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HomeMy WebLinkAboutCOM 1024.000 2004-2006 LINDA LINGLE t t ± CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII I^,r DIRECTOR OF HEALTH ff~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 337E In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 217 Draft Dee CL C:\rny d wb60640 July 28, 2006 Mr. Anson Maruyama, P.E. Community Planning & Engineering, Inc. C r^, 1100 Alakea Street, 61n Floor Honolulu, Hawaii 96813 n~ Dear Mr. Maruyama: T Subject: Variance Application No. WW 217 Docket No. 06-VWW-06 Installation of Cesspools on 459 Residential Lots at Lalamilo Residential Subdivision, Phase 2, Waimea, South Kohala, Hawaii TMK: (3) 6-6-001: 077 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 phone 974-4000 ext. 64294, fax number (808)586- 4300 no later than the close of business on Friday, Aug. 18, 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,,PR. HIEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Kona Branch Department of Water Supply - County of Hawaii District Health Office - Hilo Comm, No. r~ L V-Kawaii County Council Ref. To: Mr. Leon A. Thevenin Rel. Uate 200 C:\My Documents\WW 217 Draft D&O - lalamilo subdivision.wpd wb60641 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-06 Variance Application No. WW 217 ) for Individual Wastewater System ) 1 Installation of Cesspools on 459 Residential ) DRAFT - SIGNATURE NOT REQUIRED Lots ) Lalamilo Residential Subdivision, Phase 2 ) Waimea, South Kohala, Hawaii ) TMK: (3) 6-6-001: 077 ) DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 52 of Title 11, Administrative Rules and based upon the application and staff review, the Variance Request from the provisions of Chapter 11-62, Section 11-62-05, 11-62-06 and 11-62-31.1(a)(1)(B) are as follows: 1. Section 11-62-05 is denied. 2. Section 11-62-06 is denied. 3. Section 11-62-31.1(a)(1)(B) is hereby GRANTED for five (5) years with the following provisions: A. The type of wastewater system to be used shall conform to the provisions of Hawaii Administrative Rule, Chapter 11-62 in effect at the time of building permit application. At this time, the minimum acceptable system is an individual wastewater system (IWS) consisting of a septic tank and effluent disposal system that meets the requirements of HAR, Chapter 11-62. B. The development shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NOT required. Thomas E. Arizumui, P.E. Chief, Environmental Management Division C:\My Documents\WW 217 Draft FF - lalamilo subdivision.wpd wb60642 STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-06 Variance Application No. WW 217 ) for Individual Wastewater System ) Installation of Cesspools on 459 ) Residential Lots ) DRAFT - SIGNATURE NOT REQUIRED Lalamilo Residential Subdivision Phase 2 ) Waimea, South Kohala, Hawaii ) TMK: (3) 6-6-001: 077 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Department of Hawaiian Home Lands, State of Hawaii, P.O. Box 1879, Honolulu, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-05, 11-62-06 and 11-62-31.1(a)(1)(B) was reviewed by the Department of Health staff, and a public notice of the application was printed in the May 12, 2006 issue of the Honolulu Star Bulletin and the May 12, 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. Anson Murayama, P.E., Chief Executive Officer of the Community Planning & Engineering, Inc. of Honolulu, Hawaii has applied for a five-year variance from the Hawaii Administrative Rules (HAR), Sections 11-62-05 Critical Wastewater Disposal Areas, 11-62-06 General Requirements and 11-62-31.1(a)(1)(B) General requirements for individual wastewater systems, which state that individual wastewater systems may be used as a temporary on-site means of wastewater disposal in lieu of wastewater treatment works under the following conditions: Developments involving dwellings; Total development of an area shall not exceed fifty single family residential lots or exceed fifty dwelling units, Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VW W-06, Findings of Fact and Conclusions of Law, Page 1 The applicant is requesting to install cesspools on 459 residential lots with minimum area of 10,000 square feet at the Lalamilo Residential Subdivision Phase 2 in Waimea, South Kohala, Hawaii, TMK: (3) 6-6-001: 077. The applicant has made the following comments. 1. The State of Hawaii, Department of Hawaiian Home Lands (DHHL), proposes to develop a subdivision of Hawaiian homestead lands in Lalamilo, Waimea, South Kohala, Island of Hawaii. 2. The project, Lalamilo Housing Subdivision, Phase 2, is located on the south side of the Kawaihae Road approximately 8 miles east of the town of Kawaihae. The Lalamilo Housing Subdivision, Phase 1 (Tax Map Keys: 6-6-001: 054 and 6-6-004: 012 - 017) consisting of 37 house lots are located in contiguous properties but are separated by approximately 100 feet by Keanuiomano Stream which runs between the properties. The Phase 1 subdivision is currently under construction. The east property line borders the South Kohala Distribution Road. The development is situated just outside of Waimea Town and approximately 56 miles from Hilo. 3. Approximately 232 acres of DHHL lands will be subdivided for 459 residential lots with minimum of 10,000 square feet lots, a park site and roadways. 4. Waimea Town has no municipal wastewater collection and treatment systems. All of Waimea, including the project vicinity is on individual wastewater systems (IWS) consisting of cesspools or septic tank leachfield systems with the exception of the Parker Ranch 2020 expansion area. Parker Ranch owns and operates the only wastewater treatment plant located several miles south of Waimea Town and makai of Mamalahoa Highway. 5. The project is located in Critical Wastewater Disposal Area (CWDA), Unit 3, with 5-acre exception as shown in Appendix E of HAR, Chapter 11-62. 6. The variance is being requested to allow the use of cesspools for the lots in a development of greater than 50 lots and less than 5 acres in size. The subdivided lots will be conveyed as residential lots to eligible native Hawaiians for one dollar ($1.00) per year. Other improvements include paved roadways, drainage, potable water, underground communications systems, above ground electric and lighting systems, park and road connections to South Kohala Distribution Road and Alaneo Place. The homesteader will be responsible for developing their individual lot dwellings and individual waste disposal systems. Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06, Findings of Fad and Conclusions of Law, Page 2 7. The surrounding area is surrounded by low-density rural residential properties on the north and ranch land on the south. 8. According to the U.S. Department of Agriculture, Soil Conservation Service Survey, the ground underlying the site is classified as "Waimea very fine sandy loam, 6 to 12 percent slopes (WMC)." The soil is characterized as "..dark-brown and very dark-brown very fine sandy loam and loam. The subsoil is dark-brown silt loam about 25 inches thick. It is underlain by weathering, hard basalt bedrock at a depth of about 42 inches." 9. The depth of underlying groundwater, based on the results of the USGS test Well (No. 6141-01) would be 900 to 1,200 feet. Consequently, the impact on ground water would not be significant as further nutrient removal in the several years of downward travel through the unsaturated zone would occur. 10. The variance has been requested for the maximum of five (5) years. Several other detailed attachments and plot maps (which can not be shown here) were included in this application. 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. The following agencies and private citizen submitted the following comments: 1. The Safe Drinking Water Branch submitted the following comments: The proposed subdivision is located above the Underground Injection Control (UIC) line. Groundwater underlying areas above the UIC line is considered to be of drinking water quality. UIC regulations protect drinking water resources from subsurface wastewater disposal contamination. Discharging untreated domestic wastewater into 459 new cesspools in this area conflicts with the UIC program's purpose. We recommend to deny the variance until a viable wastewater treatment alternative is designed. For example, having the advantage of a new, large-lots subdivision, septic-systems using leachfields would seem viable. 2. The Wastewater Branch submitted the following comments. A. The subdivision consists of 50 lots/dwelling units or more. The use of individual wastewater systems is not allowed under the provisions of Hawaii Administrative Rules, Chapter11-62. Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VW W-06, Findings of Fact and Conclusions of Law, Page 3 B. The property is located in the critical wastewater disposal with five (5) acre lot exception area as determined by the Hawaii County Wastewater Advisory Committee. No new cesspools will be allowed in the subject area unless there is five (5) acres or more of lot area. C. The Wastewater Branch recommends denial of the subject variance application. 3. Mr. Leon A. Thevenin of Kamuela, Hawaii submitted two (2) letters stating his concern to the granting of this variance. In part his statement reads: 5-12-06 Chiyome L. Fuino, MD, Director of Health Variance Application WW 217, Docket No. 06-VWW-06 I violently oppose granting the application to allow 459 cesspools on the Hawaiian Home Lots. It is unbelievable that one would suggest this, since the Lalamilo Wells, a source of domestic water are located makai. In the absence of a municipal sewer, the Hawaiian Homes should install their own treatment plant. A second alternative would be septic tanks where drain fields would be a distant remote chance of contaminating ground water. In 1923 we lived in Kaimuki. The water Department decreased contamination of well water in Moiliili. Walter Meeks the County installed a sewer and all cesspools were closed. The government should be alert to these consequences. It is not true that history repeats itself? Current rules outlawing cesspools in South Kohala were well researched before enactment. Please make every effort to help him in place for the good of future generations. In would be a disaster of the First Magnitude when contamination ruins the Resort Industry domestic water here. The applicant may even claim buying bottled water is an option. My Hawaiian Grandmother, born here in 1857 would say "Hoopai Lua" translated means "the fragrance of a malfunctioning outhouse." Leon A. Thevenin Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06, Findings of Fact and Conclusions of Law, Page 4 Graduate Chemical Engineering UofH 1937 5-25-06 Harold K Yee PE Chief, Wastewater Branch Variance Application WW 217, Docket No. 06-VWW-06 Thank you for responding to my opposition to the variance. I have appealed to Oz Stender TTEE of OHA (loaded with care(?)) to help fellow Hawaiian install a treatment plant or septic tanks. I am part Hawaiian, haole member. Proponents who are optimistic think the earth will intervene, negating the pollution before it hit basal water. The earth's crust is not enforced M. There are imperfections, even lava tubes no one is aware of. In Puako some cesspools have had no treatment over 50 years, while others have had to have honey wagons 2-3 times/year over $400 each. The lucky ones hit lava tubes. But the bad news, those have contaminated pristine shore line" water. Our M are blind to recognize or phase out a _M solution. Even ciguatera toxin in fish is nourished by rampant algae, a host. We cannot play Russian roulette with the future. Leon A. Thevenin, UH Engineer UofH 1937 . staph loaded 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. Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06, Findings of Fad and Conclusions of Law, Page 5 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, at this writing, it is concluded that the above requirements have not been met. Comment and Recommendation Based upon the foregoing findings of fact and conclusions of law, it is my recommendation that the variance determinations are as follows: 1. A variance from Section 11-62-05 is denied. 2. A variance from Section 11-62-06 is denied. 3. A variance from Section 11-62-31.1(a)(1)(B) is hereby GRANTED for five (5) years with the following provisions: A. The type of wastewater system to be used shall conform to the provisions of Hawaii Administrative Rule, Chapter 11-62 in effect at the time of building permit application. At this time, the minimum acceptable system is an individual wastewater system (IWS) consisting of a septic tank and effluent disposal system that meets the requirements of HAR, Chapter 11-62. B. The development 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. Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06, Findings of Fact and Conclusions of Law, Page 6 Transmittal Date: FT Suspense Date: Q)--O (0 Wastewater Branch Variance Application Docket No. 0V - VWW - 0(0 APP o WW 21 Name/Title: l-Gl (L rni 0 S gajvi Un Subject: Draft Decision Letter with Decision &r Order and Findings of Fact 8r Conclusions of Law ROUTE TO: Director of Health - Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, EMD - Thomas E. Arizurni Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper Clean Water Branch - Denis Lau Environmental Planning Office - Kelvin Sunada Safe Drinking Water Branch - Sanitation Branch - Commercial Properties Only Wastewater Branch Neighbor Island Staff Kona -Pane Iliromasa (TMKs 5, 6, 7,.5,9) + [ 1 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 + [ ] County of Maui Dept of Water Supply - George Y. Tengan [ ] Kauai County Department of Water - Edward Tschupp [ j 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 8r County of Honolulu, Department of Planning gr Permitting County of - ( 1 Council > Oahu Neighborhood Board n) v. uo,-) -Tiruve.n ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision &r Order, please submit them in writing on a separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard The SIGNED FINAL Decision & Order will be forthcoming. If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 968'14-4920 phone (808) 586-4294 fax (909)!366-4300. Received by W WB 2006 variance route slip - draft decision.doc as of 02/01/2006 vww