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Home My WebLink AboutCOM 0716.000 2004-2006 ~ o 4 c\t~ro;ry 1- LINDA LINGLE ~ CHIYOME LEINMLA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH ee ~.r~.~' STATE OF HAWAII DEPARTMENT OP HEALTH P.O. 80X 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: W W 207 Drag Dec Cl C:\My D\ Wa60132 February 6, 2006 Mr. Ronald Nickel, P.E. - r-. Civil Engineer ~ ' 12-7109 Kalaunu Street Pahoa, Hawaii 96778 Dear Mr. Nickel Subject: Variance Application No. WW 207 Docket No. OS-VWW-41 Use of an Individual Wastewater System fora Multiple Dwelling with More Than Five (5) Bedrooms at 163 Aipuni Street, Hilo, Hawaii TMK: (3) 2-5-016: 015 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 February 24, 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, THOMAS E. ARIZUMI;~P_F!, CHIEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hilo District Health Office -Hilo ^ „ Yt=lawaii County Council ConMri No. Ref. To: ~-~--.~r~r~+ Rmf. Uata R I 1 /Ull? STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VWW-41 Variance Application No. WW 207 ) for Individual Wastewater System ) Use of and Individual Wastewater System ) DRAFT -SIGNATURE NOT REQUIRED for a Multiple Dwelling with More ) Than Five (5) Bedrooms ) 163 Aipuni Street, Hilo, Hawaii ) TMK: (3) 2-5-016: 015 ) 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 11-62-31.1(D) is hereby GRANTED with the following provisions: 1. Plans for the 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. Only one (1) IWS will be allowed on the subject property (TMK: (3) 2-5-016: 015). The combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwellings shall not exceed six (6) which is the current number of bedrooms. 3. No building modifications, alterations or additions will be allowed that will increase wastewater flows. The owners shall execute and file a covenant on the property stating that no increase in total number of bedrooms or bedroom like rooms is allowed without the written consent of the Department of Health. The covenant shall run with the title to the property and shall be binding upon the parties and their respective heirs, successors and assigns. septic tank shall be fitted with an effluent filter. 4. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of Conveyance. A copy of the covenant shall be provided to the Department of Health. 5. If the existing cesspool(s) is used as a seepage pit, the septic tank shall be fitted with an effluent filter. 6. The septic tank serving the two (2) dwelling units shall be enlarged to a minimum size of 1500 gallons. 7. If a soil absorption bed/leach lines are used, the existing cesspool shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit shall be properly permitted by the Underground Injection Control program. 8. 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. 05-VW W-41 Variance Application No. WW 207 ) for Individual Wastewater System ) Use of and Individual Wastewater System ) DRAFT -SIGNATURE NOT REQUIRED for a Multiple Dwelling with More ) Than Five (5) Bedrooms at ) 163 Aipuni Street, Hilo, Hawaii ) TMK: (3) 2-5-016: 015 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Jeff and Kaui Trainer of 163 Aipuni Street, Hilo, Hawaii applying for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(D) was reviewed by the Department of Health staff, and a public notice of the application was printed in the December 26, 2005 issue of the Honolulu Star Bulletin and the December 28, 2005 issue of the Hawaii Tribune Herald 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, Ronald Nickel, Civil Engineer, has applied for alive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(D) which states "The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two." The applicant states the building was constructed in 1981 with five (5) bedroom. The dwelling was split into two (2) separate dwelling units in 1995. The split was approved by the DOH. The parcel is 10,712 square feet. The owner is now being required by EPA to convert the existing large capacity cesspool (LCC) serving the two (2) dwellings into a septic system. The current wastewater flow is 500 gpd. The applicant has made the following statements. 1. There are more bedrooms than allowed under the current regulations. 2. It would be difficult for the owner to change one of the bedrooms to another use, they would still be requested to install a septic tank. Jeff &Kaui Trainer Variance Application W W 207, Docket No. 05-V W W-41 Findings of Fact and Conclusions of Law, Page 1 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. In order to meet the requirement, one bedroom would have to be used for another purpose. 6. The variance is requested for the maximum of five (5) years. Attachments including a letter from the Wastewater Branch dated September 15, 2005, plot plan map, building permit application, building permit and billing summary were included with this application for variance but can not be shown here. 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: Because the proposed improvement is being driven by the federal ban on large-capacity cesspools, we have no objection to granting the variance. 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. If a seepage pit(s) is used for effluent disposal, the septic tank(s) shall be fitted with an effluent filter(s). C. If a soil absorption bed or trench(s) is used for effluent disposal, the existing cesspool(s) shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. Jeff & Kaui Trainer Variance Application W W 207, Docket No. OS-V W W-01 Findings of Fact and Conclusions of Law, Page 2 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 the 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. Only one (1) IWS will be allowed on the subject property (TMK: (3) 2-5-016: 015). The combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwellings shall not exceed six (6) which is the current number of bedrooms. 3. No building modifications, alterations or additions will be allowed that will increase wastewater flows. The owners shall execute and file a covenant on the property stating that no increase in total number of bedrooms or bedroom like rooms is allowed without the written consent of the Department of Health. The covenant shall run with the title to the property and shall be binding upon the parties and their respective heirs, successors and assigns. septic tank shall be fitted with an effluent filter. 4. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of Conveyance. A copy of the covenant shall be provided to the Department of Health. Jeff & Kaui Trainer Variance Application W W 207, Dockel No. 05-V W W-41 Findings of Fact and Conclusions of Law, Page 3 5. If the existing cesspool(s) is used as a seepage pit, the septic tank shall be fitted with an effluent filter. 6. The septic tank serving the two (2) dwelling units shall be enlarged to a minimum size of 1500 gallons. 7. If a soil absorption bed/leach lines are used, the existing cesspool shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit shall be properly permitted by the Underground Injection Control program. 8. 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. Jeff & Kaui Trainer Variance Application W W 207, Dockel No. 05-V W W-41 Findings of Fact and Conclusions of Law, Page 4 1Y•ansmittal Date: Date: - iNastgwater Branch Variance lication Docket No. - tPWW - AP's 1NW Name/Title: Gr1 Sub' Draft Decision Letter with Decision 8r Order and F of'Fact 8r Concluolans of Law ROUT& TO: Director of Health -Chi ame Leinaala Fukino D Director far Snvirorunental Health Administration -Laurence Lau Chief'. i~ - Thomae s Arisumi 6eneraPs Office, AG9 Mark Bennet, D Mark 1 > Clean Water Branch -Denis Lau + SnvironmenRSl Office -Harold Lsw Safe Water Sranch - William W Sanitation Branch -Commercial Otil Wastswate~r Branch Neighbar island staff I 11(ona -Dane Hirornasa (TMKs 5, 6, E', 9) [)(]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4} I 1 Kauai -Jae Tateyama [ 1 Maui - Roland Tejatw water Deparnnents I 1 Board of Water Supply -Clifford Jamille [ County of Hawaii Dept of Water Supply -Milton Davao . I `J County of Maui Dept of Water Supply - Q~eos~ge Y. Tengan [ I Kauai C D t of Water -Edward T [ 1 District Healh Office -Maui - Herbert Mateubayashi, Chief Sanitarian I 1 District Healh Office -Kauai -Clyde fiakelaara, Chief Sanitarian District Heath Office -Hilo -Aaron Ueno, l~aief Sanitmian + C 8r of Honolulw D of Coup of Council Oahu Ne hood Board e ACTION RSQUEST6D: If yw have comments or corrections to the DRAFT Decision ~r Order, please submit them in Wtkin$ On a separate sheet Otherwise, please file or discard at your discretion. Or1~,erwise, keep for your reea!da ar discard. The S[l3NSD FINAL Decision 8r Order will be forthcoming. Tf there are comments, send to. Mr. Harold Yee, Chief, WasEewatar Branch 919 Ala Moans Blvd. Room 309 Honoluht Hawaii 96814-4920 phone (808) S8'6-4294 fax (808 S8b-4300. G/~~~ aR~ivad t,y wwe _i_i 2oos .~arl~nce route sap - draft a.cielon.doc as of o9iaai2oos.,,Vw