HomeMy WebLinkAboutCOM 1062.000 2004-2006
B 0 11
y4lP v \95H LINDA LINGLE CHIVOME LEINAALA FUWNO, M.D.
GOVERNOR OF HAWAII I DIRECMR OF HEALTH
&.~¢.tlo.eY~'.c
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
Q:\Staif\Lk\Final\
W W,= PN CL
<.':f1b60846
August 29, 2006 ;7 c
-v
Mr. Ronald Nickel, P.E.
12-7109 Kalaunu Street
Pahoa, Hawaii 96778
J
Dear Mr. Nickel:
Subject: Variance Application No. WW 229 Docket No. 06-VWW-18
The Use of an Individual Wastewater System (IWS) with Flow Greater
Than 1600 GPD at
64-5196 Kinohou Street, Kamuela, Hawaii
TMK: (3) 6-4-006: 002 22,146 square feet
The Department has reviewed 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 public notice. Please read the public notice and contact the
Department of Health Wastewater Branch if any discrepancies or corrections are required. If
the public notice is satisfactory, the public notice is required to be published in the Honolulu
Star-Bulletin and Hawaii Today one (1) time only. Please contact the following agencies for
assistance in the publishing of the public notice (names and emails may have changed - this is
only basic information on file):
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500,
Honolulu, Hawaii 96813 Contact Elizabeth at phone (808) 529-4827,
fax (808) 529-4829, email elzabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 emailllogan@westhawaiitoday.com
Failure to have this notice published within three (3) weeks of receipt of this letter, may result in
a greater delay of the final decision of this application for variance. All publication costs are the
responsibility of the applicant. 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. Please be advised
that, pursuant to Chapter 342D-7, HRS, a public hearing may be required as a result of this
public notice. If so, you will be required to publish a notice of public hearing.
Comm. No. 00Z
Ref. To- ^
Ref. Vote ~ fl ~
Mr. Ronald Nickel
August 29, 2006
Page 2
Please find enclosed a receipt for your variance application for the amount of $300,00. 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. ARIZU ,CHIEF
Environmental Management Division
Enclosures: Receipt No. 13851
Public Notice
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
Di trio Health Office -Hilo
vFTawaii County Council
Applicant - Equilion Enterprises dba Shell Oil Products
Q:\Staff\Lkajiwara\Final\WW 229 PN - shell oil products.wpd wb60847
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 229
DOCKET NO. 06-VWW-18
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. Equilion Enterprises, dba Shell Oil Products of Carson, California, has
applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section
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." and 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."
Mr. Ronald Nickel, Civil Engineer, is the individual authorized to act for the
applicant. The applicant is requesting to use an individual wastewater systems (IWSs)
with a wastewater flow greater than 1600 gpd on a lot with 22,146 square feet. The lot
is located at 64-5196 Kinohou Street, Kamuela, Hawaii, has 19,466 square feet of
useable land and is identified as TMK: (3) 6-4-006: 002. The applicant has made the
following comments.
1. The large capacity 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 1,600 gallons per day.
2. 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.
3. Prevent loss of jobs. The LCC serving my facility has been in operation
for 16 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.
4. The LCC will be upgraded to meet the EPA standard with the addition of a
septic tank and filter.
5. 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.
6. The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
7. The variance is requested for the maximum of five (5) years.
If you would like to review the complete 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
State of Hawaii Wastewater Branch
Department of Health Application No. WW Environmental Management Division Docket No. N- VWW -
APPLICATION FOR VARIANCE - Primarily Concerninq Large Capacity Cesspools
Wastewater Systems
in accordance with Chapter 342 D Hawaii Revised Statues
as of December 9, 2004
Submit two (2) (one original& one copy) and filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8 1/2" x 11" format (for copying purposes).
1. GENERAL INFORMATION (please print or type):
A. Name: EaJIL-10N U7P4T-eQ.PQ..1SE5 62 KAaL (7(L PopL)OCTS
(Corporation, company, agency, firm, etc. seeking variance)( A
Mailing address: Zdg ~ ~ LOt L Ikol ~ f U d •
e A 2SO~ Grit.
(City) (Island) (Zip code)
Nature of Business: Check applicable category. EPA makes the final determination of a Large
Capacity Cesspool (LCC).
[ j Non-Residential LCC
[ x] Retail Business
[ ] Visitor Center
[ ] Church
[ j School
( ] Golf course clubhouse / restroom
[ ] Restaurant / food establishment
[ ] Others, please specify:
[ ] Residential LCC
[ ] Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. ( ) - - 41 ~p®Z
Application for LCC Variance.doc ~ as of December 9, 2004 Page 1 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
6a y-si9ly ,rZIX10,010 6) S T _
(number) (street)
AJAA! ur~--64 h/- 96 7-11&
(City) (Island) (Zipcode)
B. Individual authorized to act for applicant:
L
Name: AVOZ-D /?«!c~`L Title: ?1
Address: eZ - 7'10g A 044 Uiy/] 3 r-
~ bId- A7~r 96.178
(City) (Island) (Zip code) c, pJ
Phone No.: la&-- fts; Sp11 Fax No..: fog - 9/ 6 b l
Email Address: /Ni dof;?n a &Z-h 94ig1l, 12e,-1--
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check
applicable sections:
[)Q Section 11-62-03 Definitions state "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) (1) (A) "For residential developments. There shall be 10,000
square feet of land area for each individual wastewater system."
[ ] Section 11-62-31.1(a)91)(C) "For residential developments. Area of the lot shall not be
less than 10,000 square feet except for lots created and recorded before the effective
date of this rule. For lots less than 10,000 square feet which were created and recorded
before the effective date of this rule, only one individual wastewater system shall be
allowed."
4(rJ Section 11-62-31.1(a)(2)(A) "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."
[ ] Section 11-62-31.1(a)92)(B) "Developments involving buildings other than dwellings.
The total wastewater flow shall not exceed 15.000 gallons per day."
[ ] Section 11-62-31.1(a)(2)(C) "Developments involving buildings other than dwellings.
Area of the lot shall not be less than 10, 000 square feet except for lots created and
recorded before the effective date of this rule. For lots less than 10,000 square feet
Application for LCC Varianoe.doc w as of December 9, 2004 Page 2 of 6
which were created and recorded before the effective date of this rule, only one
individual wastewater system shall be allowed."
[ ]
11. SPECIFIC INFORMATION:
A. Describe in detail the existing and conditions of the facility in relation to the requested variance.
(Example: Requested Variance is for HAR Section 11-62-31.1 (a)(2)(C): The total area of the
subject lot is 8,500 square feet. The lot has 2 buildings on it consisting of a restaurant and a
physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000
_S EC7/ox) 6Z - Me tW-/Vd-7AQ
Cv,4S7JlVAJ r-K2 61400 /S 1640 GPQ
7,,l pAr 4-e77- /5 Z2, /U6 TfXLC- .USEA&6L~
~E?7L?1~C S77a770A-) & N1i~If-rYlst2T
B. Describe how these present or proposed conditions fail to conform with the environmental rules
of the State. Check applicable category and fill-in-the missing information as appropriate.
[ The area of the lot is 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.
[14 The large capacity 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 /G~F1 gallons per
day.
[ ] If not in the choices, please specify.
C. Describe in detail why the present or proposed equipment and/or operating conditions cannot
Application for LCC Variance.doc v as of December 9, 2004 Page 3 of 6
be altered to bring such facility into compliance with the environmental rules of the State within
a reasonable amount of time. Check all applicable reasons.
[ ] 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.
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.
[ ] The facility has been in operation for 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.
[ ] If not in the choices, please specify.
D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1,
D-2 & D-3) to clearly show that:
(1) The granting of the variance is in the public interest as defined in the Hawaii Revised
Statutes, Section 342.D-6(c).
] 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.
[1(~ Prevent loss of jobs. The LCC serving my facility has been in operation for
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.
[R] THE L-(-C- UJILL 69- v P6RADLL> TO
M i';3765-7- - EPA- t>-M,u DA-L 0 w t7t4 'Tr[ C
Dbr7(0A) C t.r 4, SZPr fe -r-Jk JJd, e f-tCTL?2
(2) The granting of the variance will not substantially endanger human health or safety.
[ ] 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.
Application for LCC Variance.doc vww as of December 9, 2004 Page 4 of 6
] 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.
[ ] if not in the choices, please specify.
(3) Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public.
[ ] The residents of the are essentially
economically depressed.
[ ] 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.
[ The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
E. Specify the amount of time requested for the variance and the reasons for such a time period.
Note that the Director cannot issue a variance for a period exceeding five years (if additional
space is required, please include the information on a separate attachment and label
"Attachment E-1"). Check applicable amount of time requested.
5 years [ ] 4 years [ ] 3 years
] 2 years [ ] 1 year
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label "Attachment F-1").
III. CERTIFICATION:
I, ,
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to the
best of my knowledge and belief.
Signature:
Date:
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received:
Application for LCC Variance.doc w as of December 9, 2004 Page 5 of 6
V. Application No..
VI. Docket No.: V ~~'1~ W
VI I. Received by:
VIII. Filing fee ($300.00) check date: ) - `(40 - Check #
IX. Department of Health Receipt # ~a?
X. Decision on Application (including date):
XI. Date of Public Hearing:
Application for LCC Variance.doc v as of December 9, 2004 Page 6 of 6
Suspense Date:
Transmittal Date: ,
Wastewater Branch Variance Application Docket No. 0 -VWW- ) APP WW
Name/Title: 1 1 G
Subject: Cover Letter, Publi Notice and Variance Application
ROUTE TO:
Director of Health - Chi ome Leinaala Fukino
De ty 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 Planning' Office - Kelvin Sunada
Safe Drinidn Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ 1 Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
[ ] Board of Water Supply - Clifford Lum
[x] County of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ J Kauai County Department of Water - Edward Tschu
[ J District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
(7Q District Health Office - Hilo - Aaron Ueno, Chief Sanitarian .
City Sr County of Honolulu, Department of Planning & Permitting
County of Council
Oahu Neighborhood Board
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice Sr Variance Application, please check one box:
[ ] Recommend to GRANT this variance application.
[ J Have no objection to the GRANTING of this variance application.
[ ] Recommend to DENY this variance application.
[ ] See attached comments.
Reviewed by Contact Phone Fax u
Please return this ROUTE 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 (808) 586-4294 fax (808) 586-4300.
Received by W Wfs 2006 variance route slip - cover letter revised PNdoc as of 06/15/2006 vww