HomeMy WebLinkAboutCOM 1084.000 2004-2006
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LINDA LINGLE i 1 CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII'. 5 / DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to
HONOLULU, HAWAII 96801-3378 File:
WW 227 PN CL
wb60830
August 21, 2006
Mr. Peter J.K. Dahlberg = rv
Civil Engineer
77-6238 C Mamalahola Highway 9
Holualoa, Hawaii 96725
N
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 227 Docket No. 06-VWW-16
Touching the Earth, LLC, Existing Bar/Restaurant
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 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 eizabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.cam
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. Jf04t
Ref. To:
Ref. Date, SEP 18 2006
Mr. Peter J.K. Dahlberg
August 21, 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. ARIZUMI, P.E:; CHIEF
Environmental Management Division
Enclosures: Receipt No. 13849
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
>hlawaii 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 at 77-6238 C Mamalahoa Highway, 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 Touching the Earth, an existing bar/restaurant at 61-3616 Kawaiahe
Road, Kawaiahae, Hawaii TM K: (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 large capacity septic system proposed to serve the facility would not comply
with HAIR 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
State of Hawaii Wastewater Branch
Department of Health Application No. WW _ 2 P. -7
Environmental Management Division Docket No. CAL - V W W - R-,
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 x 1 I" format (for copying purposes).
L GENERAL INFORMATION (please print or type)
A. Name: Touching the Earth, LLC
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address:
(c/o Bennett Dorrance Jr.)POB 537
Hawi HI 96719
(city) (island) (zip code)
Nature of Business. Check applicable category. (EPA makes the final
determination of a Large Capacity Cesspool - LCC)
w Non-Residential LCC
i Retail Business
Visitor Center
i Church
Simplified Form: Applicationjor HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page I Prepared for Blue Dolphin Restaurant (Tonchin1- the F_arth LLC) by Peter I.K. Dahlbere. 11 _E-
7/74/05
i School
F- Golf course clubhouse / restroom
Restaurant / Food Establishment
F Hotel
r- Other (please specify):
r Residential LCC
I` Multiple dwelling
i- Community system
1" Regional system
1" Other (please specify):
Provide location of existing cesspool(s):
Tax Map Key 3 6 - 1 2 64
1 = Oahu 2 = Maui 3 = Big Island 4 = Kauai
61-3616 Kawaihae Road
(number) (street)
Kawa i hae HI 96743
(city) (island) (zip code)
B. Individual authorized to act for applicant:
Name: Peter J.K. Dahlberg Title: Civil Engineer
Address: 77-6238 C Mamalahoa Hwy
(street)
Holualoa HI 96725
(city) (island) (zip code)
Phone No.: (808)895-6173 Fax No.: (808) 324-1212
E-mail Address pdahlberq a(~hawaii.rr.com
Simplified Form: Application jor HAR Chapter 71-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 2 Prepared for Blue Dolphin Restaurant (Touching the Earth LLQ by Peter J.K. Dahlberg, P.E.
7/24/05
C. Identify the specific section(s) of Chapter 11-62 which the variance is
requested. Check all applicable sections.
O?
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 :nits with disposal systems and cesspools. Each individual
wastewater system shall be an independent system and shall have all of its
plumbing, treatment (if art)), 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) (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 rude. 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 11-62-31. /(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 buildings. "
T" 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. "
i~
Section 11-62-3 / (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 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 3 Prepared for Blue Dolphin Restaurant (Touching the Earth LLQ by Peter.l.K Dahlbere. P.E.
7/24/0>
II. 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 of the 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(s) 11-62-31.1 (a) 2 (A), 11-62.31.1 (a) 2 (D)
Existing Bar/Restaurant is a 1200 Sq Ft (Bldg Footprint) on a total land area of 3597 Sq Ft.*
Projected Flow = 1400 gallons per day (GPD)**
Variance requested for HAR Section 11-62-31.1 (a) 2 (A)
Variance requested for HAR Section 11-62-31.1 (a) 2 (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
The area of the (usable) lot (area) 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 ftz of lot area
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 1400 gallons per
day.
Simplified Form: Application for HAR Chapter I1-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 4 Prepared for Blue Dolphin Restaurant (Touching the Earth LLQ by Peter J_K_ Dahlberg. P.E.
724/05
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.
iv
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 on-going maintenance cost.
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.
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).
3V The applicant believes this variance request is in the public interest
because the LCC will be upgraded to an IWS (aerobic 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 Form: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 5 Prepared for Blue Dolphin Restaurant (Touching the Earth LLQ by Peter J K. Dahlberg RE
7/24/05
I Prevent loss of jobs. The LCC serving my facility has been in
operation for NA 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.
If not in the choices, please specify:
(2) The granting of the variance will not substantially endanger human
health or safety.
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 DOH standards. The impact to the environment will be minimized
compared to the current wastewater disposal.
r~
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 pre-treatment and sludge
removal prior to effluent disposal.
r
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 Blue Dolphin Restaurant (Touching the Earth LLQ by Peter.l. K. Dahlberg, P.E.
7/24/05
(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.
The residents of the NA are essentially
economically depressed.
F 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.
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.
W 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-1
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 7 Prepared lot Blue Dolphin Restaurant (Touching the Earth LLQ by Peter J.K. Dahlberg, P E
7/24/05
III. CERTIFICATION: p~
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the same are
true and correct to e b of my knowledge and belief.
Signature: 1 /
Date: ~7 G
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: zoo
V. Application No.:
VI. Docket No.: - V VV yy- ~i
VII. Received by: r-M
G
VIII. Filing fee ($200.00) check date: Check 15g4
IX. Department of Health Receipt t t
X. Decision on Application (including date):
XI. Date of Public Hearing:
of the wastewater systems.
Simplified Form: Application jar HA2 Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 8 Prepared for Blue Dolphin Restaurant (Touching the Earth LLQ by Peter J.K. Dahlberg, P.E.
7/24/0?
e
Transmittal Date: Suspense Date: , 0
Wastewater Branch Variance Application Docket No. at -VWW, ! (r APP WW
Name/Title: -3G1 C(j (['l >
Subject: Cover Letter, lic Notice and Variance Application
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, END - Thomas E. Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, De Bill Cooper
Clean Water Branch - Denis Lau t '
Environmental Planning Office - Kelvin Sunda
Safe Drinkin Water Branch - Stuart Yamada i
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[>Q Kona - Dane Hiromasa (TMKs 5, 6,7,5,9)
[ 1 Hilo -Jerry Nunogawa (TMKs 1, 2, 3,4)
[ 1 Kauai -
[ j Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
[ j Board of Water Supply - Clifford Lum
['-XI County of Hawaii Dept of Water Supply - Milton Pavao e
( j County of Maui Dept of Water Supply - George Y. Tengan
[ j Kauai County Department of Water - Edward Tschu p
[ 1 District Health Office - Maui - Herbert Matsubagashi, Chief Sanitarian
[ j District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
[XI District Health Office - Hilo - Aaron Ueno, Chief Sanitarian i
City & County of Honolulu, Department of Planning & Permitting
County of l Cll1 Council
Oahu Neighborhood Board #
Iv: t-X'('1n'C [)ClWuq( V .
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice & Variance Application, please check one box:
[ 1 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 96814-4920
phone (SOS) 586-4294 fax (SOS) 586-4300.
Received bg W WB 2006 variance route slip - cover letter revised PN.doc as of 06/1S/2006 vww