The URL can be used to link to this page

Home My WebLink AboutCOM 0649.000 2004-2006 A~~1Y3? 7 h ~~C ~ _ ~ LINDA LINGLE i, CHIYOME LEINMLA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAV~Id1T~ DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWA11 96801-3378 File: January 9, 2006 W W 166 Final Dec CL.wpd C:Hvfy D\ w6060027 CERTIFIED MAIL 7002 3150 0001 6551 0156 RETURN RECEIPT REQUESTED Mr. Howard Leung Contract Administrator Niking Corporation P.O. Box 517 Pearl City, Hawaii 96782 Dear Mr. Leung: Subject: Variance Application No. WW 1GG Docket No. 04-VWW-18 Conversion of Eight (8) Large Capacity Cesspools into Individual Wastewater Septic Systems at Pohakuloa Anny Training Area MM #36 Saddle Road, Hilo, Hawaii TMK: (3) 4-4-016: 006 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on January 3, 2006. 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 586-4294 or fax 586-4300. Sincerely, J THOMAS E. ARIZUMI, ~:>'IIEF Environmental Management Division Comm. No. _ Enclosures: Final llecision ana Order RC{' 1a' Findings ofPact and Concluslans of 1 u~~ Rcti{ ~ ry7~ ~ A \I ~ (1 c: Clean Waler Branch A 1Y J Environmental Planning Olllcc Safe Drinking Watcr Wrench Wastewater Blanch -Hilo ti.,dl-Lnglnccr llepartment of Watcr Supph - Counh of I la~~ail District Health Office - Hi6~ y[3awaii Coun[y Council STATE OF HAWAlI 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 ) 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 11-62, 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 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, January 3, 2006 Thomas E Arizumi, P.E. Chief, Em ironmental Management Division 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 ) Cesspools into Individual Wastewater ) Septic Systems at Pohakuloa Army ) Training Area, MM #36 Saddle Road ) Hilo, Hawaii, TMK: (3) 4-4-016: 006 ) F1ND]NGS OF FACT AND CONCLUSIONS OF LAW An application from 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 1 1, Section 1 1-62-31.1(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) comments pertaining to the application vt~ere 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 (1WSs). 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) 4-4-016: 006. The applicant has made the following statements. 1. The septic systems proposed to serve the facility do not comply with HAR Section 22-62-03. Three (3) systems would receive more than 1,000 gallons per day of wastewater. The estimated flow to the systems would be as shown below: Pohakuloa .'unrv'frauung Ama_ Vananw Application W N' 16G. Docket No. 04-V W W-1$ Fmdingc o(ract and Conelusione of Law, Page I Design Flow 6 greater than 1,000 gpd (3,750 gpd estd) ] 0 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 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 (septic system) 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. This is a temporary measure. Anew secondary treatment plant is proposed for PTA in the next 10 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 9F~814-4920, telephone (808)586-4294, or fax (808)586-4300. The following agencies submitted the following comments: l . 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 UIC 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 L CCs need to be registered under a UIC permit because the LCCs apparently receive more than one thousand gallons per day of wastewater flow. Afrer the conversion of the LCCs 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 I'ohakuloa N~nv 9}-wining Area, Vwianca Application U'\A' 166_ Docket No. UJ-V\NW-I8, Findings of tact and Conclusions orl,a'~~'- page2 insure proper operation and maintenance of the individual wastewater 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 Comity 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: I 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 cif 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 tl\e 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 \vith the following conditions: Pohakuloa F\I19V 'training : \rca. Variance :\pplication W W I GG, nocket No. 04-V W W-18, ITindinGS ofPacl m~U Conclusions oflaw. Page 3 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 e8luent filter(s). 3. If the existing cesspool(s) is used as a seepage pit and receives 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, January 3, 2006 Thomas E. Ariz i, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Pohakuloa FlrmV Training Nva. Variance Application AA' W 166, Docket No. 04-V W W-1$ Findings of I'acl :md Conclusions' o(Law, Fags 4 ti ~~yl, " ~.si~jv,9-?: ~~~.ma~+ t=`=.~~"~,°,+'.p~"wbh,..f . ti+r ~s+!!~„ ~-S!'~,'`~'°'~~'?+N3t~~+h`!~~?pStl!': :..€'t~+!4l~t~j~;$ r+~;:a+;±i,. ~ Transmittal.Date: Sub'ect: Variance Appiication W W Docket Number ~ ` ~ w NameJTitle ~t~I,l iVIA ~ R cirNED FINAL Decision 8z Ordet and ` di ;af Fact. at~tl Coatii~aioar of Lrtw " Rated to: Director of Health, Chiyome L. Fukino Deputy Director for Environmental Health.l?~dmipi~rt~tion Laurence K. Lau Environmental Managemem Division!':, Thomas E ~ Chief Attorney General's Office, Mark Bennet, D+~p. Iv1cCpMte1 or Dep. Ban Roberts Clean Water Branch,. Denis Lau, ~r~ar?ctn Chief • District Health Office ~•II.~ , Attn: ~ . Environmental Planning Office, r ~ Manages d Safe Drinidng Water Branch, Williarir W ~ B , Chi Sanitatio Branch, Brian Choy, Branch Chief Water: a: N~i~iborho0d Board # X Other. Attn• Other. . Other: . Attp: Other: Atth~ Pu oae: THE ATTACHED IS FORYO~ 1NF(~.tMATION PLEASE FILE OR DI$CARI~ A'I` Ii~ITR $I~CRE'Ti01't Should you have questions, please contact the Wasteu~a#er Bra>,ch's Planning & Design Section, Lori Kajiwara at telephone number on Oahu tit (80$)5>rfi-4294. vrgma 1)ao raae.vrpd VnA a dM/gue 4; 2sa