HomeMy WebLinkAboutCOM 0714.000 2004-2006 2~ ~ .~9
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LINDA LINGLE ~ ~ CHIYOME LEINMLA FUKINO, M.D.
GOVERNOR OF HAWAII ~ql, DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3376 In repty, pleeae refer to:
HONOLULU, HAWAII 96601-33'16 Fil6:
W W 206 Final Dec CL.wpd
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February 3, 2006
CERTIFIED MAIL 7002 3150 0001 6551 0484
RETURN RECEIPT REQUESTED
Mr. Peter Dahlberg
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 206 Docket No. 05-VWW-40
Two (2) Variance Requests:
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
Please find enclosed the Department of Health's Decision and Order regarding the
above mentioned application for variance request which was GRANTED on
February 1, 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. ARIZUMI, F.E:;-efilEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch -Kona Staff Engineer 1
Department of Water Supply -County of Hilo Comm. No.~~
District Health Office -Hilo Ref. To:
,/Hawaii County Council Ref. Uat~~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VWW-40
Variance Application No. WW 206 )
for Individual Wastewater System )
Two (2) Variance Requests: )
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 )
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 11-62-03 and 11-62-31.1(a)(2)(D) 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. 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 11-62.
6. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, February 1. 2~00~6~,
Thomas E. Arizumi, P.E-
Chief, Environmental Management Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VW W-40
Variance Application No. WW 206 )
for Individual Wastewater System )
Two (2) Variance Requests: )
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 CONCLUSIONS OF LAW
An application from Mr. Jim Sargent of Kapaau, Hawaii for a five (5) year variance from
Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(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.
Findinos of Fact
The individual authorized to act for the applicant is Mr. Peter Dahlberg, Civil Engineer.
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 will 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.
Kohala Village Inn Variance Application W W 206, Docket No. 05-VW W-40, Findings of Fact and Conclusions of Law, Page 1
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 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.
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.
Kohala Village Inn Variance Application WW 206, Docket No. OS-VWW-40, Findings of Fact and Contusions of Law, Page 2
10. 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.
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
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 "mauka" or above the Underground
Injection Control (UIC) line; Therefore, the property overlies or recharges
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 wells 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 a 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.
Kohala Village Inn Variance Application W W 206, Docket No. OS-V W W-40, Findings of Fact and Conclusions of Law, Page 3
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
effluent filter(s).
C. Any existing cesspool that is abandoned 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:
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).
Kohala Village Inn Variance Application W W 206, Docket No. 05-VW W-40, Findings of Fact and Conclusions of Law, Page 4
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 11-62.
6. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, February 1, 2006
Thomas E. rizumi, P. .
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kohala Village Inn Variance Application W W 206, Docket No. 05-VW W-40, Findings of Fact and Contusions of Law, Page 5
'l~anstnittal Date:
Wastewater Branch Variance A lira on Docket No. 0 - V W
W - App ~ W W
Name/Titte: Q Q t. Q,
SubJet:t: Final d Decision Cover Deoision 8.Order & s of Faat 8r Canclusia~a of Law
ROUTE TO:
Director of Health -Chi ome Leinaala Fukino
D Director far Envital Hea1t~? Adeniitislsa#itm -Laurence Lau
Chief, SNiD - Thomas E Ariautni
(oenera9'a Office, Aid NSask Beru~k; ~T'~ 1~fark ~eL D 8~1
Clean Water Branch -Denis Lau
Environmental Plana Office - N~re1i-Lq~i+ VI
Safe Water Branch-
Sanitati~ Branch - Commercial Pro
Wastewater Stanch Neighbor Ialahd Staff
Kona -Dane Hiromaaa CIA~IKs S, 6, 7; E', 9)
[ ]Hilo -Jerry Nunogawa fTMKs 1, 2, 3, 4)
I 1 Kauai -Joe Tateyama
[ ]Maui -Roland TeJatw
Water Departments
I 1 Board of Water Supply -Clifford Jatnille
[X ]County of Hawaii Dept of Water Supply -Milton pavan .
[ 1 County of Maui Dept of Water Supply - 6aca+ge Y. Tengan
I 1 Kauai Coun D of taster - Edwa>id
[ 1 District Health office -Maui -Harbert yashf, Chief Sanitarian
[ 1 District Health office - Kavaf - Clyde ~ ChiaE Sanitarian
[ District Health office -Hilo -Aaron ~f l~atlan .
Ci 8r C of Honolulu. D 'Petrmi
Count of W I Council.
Oahu N ' hood Board •
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision 8. Order and Findings of Fact 8~ C~clusions of Law.
X The attached is for your information to file or discard at gout lion. No action is required.
Thank ou for our assistance in the variance a lication
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moans Blvd. Room 309
Honolulu, Hawaii 96$14-4920
phone (808 58'6-4294 fax 586-4300
2005 variance routeslip - final deciatondx as of 09/28/2005 varw