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Home My WebLink AboutCOM 0754.000 2004-2006 0 LINDA LINGLE CHIYOM E LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 208 Final Dec CL.wpd C:\My D\ wb60195 February 23, 2006 CERTIFIED MAIL 7002 3150 0001 6551 0514 RETURN RECEIPT REQUESTED Mr. Dennis Inouye Septic Designs 884 Kupulau Road Hilo, Hawaii 96720 Dear Mr. Inouye: Subject: Variance Application No. WW 208 Docket No. 05-VWW-42 Proposed Use of Septic Tank System for 2ntl Existing Dwelling (4 Bedrooms) on Property Where tat Existing Dwelling (3 Bedrooms) is Serviced by Existing Cesspool on 15,673 square feet 1580 C-1 Kaupili Place, Hilo, Hawaii TMK (3) 2-4-027: 070 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on February 13, 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. EF 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 - Hilo Staff Engineer Department of Water Supply - County of Hawaii ~+strict Health Office - Hilo e awaii County Council ? S Harvey & Mollie Chun Comm No. Ref. To: Reef. Date FT = STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VVVW-42 Variance Application No. WW 208 ) for Individual Wastewater System ) Proposed Use of Septic Tank System ) for 2nd Existing Dwelling (4 Bedrooms) ) on Property where 1' Existing Dwelling ) (3 Bedrooms) is serviced by Existing ) Cesspool on 15,673 square feet ) 1580 C-1 Kaupili Place, Hilo, Hawaii ) Hilo, Hawaii ) TMK: (3) 2-4-027: 070 ) 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 11-62-23.1(a)(1)(A) is hereby GRANTED with the following provisions: 1. The proposed septic system for the 4-bedroom dwelling and the utilization of the existing cesspool for the 3-bedroom dwelling are considered as a single wastewater system by the State of Hawaii Department of Health, and the combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwellings cannot exceed the existing seven (7) bedrooms. 2. 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. 3. 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. ; + Harvey & Mollie Chun Variance Application WW 208, Docket No. 05-VWW-42, Decision & Order, Pagel 4. 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. 5. If a seepage pit is used for effluent disposal, the septic tank shall be fitted with an effluent filter(s). 6. 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. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 7. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, February 13, 2006 Thomas E. Arizumi, P.E Chief, Environmental Ma ment Division Harvey & Mollie Chun Variance Application VVVV 208, Docket No. 05-VWW-42, Decision & Order, Paget STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VWW-42 Variance Application No. WW 208 ) for Individual Wastewater System ) Proposed Use of Septic Tank System ) for 2nd Existing Dwelling (4 Bedrooms) ) on Property where 1st Existing Dwelling ) (3 Bedrooms) is serviced by Existing ) Cesspool on 15,673 square feet ) 1580 C-1 Kaupili Place, Hilo, Hawaii ) Hilo, Hawaii ) TMK: (3) 2-4-027: 070 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Harvey & Mollie Chun of 1580 C-1 Kaupili Place, Hilo, 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)(1)(A) was reviewed by the Department of Health staff, and a public notice of the application was printed in the December 14, 2005 issue of the Honolulu Star Bulletin and the December 19, 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, Dennis Inouye, owner of Septic Designs, has applied for a five-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03, Definitions, 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 be an 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) (1) (A) which states "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." Harvey & Mollie Chun Variance Application WW 208, Docket No. 05-VW W-42, Findings of Fact and Conclusions of Law, Page i The applicant has stated that the subject property has a total area of 15,673 square feet. The property has two (2) existing dwellings, 1 - 3 bedroom and 1 - 4 bedroom residence, serviced by the same existing cesspool. Estimated wastewater flow = 1400 gpd. The existing cesspool shall remain and service the existing 3 bedroom dwelling. Proposed is a septic system for the existing 4 bedroom dwelling at the above mentioned subject property. The applicant has made the following statements: 1. The area of the lot is 15,673 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 subject property has 2 dwellings. In order to comply with federal requirement, each dwelling requires separate IWS. 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 variance is requested for the one (1) year. 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 comment: 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 is used for effluent disposal, than the septic tank shall be fitted with an effluent filter(s). Harvey & Mollie Chun Variance Application WW 208, Docket No. 05-V W W-42, Findings of Fact and Conclusions of Law, Page 2 C. The existing cesspools 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. The proposed septic system for the 4-bedroom dwelling and the utilization of the existing cesspool for the 3-bedroom dwelling will be considered as a single wastewater system by the State of Hawaii Department of Health, and the combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwellings shall not exceed the existing seven (7) bedrooms. 2. 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. Harvey & Mollie Chun Variance Application WW 208, Docket No. 05-VW W-42, Findings of Fact and Conclusions of Law, Page 3 3. 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. 4. Plans for the 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. 5. If seepage pit is used for effluent disposal, the septic tank shall be fitted with an effluent filter(s). 6. 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(s) shall be properly permitted by the Underground Injection Control program. 7. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, February 13. 2006 Thomas E. Arizumi, P. . Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Harvey & Mollie Chun Variance Application WW 208, Docket No. 05-VW W-42, Findings of Fact and Conclusions of Law, Page 4 ~r ~ t I~lk4t tf S & ;ai ~x ' i I~~ ~ W'vanH A fj f 1 "Ji 1~at,Date: .i r9 3 Koo Hrnah,V W~ Y y 'Y i~T r(F/~.fR ie s .rt '~+er{: .Y y y`, xS ~ . ~ A y { ~I Ft afar ~ } r tai - p4km , 01 11 i e s { MH7~! •i +rl I X^ ~ s & lh r~ S - d r` f ~f fI_ 'Ic, 74 NO AG"N *W: y PAoo is the nNAL MMP D4*M l~ Y 1 f A dial or"V k&ft "l u* mou for our aaaiol~na I flour,; Mr• Hs~ratd Y,~a~ ~i"~~~Il~~ ` ; phone t19'6= 20MvarkmaemuM+ip -ArWdoddarkAM"of00 '29wrw,