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Home My WebLink AboutCOM 0914.000 2004-2006 e O! ry LINDA LINGLE ! 1 CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII, DIRECTOR OF HEALTH ; 1G4, ,m m;cn~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer ta: HONOLULU, HAWAII 96801-3378 File: WW 213 Draft Dec CL CAMyD WB60483 May 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 Please find enclosed a draft of the Decision and Order regarding the above mentioned application for variance request. We are also enclosing for your information the Findings of Fact and Conclusions of Law. If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater Branch at our direct toll free telephone number at telephone 586-4294, fax 586-4300 no later than the close of business on Tuesday, May 30, 2006. If we do not hear from you by the above date, the draft will be finalized. If you wish to discuss our decision and add any additional information, please call our office before the above date. Sincerely, THOMAS E. ARIZUMI,P_F CHIEF Environmental Management Division Enclosures: Draft Decision and Order Draft 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 District Health Office - Hilo ,+iawaii County Council Comm No. Ref. To: Ref. Date STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VW W-02 Variance Application No. WW 213 ) for Individual Wastewater System ) Proposed Use of Six (6) Septic ) DRAFT - SIGNATURE NOT REQUIRED Systems to Serve the ) Kohala Union Housing Corporation ) 59-3996 Ainakea Drive ) North Kohala, Hawaii ) TMK: (3) 5-3-011: 107 ) 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(b)(1) is hereby GRANTED for five (5) years 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. If seepage pits are used for effluent disposal, than each septic tank shall be fitted with an effluent filter(s). 3. The septic tanks shall be enlarged to accommodate the four (4) dwelling units connected to a single septic system. 4. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NOT required. Thomas E. Arizumi, P.E. Chief, Environmental Management Division STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VW W-02 Variance Application No. WW 213 ) for Individual Wastewater System ) Proposed Use of Six (6) Septic ) DRAFT - SIGNATURE NOT REQUIRED Systems to Serve the ) Kohala Union Housing Corporation ) 59-3996 Ainakea Drive ) North Kohala, Hawaii ) TMK: (3) 5-3-011: 107 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Kohala Union Housing Corporation for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(b)(1) was reviewed by the Department of Health staff. A public notice of the application was printed in the March 25, 2006 issue of the Honolulu Star Bulletin and the March 29, 2006 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. Dennis Tulang of M&E Pacific, 841 Bishop Street Suite 1900, Honolulu, Oahu, Hawaii has applied for a five-year variance from the 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." The applicant has stated that the property has 21 single bedroom dwelling units serviced by six (6) septic systems. Five (5) of the proposed six (6) septic systems will service three (3) to four (4) dwelling units per septic system. Requested variance is for Section 11-62-31.1(b)(1) which only allows a maximum of two (2) dwelling units per septic system. The Ainakea Elderly Housing is located at 53-3996 Ainakea Drive, North Kohala, Hawaii and identified as TMK: (3) 5-3-011: 107. The applicant has made the following comments. Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VW W-02, Findings of Fact and Conclusions of Law, Page 1 1. The area of the lot is 2.11 acres. 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 proposed septic systems (5) would not comply with HAIR Section 11-62-31.1(b)(1). The maximum dwelling units allowed for connection to a septic system (IWS) is two (2). 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. 5. 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. 6. Kohala Union Housing is a non-profit organization. Tenants are low-income and elderly. 7. 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. 8. 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. 9. The residents of the Ainakea Elderly Housing are essentially economically depressed. 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. The following agencies submitted the following comments: Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VW W-02, Findings of Fact and Conclusions of Law, Page 2 1. The Clean Water Branch submitted the following comment: Have no objection to the granting of 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. Hawaii Administrative Rules (HAR), Title 11, Chapter 23, Underground Injection Control, prohibits new sewage injection wells above the UIC line; B. There are no program-recorded drinking water wells within a quarter mile of the subject property; C. Because the variance is being driven by the federal ban on large-capacity cesspool, we have no objection to granting the variance; and D. If a variance is granted, appropriate conditions should be imposed to insure proper operation and maintenance of the septic tank systems. 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 seepage pits are used as disposal systems, than each septic tank shall be fitted with an effluent filter(s). C. The septic tanks shall be enlarged to accommodate the four (4) dwelling units connected to a single septic system. 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: Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VW W-02, Findings of Fact and Conclusions of Law, Page 3 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 for five (5) years with the following conditions: 1. 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. 2. If seepage pits are used for effluent disposal, than each septic tank shall be fitted with an effluent filter(s). 3. The septic tanks shall be enlarged to accommodate the four (4) dwelling units connected to a single septic system. 4. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NOT required Thomas E. Arizumi, P.E. Chief, Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Kohala Union Housing Corporation Variance Application W W 213, Docket No. 06-VW W-02, Findings of Fact and Conclusions of Law, Page 4 WasUmater Branch V >I7a?t c ca 'az; orCket Name/'htle; , Sub' 'Draft Dar isioneetsr with Decioian;' of lacr:$r ROUTS TO: Director of Health - Chi Leinaala VU)4no Director for Fktvir~nmerrtal Healk]i Adnunisq - Chiet; > - Thornis S Arai A 6eneraYa Office, AG Mark Bennet, T~ clean water ihantfi - Denis LOU a t s F.rtvironmental Office - Kelvin Safe watipr ranch - n I Q11 RAYTIAUTTIa/1 /I. Sanitation Branch - dial Weer BruMh Island Star: P Dane Himnaaa mws S, 6, 7, 8, 9)r { l IIao - Jerry Nunogawa MAKa 1, 2, 3, 4) [ I Kauai - [ ..]Maui -Roland T water Departments @ [ I Board of water Supply - Clifford UZI ( X) ounty of Hawaii Dept of Water Sugpty - Mixon Pavao p 1 CCou:" of Maui Dept of water Supply Y. Town Kauai 111 Of water - [ I DiatttCt Health Now . IS'ss~itarian [ I District Health 001ce - Kauai - Clyda Health Ofte - Hilo - Aaron Usnp, ` C' 8r ofgmokd% D of C of / Council , Oahu N hood • ACMN REQUESTED: If you have corrunents or corrections to the DRAFT Decieim & Order, please saiamit tMn In w'"-m4mmem sheet Otherwise. please flk discard at your diacretfoa a Otherwise, keep for YoW r The SIGNED FDdAL Decision & Order will be forthcoming. If there are comments, send to: Mr. Harald Yee, Chief, Wastewater Bunch 919 Ala Moans. Blvd goom'$!f)9 Honolulu, Hawaii 961"14-4920 phone (808) W6-4294 fax MW SS&-4500. i4ceiwd by W W9 2006 variance route amp - &aft Aeds sn dw as ojOe/OV23W vww i i