HomeMy WebLinkAboutCOM 1060.000 2004-2006
60PM~~
LINDA LINGLE ! CHWOME LEINAALA FUIONO, M.D.
GOVERNOR OF HAWAII,` ! DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
Q:\Staff\Lkajiwara\Final\
WW 217 FINAL DEC CL
. wb 60848
i=August 29, 2006 cn
rn
CERTIFIED MAIL 7002 3150 0001 6551 1078 v
RETURN RECEIPT REQUESTED
Mr. Anson Maruyama, P.E.
Community Planning & Engineering, Inc.
1100 Alakea Street 6' Floor
Honolulu, Hawaii 96813 '
Dear Mr. Maruyama:
Subject: Variance Application No. WW 217 Docket No. 06-VWW-06
To Install Cesspools on 459 Residential Lots
Lalamilo Residential Subdivision, Phase 2
Waimea, South Kohala, Hawaii
TMK: (3) 6-6-001: 077
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was partially GRANTED on August 22, 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
phone number 974-4000, ext. 64294 fax (808)586-4300.
Sincerely, /
yTHOMAS E.`ARIZUIbft;-P.E-G CHIEF
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 w
District Health Office - Hilo Comm. No. /0(00
O.
,Hawaii County Council
Mr. Leon Thevenin Ref. To.
Ref. Date 6 2006
Q:\Staffllkajiwara\Final\WW 217 FINAL D&O - lalamilo subdivision.wpd wb60849
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 )
Installation of Cesspools on 459 Residential )
Lots Lalamilo Residential Subdivison, Phase 2 )
Waimea, South Kohala, Hawaii )
TMK: (3) 6-6-001: 077 )
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 11-62-05, 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
soil absorption system for effluent disposal 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, AUGUST 22, 2006
j-
zz'
Thomas E. Arizumui, P'E._
Chief, Environmental Management Division
Q:\Staff\Ikajiwara\Final\WW 217 FINAL FF - lalamilo subdivision.wpd wb60850
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 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.
Findinos 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 -62-3 1.1 (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-VW W-06,
Findings of Fact 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 (W MC)." 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-VWW-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 use of new
cesspools. Non cesspool on site wastewater systems can be used
in lieu of a centralized wastewater system.
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 discovered
contamination of well water in Moiliili. Within weeks 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.
Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06,
Findings of Fact and Conclusions of Law, Page 4
My Hawaiian Grandmother, born here in 1857 would say "Hoopai Lua"
translated means "the fragrance of a malfunctioning outhouse."
Leon A. Thevenin
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 cash) 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 uniform. 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 officials are blind to
recognize or phase out a obvious 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 phone 882-7969
" 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).
Lalamilo Subdivision Variance Application WW 217, Docket No. 06-VWW-06.
Findings of Fact and Conclusions of Law, Page 5
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, 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 soil absorption system for effluent
disposal 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, AUGUST 22, 2006
f
Thomas E.kizumi, P.E
Chief, Environmental Ma" Bement Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Lalamilo Subdivision Variance Application WW 217, Docket No. 06-V W W-06,
Findings of Fact and Conclusions of Law, Page 6
Transmittal Date: ARKM 301
Wastewater Branch Variance Application Docket No. - VWW - Q(-o APP u WW f
Name/Title: I o S aa , V]`~l Can
Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & 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 McCornnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau • a , .
Environmental Planning Office - Kelvin Sunada < <
Safe Drinking Water Branch -
Sanitation Branch - Commercial Properties Only
Wastewater Branch Neighbor Island Staff
[ Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[N
[ ] Kauai -
[ [ Maui - Roland Tejano
Water Departments
[ ] Board of Water Supply - Clifford Lum
ounty 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
b<rDistrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian
Cit & Count of Honolulu, Department of Planning gr Permitting
County of Council
Oahu Neighborhood Board
Ir. U-00 IkV-V'QIl
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 application process.
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd, Room 309
Honolulu, Hawaii 96$14-4920
phone (808) 586-4294 fax (909) !396-4300
2006 variance route slip - final decision.doc as of 0210112006 vww