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Home My WebLink AboutCOM 1052.000 2004-2006 LINDA L INGLE CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH ovw'i STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to HONOLULU. HAWAII 96801-3378 File: WIN 218 Draft Dec CL C:\my d wb60797 August 11, 2006 rv Mr. Stephen J. Herbert Stephen J. Herbert PE Inc. C° 74-5606 Pawai Place 203 Kailua-Kona, Hawaii 96740-1660 ZD 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 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 (808)586-4300 no later than the close of business on Friday, September 1, 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, 9 THOMAS E. k1 lZUMI, PEE., IEF Environmental Managem (vision 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 \,>Kawaii County Council rl Mr. Stephen C. Holmes Comm, NO. J Ref. To: r Ref. Uate A~ Q 2006 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-07 Variance Application No. WW 218 ) for Individual Wastewater System ) The Continued Use of an Individual ) Wastewater System Connected to a ) DRAFT SIGNATURE NOT REQUIRED Building with Three (3) Dwellings for ) Stephen C. Holmes Trust ) 78-6701 Alii Drive, Kailua-Kona, HI ) TMK: (3) 7-8-014: 041 ) 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 11-62-31.1(a)(1)(D) & (b)(1(2)(C) is hereby GRANTED for five (5) years with the following provisions: 1. Revised plans for the 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 soil absorption bed area shall be increased in size by a minimum of 70 square feet to accommodate the fifth bedroom. 3. The existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 4. 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 ) Docket No. 06-VWW-07 Variance Application No. WW 218 ) for Individual Wastewater System ) The Continued Use of an Individual ) Wastewater System Connected to a ) DRAFT SIGNATURE NOT REQUIRED Building with Three (3) Dwellings for ) Stephen C. Holmes Trust ) 78-6701 Alii Drive, Kailua-Kona, HI ) TMK: (3) 7-8-014: 041 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Mr. Stephen C. Holmes (owner) of 78-6701 Alii Drive, Kailua-Kona, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(D) & (b)(1)(2)(C) was reviewed by the Department of Health staff, and a public notice of the application was printed in the June 21, 2006 issue of the Honolulu Star Bulletin and the June 21, 2006 issue of the West Hawaii Today publication. 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. Stephen J. Herbert, has applied for a five-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(a) (1) (D) & (b)(I) (2)(C) which states that only two (2) dwelling units can be served by a single individual wastewater system (IW S). 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 statements. 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 Stephen C. Holmes Trust, Variance Application WW 218, Docket No. 06-VWW-07 Findings of Fact and Conclusions of Law, Page 1 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 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. 3. When the third phase of the municipal sewer line is installed in AM 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 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. 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: We have reviewed the variance application and have the following comments: 1. The disposal component of the Individual Wastewater System should be disclosed; and 2. We have no objection to granting the variance. However, the facility must tie-in when the County sewer line becomes available. Please contact Jamie Rimando at telephone (808)586-4258 if you have any questions. 4. The Wastewater Branch recommends the granting of this variance application with the following conditions: Stephen C. Holmes Trust, Variance Application WW 218, Docket No. 06-V W W-07 Findings of Fact and Conclusions of Law, Page 2 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. Each septic tank shall be fitted with an effluent filter(s). C. The existing septic system was designed and built for two dwelling units with a total of four (4) bedrooms. The soil absorption bed disposal system is undersized as the fifth bedroom is being added. Therefore, the disposal system size needs to be increased by a minimum of 70 square feet of absorption area. D. 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. 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. Revised plans for the 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 soil absorption bed area shall be increased in size by a minimum of 70 square feet to accommodate the fifth bedroom. Stephen C. Holmes Trust, Variance Application WW 218, Docket No. 06-VWW-07 Findings of Fact and Conclusions of Law, Page 3 3. Any existing cesspool shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 4. 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. Stephen C. Holmes Trust, Variance Application WW 216, Docket No. 06-V W W-07 Findings of Fact and Conclusions of Law, Page 4 Transmittal Date: '1 l t C Suspense Date: -C7 - Wastewater Branch Variance Application Docket No. VW - APP u WW ) S t' - Name/Title: C, (7l6 Subject: Draft Denis on Letter with Decision &r Order and Findings of Fact &r Conclusions of Law ROUTE TO: Director of Health - Chiyome 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 c Environmental Planning Office - Kelvin Sunada Safe Drinking Water Branch - Sanitation Branch - Commercial Properties 1 Wastewater Branch Neighbor Island Staff [yQ Kona - Dane Hiromasa (TMKs 5, 6, 7, 6, 9) I 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) I 1 Kauai - [ ] Maui - Roland Tejano Water Departments [ ] Board of Water Supply - Clifford Lum 1>4 County of Hawaii Dept of Water Supply - Milton Pavao r [ ] County of Maui Dept of Water Supply - George Y. Tengan [ I Kauai County Department of Water - Edward Tschupp [ ] District Health Office - Maui - Herbert Matsubagashi, Chief Sanitarian [ j District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian City fix County of Honolulu, Department of Planning & Permitting County of ( Council Oahu Neighborhood Board 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 &r Order will be forthcoming. If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96614-4920 phone (606) 566-4294 fax (909)!3.56-4300. Received by WWB / / 2006 variance route slip - draft decision.doc as of 02/01/2006 vww z