HomeMy WebLinkAboutCOM 0929.000 2004-2006
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LINDA LINGLE ( CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAIIl DIRECTOR OF HEALTH
w.~ eec.a`e~STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer [o:
HONOLULU, HAWAII 96801-3378 File:
WW 213 FINAL Dec CL
C:%My D wb60530
May 24, 2006
CERTIFIED MAIL 7005 1160 0002 3838 8095
RETURN RECEIPT REQUESTED
c~
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 the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on May 22, 2006 for five (5)
years. We are enclosing for your information the Findings of Fact and Conclusions of Law.
Please note the variance conditions. If there are any questions relative to the variance, please do
not hesitate to contact Mr. Harold Yee, Chief of the Wastewater Branch at phone 586-4294, fax
586-4300.
Sincerely,
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
cc: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Hawaii Staff Engineer
Department of Water Supply - County of Hawaii Comm. No.
District Health Office - Hilo Ref. To: c
VMawaii County Council p
Mr. Kevin Tanaka of Bob Tanaka, Inc. Ref. Date
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-02
Variance Application No. WW 213 )
for Individual Wastewater System )
)
Proposed Use of Six (6) Septic )
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, each 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, May 22. 2006
j ~
Thomas E. Arizumi, P.. .
Chief, Environmental anagement Division
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-02
Variance Application No. WW 213 )
for individual Wastewater System )
Proposed Use of Six (6) Septic )
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 day comment period 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, 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
which are to be 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.
Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VWW-02,
Findings of Fact and Conclusions of Law, Page 1
The applicant has made the following comments.
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.
Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VWW-02,
Findings of Fact and Conclusions of Law, Page 2
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 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.
Kohala Union Housing Corporation Variance Application WW 213, Docket No. 06-VWW-02,
Findings of Fact and Conclusions of Law, Page 3
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 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, each
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, May 22, 2006
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 WW 213, Docket No. 06-VwW-02,
Findings of Fact and Conclusions of Law, Page 4
Transmittal Date:
Wastewater Branch Variance Application Docket No. - VWW - APP • WW
Name/Title: Q uam - u ) -
SubjeCt: Final Signed Decision Cover Letter, Sign` ecision & Order & Findings of Fact & Conclusions of Law
ROUTE TO:
Director of Health - Chi ome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas R Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau c
Environmental Planning Office - Kelvin Sunada i
Safe Drinkin Water Branch - Anil
Sanitation Branch - Commercial Properties Only
Wastewater Branch Neighbor Island Staff
[Kona - Dane Hiromasa (TMKs 5, 6, 7, S, 9)
[ 1 Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
I 1 Kauai -
[ 1 Maui - Roland Tejano
Water Departments
[ 1 Board of Water Supply - Clifford Lum
[x1 County of Hawaii Dept of Water Supply - Milton Pavao .
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County Department of Water - Edward Tschupp
[ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
District Health Office - Hilo - Aaron Ueno, Chief Sanitarian ,
City & Count of Honolulu, Department of Planning & Permitting
County of / Council
Oahu Neighborhood Board #
-EM6L 1V1G. DrtM. Rvin TCUn [ul
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
X The attached is for your information to file or discard at your discretion. No action is required.
Thank you for your assistance in the variance application process.
From: Mr, Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96914-4920
phone (808) 586-4294 fax (906)!396-4300
2006 variance route slip - final decision.doc as of 02/01/2006 vw