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Home My WebLink AboutCOM 0773.000 2004-2006 LINDA LINGLE ut CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH r, . STATE OF HAWAII'' ` r 7 DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 205 Final Dec CL.wpd CAMy D\ wb60282 March 14, 2006 CERTIFIED MAIL 7002 3150 0001 6551 0447 RETURN RECEIPT REQUESTED Mr. Bruce E. Witcher, P.E. Witcher Engineering LLP 75-5751 Kuakini Highway Suite 106 Kailua-Kona, Hawaii 96740 Dear Mr. Witcher: Subject: Variance Application No. WW 205 Docket No. 05-VWW-39 LCC use at the Captain Cook Village Condominiums Capt. Cook Village Association 82-6073 A Mamalahoa Highway, Capt. Cook, Hawaii TMK: (3) 8-2-003: 018 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on March 10, 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 phone number 974-4000 ext. 64294, fax (808) 586-4300. Sincerely THOMAS E. ARIZUMI,<P--.€ °CHIEF 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 Di trict Health Office - Hilo waii County Council Comm. No. 713 Ref. To: "Mom~ Raf. Date M A R_ ~nnp ~ STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VW W-39 Variance Application No. WW 205 ) for Individual Wastewater System ) LCC use at The Captain Cook Village ) Condominiums ) Capt. Cook Village Association ) 82-6073 A Mamalahoa Highway ) Capt. Cook, Hawaii ) TMK: (3) 8-2-003: 018 ) 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 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. The design flow from the 24 bedroom-condominium shall be based on a minimum wastewater flow of 200 gallons per day per bedroom (4,800 gpd). 3. If multi-dwelling units (more than 2) are connected to a single septic system. The septic tank shall be enlarged to accommodate the additional dwelling units. 4. If a soil absorption bed/leach lines are used for effluent disposal, 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 effluent disposal, the seepage pit shall be properly permitted by the Underground Injection Control program. 5. If a seepage pit is utilized for effluent disposal, the septic tank(s) shall be fitted with an effluent filter(s). 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, March 10, 2006 7/c _'Z~ ~ Thomas E. Arizumi, P.E: Chief, Environmental Management Division N STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 05-VW W-39 Variance Application No. WW 205 ) for Individual Wastewater System ) LCC use at The Captain Cook Village ) Condominiums ) Capt. Cook Village Association ) 82-6073 A Mamalahoa Highway ) Capt. Cook, Hawaii ) TMK: (3) 8-2-003: 018 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Captain Cook Village Association, Captain Cook, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03, was reviewed by the Department of Health staff, and a public notice of the application was printed in the December 29, 2005 issue of the Honolulu Star Bulletin and the December 30, 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. Findings of Fact The individual authorized to act for the applicant, Mr. Bruce E. Witcher, P.E., Partner of Witcher Engineering LLP, has applied for a five-year variance from 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." The applicant requests the variance for The Captain Cook Village Condominiums which has a total of 24 bedrooms discharging into a single cesspool. The estimated wastewater flow (by record) is approximately 2000 gpd. Captain Cook Village Variance Application WW 205, Docket No. 05-VW W-39, Findings of Fact and Conclusions of Law, Page 1 The applicant has made the following comments. 1. The large capacity septic system proposed to serve the facility would not comply with HAIR 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 2,000 gallons per day. 2. 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. 3. The facility has a small number (12) of units and therefore the cost of capital improvements must fall on a relatively few owners. 4. 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. 5. 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. 6. 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. 7. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAIR Chapter 11-62 such as small aerobic wastewater treatment plants. 8. The variance is requested for the maximum of five (5) years. This term allows the owners time to build up the reserve fund for possible future system improvements. 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 property 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; Captain Cook Village Variance Application WW 205, Docket No. 05-VW W-39, Findings of Fact and Conclusions of Law, Page 2 B. There are no program-recorded drinking water wells with 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 day. Operating any such injection-well seepage pit without UIC permit is a violation of Chapter 11-23 and is subject to penalty and corrective action. Thus, the Captain Cook Village Association 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. 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 each septic tank shall be fitted with an effluent filter(s). C. If a soil absorption bed or trenches are used for effluent disposal, 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. Captain Cook Village Variance Application WW 205, Docket No. 05-VW W-39, Findings of Fact and Conclusions of Law, 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 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. The design flow from the 24 bedroom-condominium shall be based on a minimum wastewater flow of 200 gallons per day per bedroom (design flow = 4,800 gpd). 3. If multi-dwelling units (more than 2) are connected to a single septic system. The septic tank shall be enlarged to accommodate the additional dwelling units. 4. 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. 5. If a seepage pit is utilized for effluent disposal, the septic tank shall be fitted with an effluent filter. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, March 10. 2006 Thomas E. Arizumi, P.E. c. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Captain Cook Village Variance Application WW 205, Docket No. 05-VW W-39, Findings of Fact and Conclusions of Law, Page 4 "n~itl~.W,3k%k+-tpf3td~':k,.•="f ytrs.~,..,....,«: ~"y`!M'~YN:'Pe..„!#~ri'k=. :d4 w.u~;s!..Agy~~Kys •t±.,n+r y;:' 'i'w,a'~w'w"~"`r,_,~a,,,~.z, a° - i~ - Transmittal Date: ! Wastewater Branch Variance Application Docket No. - VWW - APP WW a Name/Title: ~ COOk~ " it v Subject: Final Signed Decision over Letter, ed Decision & Order & Findings of Fact & Conclusions of Law ' ROUTS TO: Director of Health - Chi ome Leinaala Fuldno DeputAj Director for Environmental Health Administration - Laurence Lau 4 Chief, MV - Thomas & Ariaumi r Attorney General's Office, AG Mark Bennet, Deputq Mark WConnel, Veputq Bill Copper Clean Water Branch - Denis Lau . Environmental Planning Office - a tql\,Jq, Q r4 Safe Drinking Water Branch = F Sanitation Branch - Commercial Pro Only Wastewater Branch Neighbor Island Staff i Kona -Dane Hiromasa (TMKs S, 6, 7, 8, 9) [ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) I 1 Kauai - Joe Tateyama I Maui - Roland Tejano r~ Water Departments C` I 1 Board of Water Supply - Clifford Jamille r>Q County of Hawaii Dept of Water Supply - Milton Pavao [ I County of Maui Dept of Water Supply - George Y. Tengan ] Kauai Count Deparftnent of Water - Edward Tschu District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian I l District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [ District Health Office - Hilo - Aaron Ueno, Chief Sanitarian Cit & Coun of Honolulu„ Department of Planning 8r Perini ' I' County of Q 11 Council f Oahu Neigh borhood Board • i IY NO ACTION REQUIRED: Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law. X The attached is for our information to file or discard at our discretion. No action is required. I Thank ou for our assistance in the variance application proceag. From: W. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96914-4920 phone (808) 586-4294 fax (808) 586-4300 2005 variance route slip - foul decWon.doc as of 09/28/2005 vww s i, IF, 1-