HomeMy WebLinkAboutCOM 1088.000 2004-2006
CHIYOME LEINAALA FUKINO, M.D.
LINDA LINGLE '
GOVERNOR OF HAWAII l DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please rater to:
HONOLULU, HAWAII 96801-3378 File'
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September 20, 2006
Mr. Ronald Layaoen N
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720 C
Dear Mr. Layaoen: - o
Subject: Variance Application No. WW 224 Docket No. 06-VWW-13
The Use of Individual Wastewater Systems at the
Pahala Elderly Housing, 96-1169 Kou Street, Pahala, Hawaii
TMK: (3) 9-6-017: 037
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, October 13, 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. ARIZU , P. , CHIEF
Environmental Manage ant 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
vi4awaii County Council
Applicant - Mr. Derek Fujikami, Hawaii Public Housing Authority
Comm. No.
Ref. To.
Ref. Uate OCT 3 0 2006
4
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-13
Variance Application No. WW 224 )
for Individual Wastewater System )
Use of Individual Wastewater Systems ) DRAFT - SIGNATURE NOT REQUIRED
at the Pahala Elderly Housing )
96-1169 Kou Street )
Pahala, Hawaii )
TMK: (3) 9-6-017: 037 )
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, Sections 11-62-03, 11-62-31.1(a)(2)(D), 11-62-31.1(h)
and 11-62-31.1(a)(1)(D) is hereby GRANTED for five (5) years with the following provisions:
1. Plans for each treatment individual wastewater system (IWS) shall be submitted
to the Wastewater Branch for review and approval before any construction
begins. In addition, the treatment IW Ss shall be approved in writing before being
placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool(s) is used as a seepage pit for the wastewater system,
the seepage pit(s) shall be properly permitted by the Underground Injection
Control program.
4. The septic tank serving six (6) dwelling units (Building 3) shall be enlarged to a
minimum volume of 1,800 gallons.
5. The septic tank(s) serving eight (8) dwelling units (Buildings 4 & 5) shall be
enlarged to a minimum volume of 2,300 gallons.
6. The septic tank serving four (4) dwelling units (Buildings 1 & 2) shall be enlarged
to a minimum volume of 1,250 gallons.
7. 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-13
Variance Application No. WW 224 )
for Individual Wastewater System )
Use of Individual Wastewater Systems ) DRAFT - SIGNATURE NOT REQUIRED
at the Pahala Elderly Housing )
96-1169 Kou Street )
Pahala, Hawaii )
TMK: (3) 9-6-017: 037 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Hawaii Public Housing Authority, Honolulu, Oahu, Hawaii for a five (5)
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Sections 11-62-03,
11-62-31.1(a)(2)(D), 11-62-31.1(h) and 11-62-31.1(a)(1)(D) was reviewed by the Department of
Health staff, and a public notice of the application was printed in the August 12, 2006 issue of
the Honolulu Star Bulletin and the August 14, 2006 issue of the West Hawaii Today
publications. Three (3) comments pertaining to the application were received during the 30 day
public comment period following the publication of the public notice.
Findings of Fact
The individual authorized to act for the applicant, Mr. Ronald Layaoen of Okahara &
Associates, Hilo, Hawaii, has applied for a five-year variance from various sections of Hawaii
Administrative Rules (HAR), Title 11, Chapter 62: Section 11-62-03 Definitions which 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.'; 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."; Section 11-62-31.1(h) which states "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)(D)
which states "The total wastewater flow into one individual wastewater system shall not exceed
one thousand gallons, and one individual wastewater system shall not serve more than five
bedrooms, whether they are in one dwelling unit or two."
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-V W W-13
Findings of Fact and Conclusions of Law, Page 1
The applicant has stated that the estimated wastewater flows to the proposed individual
wastewater systems (IWSs) exceed 1,000 gallons per day and more than two dwelling units are
connected to each of the wastewater systems. The wastewater is generated from the Pahala
Elderly Housing located at 96-1169 Kou Street, Pahala, Kau, Hawaii, TMK: (3) 9-6-017: 037.
The proposed septic system will utilize existing cesspools as a seepage pit for effluent disposal.
The cesspools currently serve 24 dwelling units, a community center and laundry area.
The applicant has made the following statements.
1. 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
1,125 gallons per day.
2. The facility has been in operation for 36 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.
3. The applicant believes this variance request 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.
4. 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.
5. The proposed treatment individual wastewater systems will provide grater
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.
6. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
7. The variance is requested for the maximum of five (5) years.
Plot maps have been attached to this application for variance but can not be shown
here.
The following agencies submitted the following comments:
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-V W W-13
Findings of Fact and Conclusions of Law, Page 2
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:
A. The subject property is situated "mauka" or above the Underground
Injection Control (UIC) line; therefore, the property overlies or recharges
potential underground sources of drinking water. Hawaii Administrative
Rules (HAR), Title 11, Chapter 23, Underground Injection Control,
prohibits new sewage injection wells above the UIC line;
B. There are no program-recorded drinking water wells within a quarter mile
of the subject property;
C. Injection-well cesspools that are to be retained as injection-well seepage
pits are subject to HAR's Chapter 11-23. All injection-well seepage pits
shall be registered by a UIC permit. The owner/operator of the injection-
well seepage pits is responsible for applying for the UIC permit. The UIC
permit application should be applied for now.
D. Because the variance is being driven by the federal ban on large-capacity
cesspools, we have no objection to the granting of the variance; and
E. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the septic tank 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(s) 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. The septic tank serving six (6) dwelling units (Building 3) shall be
enlarged to a minimum volume of 1,800 gallons.
E. The septic tank(s) serving eight (8) dwelling units (Buildings 4 & 5) shall
be enlarged to a minimum volume of 2,300 gallons.
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VW W-13
Findings of Fact and Conclusions of Law, Page 3
F. The septic tank serving four (4) dwelling units (Buildings 1 & 2) shall be
enlarged to a minimum volume of 1,250 gallons.
G. 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 individual wastewater system (IWS) shall be submitted
to the Wastewater Branch for review and approval before any construction
begins. In addition, the treatment IWSs shall be approved in writing before being
placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool(s) is used as a seepage pit for the wastewater system,
the seepage pit(s) shall be properly permitted by the Underground Injection
Control program.
4. The septic tank serving six (6) dwelling units (Building 3) shall be enlarged to a
minimum volume of 1,800 gallons.
5. The septic tank(s) serving eight (8) dwelling units (Buildings 4 & 5) shall be
enlarged to a minimum volume of 2,300 gallons.
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VWW-13
Findings of Fact and Conclusions of Law, Page 4
6. The septic tank serving four (4) dwelling units (Buildings 1 & 2) shall be enlarged
to a minimum volume of 1,250 gallons.
7. 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.
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VW W-13
Findings of Fact and Conclusions of Law, Page 5
Transmittal Date: Suspense Date: OT 1':), 200
Wastewater Branch Variance Application Docket No. _ - VWW - APP a WW
Name/Title: 1 Q q Uoerto must n G - I,(A{
SubjeCt: Draft ecision Letter with Dec ' n 8r Order an indings of Fact & Conclusions of Law
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
Environmental Planning Office - Kelvin Sunda
Safe Drinkin Water Branch - Stuart Yamada .
Sanitation Branch - Commercial Properties Only
Na t ewater Branch Staff Personnel
Kona -Dane Hiromasa MIKs 5, 6, 7, S, 9)
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 ,
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai Count Department of Water - Edward Tschu
[ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
[ istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian ,
City Sr Count of Honolulu, Department of Planning Sr Permitting
County of [ I Council
Oahu Neighborhood Board
Mir, ,OrCK I 111'1 ( i ' R '
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 & Order will be forthcoming.
If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moan Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (909) 586-4300.
Received by W WB / / 2006 variance route slip - draft decision.doc as of 06/19/2006 vww