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HomeMy WebLinkAboutCOM 0857.000 2004-2006 94v LINDA LINGLE P } ` ` CHIYOME LEINAALA FUKINO. M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH F.O. BOX 337E In reply, please refer to. HONOLLIW. HAWAII 96801-337E File WW 215 PN CL.wpd C:\My D\ WB60396 April 19, 2006 Mr. Theodore Baldau RT Engineers, Inc. P.O. Box 390628 Kailua-Kona, Hawaii 96739 Dear Mr. Baldau: Subject Variance Application No. WW 216 Docket No. 06-VWW-04 Use of Large Capacity Cesspools Serving Buildings on Said Property Including Hotel, Associated Restaurant and Laundry Facilities and for General Commercial Use Building used as an Art Gallery and Potato Chip Bakery, on the property of Manago Hotel, Inc. 82-6151 Mamalahoa Highway, Captain Cook, Hawaii TMK: (3) 8-2-015: 019 87,120 square feet The Department has reviewed your preliminary 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. 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 West Hawaii Today one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice (names and emails may have been changed - this is the basic information on file) Honolulu Star Bulletin, 500 Ala Moana Blvd.; Seven Waterfront Plaza Ste 500, Honolulu. Hawaii 96813 contact Elizabeth at telephone (808)529-4827; fax (808)529-4829; email elizabeth@starbulletin.com West Hawaii Today. P. 0. Box 789; Kailua-Kona, HI 96745, ph (808)329-9391 fax (808)329-3659 emailliogan@westhawaiitoday.com Lamm. No. AS ~ Ref. Tot Ref. Lota.p~g~~ Mr. Theodore Baldau April 19, 2006 Page 2 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 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 our direct toll free telephone number 974-4000 ext. 64294, fax (808) 586-4300. Sincerely, THOMAS E. ARIZUMI, P. Chief, Environmental Management Division Enclosures Receipt No. 13836 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Kona Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo Xawaii County Council C:\My Documents\WW 215 PN - manago hotel.wpd wb60399 WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 215 DOCKET NO. 06 - V W W - 04 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. Manago Hotel, Inc., Captain Cook, Hawaii has applied for a five (5) 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." and Section 11-62- 31.1(a)(2)(A) which states "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." Mr. Theodore Baldau, Vice President of RT Engineers, Inc. of Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the variance because the lot has four (4) buildings on it; two (2) buildings are hotel use with an associated restaurant and laundry facility and two (2) buildings are for general commercial use and are currently used as an art gallery and potato chip bakery. Three (3) cesspools serve the entire development. The estimated wastewater flow is 8,000 gpd. The Manago Hotel is located at 82-6151 Mamalahoa Highway, Captain Cook. Hawaii and is identified as TMK: (3) 8-2-015: 019. The total area of the development is 2 acres (87.120 square feet). The applicant has made the following comments. 1 The large capacity septic systems proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1.000 oallons per day of wastewater. The estimated flow into the systems would be 1500, 2500 and 4000 gallons per day. 2. The area of the lot is 87,120 square feet. The total area under footprint of business is approximately 15,000 square feet given an estimated 8,000 gpd of wastewater flow there is insufficient useable land area to allow 10.000 square feet for each 1000 gallon of expected daily wastewater flow. 3 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. 4 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. E, The facility has been in operation for 89 years. Installation of a WWTP in lieu of a septic system would impact the business with costs unable to be supported by the current operation and may force the owner to abandon the business operation. e. 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. 7. Prevent loss of jobs. The LCC serving my facility has been in operation for 89 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. 8. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide abetter 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. 9 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. 10 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. 11. The variance is requested for the maximum of five (5) years. A plot map has been attached to this application for variance but can not be shown here. 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 L. FUKINO, M.D. Director of Health State of Hawaii Wastewater Bra Department of Health Application No. WWS Environmental Management Division Docket No. QED - VWW - APPLICATION FOR VARIANCE - Primarily Conceminq Large CapacitV 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/" x 11" format (for copying purposes). GENERAL INFORMATION (please.. ``print or type): A. Name: MAn kk oro Acrry_" a7 tjL.. (Corporation, company, agency, firm, etc. seeking variance) Mailing address L~.~ch•.~ G~=~ . ~4Aw,.~~ a~-ro~ (City) (Island) (Zip Coce; Nature of Business Check applicable cateccry. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ 1 Non-Residential LCC ( 1 Retail Business [ ) Visitor Center [ ] Church School j 1 Golf course clubhouse i restmorr, Xi Restaurant / food establishment (K. Others, please specify: t-\cnzs_ ( ] Residential LCC [ ] Multiple dwelling [ ] Community system [ Regional system ] Others, please specify. Provide location of existing cesspeol(s - < Gls CJ lax Map Key No. L3_) Applicanon for LCC VananCe coc vww as of Cecember c 200, Face 1 c' c 1=Oahu 2=Maui 3=Bic Island 4=Kauai gZ-(al51 MA.-t?~twr~oA ~t64wV'~- (number) (street) e"APT,, j%/ emk. h~ 4- /-J' 9b7c} (City) (Island) (Zipcode) E. Individual authorized to act for applicant: Name: 'toecocAe ZAt ~hJ Title: QktE QRES+DF~. KT EwiVwEEZS.S„~ ~o~c t~ bZ `t Address: 7?-.< ~~4...v.- ~a..•A. ~~Z gb-r3~1 (City) (Island) (Zip code) Phone No.: 0106) 32cl 115- Fax No.: ~ESO4'~32g `ItQ~ Email Address: O&C"_%NJ\ 0 bwra • CS e'~\ 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 cations per day cf dcmestic wastewater. Individual wastewater systems may involve treatment processes anc 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. - [ ] Section 11-62-31.1 (a) (1) (A) "For residential deveicpments. There shall be 1G.000 square feet of land area for each individual wastewater system.' [ I Section 11-62-31.1(a)91)(C) "For residential develcpments. Area of the ict shall not be less thar, 10.000 square feet except for tots created and recorded befcre the effective date of this rule. For lots less than 10.006 square feet which were created and recordec before the effective date of this rule. cnry cne individual wastewater system shall be allowed." 4Q Section 11-62-31.l (a)(2)(A) "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1006 gallons per day per 10.000 square feet of usable land area which shall not include the area under the buildings. [ 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 i0.GGG square feet except for lots created and recorded before the effective date of this rule. Fcr lots less than 1G.000 square feet Aconcaoon fcr LCC vananc 0- v a of Den mber 9, 2004 =ace 2 v t which were created and recorded before the effective dare of this rule. only one individual wastewater system shall be allowed.' II. SPECIFIC INFORMATION: 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.) t2E~E5St"~ J~?+A..tc.E t5 t~PcK SeLt.e,n 1\-bZ"o~ a t1-bi.-31.~<wYZ~/{1 T`r\E ToTA r REA of 'Th£ Lo C \ S Z AL4¢S .12Q S'tt, ) , -TAE i,,WT a ~{tDwbs ow, ~N . -two t5.+~.~ , ys hQTc roan .vsc WR% A,a Anoc.;kzED RESrt'tlvRhwZ t ~.N.~w~LtZ..` Fwu~R{e:. Iwo 3....ot~tvs h"ZE '~orL IvtwEt~nt Cor+yEdLw~-tYE Awl; hRELv~IEv~W %AE4 KS kA PcYT ~w~.LEG.~ k ~rJTh'TO Lt1t'~ 2Wk.2R.4. 1'hQEE G.', a 'Q*.S SEr'zt ~ GE;rf^eP+w'r T\'CE bT. l`~c Es'C.~KS whDTEwkTC~l r~.c.-.~ lSt5.000 C(..'~G E. 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. 1 The area of the lot is square feet. This is insufficient to meet the minimum land area requirements for INNS utilization who n. is one IWS per 10.000 square feet of lot area. 7~7TEgS [x; ! he large capacity septic 4E4eFm prcpOsed to serve the iacIIIN would not ccni With HAR Section 11-62-03 because the IWS would receive more than 1.000 gallons per gav of wastewater. The estimated flow into the sustc-at wculc be t ff oo+ callons per dav, di 25o~k 4 oc c If not in the choices, piease specify T41E A;LCA. e=r Tt4E WT l5 $T, 12osr. , ~cZ A~A0.tA yr.. y`Ev2 roc<'D ~.•••.t of ,b •,+oS ~S PD~rok. 15.9 oC Sy.-~. ~tyE w7 A.J EsT..w lftEO O~ btD oY WMTE wK{c-2. Fw..: 7'AeiE \b ~tNSvFFigtr T v~.;w34t ~a-.~n1cPs "C~ n`~o•.x 1c,vo~~~ Sor C-k~r, \ccc q4~ of Ei.~c vAit.7 wityTEikw.gTc:. F1..e...~ C Describe in detail why the present or proposed equipment andror operating conditions canner ipphcanen'or LCC \'anance.doc v as of Decern of S 20C- Face 5 o; E be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time. Check all applicable reasons. N/ The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 57 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. [~Q If not in the choices, please specify. 'THE FnGUrc Afes SEc.a %u o0«h'~,n: Q0._ 5CQ yE04W~1, SwI STR~Vrt > , of A W W-W twr \%Q J oc N SEp4~ 4-VOL-M wo.\-p ZHE 43%*%WezS w%Ves C.oStS V%JN'% E A QE SvR;oraWD O l -\Y.E G-a~0.E~t 0Vevt% 1 Nr.+a n~R ( ~cE TNC o EZ Tc 01%8A UO d TH E BuS~rvESS OpERftno-d - 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). r"i The applicant believes this variance request is in the public interest because the LCC will be upgraded to an MS (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. V Prevent loss of jobs. The LCC serving my facility has been in operation for jE3 ~q- 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. (2) The granting of the variance will not substantially endanger human health or safety. Xi 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 imoact to the environment will be minimized compared to the current wastewater disposal. Apohrabon for LCC Variance coc v as of December 6. 2004 Pace 4 cc E The proposed treatment individual wastewater systems will provice create- 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 are essentially economically depressed- N 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 variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (rt additional space is required, please include the information on a separate attachment and label "Attachment E-1"). Check applicable amount of time requested. 5 years [ ] 4 year [ ] 3 years [ ] 2 years [ ] 1 year F. Submit any additional information which will support this application for a variance tLe statements. plans. area maps, histories, etc., and label "Attachment F-1 III CERTIFICATION: I. I ti~cv~RE 64~9h~ VIE ?LZf~xw~ Euc,.~cc~'.~ ~w,c_. (print name) (pent title`,. certi v that I have knowledge of the facts herein set fort and that the same arc- t-je anc correct to tnE best of my knowledge and belief. Signature: /]x- Date: 3/3, /CV DO NOT WRITE BELOW - FOR AGENCY USE ONLY IV Date Application received ApDiicaDon for LCC Vanance cog v a, of December 5, 2004 Pace cr E 17- V. Application No.: Vrry``((~,~ J~ ? VI. Docket Nc.: V lJ _ y / V~ VII. Received by: l-~v P ivVI t i 2 L~ Vlll. Filing fee (5300.00) check date: bf -Check # 3 IX. Department of Health Receipt # ?~(i X. Decision on Application (including date): Xl. Date of Public Hearing: Appli¢aon for LCC V'enance cr c + es e' Decemoer S. 2004 Face 6 c' 9oa=ee7 e,., SZC9-6cC (909) N56s' 610ZOOZF 6 oimo10 gE/96 II] 'VNO>I-Vf171V>J ~'-w a o~~ is .noi 9,1908 d LX09 O ~3JON 09v"" NV16311S )Nl `P2Eq']NIDNq 1,23 6GSl-Z-BI£)~NW~ at s( I O I U W E Q Q W e Z ¢ 1 O- 6 u K W 2 6 9¢ Z W Z ~ O 4 p a OJ ~ I / % m¢ u y ~ ~ / W Y p U W U' / J OJ W p 3 L > W U 4 3 7 o p ~ 11 1 7 1 Q W E V C - Z Y Y 3 i U 4 6 W O Z c' wN u W 3 p W U W C ~ l7 V ' ~ F Z W Z Y _V' O _ OZ ¢J W u u~ V N Z YO 4 W 'ZS Ur V.i Z _Z .n N, Y O ~ W m C f W 1 L r W z o a ~ of C ° C w F C) > w C i w C I 1 - _ • 124 Z02 P 7. i. .b.t v C - I 0dwv - Cliffm d lam OIWWAd vts" of Wa r' - Pavsec~ . C ew~~ . -n 7 ' AcrAm Doom: I IF~neir~o-' ~trs°ttaeC `;/amccm~ld». I I Reuic bg , ~ ' feat YOU Return llur4a y 'cc, h1i9a, C~+ ~ pbmw,(SM 996-4"4 Ox S66-4900.