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Home My WebLink AboutCOM 0775.000 2004-2006 0 +h9 ~ rvsy K LINDA LINGLE • ` , CHIYOME LEINAALA FUMING, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAil' 1 DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378, File: W 207 Final Dec CL.wpd C:\My D\ wb60264 March 9, 2006 CERTIFIED MAIL 7002 3150 0001 6551 0507 RETURN RECEIPT REQUESTED Mr. Ronald Nickel, P.E. Civil Engineer 12-7109 Kalaunu Street Pahoa, Hawaii 96778 Dear Mr. Nickel: Subject: Variance Application No. WW 207 Docket No. 05-VWW-41 Use of an Individual Wastewater System for a Multiple Dwelling with More Than Five (5) Bedrooms at 163 Aipuni Street, Hilo, Hawaii TMK: (3) 2-5-016: 015 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on March 3, 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. ARIZUW . CHIEF Environmental Management Division Enclosures: Final Decision and Order Findings of Fact and Conclusions of Law co Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Sanitation Branch Wastewater Branch - Hilo Staff Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo ,41awaii County Council Comm. i +O. Raft 7o: Not, uate STATE OF HAWAII 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 ) 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. 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. Jeff & Kaui Trainer Variance Application WW 207, Docket No. 05-Vww-41 Decision & Order Page 1 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 or trenches 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, March 3. 2006 Thomas E. Arizumi, P.E. Chief, Environmental Management Division Jeff & Kaui Trainer Variance Application WW 207, Docket No. 05-Vww-41 Decision & Order Page 2 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 ) 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 a five-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. Jeff & Kaui Trainer Variance Application WW 207, Docket No. 05-VW W-41 Findings of Fact and Conclusions of Law, Page 1 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. 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). Jeff & Kau! Trainer variance Application WW 207, Docket No. 05-VW W-41 Findings of Fact and Conclusions of Law, Page 2 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. 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. Jeff & Kaui Trainer Variance Application WW 207, Docket No. 05-VW W-41 Findings of Fact and Conclusions of Law, Page 3 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/trenches 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, March 3. 2006 ~B2 r2 a~-v Thomas E. Arizumi, P. - Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. 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