HomeMy WebLinkAboutCOM 0650.000 2004-2006 ~'~"y~~k
LINDA LINGLE ! CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
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STATE OF HAWAII '
DEPARTMENT OP HEALTH
P.O. BO% 3378 In reply, please refer to:
HONOLULU, HAWA1196801-33]8 ~ File:
January 9, 2006
W W 203 Draft Dec CI.
C:\iviy D\ WB060021
Mr. Peter J.K. Dahlberg
Civil Engineer
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 203 Docket No. OS-VWW-37
Use of an Individual Wastewater System Exceeding 1000 gpd
Paniolo Country Inn, 65-1214 Lindsey Road, Kamuela, Hawaii
TNII{: (3) 6-5-005: 021 18,512 sf
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 our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300 no later
than the close of business on Friday January 27, 2006. 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,
C_~?~y~~~L'~T,a~'~ you,
THOMAS E. ARIZUMI/~ CHIEh
Em~ironmental Management Division Comm. No. ~ SO
Enclosures: Dreft llccixion and r)nier Ref. To:
Draft Findings of F ie.t and Concluslonv of Law {Z~yt
C: Clean Water ffianch
Environmental Planning Onl c
Snfe Drinking Water Braoch
Wastewater Branch -Hilo SIaIT ISnginecr
Department of Water Supph~ - Cuunh~ of I la~caii
llistric[ I leahh Off cc - I I i'
~lawaii County Cnuncll
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-37
Variance Application No. WW 203 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
Exceeding 1000 gpd )DRAFT-SIGNATURE NOT REQUIRED
Paniolo Country Inn, 65-1214 Lindsey Road )
Kamuela, Hawaii )
TMK: (3) 6-5-005: 021 18,512 sf )
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 ofChapter 11-62, Section I 1-62-03 and I 1-62-31.1(a)(2)(D) is hereby
GRANTED with the following provisions:
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. Each septic tank shall be fitted with an effluent filter(s)
3. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch.
4. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter 11-62.
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 ) Docket No. OS-VWW-37
Variance Application No. WW 203 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
Exceeding 1000 gpd )DRAFT-SIGNATURE NOT REQUIRED
Paniolo Country Inn, 65-1214 Lindsey Road )
Kamuela, Hawaii )
TMK: (3) 6-5-005: 021 18,512 sf )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Bank of I{awaii (as Trustee - R. Smart Trust), 130 Merchant
Street, Honolulu, Oahu, Hawaii 96813 for a five (5) year variance from Hawaii Administrative
Rules, Chapter 62 of Title 1 1, Section I l -62-03 and 1 I-62-31.1(a)(2)(D) was reviewed by the
Department of Health staff, and a public notice of the application was printed in the November
2, 2005 issue of the Honolulu Star Bulletin and the November 6, 2005 issue of the Hawaii
Tribune Herald publications. Two (2) comments 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. Peter J.K.Dahlberg, Civil
Engineer, 75-372 Aloha Kona Drive, Kailua-Kona, Hawaii 96740 has applied for afive-year
variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions,
Individual Wastewater System which states "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 independem: system and shall have all of its
plumbing, treatment (if any), and disposal components separate from any other wastewater
system." and Section I 1-62-31.1(a)(2)(D) which states ""fhe total wastewater flow into each
individual wastewater system shall not exceed 1,000 gallons per day."
"I'he applicant is requesting the use of an individual wastewater system which exceeds
1000 gpd for the Paniolo Country Inn, arestaurant /food establishment located at 65-1214
Lindsey Road, Kamuela, Hawaii, TMK: (3) 6-5-005: 021. Projected wastewater flow from the
business is 2490 gpd. Proposed treatment unit to be used is a 3000 Gallon Septic Tank with
Eflluent Filter.
R Small Trust -Variance Application \4'W ?03. Uockci No. OS_VN'N'-37. Pmdings of Fact and Conclusions of Law, Page 1
The applicant has made the following statements.
The area of the (usable) lot (area) is 18,512 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 large capacity septic system proposed to serve the facility would not comply
with HAR Section l 1-62-03 because the IWS would receive more than 1,000
gallons per day of wastewater. The estimated flow into the system would be 2490
gallons per day.
3. 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.
4. 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.
5. The facility Itas been in operation for 20+ 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.
6. 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 a? 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 20+
years. The current State requirements oi' 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 close my existing business
and lay off my employees.
8. 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.
9. 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 ~•ill provide pretreatment and sludge removal prior to effluent
disposal.
l0. The owner ~~t the facility simply cannot afford to build and operate wastewater
systems meeting all the requirements of HAR Chapter 11-62 such as small
R Smazt Trust -Variance Anniic~ ion A4N' 203. Docket No. OS_VU' W-77, Findings of Pact and Conclusions oC law, Page 2
aerobic waste\vater treatment plants.
11. The variance is requested for the maximum of five (5) years.
The following agencies submitted the following comments:
1. The Safe Drinking Water Branch submitted the following comments:
A. The site is located above the Underground Injection Control (UIC) line;
B. Because the proposed improvement is being driven by the federal ban on
large-capacity cesspools, we have no objection to the granting this
variance; and
C Apparently, the existing cesspool (injection-well cesspool) received
greater than 1000 gallons per day (gpd) and should have been registered
with a UIC permit. The continued operation of an injection-well cesspool
as a seepage pit also requires a UIC permit. The abandonment of an
injection-well cesspool requires UIC program oversight. We recommend
that the facility's consultant contact us to address UIC compliance issues.
Please contact Norris Uehara at telephone (808)586-4258 if you have any
questions.
2. 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
treaUnent ]WS 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 Stature~_ Section 342D-6(c)(4).
R Sman Trust -Variance Apph caiioi ~ 203. UocAci No- 05-\'N' W-37. Findings of fact and Conclusions of Law, Page 3
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:
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. Each septic tank shall be fitted with an eflluent filter(s).
3. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch.
4. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter 11-62.
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.
R Smart Tnrst -Varianca Application \A'N' 2U3. UoeAc1 Vo. OS-l'N'\\'-37, findings of Pact and Conclusions of Law, Page 4
'l~ansmittal Date: r S ~
Wastewater Branch Variance A lication Docket Nm. APP'• WW
Name/Title: S
Sub' Draft Decision Letter with Decision & Order and ~ ' s pf Fact 8r Conclusions of Law
RO~lT6 T0:
Director of Health -Chi ome I,einapla Fukino
D Director for Environmerrts~ Health - ursnce Lau
Chief. F,N@ - Thomas S, Arisumi .
A 6er?erai's Office, AG Mark Bennet De $ill
Clean Water Branch -Denis Lau ~
Enviromrertal Office -Harold Lao
Safe Water Branch - William W
Sanitation Branch -Commercial Onl
Wastewater Branch Neighbor Island
[ ~ Kona -Dane Hirornasa ('IMKs S, 6, 8, 9) •
I I Hilo -Jerry Nunoqawa (TNIICs L 2, 3, 4)
I 1 Kauai -Joe Tateyama
[ 1 Maui - Roland Tejano
Watsr Departsner~ts
I 1 of Water Supply -Clifford JamiAe
[Xl County of Hawaii Dept of Water Supply - Mikot~ Pavan •
[ 1 County of Maui Dspt of Water, Supply + Gscsg~iY. Rin
( ]Kauai Count De nt of water - Jxdward
[ I ~ Heakh Office -Maui - Herbert Ma S~nilarian
[ ]District Health office -Kauai -Clyde TYlutk~j, ~itaa~an
I 1 District Health Office -Hilo -Aaron [Jetty, •
Ci 8r C of Honolulu, De artment of
Coon of Council
Oahu Ne' hborhood Board K
ACT10N REQtJSS"fF.D:
If you have corrunents or corrections to the DRAFT Decisiaap 8r Qrdier, please submit them in writing a¢? s
separate sheet Otherwise, please file or discard at your dislwreti4n+ Othef~+~vipje, keep for your rscads ar
discard.
The SIGNED FINAL Decision 8~ order will be forthcoming.
If there are comments, send to: Mr. Harold Yee, Chief, Wsslewate! Branch
919 Ala Moans Blvd; Roque 309
Honolulu, Hawaii 9($814H620
phone (80~ 586-4$94 ~a~c ISO SSb-4300.
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