HomeMy WebLinkAboutCOM 1086.000 2004-2006
v ;OF M Kip
r CHIVOME LEINAALA FUIONO, M.D.
LINDA LINGLE
GOVERNOR OF HAWAI! DIRECTOR OF HEALTH
y
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 337E In reply, please refer to
HONOLULU, HAWAII 96801-3378 File:
Q:\Staff\Lkajiwara\Final\
WW 222 Draft Dec CL
wb60872
August 31, 2006
Mr. Theodore Baldau, Vice President
RT Engineers, Inc.
P.O. Box 390628
Kailua-Kona, Hawaii 96739>
.-a cn
Dear Mr. Baldau: -
Subject: Variance Application No. WW 222 Docket No. 06-VWW-11 ca
Use of Two (2) Large Septic Tanks for 16 dwelling Units
at the Lono Kona Apartment complex
75-5730 Alahou Street, Kailua-Kona, Hawaii
TMK: (3) 7-5-022: 060 16.062 square feet r
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings of
Fact and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater
Branch at our direct toll free phone 974-4000 ext. 64294, fax (808)586-4300 no later than the
close of business on Friday, September 22, 2006. If we do not hear from you by the above
date, the draft will be finalized. If you wish to discuss our decision and add any additional
information, please call our office before the above date.
Sincerely,
THOMAS E. ARIZUMI, V:E , CHIEF
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Kona Branch
Department of Water Supply - County of Hawaii
District Health Office - Hilo
Hawaii County Council
Applicant - AMI Properties, LLC
Comm. No. 086
Ref. To:
Ref. 'ate -aE 18 ?nnnS
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-11
Variance Application No. WW 222 )
for Individual Wastewater System )
Use of Two (2) Large Septic Tanks for ) DRAFT - SIGNATURE NOT REQUIRED
16 Dwelling Units at the )
Lono Kona Apartment Complex )
75-5730 Alahou Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 060 16.062 SF )
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 11-62-03 and Section 11-62-31.1(a)(1)(A) is
hereby GRANTED for five (5) years with the following provisions:
1. Plans for each treatment 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. Each septic tank shall be fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the eight (8) dwelling units
connected to a single septic system.
4. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program
of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage
pit for the wastewater system, the seepage pit(s) shall be properly permitted by
the Underground Injection Control program.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii,
Draft - Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-11
Variance Application No. WW 222 )
for Individual Wastewater System )
Use of Two (2) Large Septic Tanks for ) DRAFT - SIGNATURE NOT REQUIRED
16 Dwelling Units at the )
Lono Kona Apartment Complex )
75-5730 Alahou Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 060 16.062 SF )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the AM[ Properties, LLC, Kailua-Kona, Hawaii, for a five (5) year
variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and
11-62-31.1(a)(1)(A) was reviewed by the Department of Health staff, and a public notice of the
application was printed in the July 22, 2006 issue of the Honolulu Star Bulletin and the
July 26, 2006 issue of the West Hawaii Today publications. 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. Theodore Baldau of RT Engineers,
Kailua-Kona, Hawaii has applied for a five-year variance from the 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) (1) (A) which states "For residential developments. There
shall be 10,000 square feet of land area for each individual wastewater system."
The applicant is requesting to use large septic tanks with existing cesspools as seepage
pits. Estimated wastewater flow is 3,200 gpd. The flow is to be split evenly into two septic
systems (1,600 gpd each). The total area of the lot is 16,062 square feet. The property is
located at 75-5730 Alahou Street, Kailua-Kona, Hawaii and is identified as TMK:
(3) 7-5-022: 060.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VW W-11
Findings of Fact and Conclusions of Law, Page 1
The applicant has made the following statements.
1. The area of the lot is 16,062 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
1,600 gallons per day. (two systems)
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 provides low cost affordable housing that could not support the
construction cost of operation fee of a wastewater treatment plant.
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. Prevent loss of affordable housing. The facility provides low cost affordable
housing. The construction cost and ongoing maintenance cost of a wastewater
treatment plant would force rents to be raised beyond which current tenants
could afford.
8. 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.
9. 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.
10. The residents of the Lono Kona Apartments are essentially economically
depressed.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VWW-11
Findings of Fact and Conclusions of Law, Page 2
11. The variance is requested for the maximum of five (5) years.
A plot plan was included in the application for variance but can not be shown here.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
We have no objection to the granting of this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. UIC permitting is applicable to any existing injection-well cesspool or
seepage pit that receives over 1,000 gallons of wastewater per day, on
any given day. Operating any such injection-well seepage pit without a
UIC permit is a violation of Chapter 11-23 and is subject to a penalty and
corrective action. The owner/operator of the injection-well seepage pits
must contact the UIC program at (808)586-4258 for UIC permit
application;
B. Because the proposed upgrade of the two existing large-capacity
cesspools into a septic systems is being driven by the federal ban on
large-capacity cesspools, we have no objection to granting the variance;
and
C. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the septic systems.
Please contact Jamie Rimando at telephone (808)586-4258 if you have any
questions.
3. The Wastewater Branch recommends the granting of this variance application
with the following conditions:
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. If the existing cesspool is used as a seepage pit for the wastewater
system, the seepage pit(s) shall be properly permitted by the
Underground Injection Control program.
D. If the existing cesspool is abandoned, abandonment shall follow the
instructions and criteria provided by the Department's UIC program.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VW W-11
Findings of Fact and Conclusions of Law, Page 3
E. 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. Plans for each treatment 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. Each septic tank shall be fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the eight (8) dwelling units
connected to a single septic system.
4. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program
of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage
pit for the wastewater system, the seepage pit(s) shall be properly permitted by
the Underground Injection Control program.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VW W-11
Findings of Fact and Conclusions of Law, Page 4
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii,
Draft - Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VWW-11
Findings of Fact and Conclusions of Law, Page 5
r '
Transmittal Date: Suspense Date:
Wastewater Branch Variance Application Docket No. VWW - APP WW' Z
-
Name/Title: 1 1 11,
Subject: Draft Decision Letter with Decision 8r Order and Findings of Fact Sr Conclusions of Law
ROUTE TO:
Director of Health - Chiyome 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 r c
Environmental Planning Office - Kelvin Sunda
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff personnel
[ -Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) c
[ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
[ J Board of Water Supply - Clifford Lum
County of Hawaii Dept of Water Supply - Milton Pavao r
[ ] 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
[ J District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
] istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian r
City 8r County of Honolulu, Department of Planning Sr Permitting
County of - Council
Oahu Nei hborhood Board #
lC(x7} n )4 Nvt)f,j C~
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing on a separate
sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard.
The SIGNED FINAL Decision Sr Order will be forthcoming.
If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by WWB 2006 variance route slip - draft decision.doc as of 06/15/2006 vww