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HomeMy WebLinkAboutCOM 0824.005 2004-2006DONALDIKEDA Councilmember )une 26, 2006 10 W"V UM COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupunt Street Hilo, Hawaii 96720 PHONE: 961-8261 FAX: 961-8912 r'.. ZTi c ro "ry. cn RE: Res. 317-06 Comm. 824 Stacy K. Higa, Council Chairman and Members of the Hawaii County Council Donald Ikeda, Councilmember /&J Presentation on Hilo Bayfront At the meeting of May 16, 2006, I provided the Committee members with a CD video slide presentation of Hilo Bayfront, in order to assist them in their consideration of Resolution 317-06, which was on the agenda that day. Attached is a copy of said presentation on a Compact Disk, entitled Hilo Bayfront. I respectfully submit this material to be entered into the public record associated with the resolution. I trust this submittal is in order. Thank you for your attention to this matter. Enclosure DI/ja "C1 NO 4.J Comm. No. S Zy •S Ref. 7o:remt Ref. Date LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 HONOLULU, HAWAII 96801-3378 June 15, 2006 CHIYOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH In reply, please refer lo: File: WW 215 Draft Dec CL C:\MYD wb60228 Mr. Theodore Baldau RT Engineers, Inc. P.O. Box 390628 Kailua-Kona, Hawaii 96739 - Dear Mr. Baldau: T•.i Subject: Variance Application No. WIN 215 Docket No. 06-VWW-04 ; Large Capacity Cesspools Serving Hotel, Associated Restaurant;, Laundry Facilities and for a Building used as an Art Gallery and- F� Potato Chip Bakery at Manago Hotel, Inc. 82-6151 Mamalahoa Highway, Captain Cook, Hawaii D TMK: (3) 8-2-015: 019 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 974-4000 ext. 64294, fax (808) 586-4300 no later than the close of business on Friday, July 7, 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.E;�IEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Kona Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo .Aawaii County Council Comm No. T7 Ref. To: Ref. Date _.JUN 15 2006 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 215 for Individual Wastewater System Large Capacity Cesspools Serving Hotel, Associated Restaurant, Laundry Facilities and for Buildings used as an Art Gallery and Potato Chip Bakery at Manago Hotel, Inc. 82-6151 Mamalahoa Highway Captain Cook, Hawaii TMK: (3) 8-2-015: 019 Docket No, 06-VWW-04 DRAFT - SIGNATURE NOT REQUIRED 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 and Section 11-62-31.1(a)(2)(A) is hereby GRANTED for five (5) years with the following provisions: 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, then each septic tank shall be fitted with an effluent filter(s). Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 4. If a soil absorption bed/leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 5. If septic tank effluent is pumped to the disposal system, then the pump system shall be provided with alarms and standby provisions to avoid overflows or spills during a power outage. 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 ) Variance Application No. WW 215 ) for Individual Wastewater System ) Large Capacity Cesspools ) Serving Hotel, Associated ) Restaurant, Laundry Facilities ) and for a Building used as an Art Gallery) and Potato Chip Bakery at ) Manago Hotel, Inc. ) 82-6151 Mamalahoa Highway ) Captain Cook, Hawaii ) TMK: (3) 8-2-015: 019 ) Docket No. 06-VWW-04 DRAFT - SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Manago Hotel, Inc. for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(a)(2)(A) was reviewed by the Department of Health staff, and a public notice of the application was printed in the May 10, 2006 issue of the Honolulu Star Bulletin and the May 5, 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. Theodore Baldau, Vice President of RT Engineers, Inc. of Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the variance because the lot has four (4) buildings on it; two (2) buildings are used as a hotel with an associated restaurant and laundry facility and two (2) buildings are for general commercial use and are currently used as an art gallery and potato chip bakery. Three (3) cesspools serve the entire development. The estimated wastewater flow is 8,000 gpd. The Manago Hotel is located at 82-6151 Mamalahoa Highway, Captain Cook, Hawaii and is identified as TMK: (3) 8-2-015: 019. The total area of the development is 2 acres (87,120 square feet). Manago Hotel Variance Application WW 215, Docket No. 06 -VW W-04, Findings of Fact and Conclusions of Law, Page 1 The applicant has made the following statements. The large capacity septic systems proposed to serve the facility would not comply with HAIR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the systems would be 1500, 2500 and 4000 gallons per day. The area of the lot is 87,120 square feet. The total area under footprint of business is approximately 15,000 square feet given an estimated 8,000 gpd of wastewater flow there is insufficient useable land area to allow 10,000 square feet for each 1000 gallon of expected daily wastewater flow. 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 facility has been in operation for 89 years. Installation of a WWTP in lieu of a septic system would impact the business with costs unable to be supported by the current operation and may force the owner to abandon the business operation. 6. 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. 7. Prevent loss of jobs. The LCC serving my facility has been in operation for 89 years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to close my existing business and lay off my employees. 8. 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. Manago Hotel Variance Application WW 215, Docket No. 06 -VW W-04, Findings of Fact and Conclusions of Law, Page 2 9. 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. 10. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plants. 11. The variance is requested for the maximum of five (5) years. A plot map has been attached to this application for variance but can not be shown here. The following agencies submitted the following comments: 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. Hawaii Administrative Rules, Title 11, Chapter 23 Underground Injection Control, remain applicable to injection -well cesspools that are to be retained as injection -well seepage pits; B. Because the variance is being driven by the Federal ban on large -capacity cesspools, we have no objection to granting the variance; and C. 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, recommend to grant the variance application with the following conditions: A. 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. Manago Hotel Variance Application WW 215, Docket No. 06 -VW W-04, Findings of Fact and Conclusions of Law, Page 3 B. If seepage pits are used for effluent disposal, than each septic tank shall be fitted with an effluent filter(s). C. Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. D. If a soil absorption bed/leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. E. If septic tank effluent is pumped to the disposal system, then the pump system shall be provided with alarms and standby provisions to avoid overflows or spills during a power outage; 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: 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. Manago Hotel Variance Application WW 215, Docket No. 06 -VW W-04, Findings of Fact and Conclusions of Law, Page 4 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: 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. Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 4. If a soil absorption bed/leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Control program. 5. If septic tank effluent is pumped to the disposal system, then the pump system shall be provided with alarms and standby provisions to avoid overflows or spills during a power outage. 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. Manago Hotel Variance Application WW 215, Docket No. 06 -VW W-04, Findings of Fact and Conclusions of Law, Page 5 r Transmittal Date: Suspense Date: r Wastewater Branch Variance Application Docket No. Q - VWW - 0 APP * Wa Is Name/Title: M anoa() z WCG• Subject: Draft Decision L r with Decision 8r Order and Findings of Fact Sr Conclusions of Law ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision 8r Order, please submit them in writing m a separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard. The SIGNED FINAL Decision Pr Order will be forthcoming. If there are comments, send to: Mr, Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) S86-4294 fax (808) 586-4300. Received by W W8 // 2006 variance route slip- draft decision.doc as of 02/01/2006 vww Director of Health - Chi orae Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD - Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel. De ty Bill Cooper Clean Water Branch - Denis Lau Environmental Plannin Office - Kelvin Sunada Safe Drinking Water Branch - A n n rw Sanitation Branch - Commercial Properties Only Wastewater Branch Neighbor Island Staff t><l Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ] Kauai - [ 1 Maui - Roland Tejano Water Departments [ ] Board of Water Supply - Clifford Lum [><I County of Hawaii Dept of Water Supply - Milton Pavao [ ] County of Maui Dept of Water Supply - George Y. Tengan [ j Kauai County Department of Water - Edward Tschupp [ ] District Health Office - Maui - Herbert MatsubayashL Chief Sanitarian [ j District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [District Health Office - Hilo - Aaron Ueno, Chief Sanitarian , City Sr County of Honolulu, Department of Planning 8r Permitting County of 1 Council Oahu Neighborhood Board u ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision 8r Order, please submit them in writing m a separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard. The SIGNED FINAL Decision Pr Order will be forthcoming. If there are comments, send to: Mr, Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) S86-4294 fax (808) 586-4300. Received by W W8 // 2006 variance route slip- draft decision.doc as of 02/01/2006 vww