing to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309,
Honolulu, Hawaii 96814-4920, telephone (808)586-4294, or fax (808)586-4300.
The following agencies submitted the following comments:
1. The Clean Water Branch has submitted the following comment:
We recommend to grant this variance application.
2. The Safe Drinking Water Branch has submitted the following comments:
A. The project area is situation "mauka" or above the LJIC line; therefore, it
overlies ore recharges a potential underground source of drinking water.
Chapter 1 1-23, the UIC rules, prohibits the construction and operation of
any new sewage injection well above the UIC line;
B. The LCCs need to be registered under a UIC permit because the LCCs
apparently receive more than one thousand gallons per day of wastewater
flow. After the conversion of the I,CCs into seepage pits, a UIC permit is
still required to operate the seepage pits as injection wells;
C. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the individual wastewater
Pohakuloa : vnry'Craining Area. Varianca Application W W' 1 GG, Dockcl No. 04-V W W-1$
Findings oC Pact and Conclusions oC I aw. Pagc 2
systems; and
D. We have no objection to the variance.
If you have any questions, please call us at 586-4258.
3. 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 effluent 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.
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
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 IWS shall be submitted to the Wastewater Branch for review and
Pohakuloa Annv Training Area, Variance Application W W 166, Docket No. 04-V W W-18,
Findings of Pac[ and Conclusions of Law, Page 3
approval before any construction begins. In addition, the treatment IWS shall be
approved in writing before being placed into service.
2. If the existing cesspools are used as seepage pits, then each septic tank shall be
fitted with an effluent filter(s).
3. If the existing cesspool(s) is used as a seepage pit and receives receiving more
than 1000 gallons per day of domestic wastewater, then the seepage pit(s) shall be
properly permitted by the Underground Injection Control program.
4 If a soil absorption bed/leach lines are used and flows are less than 1000 gallons
per day, then the existing Large Capacity Cesspool shall be properly abandoned
by following the criteria developed by the Department's Wastewater Branch.
5 If a soil absorption bed/leach lines are used and flows are greater than 1000
gallons per day, then the existing Large Capacity Cesspools shall be properly
abandoned by following criteria developed by the Department's Safe Drinking
Water Branch-
6. 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.
Pohakuloa Anny'1'raining Area. Vm'ianre Application \\'W 166, Docket No. 04-VW W-18,
Findings of Fac[ and Conclusions of Law, Pagc 4
Transmittal Date: Susp Date:
Sub'ect:
Variance Application W W Docket N1~mber _ ~ _
~o~uilculaa rtrm~l ~ ,
Name/Title i~~/ .t ~ ~
"DRAFT Decision & Order arrd Findings df 1~'act and! C~ondnsiq¦i of Lt~v "
Routed to•
Director of Health, Chiyome L. Fukino
Deputy Director for Environmental Heahh Ad ' nlttratiott, Lawence S. Lau
Environmental Management Divisgn, Thomas Ariwmi, Chief
Attorney General's Office, Mark $ennet, I~ep. t~rk McGonnei or D . Beat Robmts
Clean Water Branch, Denis Lau, branch !Chief
" District Health Office Attn:
` Environmental Planning Office, dape~i3~NM~ Pragrdm M AI u~fJ~
Safe Drinking Water Branch, Willem Wotlg, Hfarich Chief
Sanitation Branch, Brian Choy, Bunch Chef
Water: I 1
l+je' orhrlod Board #
Other: ~ n:
Other: Attn:
Re uestin comments:
Please feel free to write corrections/conunents an this attached documents and/or subatit formal
comments in writing. Please mail all document8 dire~tly to:
Mr. Harold Yee; Chief
DOH-EMD, WaatewkterBranch
919 AIa Moans Blvdx Rpom 3019
Honolulu, Hawaii 96844•-4920
Attn: P/D Seddon, parlance
Should you have questions, please contact the Wastejwteter Breach's Planning & Desigrt
Section, Lori Kajiwara at telephone number on Oah' at (808)5~(w4294.
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