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HomeMy WebLinkAboutCOM 0684.000 2004-2006 ~1 4 \`Y':fy '~i LINDA LINGLE ( , CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII &i ~ DIRECTOR OF HEALTH ,e STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 Flle: January 13, 2006 W W 199 FINAL Dec CL.wpd C:\My D\ w6060049 CERTIFIED MAIL 7002 3150 0001 6551 0415 RETURN RECEIPT REQUESTED Mr. Donald Cook, Consulting Engineer Ross Engineering, Inc. 77-6219 A Kaumalumalu Drive Holualoa, Hawaii 96725 Dear Mr. Cook: Subject: Variance ApplicationNo.WW199 Docket No. OS-VWW-33 Use of Individual Wastewater System at 75-180 AI Ona Ona Street, Kailua-Kona, Hawaii T.'~1K (3)7-5-022: 144 Please find enclosed the Department of Health's Decision and Order rzgarding the above mentioned application for variance request which was GRANTED on January 4, 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 our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, THOMAS E/ARIZUMl, P.E., CHIEF Environmental Management Division Enclosures: Binal Deeisicrn and Order Findings ofPact and Conclusions of Law cc: Clean Waler Branch Environmental Planning Ollice Safe Drinking Water Branch Wastewater Branch -Kona Slaff Enginccr Department of Water Supply -County of Hilo District Health ORice -Hilo `/I-Iawaii County Council Co m. o•~ Ref. 7o: _ Reif. date 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 ) 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 1-62-23.1(6)(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(s) 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, January 4. 2006 Thomas E. Arizumi, P.E Chief, Environmental Management Division STATE OF 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 ) 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 of Paauilo, 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)(]) 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. I. 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 Jolut Ross & Young Hui Ross Variance Application W W 199, llocket No. OS-V W W-33, Findings of Pacl 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 effluent disposal. 6. The residents of the Downtown Area ofKailua-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; Jolm Ross & }'oun~ I lui Ross Variance :\ppl ication W W 199, Docket No. OS-V W W-33, Findings of Pact and Conclusions of law, 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 IWS 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 soil 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. Jolm Ross & Young l lui Ross Variance Application W W 199. Docket No. OS-V W W-33, Findings of Fact aid Conclusions of Law, Page 3 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. If seepage pits are used for wastewater disposal than each septic tank shall be fitted with an eflluent filter(s). 3. The septic tank(s) 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, January 4. 2006 `Gd~~ - Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. John Ross & Young Hui Ross Variance Application W W 199, Docke[ No. OS-V W W-33, Findings of race and Conclusions of Isw, Page 4 w. " w . j~?~st~Ntaker Branch VSriaTiCB A ~~~M1B~ i ei'-i X ~ its ~ ,l, - i~ _ i i - ''R~ Tt}: af' Nealt& - D' _ F, A~ti ~ , . a C>oan Wahrr - Deni9 Lau &,v~roaurre~ 0 - Safiu Water. `e [ 1)~Jo'rud of Wkter SupplCj V'GI Gousty of Ftawsii Dept of ~ ~ ~ ~ , ~ ~ county ~ a~an ~ o~ Watear; - T. . Kauai' D a# W ' -f- , [ 1 virtric~ i~a~ - - ' ~ [ 1 Di~ict Hessith ~tfic~a - ~FCi~ua4- cl'e ~ 5 ~ , . ' ~ Kith fHf'ics - lel~ ~ Oa & of bia~lulw of ~ " NO /R+c'T1DN R~Q[~~: Here is the FWAI+ S161~ Destsi©n & ~'~FT~dtw~+ isrforma#Pn ~ f~a a~F~~ ~ ~ ~ , X The attached is for your Thank ou far our a4sis~tance #~e I,Mt~11 e Prom: Mr. ldarold Yee. Cbiefi t+~~ ~ ~ 919 Ala IRoant Slwd• T•Ionokabw Ftawaii 9#51 phone (SOBS 98`&4~4 f~ik , -2009 variance mots atlp -float dedaiandoc as of 07/iS/2bfJ9 wdw