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Home My WebLink AboutCOM 1082.000 2004-2006 CHIYOME LEINAALA FUKIN O, M.D. LINDA UNDUE - ®R, 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 AStafPtLkaiiwara\Flnal\ WW 218 FINAL DEC CL wb 60891 September 7, 2006 n. CERTIFIED MAIL NO. 7002 3150 0001 6551 1085 RETURN RECEIPT REQUESTED c' fn r Mr. Stephen J. Herbert Stephen J. Herbert PE Inc. 74-5606 Pawai Place 203 Kailua-Kona, Hawaii 96740-1660 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 the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on September 1, 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, THOMAS E. ARIZUMI~'E. HIEF 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 - Kona Staff Engineer De artment of Water Supply -County of Hawaii stnct Health Office - Hilo Hawaii County Council Mr. Stephen C. Holmes Comm. No. G y Ref. To: Ref. Date $EP g ZOn6 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 ) Building with Three (3) Dwellings for ) Stephen C. Holmes Trust ) 78-6701 Alii Drive, Kailua-Kona, Hawaii ) 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 project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, September 1, 2006 THOMAS E"ARIZUKU,--P.E CHIEF Environmental Manage ent Division ..r 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 ) Building with Three (3) Dwellings for ) Stephen C. Holmes Trust ) 78-6701 Alii Drive, Kailua-Kona, Hawaii ) 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)(1) (2)(C) which states that only two (2) dwelling units can be served by a single individual wastewater system (IWS). 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-VW W-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-VWW-07 Findings of Fad 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. Stephen C. Holmes Trust, variance Application WW 218, Docket No. 06-VWW-07 Findings of Fact and Conclusions of Law, Page 3 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 project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, September 1. 2006 THOMAS E. ARIZUMI, P:E:, CAEF Environmental Management-Division The foregoing findings of fact and conclusions of law are hereby adopted. Stephen C. Holmes Trust, Variance Application WW 218, Docket No. 06-VW W-07 Findings of Fact and Conclusions of Law, Page 4 Transmittal Date: V'Wr Lv z cD (0 Wastewater Branch Variance Application Docket No.O - VWW - 01 APP O WW 1 Name/Title: ~1 Q[ 1 C. tmnly_~ f SubjeCt: Final Signed Decision Cover Letter, Signed Decision FA Order & Findings of Fact & Conclusions of Law ROUTE TO: Director of Health - Chigome 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 • Environmental Planning Office - Kelvin Sunada . Safe Drinking Water Branch - S 14 i ,Vjtk_MLkaU Sanitation Branch - Commercial Properties On ~W/astewater Branch Neighbor Island Staff K 1 Kona - Dane Hirorriasa (TMKs 5, 6, 7, 9, 9) c [ 1 Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ 1 Kauai - [ ] Maui - Roland Tejano Water Departments [ ] Board of Water Supply - Clifford Lum 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 Tschupp [ ] District Health Office - Maui - Herbert Matcubayasht Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [><District Health Office - Hilo - Aaron Ueno, Chief Sanitarian r City & County of Honolulu, Department of Planning 8r Permitting County of C f Council Oahu Neighborhood Board O (VIV 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 96814-4920 phone (808) 366-4294 fax (908) 586-4300 2006 variance route slip - final decision.doc as of 0210112006 v