HomeMy WebLinkAboutCOM 0946.000 2004-2006
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p LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII` / DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 Inpgy, please refer to:
HONOLULU, HAWAII 96801-3378 N File:
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June 5, 2006 - oa
Mr. Stephen J. Herbert
Stephen J. Herbert PE Inc.
74-5606 Pawai Place 203
Kailua-Kona, Hawaii 96740-1660 0
Dear Mr. Herbert:
Subject: Variance Application No. WW 218 Docket No. 06-VWW-07
The Continued Use of an Individual Wastewater System Connected to a
Building with Three (3) Dwellings for Stephen C. Holmes Trust
78-6701 Alii Drive, Kailua-Kona, Hawaii, TMK: (3) 7-8-014: 041
The Department has reviewed your application for a variance for the subject property from
Hawaii Administrative Rules, Chapter 11-62. 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 following agencies for assistance in the publishing of the public notice
(names and emails may have changed - this is only basic information on file):
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500,
Honolulu, Hawaii 96813 Contact Elizabeth at phone (808) 529-4827,
fax (808) 529-4829, email elzabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 emailllogan@westhawaiitoday.com
Failure to have this notice published within three (3) weeks of 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. Once published, you must submit
the original certified affidavits of the publication from both newspaper agencies to the
Comm. No._q&~
Ref. To.
Ref. Dote
Mr. Herbert
June 5, 2006
Page 2
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 phone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
THOMAS E. ARIZU I, RE
Chief, Environmental anagement Division
Enclosures: Receipt No. 13839
Public Notice
cc: 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
v4awaii County Council
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. W W 218
DOCKET NO. 06 - V W W - 07
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. Mr. Stephen C.
Holmes (Owner) of 78-6701 Alii Drive, Kailua-Kona, Hawaii has applied for a five (5) yearvariance
from Hawaii Administrative Rules (HAR), Section 11-62-31.1(a) (1) (D) & (b)(1) (2)(C) which states
that only two (2) dwelling units can be served by a single individual wastewater system (IWS).
Mr. Stephen J. Herbert is the individual authorized to act for the applicant. The applicant
is requesting that he be allowed to continue to use a single IWS which serves a building with three
(3) dwelling units located at the above stated address, and identified as TMK: (3) 7-8-014: 041.
The applicant has made the following comments.
1. Following his wife's illness and inability to use stairs, the Owner elected to convert
the ground floor storage area into an efficiency apartment that met handicap
standards. This conversion created a third dwelling in the building that is served
by a single IWS. The total number of bedrooms in this building is five so the total
flow is within Chapter 11-62-31 limits.
2. The three dwelling units that flow into one WS does not appear to conform with
Chapter 11-62-31.1 that implies that only two units can be served by a single IWS.
3. When the third phase of the municipal sewer line is installed in Alii Drive, the
Ownerwill be obligated to connect the wastewater from the building to the new line
and the non compliance situation will be avoided. The County and the
Kamehameha Investment Corporation have plan in place and it is their intent to
install extension within the next five years.
4. The granting of the variance is in the public interest in as much as the public will
not be affected in anyway. No pollution limits are exceeded based on minimum
land size or total number of bedrooms allowed for one individual wastewater
system.
5. The purpose of the change in the structure was to create a handicap complying
apartment to accommodate the failing health of the applicant's wife.
6. Currently the owner's wife is enduring serious hardship when using the stairs to the
second floor apartment, as opposed to the use of the first floor unit. However,
there is no equal or greater benefit to the public.
7. The variance has been requested for the maximum of five (5) years.
A letter from the Department of Health's Wastewater Branch date April 14, 2005 and plot
plans were attached to the variance application 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 ch
Department of Health Appfl't~ion No. WW a(0
Environmental Management Division Docket No. - VWW -
APPLICATION FOR VARIANCE -Effective December 9, 2004
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues)
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'/~" x 11" format (for copying purposes).
1. GENERAL INFORMATION (please print or type):
A. Name: Stephen C. Holmes Trust
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: 78-6701 Alii Drive
Kailua-Kona Hawaii 96740
(City) (Island) (Zip code)
Brief Description of Variance: Chapter 11-62-31.1(a) (1) (D) & (b) (1) imply that only
2 dwelling units can be served by an IWS system. This building has 3 dwellings connected.
Plant or Equipment Location: Tax Map Key (3 7 - 8 - 014 : 041
Divisions: 1=Oahu 2=Maui 3=13ig Island 4=Kauai (Division) Zone - Sec - Plat Parcel
78-6701 Alii Drive
(Number) (Street)
Kailua-Kona HI 96740
(City) (Island) (Zip code)
B. Individual authorized to act for applicant:
Name: Stephen J. Herbert P.E. Title: Consultant
Address: 74-5606 Pawai PI #203
Kailua-Kona HI 96740
(City) (Island) (Zip code)
Phone No.: 808-329-5272 Fax No.: 808-331-2744
Email Address: sherbertCeDhawaii.rr.com
C. Identify the specific section of Chapter 11-62 which the variance is requested. If
additional space is required, please include information on a separate attachment and
label "Attachment I". (Chapter 11-62 maybe viewed at www.hawaii.gov/doh/ select Rules
& Regulations, DOH Administrative Rules Title 11,HAR, Wastewater Branch, 62)
Chapter 11-62-31.1(a) (1) (D) & (b) (1)
II. SPECIFIC INFORMATION:
A. Describe in detail the present and/or proposed equipment and/or discharge and the present
and/or proposed operating conditions of the facility in relation to the requested variance (if
additional space is required, include the information on a separate attachment and label
"Attachment A-1
SEE ATTACHMENT A-1
B. Describe how these present or proposed conditions fail to conform with the environmental
rules of the State (if additional space is required, include the information on a separate
attachment and label "Attachment B-1").
SEE ATTACHMENT B-1
C. Describe in detail why the present or proposed equipment and/or operating conditions
cannot be altered to bring such facility into compliance with the environmental rules of the
State within a reasonable amount of time (if additional space is required, please include the
information on a separate attachment and label "Attachment C-1").
SEE ATTACHMENT C-1
D. As a separate attachment ("Attachment D-1, D-2 and D-3" supply supporting information
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).
SEE ATTACHMENT D-1
(2) The granting of the variance will not substantially endanger human health or
safety.
SEE ATTACHMENT D-2
(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.
SEE ATTACHMENT D-3
Page 2 of 3
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 (if
additional space is required, please include the information on a separate attachment and
label ("Attachment E-1").
FIVE YEARS
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label "Attachment F-1").
See copies of attached plan sheets CS, C-1, A-l, A-2 & A-3, and copy of "Approved for
Use" letter issued by the State of Hawaii, Department of Health, Wastewater Branch
III. CERTIFICATION:
I, Stephen C. Holmes Trustee
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to
the best of my knowledge and belief. ~p
Signature:
Date: e~i
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: MA`s 2 5 pp~~
V. Application No.: w w 2I V
VI. Docket No.: o ( iv V
KM J
VII. Received by: V~ ~ KM
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VIII. Filing Fee ($300.00) check date: 05-22- L0Q (0 Check # `T (5O
IX. Department of Health Receipt (~)Ib -5J
X. Decision on Application (including date):
Xl. Date of Public Hearing:
LIST OF ATTACHMENTS TO
STEPHEN HOLMES VARIANCE REQUEST
1. ATTACHMENT A-1, B-1, C-1 - Present Conditions
2. ATTACHMENT D-1, D-2, D-3 - Public Interest Items
3. ATTACHMENT E-1 - Dept of Health letter of 4/14/05
4. ATTACHMENT F-1 - Plans of subject property (5 sheets)
ATTACHMENTS A-1, B-1 AND C-1
TO STEPHEN HOLMES VARIANCE REQUEST
ATTACHMENT A-1
Describe in detail the present operating conditions of the facility in relation to
the requested variance.
Following his wife's illness and inability to use stairs, the Owner elected to
convert the ground floor storage area into an efficiency apartment that met
handicap standards. This conversion created a third dwelling in the building that
is served by a single individual wastewater system. The total number of
bedrooms in the building is five so the total flow is within Chapter 11-62-31 limits
ATTACHMENT B-1
Describe how these present... conditions fail to conform with the environmental
rules of the State.
The three dwelling units that flow into one IWS does not appear to conform with
Chapter 11-62-31.1 that implies that only two units can be served by a single
IWS.
ATTACHMENT C-1
Describe in detail why the present ....condition cannot be altered to bring such
facility into compliance with the environmental rules of the State within a
reasonable amount of time.
When the third phase of the municipal sewer line is installed in AN Drive, the
Owner will be obligated to connect the wastewater from the building to the new
line and the non compliance situation will be avoided. The County and the
Kamehameha Investment Corporation have plan in place and it is their intent to
install this extension within the next five years.
ATTACHMENTS D-1, D-2 AND D-3
TO STEPHEN HOLMES TRUST VARIANCE REQUEST
ATTACHMENT D-1
The granting of the variance is in the public interest as defined in the Hawaii
Revised Statutes, Section 342.D-60.
The granting of the variance is in the pubic interest in as much as the public will
not be effected in anyway. No pollution limits are exceeded based on minimum
land size or total number of bedrooms allowed for one individual wastewater
system.
ATTACHMENT D-2
The granting of the variance will not substantially endanger human health or
safety.
The purpose of the change in the structure was to create a handicap complying
apartment to accommodate the failing health of the applicant's wife.
ATTACHMENT D-3
Compliance with the rules and standards from which the variance is sought
would produce serious hardship without equal or greater benefits to the public.
Currently the owner's wife is enduring serious hardship when using the stairs to
the second floor apartment, as opposed to the use of the first floor unit. However
there is no equal or greater benefit to the public.
'ti D ~ XA4
A ~ iiy 7
LINDA LINGLE 1 CHIYOME LEINAALA FUKINO, M.D.
covu+ wD H Wm DwemDH DS HMu
STATE OF HAWAII
DEPARTMENT OF HEALTH In,epp,pea MWa
P.O. Box 3378 Fla
HONOLULU, HAWAH 96801 3378
April 14, 21005
Mr. Stephen J. Herbert, P.E.
74-5606 Pawai Place, #203
Kailua-Kona, Hawaii 96740
Dear Mr. Herbert:
Subject: Individual Wastewater System (IWS) Plans for:
STEVEN HOLMES
Project Site: 78-6701 ALII DRIVE K-K, Hawaii
TMK: (3) 7-8-14: 041
IWS File No.: 5371
We have received your Certification of Construction and As Built Plans for the above IWS. Information
submitted to us indicates that the installed IWS meets applicable provisions of Hawaii Administrative
Rules, Title 11, Chapter 62, entitled "Wastewater Systems."
As the professional engineer responsible for the Certification of Construction, please inform your client
that the above IWS is approved for use. We strongly recommend that you discuss the necessary operation
and maintenance of the individual wastewater system with your client. Emphasis should be placed on
periodic inspections for scum and sludge accumulation as well as informing them not to dispose of
materials that could affect the operation of the wastewater system.
As the professional engineer, you are also responsible for seeing that your client receives a copy of this
Approval for Use letter. The owner will be required to give a copy of this letter to the County Building
Inspector as a prerequisite to receiving final approval on the dwelling.
Should you have any questions, please feel free to contact Mr. Dane Hiromasa at 322-1507.
Sincerely, C
HAROLD K. YEE, P.E.
Chief, Wastewater Branch
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Transmittal Date: jutrillL Qt ? Suspense Date:
Wastewater Branch Variance Application Docket No. _Q_U -VWW-Lj_ APP a WW
Name/Title: atom vw
Subject: Cover Letter, Public Notice and Variance Application
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConriel, Deputy Bill Cooper
Clean Water Branch - Denis Lau I
Environmental Planning Office - Kelvin Sunada 4
Safe Drinking Water Branch - ' mz a ,
Sanitation Branch - Commercial Properties O 1
Wastewater Branch Neighbor Island Staff
Kona -Dane Hiromasa (TMKs 5, 6, 7, 9, 9)
[ Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
I I Kauai -
[ ] Maui - Roland Tejano
Water Departments
[ ] Board of Water Supply - Clifford Lun,
t>q County of Hawaii Dept of Water Supply - Milton Pavao f
[ J 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
[ ~C] District Health Office - Hilo - Aaron Ueno, Chief Sanitarian o
City 8r Count of Honolulu, Department of Planning 8r Permitting
County of L:AV ' Council .
Oahu Neighborhood Board
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8r Variance Application, please check one box:
[ I Recommend to GRANT this variance application.
[ ] Have no objection to the GRANTING of this variance application.
[ ] Recommend to DENY this variance application.
[ ] See attached comments.
Reviewed by Contact Phone Fax u
Please return this ROUTE SLIP. You may add a separate sheet of comments to this.
Return this to: Mr, Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by W WB 2006 variance route slip - cover letter.doc as of 02/01/2006 vww