HomeMy WebLinkAboutCOM 0997.000 2004-2006
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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 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
WW 215 FINAL DEC CL
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July 10, 2006
CERTIFIED MAIL NO. 7002 3150 0001 6551 1054
RETURN RECEIPT REQUESTED
Mr. Theodore Baldau
RT Engineers, Inc.
P.O. Box 390628
Kailua-Kona, Hawaii 96739
Dear Mr. Baldau:
Subject: Variance Application No. WW 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
Potato Chip Bakery at Manago Hotel, Inc.
82-6151 Mamalahoa Highway, Captain Cook, Hawaii
TMK: (3) 8-2-015: 019
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on July 10, 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 our direct toll-free
number 974-4000, ext. 64294 or fax (808)586-4300.
Sincerely,, q
1
TH AS E. ARIi-dMI, P.E., CHIEF
u2 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
Hawaii County Council Comm. No. 9Q
l
Rif: To,
Not. Date Jilt 18 200
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-04
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 )
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:
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. If seepage pits are used for effluent disposal, then 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.
Manago Hotel Variance Application WW 215, Docket No. 06-VWW-04, Decision & Order, Page 1
r
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, July 10. 2006
FQq Thomas V. Arizumi,~8E., Chief
Environmental Management Division
Manago Hotel Variance Application WW 215, Docket No. 06-VW W-04, Decision & Order, Page 2
4-
STATE OF
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-04
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 )
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.
1. 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.
2. 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:
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. Hawaii Administrative Rules, Title 11, Chapter 23 Underground
Injection Control, remains 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:
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.
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:
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. 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, July 10, 2006
F.f Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Manago Hotel Variance Application WW 215, Docket No. 06-V W W-04, Findings of Fact and Conclusions of Law, Page 5
Transmittal Date: i no
Wastewater Branch Variance Application Docket No. - VWW - APP u WW 2j_
Name/Title: Marla 0
Subject: Final Signed Dec1 ion Cover Letter, Signed Decision & 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 E. Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau
Environmental Plannin Office -Kelvin Sunada
Safe Prinking Water Branch - G(
Sanitation Branch- Commercial Properti my
Wastewater Branch Neighbor Island Staff
]1G] Kona - Dane 14iromasa (TMKs 9, 6, 7, 8, 9)
[ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] Kauai -
[ ] Maui - Roland Tejano
Water Departments
[ ] Board of Water Supply - Clifford Lum
[>Q 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
[~G] District Health Office - Hilo - Aaron Ueno, Chief Sanitarian
City & County of Honolulu, Department of Planning & Permitting
County of UyU I I Council
Oahu Nei hborhood Board #
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 a lication rocess.
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moarta Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (909)!396-4294 fax (509) !;96-4300
2006 variance route slip - final decision.doc as of 02/01/2006 vww