HomeMy WebLinkAboutCOM 0651.000 2004-2006 ~ ~ 4
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LINDA LINGLE ~ CHIYOME LEINAAU FUKINO, M.D.
GOVERNOR OF HAWAII ~ DIRECTOfl OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
January 9, 2006
W W 206 Draft Dec CL
Ct\Ivfy D\ WB060035
Mr. Peter Dahlberg
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 206 Docket No. OS-VWW-40
Two (2) Variance Requests:
1. Use of Individual Wastewater System receiving flows greater than 1000
gpd (total flow estimated 14] 5 gpd); and
2. Use of new septic and absorption bed receiving restaurant flows greater
than 1000 gpd (projected flow is 2350 gpd).
Kohala Village Inn & Restaurant, 55-514 Hawi Road, Hawi, Hawaii
TMK: (3) 5-5-010: 021, 022, 023
Please find enclosed a draff 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,
i ~ ~ ~ ~ Comm. No.~~_
THOMAS E. ARIZUnRt,'P.E., CHIEF Ref. To:
Environmental Management Division Rof, C o.,.
lnclosures. Drab Ducislou and Ordcr
Draft Findings oCPact and Conclusu>ns of Law
c: Clean Water Branch
Environmental Manning OCLec
Safe Drinking Water Branch
Wastewater Branch -Kona Stuth linginecr
Dcpartmcnt of Water Supply- Cuunir of Ha~~aii
District Health Oflice - l Lilo
LI`Iawaii Cowth~ Council
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-40
Variance Application No. WW 206 )
for Individual Wastewater System )
Two (2) Variance Requests: 1 DRAFT -SIGNATURE NOT REQUIRED
1. Use of Individual Wastewater System )
receiving flows greater than 1000 gpd )
(total flow estimated 1415 gpd; and )
2. Use of new septic and absorption bed )
receiving restaurant flows greater than 1000 )
gpd (projected flow is 2350 gpol )
Kohala Village Inn & Restauranr )
55-514 Hawi Road, Hawi, Hawaii )
TMK (3) 5-5-010: 021, 022, 023 )
DECISION AND ORDER
Pursuant [o Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Tide 11,
Administrative Rules and based upon the application and staff review, the Variance Request from the
provisions of Chapter 11-62, Section 11-62-03 and 1 I-62-31.1(a)(2)(D) is hereby GRAN'T'ED with the
following provisions:
1. Plans for each treatment IWS shall be submitted to the Wastewater Branch for review and
approval before anv construction begins. In addition, the trcatmem IWS shall be
approved in riling before being placed into sen ice.
2. Septic tank(s) discharging into a seepage pit(s) shall be fitted with an effluent filter(s).
3. If an existing cesspool receives more than a thousand gallons per day and is used as a
seepage pit for the wastewater system, the seepage pit shall be properly permitted by the
Underground ]njcclion Control program.
4 If a soil absorption bcd/Icach lines arc used, the existing cesspools shall be abandoned per
the requirements of the Underground Injection Control program of [he Safe Drinking
Water Branch.
5. Pretreatment of all food waste wastewater shall be provided prior to entering the septic
system. Pretreatment shall at a minimum consist of an oil/grease water sepazator meeting
the requirements oCChaptcr I 1-62.
6. The project shall connect to the County sewer scn ice system should it become available
to the area.
DATED: Honolulu. Hawaii,
Draft -Signature NOT required.
Thomas E. Ariiumi. P.E.
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. OS-VWW-40
Variance Application No. WW 206 )
for Individual Wastewater System )
Two (2) Variance Requests ) DRA}'T -SIGNATURE NOT REQUIRED
1. Use of Individual Wastewater System )
receiving flows greater than 1000 gpd )
(total flow estimated 1415 gpd; and )
2. Use of new septic and absorption bed )
receiving restaurant flows greater than 1000 )
gpd (projected flow is 2350 gpd) )
Kohala Village Inn & Restaurant )
55-514 Hawi Road, Hawi, Hawaii )
TMK: (3) 5-5-010: 021, 022, 023 )
FINDINGS OF FACT AND CONCLCJSIONS OF LAW
An application from Mr. Jim Sargent of Kapaau, Hawaii for a five (5) year variance from
Hawaii Administrative Rules, Chapter 62 of Tide 1 Section 11-62-03 and 11-62-3L1(a)(2)(D)
and 11-62-31.1(C)(D) was reviewed by the Department of Health staff, and a public notice of the
application was printed in the November 29, 2005 issue of the Honolulu Star Bulletin and the
December 1, 2005 issue of the West Hawaii Today publications. Three (3) 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 Dahlberg, Civil Engineer, is
the authorized individual for the applicant. The applicant is requesting a variance from two (2)
sections of Chapter 11-62, HAR. The first, is the use of an individual wastewater system (IWS)
which wilt receive domestic wastewater flows estimated at 1415 gpd. The new wastewater
system will consist of two (2) septic tanks and the existing cesspool converted into a seepage pit.
The second, is for a new 3000 gpd septic tank and soil absorption bed to serve an existing
restaurant. Wastewater flows are estimated to be 2350 gpd. The subject property is the Kohala
Village Inn & Restaurant located at 55-514 Hawi Road, Hawi, Hawaii ,and identified as TMK:
(3) 5-5-010: 021, 022, 023. The new wastewater systems are required as part of existing large
capacity cesspool (LCC) removals.
The applicant has made the following statements.
1. The area of the lot is 130,680 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 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 2350
gallons per day.
3. The estimated flow into the existing LCC would be 1415 gallons per day.
4. 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.
5. 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.
6. The facility has been in operation for 30+ 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.
7 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 DCH for review and approval.
The new IWS will provide a better wastewater treatment system compazed to the
existing LCC. Therefore minimizes impact to the environment.
8. Prevent loss of jobs. The LCC serving my facility has been in operation for 30+
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 close my existing business
and lay off my employees.
9. 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.
]0. 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 teens of wastewater treatment. The
septic tank will provide pretreatment and sludge removal prior to eflluent
disposal.
11. 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
Kohala Village hm Variantt :\puuca.ion WN' 20G. DocAcl No. OS_VN'µt40. findings of Fact and Conclusions of Law, Page 2
aerobic wastewater treatment plants.
12. The variance is requested for the maximum of five (5) years.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to grant this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The subject project site is situated "rnauka" or above the Underground
Injection Control (UIC) line; Therefore, the property overlies or rechazges
a potential underground source of drinking water. Chapter 11-23, the UIC
rules; prohibits new sewage injection wells above the UIC line;
B. There are no program-recorded drinking water welts within a quarter mile
of the subject property;
C. UIC permitting is applicable to any injection-well cesspool, being retained
as an injection-well seepage pit, that receives over 1,000 gallons of
wastewater per day on any given day. Operating any such injection-well
seepage pit without a UIC permit is tr violation of Chapter 11-23 and is
subject to a penalty and corrective action. Thus, the owner/operator of the
injection-well seepage pit must contact the UIC program at (808) 586-
4258 for permit application;
D. Because the proposed upgrade of the large-capacity cesspool into a septic
system is being driven by the Federal ban on large-capacity cesspools, we
have no objection to granting the variance; and
E. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the septic system.
Please contact Jamie Rimando at telephone (808)586-4258 if you have any
questions.
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. Septic tanks that discharge into seepage pits shall be fitted with an eflluent
filter(s).
C. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Kohala Village Imi Varianct Application U'N' ZOG, Docket Na. OS-\%\NW-J0. Findings or Fact and Conclusions ofhw, Page 3
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 342U-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:
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. Septic tank(s) discharging into a seepage pit(s) shall be fitted with an effluent
filter(s).
3. If an existing cesspool receives more than a thousand gallons per day and is used
as a seepage pit for the wastewater system, the seepage pit shall be properly
permitted by the Underground Injection Control program.
4. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch.
5. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall at a minimum consist of an oil/grease water
separator meeting the requirements of Chapter 1 1-62.
F:ohala Village Inn Variance Application W\\' 20G. UurAzi tio. OS-\"N'N'-J0. PinAings or Pact and Conclusions of taw, Page 4
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.
Kohala Village Inn Variance Application WU' 20G. Dockel No. OS.\'\4U'-J0. Findings of Fact and Conclusions of Law, Page 5
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ACTION REQU€GT6D:
3f you have caQrments ~ corrections to the DRAFT 1>aefr~On 8r Order: pleasrT~k ~.~p k1h a
separate sheet Otherwise, please file or discard at yob ddi~eKion. ~ ilmyp~adaf~llpr
discard
The SI(3NTSD FINAL Decision 8r Order wW be foet2,a:omitw,
f~
>f there are conunema, send to: Mr. Idarold Yee: Ct+f~« iNaetlewri~ter'~h
9I9 Als I~doana . Rtlatn
Honol~slu, tdativa~; E'I+l-49~A
phone (l5'f;>~'~ S$!6-!F fax Gffif:~)'l36fi~48OQ.
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