HomeMy WebLinkAboutCOM 0715.000 2004-2006 0
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LINDA LINGLE ~ CHIYOME LEINMLA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. 00% 3378 In ropy, please refer to:
HONOLULU, HAWAII 968013378 Flle:
W W 203 Final Dec CL.wpd
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February 3, 2006
CERTIFIED MAIL 7002 3150 0001 6551 0453 -
RETURN RECEIPT REQUESTED _ .
Mr. Peter J.K. Dahlberg
75-372 Aloha Kona Drive
Kailua-Kona, Hawaii 96740
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 203 Docket No. 05-VWW-37
Use of an Individual Wastewater System Exceeding 1000 gpd
Paniolo Country Inn, 65-1214 Lindsey Road, Kamuela, Hawaii
TMK: (3) 6-5-005: 021 18,512 sf
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on January 31, 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, P.~~C IIEF
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
Department of Water Supply -County of Hawaii
District Health Office -Hilo- /
,~iawaii County Council No. J_
Ref, To:
RE,f. Late
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 05-VWW-37
Variance Application No. WW 203 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
Exceeding 1000 gpd )
Paniolo Country Inn, 65-1214 Lindsey Road )
Kamuela, Hawaii )
TMK: (3) 6-5-005: 021 18,512 sf )
DECISION AND ORDER
Pursuant to Chapter 342 D, 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. If a seepage pit(s) is used for effluent disposal, than each septic tank shall be
fitted with an effluent filter(s).
3. If a soil absorption bed(s) or trench(es) is used for effluent disposal, then the
existing cesspool(s) shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch. The
existing cesspools shall be abandoned per the requirements of the Underground
Injection Control program of the Safe Drinking Water Branch. Each septic tank
shall be fitted with an effluent filter(s).
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, January 31 2006/~
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-37
Variance Application No. WW 203 )
for Individual Wastewater System )
Use of an Individual Wastewater System )
Exceeding 1000 gpd )
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 Hawaii (as Trustee - R. Smart Trust), 130 Merchant
Street, Honolulu, Oahu, 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) 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,
Kailua-Kona, Hawaii has applied for afive-year variance from the Hawaii Administrative Rules
(HAR), Section 11-62-03 Definitions,lndividual 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 bean
independent system and shall have all of its plumbing, treatment (if any), and disposal
components separate from any other wastewater system." and Section 11-62-31.1(a)(2)(D)
which states "The total wastewater flow into each individual wastewater system shall not exceed
1,000 gallons per day."
The 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
Effluent Filter.
R Smart Trust -Variance Applicatlon W W 203, Docket No. OS-V W W-37, Findings of Fact and Conclusions of Law, Page 1
The applicant has made the following statements.
1. 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 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
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 has 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 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 20+
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.
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 will provide pretreatment and sludge removal prior to effluent
disposal.
10. 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.
R Smart Trusl -Variance Application W W 203, Docket No. O5-V W W-37, Findings of Fact and Conclusions of Law, Page 2
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
treatment IWS shall be approved in writing before being placed into
service.
B. If a seepage pit(s) is used for effluent disposal, than each septic tank
shall be fitted with an effluent filter(s).
C. If a soil absorption bed(s) or trench(es) is used for effluent disposal, then
existing cesspool(s) 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 +nterest 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.
R Smart Trust -Variance Application W W 203, Docket No. 05-VW W-37, Findings of Fact and Conclusions of taw, Page 3
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. If a seepage pit(s) is used for effluent disposal, than each septic tank shall be
fitted with an effluent filter(s).
3. If a soil absorption bed(s) or trench(es) is used for effluent disposal, then the
existing cesspool(s) shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch. 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, January 31.2006
C~~ yyl~-c
Thomas E. Arizumi, P.E.c
Chief, Environmental Man ement Division
The foregoing findings of fact and conclusions of law are hereby adopted.
R Smart Trust -Variance Application W W 203, Docket No. 05-VW W-37, Findings of Fact and Conclusions of Law, Page 4
1~ansmittal Date: nee Date:
Wastewater Branch Variance A ication Docket o. - VWW - 3 ApA • W W
Name/Title:
' Ct: Final d Decisbn Cover Caftan Deolsiocs;86 Order $ of Fact & Conckuiiats of Law
ROUTE TO:
Director of Health -Chi ome Leinaala Fukino
D Duector for Environatsntal Healt3s ation -Laurence Lau
Chief. EMD - Thomas >3 Arinuati '
Attorne General's Office, AG Mark Bennet. Mark McConneL Bill
Clean Wster Branch -Denis Lau •
Environmental orfice -tae-.- n uv]
safe water Brands -
Sanitation Branch - Coastrretcial
Wastewater Branch Neighbor Island Staff
[ X] Kona -Dane Hirornasa CiMKs 5, 6, 7, S, 9) ~
I 1 Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] ICavai -Joe Tateyams
[ 1 Maui -Roland Tejnno
Water Departments
[ 18oard of Water Supply - Ctiffard Jam,ille
County of Hawaii Dept of Wat4s Supply -Milton Ptvao
[ j County of Maui Dept of Water Supply - Geaego Y.. Tlengnn
I 1 ICavai C D of Water - &drvard
[ 1 District Health Office -Maui - Herbst Chief Sanitarian
[ 1 District Health Office - tCawi -Clyde Takakutns, Ctrief Sanitarian
[ 1 District Health office -Hilo -Aaron urrio, Chief.Sa#ltarins
i 8r Coun of Honolulu, De of
of i Council
Oahu Ne' hood Board «
NO ACTION REQUIRED:
Here is the FWAL SIGNED Decision 8r Order oral Findings of Fact 8r Conclusions of Law.
X The attached is for your information to file or discard at your discretias. No notion io required
Thank ou for our assistance in the variance a tian
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moans Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) S86-4300
2005 variance route slip -final dedaior.doc as of 09/28/2005 vww