HomeMy WebLinkAboutCOM 0774.000 2004-2006
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l ~,,-aS lePy ~LINDA LINGLE CHIVOME LEINAALA FUMING, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
ct 11
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 86801-33718, File:
WW 213 PN CL.wpd
C:\My D\ WB60267
March 9, 2006
Mr. Dennis Tulang
Senior Project Manager
M&E Pacific
841 Bishop Street Suite 1900
Honolulu, Hawaii 96813
Dear Mr. Tulang:
Subject: Variance Application No. WW 213 Docket No. 06-VWW-02
Proposed Use of Six (6) Septic Systems to Serve the
Kohala Union Housing Corporation
53-3996 Ainakea Drive, North Kohala, Hawaii
TMK: (3) 5-3-011: 107
The Department has reviewed your application for the variance from Chapter 11-62,
Hawaii Administrative Rules for the subject property. In accordance with
Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41 HAR, a public notice of
this proposed activity is required.
Enclosed is a copy of the required public notice. Please read the public notice and
contact the Department of Health Wastewater Branch if any discrepancies or
corrections are required. If the public notice is satisfactory, the public notice is required
to be published in the Honolulu Star-Bulletin and Hawaii Tribune Herald one (1) time
only. Please contact the follow agency agencies for assistance in the publishing of the
public notice:
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza, Ste 500,
Honolulu, Hawaii 96813 contact Elizabeth at telephone 529-4827, fax 529-4829,
email elzabeth@starbulletin.com
Hawaii Tribune-Herald, contact Ms. Makanani Kaaua, phone (800)548-1294,
fax (808)969-9100 email maka@hawaiitribune-herald.com
Failure to have this notice published no later than three (3) weeks upon receipt of this
letter, may result in a greater delay of the final decision of this application for variance.
All publication costs are the responsibility of the applicant. You must submit the li
Comin. No.
Ref. To:
Rai. Date 6
Mr. Dennis Tulang
March 9, 2006
Page 2
original certified affidavit of the publication from both newspaper agencies to the
Wastewater Branch within fifteen (15) days after the publication date. You may
make a copy for your records. Please be advised that, pursuant to Chapter 342D-7,
HRS, a public hearing may be required as a result of this public notice. If so, you will be
required to publish a notice of public hearing.
Please find enclosed a receipt for your variance application for the amount of $300.00.
If you have any questions regarding the public notification procedure or the processing
of your variance application, please call the Planning & Design Section of the
Wastewater Branch at 586-64294, fax 586-4300.
Sincerely,
THOMAS E. ARIZU .
Chief, Environmental Management Division
Enclosures: Receipt No. 13834
Public Notice
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Hilo Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
,Hawaii county council
WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 213
DOCKET NO. 06 - V W W - 02
Pursuant to H,R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health
(DOH) seeks written comments from interested persons regarding the following. Kohala Union
Housing Corporation of 451 Atkinson Drive, Honolulu, Oahu, Hawaii has applied for a five (5)
year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(b)(1) which states
"The Director may allow an individual wastewater system other than a cesspool to be used for
two dwelling units which may or may not be located within the same building provided (A) both
of the dwelling units are located on the same single family residential lot; and (B) the individual
wastewater system used shall meet the current requirements of this chapter."
Mr. Dennis Tulang, Senior Project Manager, M&E Pacific, is the individual authorized to
act for the applicant. The applicant has stated that the property has 21 single bedroom dwelling
units currently being served by cesspools. To comply with the U.S. EPA's ban on large
capacity cesspools, the applicant is proposing to use six (6) septic systems. Five (5) of the
proposed septic systems will service three (3) to four (4) dwelling units per septic system. The
requested variance is from Section 11-62-31.1(b)(1), HAR, which only allows a maximum of
two (2) dwelling units per septic system. The project is known as Ainakea Elderly Housing, is
located at 53-3996 Ainakea Drive, North Kohala, Hawaii and is identified as TMK:
(3) 5-3-011:107.
The applicant has stated that the project serves elderly community members and has
financial difficulties. If you would like to review the full application, please call or write to the
Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920,
telephone (808)586-4294 or fax (808)586-4300 to obtain a copy or facsimile.
DOH will consider all written comments received within thirty days of this notice. If
warranted, DOH may hold a public hearing on the variance application, after a separate
thirty-day public notice. The final decision will be made on the basis of the application, related
documents, written comments and the public hearing, if any.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health
Kohala Union Housing Corporation
c/o 451 Atkinson Drive
Honolulu, Hawaii 96814
February 15, 2006
Mr. Harold Yee
Branch Chief
Wastewater Branch
Hawaii State Department of Health
919 Ala Moana Boulevard Room 309
Honolulu, Hawaii 96813
Dear Mr. Yee:
RE: Application for IWS Variance at Ainakea Elderly Housing
Enclosed please find one original and one copy of the above-referenced application.
We have reached an agreement with another nonprofit housing corporation for a loan of
the funds needed for the filing fee and other work related to upgrading this project's
LCCs, but we were asked to get this application in as soon as possible.
We greatly appreciate the assistance provided by Mr. Thomas See of your branch in this
process.
Thank you.
Sincerely,
Tracy Takano
Secretary
/csp
Enclosure
howu
Feb-13-2006 01:29pm From-0011 WASTE WATER BRANCH +8085664300 T-650 P 002/007 F-482
State of Hawaii Wastewater Brarlgj
Department of Health Applicatipn No. WWaL!)
Environmental Management Division Docket No. _ -VWW
APPLICATION FOR VARIANCE • Primarily Concerning Large Capacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues
as of December 9, 2004
Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8 1/2" x 11" format (for copying purposes).
1. GENERAL INFORMATION (please print or type):
A. Name: K, {4L A um Ant Rgoswra c4KF!o2ATioN
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: %r +s7[ A7 K I wsom D-R1VF_
Hc~WOL tjL.Lk OAHU ~'tGg(4
T (City) (Island) (Zip code)
Nature of Business: Check applicable category. EPA makes the final determination of a Large
Capacity Cesspool (LCC).
[ ] Non-Residential LCC
[ ] Retail Business
[ ] Visitor Center
[ ] church
( ] School
[ j Golf course clubhouse / restroom
[ ] Restaurant/ food establishment
( ] Others, please specify:
Residential LCC
Multiple dwelling
Community system
[ ] Regional system
( ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. (3 ) Is 16:z
Appllcadon for LCC variance.doc v as of December 9, 2004 Page 1 of 6
Feb-13-2006 01 :29m From-DOH WASTE WATER BRANCH +6085664300 T-650 P-003/007 F-482
1=Oahu 2=Maui 3=13ig Island 4=Kauai
53- 5996 AiWAK1=A DRIVE
(number) (street)
hIoRTH KOIJAL.A 4tAu.1A11 1479S _
(City) (Island) (Zipcode)
8. Individual authorized to act for applicant:
Name: ~f l N I S Ty LA N G Title: '
GIV I61~(~~~ M6&
Address: d PQ i Ine. J baVIP 1~
f OLC; H'G CcklyQ'
,~4-i 'QISi-nP ~1~ cJ iTE igon
HPNoL )L_u MHU °~68J
(City) (island) (Zip code)
Phone No.: S2-1-30S) Fax No.: S2!"- b2
Email Address:
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check
applicable sections:
[ ] Section 11-62-03 Definitions state "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."
[ J Section 11-62-31.1 (a) (1) (A) "FO? residential developments. There shall be 10,000
square feet of land area for each individual wastewater system."
[ ) Section 11-62-31.1(a)91)(C) "Forresidential developments. Area of the lot shall not be
less than 10, 000 square feet except for lots created and recorded before the effective
date of this rule. Forlots less than 10,000 square feet which were created and recorded
before the effective date of this rule, only one individual wastewater system shall be
allowed."
[ ] Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings.
The wastewater flow generated shall not exceed 1000 gallons per day per 10, 000
square feet of usable land area which shall not include the area under the buildings."
( J Section 11-62-31.1(a)92)(B) "Developments involving buildings other than dwellings.
The total wastewater flow shall not exceed 15, 000 gallons per day."
[ ] Section 11-62-31.1(a)(2)(C) "Developments involving buildings other than dwellings.
Area of the lot shall not be less than 10,000 square feet except for lots created and
recorded before the effective date of this rule. For lots less than 10,000 square feet
Application for LCC Veriance.ooc w as of December 9, 2004 Page 2 of 6
Feb-13-2006 01:29pm From-DOH WASTE WATER BRANCH +6065664300 T-650 P 004/007 F-462
which were created and recorded before the effective date of this rule, only one
individual wastewater system shall be allowed." 0p I pp ~p
Iyr Serii~. II--E2-31.1 Cb)(1~a71'ta0~iHgforn!agadcujakI4yi'4//1~
w"kAog iu s qs" ArtlIh 2, erssyzu/ -{v k Itscjfry4wocQcppUC~4~ -nlsn
LU l~ C~ h~a e t- ma~f hkL I, a to C 2 .CC t,., Ra S4^4 r/(u`/Gti'~v Pyle 6• I;'~6'
f) o-k. y-kz dA- f f,,l N.w.'fS n,,.e ,Co arl Y~vSa~++G ~
( 9) -riv IWS werl SGw-!X rn -J 'Kk wl nc ,t nc i~ ~w#'G a #A:, C
II. SPECIFIC INFORMATION: P
A. Describe in detail the existing and conditions of the facility in relation to the requested variance.
(Example: Requested Variance is for HAR Section 11-62-31.1 (a)(2)(C): The total area of the
subject lot is 8,500 square feet. The lot has 2 buildings on it consisting of a restaurant and a
physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000
gpd.)
I Itl M8 2 SCI l~ Iae~Qrsavrt- cQ.w"
5 i x (lo ~C is~+ c Cc.ts P ~S . ~y/~o / 1 is c` 42
CiiYC(o rr~,'c Srtl~Ortns _ i tie ( of 7~¢ Pi r>0- 14
~f~ SeN~, C ScrS-~.?~mS WI I ~Plwrl'CP~ ~'1Qe ~3~ fD ccr C¢
e LL s.r -C C t s p
See ~I-~Z -31. rti~C~Zwfe > a,Ils lr'
B. Describe how these present or proposed conditions fail to conform with the environmental rules
of the State. Check applicable category and fill-in-the missing information as appropriate.
[ ] The area of the lot is Z, I 1 a w 3 square feet. This is insufficient to meet the
minimum land area requirements for WS utilization which is one IWS per 10,000 square
feet of lot area.
[ ] 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 gallons per
day. nn
If not in the choices, please specify. - -e 12 M G S tum~ X9
- ~"'~1t ` „~•~tM, ~c,UPX~C1:rt 4~w;'1-~ a l ~b,,,r~-/Y .fD-~ c[r.,l~t+..,~'1 c„
V, c ,c ~fnsde ~1 WS lk 4-tl~ CZ~
C. Describe in detail why the present or proposed equipment and/or operating conditions cannot
Apocat;on for LCC varlance.eoc v as of December 9, 2004 Page 3 of 6
Feb-13-2006 01:29pm From-DOH WASTE WATER BRANCH +9085664300 T-650 P 005/007 F-482
be altered to bring such facility into compliance with the environmental rules of the State within
7 a rea nable amount of time. Check all applicable reasons.
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.
[ 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.
[ ] The facility has been in operation for 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.
( ] If not in the choices, please specify.
D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1,
D-2 & D-3) to clearly show that:
(1) The granting of the variance is in the public interest as defined in the Hawaii Revised
Statutes, Section 342.D-6(c).
[?i]~ 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.
[ ] Prevent loss of jobs. The LCC serving my facility has been in operation for
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.
[ rte L<O y ~ U--1 a h.V~ -rpm w tea .
J2
(2) The granting of the variance will not substantially endanger human health or safety.
I / 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.
Appllcaeon for LCC vanance.ooc v as of December 9, 2004 Page 4 of 6
Feb-13-2006 01:29pm From-00H WASTE WATER BRANCH +8085864300 T-650 P 006/007 F-482
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.
[ ] If not in the choices, please specify.
(3) Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public.
[ The residents of the A IN/414'A ELOL ~s/A~G
L.c( H are essentially
H47
economically depressed.
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.
[ ] The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
E. Specify the amount of time requested for the.vadance and the reasons for such a time period.
Note that the Director cannot issue a variance for a period exceeding five years (if additional
space is required, please include the information on a separate attachment and label
"Attachment E-1 Check applicable amount of time requested.
[b,11 5 years [ ] 4 years [ ] 3 years
[ ] 2 years [ ] 1 year
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label "Attachment F-1
III. CERTIFICATION:
`T&L~4 Tarr o SRc
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to the
best of my knowledge and belief.
Signature: Al /f' -'a ` o
Date: It 3 0
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: Kb 2'L1.. ?-Wfo
Application for LCC variance.doc ~ as or December 9, 2004 Page 5 of 6
Feb-13-2006 01:30pm From-00H WASTE WATER BRANCH +8085864300 7-650 P 007/007 F-482
V. Application No.: r y r - 13
n'
VI. Docket No.: o((~~ ' `er - V V V W -02
VII. Received by: L--N
VIII. Filing fee ($300.00) check date: Q g.' a ( -0100 Check # 3
IX. Department of Health Receipt # f 3 5
X. Decision on Application (including date):
XI. Date of Public Hearing:
Apphoation for ACC vanance.doc vww as of December 9. 2004 Page 6 of 6
-*"4 "o 4-}w4vK
µ<r;+ptwr' *,P-`~',"-""'- '-az~•y" -zopSe
Transmittal Date: 10 aY S erase Date: Y` 61,
Wastewater Branch Variance Application Docket No. -VWW- APP • WW
Name/Title: 10?) )
Subject: Cover Letter, Public Notice and Var' e A li tion
ROUTS TO:
Director of Health - Chi ome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas R Arisumi
Aftom" General's Office, AG Mark Bennet, Veputq Mark McConel, Deputq Bill Cooper
Clean Water Branch - Denis Lau I
Environmental Planning Office - Ke
ter Sunada
Safe Drinking Wa vn r
Branch -
Sanitation Branch - Commercial Properties 9RN
Wastewater Branch Neighbor Island Staff
Kona - Dane Hiromasa (TMs 5, 6,7,9,9) 0
Hilo - Jerry Nunogawa (TM(s 1, 2, 3, 4)
[ 1 Kauai -
I 1 Maui - Roland Teiano
Water Departments
[ I Board of Water Supply - Clifford Lum
[ ounty of Hawaii Dept of Water Supply - Milton Pavao e
County of Maui Dept of Water Supply - George Y. Tongan
[ j Kauai County Department of Water - Edward Tschu
[ l District Health Office - Maui - Herbert Matsubaya" Chief Sanitarian
[ j District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
District Health Office - Hilo - Aaron Ueno, Chief Sanitarian ,
City 8r Count of Honolulu, Department of Plan' Sr Pertnitting
county of a i 1 Council
Oahu Nei hborhood Board •
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8r Variance Application, please check one box:
[ I Recommend to GRANT this variance application.
[ ]Have no objection to the GRANTING of this variance application.
[ J Recommend to DENY this variance application.
[ ] See attached comments.
Reviewed by Contact Phone • Fax •
Please return this ROUTE SLIP. You ma add a separate sheet of connnents to this.
Return this to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone {809) 586-4294 fax (808) 596-4300.
Received by W WB ,42006 variance route slip - Dover letwAoe as of 02/01/2006 vww
i