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Home My WebLink AboutCOM 0913.000 2004-2006 O y LINDA LINGLE / CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~l 1 DIRECTOR OF HEALTH q~ pe 3e:y STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 98801-3378 File: WW 212 Draft Dec CL C:\My D wb60048O May 8, 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 212 Docket No. 06-VWW-01 Kau, Keaau, Waiakea Camps - Residential Dwellings and Office Facilities- Kau, Keaau, Waiakea, Hawaii TMK: (3) 1-6-143, etc 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 telephone number 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, /GLCZ THOMAS E. ARIZU , P. , 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 - Hilo Staff Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo %,Aawaii County Council Ms. Dixie Kaetsu, Managing Director, County of Hawaii Comm. No. 3 Ref. To: Ref. Date-UL2-2-ZJX STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-01 Variance Application No. WW 212 ) for Individual Wastewater System ) Kau, Keaau, Waiakea Camps } DRAFT - SIGNATURE NOT REQUIRED Residential Dwellings and ) Office Facilities ) Kau, Keaau, Waiakea, Hawaii ) TMK: (3) 1-6-143 etc ) 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, Section 11-62-31.1(a)(2)(A), (B) and (D) and Section 11-62-05 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. The installation of individual cesspool in the Keaau and Waiakea Uka camps is limited to persons who owned such property as of June 30, 2006. For property which ownership has transferred or has been sold after June 30, 2006, the construction of new cesspools shall not be allowed. 3. For Kau camps and other County facilities, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch if a soil absorption bed/leach lines are used. If the existing cesspool(s) is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 4. If the existing cesspool(s) is used as a seepage pit for the wastewater system, effluent filter shall be installed for the septic tank(s). 5. The County of Hawaii shall be responsible for the operation and maintenance of the IWSs in the Kau camps and other County Facilities. 6. 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-VWW-01 Variance Application No. WW 212 ) for Individual Wastewater System ) Kau, Keaau, Waiakea Camps ) DRAFT - SIGNATURE NOT REQUIRED Residential Dwellings and } Office Facilities ) Kau, Keaau, Waiakea, Hawaii ) TMK: (3) 1-6-143 etc ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the County of Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03, Section 11-62-31.1(a)(2)(A), (B) and (D) and Section 11-62-05 was reviewed by the Department of Health staff, and a public notice of the application was printed in the April 7, 2006 issue of the Honolulu Star Bulletin and the April 7, 2006 issue of the Hawaii Tribune Herald publications. Five (5) 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, Inc., 841 Bishop Street Suite 1900, Honolulu, Hawaii has applied for a five-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions, Section 11-62-31.1(a)(2)(A), (B) and (D) pertaining to wastewater flows not exceeding 1,000 gallons per day per system, total wastewater flows not exceeding 15,000 gallons per day and the minimum land area of 10,000 square feet for each wastewater system and Section 11-62-05 (c) pertaining to proposed cesspools in any designated critical wastewater disposal area. The applicant is requesting the use of an individual wastewater system (IWS) such as a septic tank system to replace the large capacity cesspools in the Kau camps and other County Facilities. Also, it is proposed that individual cesspools be used to replace the existing large capacity cesspools in the Keaau and Waiakea Uka camps. The TMKs are (3) 1-6-143,1-6-147, 1-6-149, 1-7-028 and 2-4-020. The applicant has made the following statements. 1. It is proposed that septic tanks be built to replace the large capacity cesspools. A variance is needed since Naalehu and Pahala camps and other County facilities generate more than 1,000 gallons of wastewater per day and in the case Kau, Keaau, W aiakea Camps, Variance Application WW 212, Docket No. 06-V W W-01, Findings of Fact and Conclusions of Law, Page 1 of the some of the camps, more than 15,000 gpd. The proposed septic tank systems will be constructed in accordance with Chapter 11-62, Subchapter 3, except for the setback requirements in some instances. The variance is also needed for the proposed individual cesspools for the Keaau and Waiakea Uka plantation camps since the single family residential lots are less than the required one acre. 2. This application is to amend a previous variance which was granted for the proposed wastewater systems which will serve the Kau, Keaau and Waiakea Uka plantation camps, and the County of Hawaii ("County') office facilities. The significant amendments involve the inclusion of the Waiakea Uka camp and the revisions to the County facilities. The Kau, Keaau, and Waiakea Uka plantation camps were probably built over a hundred years ago for the purpose of providing housing for sugar plantation workers for the Hutchinson, Olaa and Waiakea Sugar Companies, respectively. As a result of the closing of the sugar operations, the Kau, Keaau, and Waiakea Uka plantation camps were subdivided and sold fee simple to the plantation workers. The camps consist of seven (7) separate communities as follows: Kau Camps 1) Pahala 114 lots 2) Naalehu 165 lots Keaau Camps 1) 8'/z Mile Camp 47 lots 2) 9 Mile Camp 39 lots 3) 9'/: Mile Camp 54 lots 4) Iwasaki Camp 47 lots Waiakea Uka 1) Camp 6 50 lots Total: 516 lots The camps consist of a total of about 516 lots which presently has single family dwellings except for a few commercial lots. Essentially the camps are served by community sewer systems which utilize gang cesspools or large capacity cesspools for disposal. The proposed wastewater systems for the Keaau and Waiakea Uka camps are individual cesspools which will be owned and operated by the individual residents. The proposed wastewater systems for the Kau Camps are community septic tank systems which will be owned and operated by the County. There are approximately 23 office facilities that the County operates including police and fire stations and maintenance shops. Such facilities which are currently not connected to the public sewer system are utilizing large capacity cesspools for wastewater disposal. The proposed wastewater systems for the County facilities are septic tank systems. The list of County offices and locations are shown in the following pages. Kau, Keaau, W aiakea Camps, variance Application WW 212, Docket No. 06-VW W-01, Findings of Fact and Conclusions of Law, Page 2 In accordance with Federal Regulations, 40 CFR 144-146, the large capacity cesspools must be eliminated by April 5, 2005. The request for variance is from Section 11-62-03, Section 11-62-31.1(a)(2)(A), (B), and (D) and Section 11-62-05(c). It is proposed that septic tanks be used to replace the existing large capacity cesspools. A variance is needed since the Kau camps and County facilities generate more than 1,000 gallons of wastewater per day and, in the case of some of the camps, more than 15,000 gpd. Due the relatively small sizes of some the lots and the fact that most of the lots are well developed, a variance from the set back requirements of Section 11-62-32 (Table II) is also being requested for some of the smaller lots. There may be other provisions of Chapter 11-62 that may apply to the conceptual use of septic tanks for the said facilities. According the CWDA maps, the Keaau and Waiakea Uka camps are located in critical wastewater disposal areas with one acre lot exceptions. It is proposed that individual cesspools be used to replace the existing large capacity cesspools in the Keaau and Waiakea Uka camps. A variance is needed since the lots in these camps are significantly less than one acre. Due to the relatively small sizes of some of the lots and the fact that most of the lots are well developed, a variance from the set back requirements of Section 11-62-32 (Table II) is also being requested for some of the smaller lots. 3. The variance has been requested for the maximum of five (5) years. The following agencies submitted the following comments: 1. The Clean Water Branch submitted the following comment: Have no objection to the granting of this variance. 2 The Safe Drinking Water Branch submitted the following comments: A. The subject properties are all situated "mauka" or above the Underground Injection Control (UIC) line. Therefore, the properties overly or recharge 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. Injection-well cesspools that are to be retained as injection-well seepage pits are subject to HAR's Chapter 11-23. All injection-well seepage pits shall be registered by a UIC permit. The owner/operator of the injection- well seepage pits is responsible for applying for the UIC permit. The UIC permit application should be applied for now; C. Because the variance is being driven by the federal ban on large-capacity cesspools, we have no objection to granting the variance; and Kau, Keaau, Waiakea Camps, Variance Application WW 212, Docket No. 06-VW W-01, Findings of Fact and Conclusions of Law, Page 3 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. The installation of individual cesspool in the Keaau and Waiakea Uka camps is limited to persons who owned such property as of June 30, 2006. For property which ownership has transferred or has been sold after June 30, 2006, the construction of new cesspools shall not be allowed. C. For Kau camps and other County facilities, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch if a soil absorption bed/leach lines are used. If the existing cesspool(s) is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. D. If the existing cesspool(s) is used as a seepage pit for the wastewater system, effluent filter shall be installed in the septic tank(s). E. The County of Hawaii shall be responsible for the operation and maintenance of the IWSs in the Kau camps and other County Facilities. F. 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. Kau, Keaau, Waiakea Camps, Variance Application WW 212, Docket No. 06-VW W-01, Findings of Fact and Conclusions of Law, Page 4 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 IWS shall be approved in writing before being placed into service. 2. The installation of individual cesspool in the Keaau and Waiakea Uka camps is limited to persons who owned such property as of June 30, 2006. For property which ownership has transferred or has been sold after June 30, 2006, the construction of new cesspools shall not be allowed. 3. For Kau camps and other County facilities, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch if a soil absorption bed/leach lines are used. If the existing cesspool(s) is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 4. If the existing cesspool(s) is used as a seepage pit for the wastewater system, effluent filter shall be installed for the septic tank(s). 5. The County of Hawaii shall be responsible for the operation and maintenance of the IWSs in the Kau camps and other County Facilities. 6. 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. Kau, Keaau, Waiakea Camps, Variance Application WW 212, Docket No. 06-VW W-01, Findings of Fact and Conclusions of Law, Page 5 77 Tran=Attal Date i Date? Wastewa w l( nwh V e Application Docket N+ - VWW - Q 0 ; N tle: U (ti (POL ( <a (?-'Subject Draft Decision Letter with Decision & Order imd cfPan of Law ROUTS TO: D,of Health - CMIG" Leitnaala for Shtmnntab Hariltb f+twi - Tlwinas S ~~Imm~i Attmmg: lea hers Offilm A k S CWm Water 9nowth - DwAs Lau Sthv~tl OfElce -Kelvin SuthacL + Wow Branch - min Sgnntdet~or+' Waotew0ar Bmach eighborl,alltnd Suff [ 1 Yam - Dane Mraat m f &ft S, 6, 7, a, 9) IX1 ' jwq MXXWwa PI1 OCO 1, 2, 3, 4) I 1KIRW- I M#" - Rownd Te' Water Pepattauft I 18004 of Water OUPON - Cu ford Lunn I~>d cow" of ulwaii Dept of Water Supply - mon pavao - [ 1 County of Maui Dept of water Sapplyl - Aeosge Tingan of Water=trd [ IvisuictReakh Office - Maui - Herbert Mt Audwork I 1 District Health Office - Kauai - Clyde Takalaswt: ( ~xj Diatricc Health Mee - Hib - Aaron + C Honok&% ( Counca mad Board « Oahe 1+P/ ACTION MUMM: If you have comments or corrections to the DRAFT Decision & Orden, plem submit th* in wdtbV m a sheet Otherwise, please file or discard at your &wa*tioa Othorwiaa, keep for:your r kwW or Atom" The m&N'6D FINAL Decision & Order will be forthcoming. If there are cotrunents, send to: Mr. Harold Yee, Chief: WAsbnv*W Branch 919 Ala Moans T33vd. ftal~a my Honokilu, Hawaii 9W4-4WO phone (909) 996.4094 fax l 99&43W. Received by W"AM 2006 variance route alip - draft dedocndoc as of 02/0!/2006 vww