HomeMy WebLinkAboutCOM 0945.000 2004-2006
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LINDA LINGLE CHIYOME LEINAALA FUMING, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
WW 212 FINAL Dec CL
C:\My D wb60574
June 5, 2006
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CERTIFIED MAIL 70051160 0001 8381 4045
RETURN RECEIPT REQUESTED r^: c
Mr. Dennis Tulang
Senior Project Manager
M&E Pacific
841 Bishop Street, Suite 1900 v
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 the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on
May 30, 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 EF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Hawaii Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
vhqawaii County Council Comm. No.
Ref. To:
Ralf. Date
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 )
Residential Dwellings and Office Facilities )
Kau, Keaau, Waiakea, Hawaii )
TMK: (3) 1-6-143 etc )
1
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(s) shall be installed for the septic tank(s).
5. The County of Hawaii shall be responsible for the operation and maintenance of the IWSs
residing within the County Right-of-Way 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, May 30, 2006
Thomas E. Arizumi, P.
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 )
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.,
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) which states that wastewater
flows shall not exceeding 1,000 gallons per day per system, nor exceed a total wastewater
flows of 15,000 gallons per day and requires a minimum land area of 10,000 square feet for
each wastewater system and Section 11-62-05 (c) which states that cesspools cannot be used
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 affected areas are identified as
TMKs (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
Kau, Keaau, Waiakea Camps, Variance Application WW 212, Docket No. 06-VWW-01,
Findings of Fact and Conclusions of Law, Page 1
facilities generate more than 1,000 gallons of wastewater per day and in the case
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 Camos
1) Pahala 114 lots
2) Naalehu 165 lots
Keaau Camps
1) 8 %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
Kau, Keaau, Waiakea Camps, variance Application WW 212, Docket No. 06-V W W-01,
Findings of Fact and Conclusions of Law, Page 2
locations are shown in the following pages.
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;
Kau, Keaau, Waiakea Camps, Variance Application WW 212, Docket No. 06-VW W-01,
Findings of Fact and Conclusions of Law, Page 3
C. Because the variance is being driven by the federal ban on large-capacity
cesspools, 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. 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(s) 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-VWW-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(s) shall be installed for the septic tank(s).
5. The County of Hawaii shall be responsible for the operation and maintenance of
the IWSs residing within the County Right-of-Way 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, May 30. 2006
Thomas E. Arizumi, P-E
Chief, Environmental AAaaag ment 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 Fad and Conclusions of Law, Page 5
Transmittal Date:
Wastewater Branch Variance Application Docket No. Q j(2 - VWW - U APP u WW a
Name/Title: u W(J- WC.fO'O Coj-n
SubjeCt: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, ENID - Thomas E. Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau e
Environmental Paining Office - Kelvin Sunada
Safe Drinkin Water Branch - C`jy&A- Q VY1.G d_A
Sanitation Branch - Commercial Propertie my
Wastewater Branch Neighbor Island Staff
[ ] Kona -Dane Hiromasa (TMKs 5, 6,7,9,9)
[5Q Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] Kauai -
[ ] Maui - Roland Tejano
Water Departments
[ ] Board of Water Supply - Clifford Lum
County of Hawaii Dept of Water Supply - Milton Pavao e
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County Departrnent 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 & County of Honolulu, Department of Planning & Permitting
County of u-~g ( ( Council
Oahu Neighborhood Board a
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 96614-4920
phone (80$) 5$6-4294 fax (809) S$6-4300
2006 variance route s&p -final decision.doe as-of 0210112006 vww