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Home My WebLink AboutCOM 1061.000 2004-2006 LINDA LINGLE CHIYOME LEINAALA F1.1i M.D. tE. GOVERNOR OF HAWAII ~I DIRECTOR OF HEALTH s fE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: Q:\staffllkajiwara\final WW 227 PIN CL B Wb60830 B August 30, 2006 1- Mr. Peter J.K. Dahlberg cn Civil Engineer 77-6238 C Mamalahola Highway Holualoa, Hawaii 96725 Dear Mr. Dahlberg: Subject: Variance Application No. WW 227 Docket No. 06-VWW-16 , The Blue Dolphin Bar & Restaurant, (Owner: Touching the Earth, LLC) Use of Individual Wastewater Systems on lot less than 10,000 sf 61-3616 Kawaihae Road, Kawaihae, Hawaii TMK: (3) 6-1-002: 064 3,597 square feet The Department has reviewed your revisions of the public notice for your application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required. Enclosed is a copy of the required revised public notice. As stated in the earlier correspondence, if the public notice is satisfactory, the public notice is required to be published in the Honolulu Star-Bulletin and West Hawaii Today one (1) time oniv. Once published, you must submit the original certified affidavits of the publication from both newspaper agencies to the Wastewater Branch within fifteen (15) days after the publication date. You may make a copy for your records. If you have any questions regarding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, THOMAS E. ARIZUMI, P.E, CJ EF Environmental Management Division Enclosures: Revised Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch (061 Wastewater Branch - Kona Staff Engineer Comm. PIO. Department of Water Supply - County of Hawaii Ref. To: Ah~ gqistrict Health Office - Hilo RA Dote SEP 0 L 2006 yfiawaii County Council Mr. Bennett Dorrance, Jr. WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. W W 227 DOCKET NO. 06-VWW-16 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Bennett Dorrance Jr. of Touching the Earth, LLC, Hawi, Hawaii, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Sections 11-62-03 Definitions which states "Individual wastewater system means a facility which is designed to receive and dispose of no more than 1000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal system and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system.", Section 11-62-31.1(a)(2)(A) which states "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under the buildings." and Section 11-62-31.1(a)(2)(D) which states "The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day." Mr. Peter Dahlberg, Civil Engineer of Holualoa, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the use of a individual wastewater system on a property of 3,597 square feet, with estimated flow of 1,400 gallons per day at The Blue Dolphin Bar & Restaurant (Owners: Touching the Earth, LLC), an existing bar/restaurant at 61-3616 Kawaiahe Road, Kawaiahae, Hawaii TMK: (3) 9-1-002: 064. The applicant has made the following comments. 1. The area of the lot is 3,597 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area. 2. The septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1,400 gallons per day. 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 20+ years in this location using the existing cesspool. The installation of a wastewater treatment plant in lieu of a septic system will not be possible due to space restrictions 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. The existing LCC will be upgraded to an IWS (aerobic system). The IWS (aerobic system) 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. 8. 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 aerobic tank will provide pretreatment and sludge removal prior to effluent disposal. 9. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 10. The variance is requested for the maximum of five (5) years. If you would like to review the submitted 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. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate thirty- day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. CHIYOME LEINAALA FUKINO, M.D. Director of Health Transmittal Date: a (lG 75T P, Q S nse Date: Wastewater Branch V e Application Docket No. 0 -VWW- ko~ APP # Name/Title: l~ Subject: Cover Lette , lic Notice and Variance Application ROUTS TO: Director of Health - Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, EMU - Thomas & Arizumi Attorne 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 - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel Kona - Dane Hiromasa (TMKs 5, 6,7,9,9) [ J Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ] Kauai - [ ] Maui - Roland Tejano [ ] Oahu - Johnny On Water Departments [ j Board of Water Supply - Clifford Lum [->4 County of Hawaii Dept of Water Supply - Milton Pavao [ J County of Maui Dept of Water Supply - George Y. Tengan [ ] Kauai County Department of Water - Edward Tschu [ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [~Q District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City & Count of Honolulu, Department of Planning & Permitting County of CL [ Council Oahu Neighborhood Board a v1l'. U)[ 'H- ACTION RSQUSSTSD: Regarding the Cover Letter, Public Notice & Variance Application, please check one box: [ ] Recommend to GRANT this variance application. [ [Have no objection to the GRANTING of this variance application. [ ] Recommend to DENY this variance application. [ ] See attached comments, Reviewed by Contact Phone # Fax Please return this ROUTS SLIP. You may add a separate sheet of comments to this, Return this to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96$14-4920 phone (SOS) 586-4294 fax (SOS) 586-4300. Received by W WE 2006 variance route slip - cover letter revised PN.doc as of 06/iS/2006 vww