HomeMy WebLinkAboutCOM 1083.000 2004-2006
4, p 195H
LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
C~
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3378 File:
WW 228 PN CL
Wb60832
August 21, 2006;
GD
N
Mr. Peter J.K. Dahlberg cri
Civil Engineer -o
77-6238 C Mamalahola Highway :3
Holualoa, Hawaii 96725 N
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 228 Docket No. 06-VWW-17
Proposed New Septic System to Serve All Residences at
82-6167 Mamalahoa Highway
Captain Cook, Hawaii
TMK: (3) 8-2-015: 017
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 West 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 elizabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 email Ilogan@westhawaiitoday.com
comm. Na.411_
Ref. Tot
Ref. Date ~~P 8 9008
Mr. Peter J.K. Dahlberg
August 21, 2006
Page 2
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 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.
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, j
THOMAS E. ARIZUMI; P.E., CHIEF
Environmental Management Division
Enclosures: Receipt No. 13850
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
District Health Office - Hilo
t l9awaii County Council
Applicant - Mr. David Knittle
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. W W 228
DOCKET NO. 06-VWW-17
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. David
Knittle & Carol Gibson of Honaunau, Hawaii have 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)(D)
which states "The total wastewater flow into each individual wastewater system shall not
exceed 1,000 gallons per day."
Mr. Peter J.K. Dahlberg, Civil Engineer is the individual authorized to act for the
applicant. The applicant states that the existing cesspools have failed. A new septic system is
proposed to serve all residences. A new 1500 gallon septic tank and 15'x 28' absorption bed
is proposed as the most feasible solution, given the small property size, and location of
existing structures. Flow into proposed IWS exceeds five (5) bedroom/1000 gallons per day.
The three (3) dwellings have a total of six (6) bedrooms. Estimated design flow is 1,200
gallons per day. Existing cesspools servicing three (3) dwellings are to be abandoned. The
dwellings ares located at 82-6167 Mamalahoa Highway, Captain Cook, Hawaii and the
property is identified as TMK: (3) 8-2-015: 017. The property is 24,132 square feet in size.
The applicant has made the following comments.
1. The area of the (usable) lot (area) is 24,132 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 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
1200 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. Existing cesspools have failed. A new septic system is proposed to serve all
residences. A new 1500 gallon septic tank and 12'x 28' absorption bed is
proposed as the most feasible solution, give the small property size and location
of existing structures.
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 (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.
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
septic tank will provide pretreatment and sludge removal prior to effluent
disposal.
9. The owner of the facility simply cannot afford to build and operate wastewater
systems meeting all the requirements of HAIR Chapter 11-62 such as small
aerobic wastewater treatment plants.
10. The variance is requested for the maximum of five (5) years.
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.
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 r ch
Department of Health Application oW W
Environmental Management Division Docket No. 6 u- VWW
APPLICATION FOR VARIANCE - Primarily Concerning Large Capacity Cesspools
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004)
Submit the original, one (1) 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
(808) 586-4294
Attachments are allowed, but preferred in 8 ''/2" x 1 I" format (for copying purposes).
1. GENERAL INFORMATION (please print or type)
A. Name: David Knittle / Carol Gibson
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address:
POB 600
Honaunau HI 96726
(city) (island) (zip code)
Nature of Business. Check applicable category. (EPA makes the final
determination of a Large Capacity Cesspool - LCC)
r Non-Residential LCC
I- Retail Business
1- Visitor Center
1- Church
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 1 Prepared for David Knittle / Carol Gibson by Peter J.K. Dahlberg, P.E.
7/24/05
F School
f" Golf course clubhouse / restroom
F- Restaurant / Food Establishment
1- Hotel
r- Other (please specify):
Residential LCC
I? Multiple dwelling
1- Community system
i" Regional system
f` Other (please specify):
Provide location of existing cesspool(s):
Tax Map Key 3 - 8 - 2 15 17
1 = Oahu 2 = Maui 3 = Big Island 4 = Kauai
82-6167 Mamalehoa Hwy
(number) (street)
Captain Cook HI 96704-8203
(city) (island) (zip code)
B. Individual authorized to act for applicant:
Ddstrig cesspools have failed. A newseptc system is proposed to serve all
residences. A rvN 15M gal septic tarn and 15x28' absorption bed is proposed
as the most feasible sdtRiort, given the small property size, and location of ed&ig
stn rctt res.
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 2 Prepared for David Knittle /Carol Gibson by Peter J.K. Dahlberg P E.
7/24/05
C. Identify the specific section(s) of Chapter I 1-62 which the variance is
requested. Check all applicable sections.
P
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 systems 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) (I) (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) (1) (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. "
Section 11-61-31.1(a) (1) (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 buildings. "
Section 11-62-31.1 (a) (2) (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 which were created and recorded before the effective
date of this rule, only one individual wastewater system shall be allowed. "
Section /1-62-31.1 (a) (2) (D) The total wastewater flow into each individual
wastewater system shall not exceed 1,000 gallons per day"
Simplified Form: Application for HAR Chapter I1-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 3 Prepared for David Knittle / Carol Gibson by Peter.I.K. Dahlberg, P.E.
7/24/05
IL 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) (Q. The total area ofthe subject lot is 8,500
ftz. 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 gpd.)
DETAILED DESCRIPTION
Requested variance is for HAR Section 11-62-31.1 (a) 1 (D). Flow into proposed IWS
exceeds 5 BDR/1000 gpd. 6 BDR exist in 3 separate dwellings.
Estimated Design Flow is 1200 gpd. Proposed treatment unit is 1500 GAL Septic Tank.'
Existing Cesspools servicing 3 dwellings to be abandoned. New absorption bed to installed.
Variance requested for HAR Section 11-62-31.1 (a) 1-D
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
F_ The area of the (usable) lot (area) is 24,132 square feet.
This is insufficient to meet the minimum land area requirements
for IWS utilization, which is one IWS per 10,000 ftz of lot area
I?
The large capacity septic system proposed to serve the facility
would not comply with BAR 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 1200 gallons per
day.
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 4 Prepared for David Knittle /Carol Gibson by Peter J.K Dahlberg P.E.
724/0
C. Describe in detail why the present or proposed equipment and/or operating
conditions cannot 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.
l?
The current State requirement of a wastewater treatment plant
would significantly add to the construction cost, as well as require
a much greater on-going maintenance cost.
The facility has been in operation for NA 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.
FV If not in the choices, please specify:
Existing cesspools have failed. A new septic system is proposed to serve all
residences. A new 1500 gal septic tank and 12'x28' absorption bed is proposed
as the most feasible solution, given the small property size, and location of existing
structures. (Absorption Bed to feature Infiltrators)
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 342.13-6(c).
IV 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.
Simplified Fonn: Application jor HA2 Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 5 Prepared for David Knittle / Carol Gibson by Peter.l.K. Dahlberg, P.E.
7/24/05
Prevent loss of jobs. The LCC serving my facility has been in
operation for M years. The current State requirements of a
wastewater treatment plant would significantly add to the construction
cost, as well as require a much greater on-going maintenance cost. I
(owner) may be forced to close my existing business and lay off my
employees.
F If not in the choices, please specify:
(2) The granting of the variance will not substantially endanger human
health or safety.
W The existing LCC will be upgraded to an IWS (septic system). The
IWS (septic system) will provide a better treatment system prior to
effluent disposal. The IWS will be designed and constructed to meet
the DOH standards. The impact to the environment will be minimized
compared to the current wastewater disposal.
W 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 terns of wastewater
treatment. The septic tank will provide pre-treatment and sludge
removal prior to effluent disposal.
If not in the choices, please specify:
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 6 Prepared for David Knittle / Carol Gibson by Peter.I.K. Dahlberg, P.6.
724/05
(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.
F The residents of the NA 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 I I -
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.
If not in the choices, please specify:
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.
,V 5 years
F Less than 5 years
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- F).
Simplified Form: Application for HAR Chapter I1-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 7 Prepared for David KninIe / Carol Gibson by Peter J K. Dahlberg, P.E.
724/05
III. CERTIFICATION:
(print name) (print title)
certify that I have know of the facts herein set forth and that the same are
true and correct to est f my.dge and belief.
Sign
Date:
DO NOT WRITE BELOW -FOR AGENCY USE ONLY
IV. Date Application received: t't i ~ /--0 of
VV v~,
3
V. Application No.:
VI. Docket No.: (~7
n
VII. Received by:
VIII. Filing fee (40.00) check date: C)CI _U(~-/ Check 15q3
IX. Department of Health Receipt (J'5c)
X. Decision on Application (including date):
XI. Date of Public Hearing:
of the wastewater systems.
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Paee 8 Prepared for David Knittle / Carol Gibson by Peter J.K. Dahlberg, P.E.
7/24/05
Transmittal Date: i Suspense Date:
Wastewater Branch Variance Application Docket No. 0 C -VWW- APP WW > -cc
Name/Title: \/1 -1 n i '.S F ,1 ]
Subject: Cover Letter, Public Notice and Variance Application
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas R Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau • t
Environmental Plan- in Office - Kelvin Sunada
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
IxfKona - Dane Hiromasa (TMKs 5, 6,7,5,9) e
[ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
[ Board of Water Supply - Clifford Lum
County of Hawaii Dept of Water Supply - Milton Pavao
[ ] 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
[XDistrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian ,
City Fr County of Honolulu, Department of Planning Fr Permitting
County of (,tied i i Council
Oahu Neighborhood Board
ACTION REQUESTED:
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 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 WWE 2006 variance route slip - cover letter revised PN.doc as of 06/15/2006 vww