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HomeMy WebLinkAboutCOM 1136.000 2004-2006E.�' �4 LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 HONOLULU, HAWAII 96801-3378 October 5, 2006 Mr. Dennis T. Inouye Septic Designs 884 Kupulau Road Hilo, Hawaii 96720 CHIYOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH in reply, please refer 10: File: O:\Stafl\Lk\Final\ WW 232 PN CL wb61023 Dear Mr. Inouye: Subject: Variance Application No. WW 232 Docket No. 06-VVVW-21 Proposed Septic System to Serve Two Existing Dwellings 1 - 3 Bedrooms & 1 - 2 Bedrooms Honokaa - Waipio Government Main Road Honokaa, Hawaii 96727 TMK: (3) 4-5-009: 012 The Department has reviewed your application for a variance from Chapter 11 -,V, 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 Tribune Herald 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 Hawaii Tribune -Herald, contact Ms. Makanani Kaaua, phone (800)548-1294, fax (808)969-9100 email maka@hawaiitribune-herald.com Failure to have this notice published within three (3) weeks of receipt of this letter, may Comm. No. 1 t 3b __ Ref. To: Ref. Dote OCT 1 6 2005 Mr. Dennis Inouye October 5, 2006 Page 2 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. 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 P. . Chief, Environmental anagement Division Enclosures: Receipt No. 138854 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Hilo Staff Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo vRawaii County Council Applicant - Mr. Cary Yamada WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 232 DOCKET NO. 06 - VWW - 21 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. Cary Yamada of Honokaa, Hawaii has applied for a variance from Hawaii Administrative Rules, (HAR) 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." Mr. Dennis T. Inouye of Septic Designs, Hilo, Hawaii, is the individual authorized to act for the applicant. The applicant is proposing to install a septic system to service two existing dwellings (1 - 3 bedrooms & 1 - 2 bedrooms) which are currently served by cesspools. The subject property has two existing cesspools. One cesspool services three (3) dwellings and the other services one dwelling. It is the applicant's understanding that the existing cesspools can be upgraded to a septic system to accommodate the collection of the wastewater for two dwellings per individual wastewater system (IWS). The subject project is located on Honokaa-Waiplo Government Road, Honokaa, Hawaii, and identified as TMK: (3) 4-5-009: 012, 28060 square feet. The applicant has made the following comments. 1. The area of the lot is 28,060 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. Modifying the existing cesspools may result to a higher construction and maintenance cost. Therefore, proposed is constructing another IWS on this 28,060 square foot lot. 3. Three (3) IWSs would be allowed if this lot was larger by 1,940 square feet. Granting approval for this 3r° IWS shall significantly reduce the contamination of the ground water source. 4. Two (2) of the existing dwellings are allowed to use the existing cesspools. The remaining two (2) dwellings shall be in compliance with the current IWS requirements. 5. The variance is requested for one (1) year. 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 fax (808) 586-4300 to obtain a 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 related documents, written comments and the public hearing, if any. CHIYOME LEINAALA FUKINO, M.D. Director of Health SEPTIC DESIGNS 884 Kupulau Road Hilo, Hawaii 96720 Phone: (808) 959-3770 Cellular: (808) 936-6448 Fax: (808)959-1341 September 22, 2006 Attu: Mr. Tomas See Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd., Room 309 Honolulu, Hawaii 96814-4920 Subject: Proposed IWS for Cary Yamada TMK: (3) 4-5-009:012 Mr. See, M� I L,4,V- ( Enclosed is a variance application for a proposed septic system to service two existing dwellings (1 - 3 bedroom & 1 - 2 bedroom). The subject property has two existing cesspools. One cesspool services 3 dwellings and the other services one dwelling. It is our understanding the existing cesspools can be upgraded to a septic system to accommodate the collection of the wastewater for two dwellings per IWS. However the owner prefers installing 1 new IWS for two of the existing dwellings for the following reasons. 1) Maintaining 1 IWS will have a lower maintenance cost versus 2 systems. 2) Plumbing wastelines to 2 systems and having to install 2 septic tanks may have a higher construction cost versus constructing lnew IWS. 3) Modifying one of the cesspools to an approved IWS will pose some problems with installing plumbing lines because it's located behind the existing carport. 4) The existing cesspools have been performing well thus far. Having them service only 1 dwelling each should prolong its efficiency. Attached is a site plan. Your consideration for this variance application is greatly appreciated. Should you have any questions concerning this submittal, please call me at 936-6448. Sincqrely, � Dennis T. Inouye State of Hawaii Department of Health Environmental Management Division Wastewater Branch Application No. WW 2J— Docket No. Q- V W W- 24 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). GENERAL INFORMATION (please print or type): A. Name: Ca Mailing address: (City) yarnact;q i, company, agency, ['. ©. tbox 1211 etc. iit�noKaa, iiawai, 1&727 (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ } Non -Residential LCC [ ] Retail Business [ j Visitor Center [ } Church [ ] School [ } Golf course clubhouse ! restroom [ ] Restaurant / food establishment [ ] Others, please specify: [ ] Residential LCC [v] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. C2__) 4 - 5 - obi] : 012 Application for LCC Varisnce.doc v as of December 9, 2004 Page 1 of 6 1=Oahu 2=Maui 3=Big Island 4=Kauai kaa - Wai pi0 Cxovcrnm,--n"t llail^ F . (street) (City) B. Individual authorized to act for applicant: C. 96,727 Name: Se�ftrc Dos'G»s Title: ®'saner ev4 S�t« DeSj�rns 1�,nrs In®may Address: 564 Kupolao 12-A - In U6 !Zo Phone No.: (6 ©g ) Fax No.: C 8 y 8) 159-1341 Email Address: Dti 41 @ A©- Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [ ] 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." (Jj 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.' [ ] 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 Applicebw fm LCC Variance.doc ~ 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." 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)(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 gpd-) 00 rias a totem( [alnd M Curr6n-Tl4 iixrr, are 2 COsSp�oIS Servicexsstrr� G�s1r©Ilirvzs.�rte, 'Ci&Sj'-0( $eyiC"'�'S tkL"otwT .. 5�"�- VECF� l3hZ.G�1uv61i . Prc� g3rz� 1s � St', T�c,S ,5`Tr;+''1 � Svf•'vZ.E, 2 Aa:eti ties '" coMib1meek t ->t--{ C4 J bedre�rri. Ji({lvvCAh I v:�rK� coutzi LS 2- -t ar&k 1� i-� (�aUi i sv�tfi✓ 5�st¢�r, 'versus riu�ti�ti(t l 2 m�.c. b� c+x-®rwrl�c.�t� 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. [v] The area of the lot is 26 . o (2 o 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. [ ] 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 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. [v] If not in the choices, please specify. Mod i. L i vu -tykk O -&VS- r Ll CO!" M3�'i �sc'1� to �i hr� ,�S1rvc�it•��lti rTain�rGrLar~ce� ce 5f T6-H4cw, ,grrni�, a,& t iti rAr true ttrc ln3tllkr _i�tr5 0r1 ChIS 215 , 0& G '51. i -t . [Ji I 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. [ ] 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. [✓] -threc, I N s kNl Ld be, it th i s I.�lly 5c_ft Grav�fin� ap�r�y� �V- tb1Ia 3 lL�tS Sal (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 Varisme.dm ~ as of December 9. 2004 Page 4 of 6 [ j 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. (si1 aw-e fel $ aitowe'd 'to V5' -tkk, Koak- Tk, r-nm,Iv i ,c n W C-tJri-on �' jZz�Ui r24�-E (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 _ economically depressed. are essentially [ J 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. ( j The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 1ws. 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. [ J 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"). CERTIFICATION: I. �drY yavnac(a O'wAOt- (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: Cu Date: 21V DO NOT WRITE BELOW - FOR AGENCY USE ONLY IV. Date Application received: 2 Application for LCC Verience.dw v as of December 9, 2004 Page 5 of 6 V. Application No.:y " � `rrO,,,, f2 3,z VI. Docket No.: ©�- V vV W - 2'1 VII, Received by: L4QIi Y-- � ^► �tq VIII. Filing fee ($300.00) check date: Oq - LO J 0 (0 Check # L V I IX. Department of Health Receipt # Il ✓L5� X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC Vartanoe.doc v as of December 9, 2004 Page 6 of 6 Transmittal Date: Suspense Date: Wastewater Branch Variance Application Docket No. �-VWW-J_ APP u WW ,?a�/? Name/Title: UUM Cur IC eU Subject: Cover Lettdr, P41ic Notice and Variance Application ROUTE TO: If ACTION REQUESTED: �'_J V the Cover Letter, Public Notice please check one 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 Please return this ROUTE SLIP. You Contact Phone u Fax o 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 (808) 586-4294 fax (90&)!396-4300. r D Received by WWW13 /_/ 2006 variance route slip - cover letter revised PN.doc as of 06/15/2006 vww 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 Environmental Planning Office - Kelvin Sunada Safe Drinking Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ ] Kona -Pane Hiromasa (TMKs 5, 6, 7, S, 9) [X] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) o I 1 Kauai - [ ] Maui - Roland Tejano [ ] Oahu - Johnny On Water Departments [ ] Board of Water Supply -Clifford Lum 1>4 ] 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 Tschupp [ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [/X(] District Health Office - Hilo - Aaron Ueno, Chief Sanitarian o City & County of Honolulu, Department of Planning & Permitting County of 1 " Council Oahu Neighborhood Board a M v , X1'1 ' U7y1AA If ACTION REQUESTED: �'_J V the Cover Letter, Public Notice please check one 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 Please return this ROUTE SLIP. You Contact Phone u Fax o 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 (808) 586-4294 fax (90&)!396-4300. r D Received by WWW13 /_/ 2006 variance route slip - cover letter revised PN.doc as of 06/15/2006 vww