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Home My WebLink AboutCOM 1162.000 2004-2006 LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII 040 DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 IrUmply, please refer to: HONOLULU, HAWAII 96801-3378 File: w11(Q230 PN CL Wb60943 September 20, 2006 Mr. Theodore Baldau RT Engineers, Inc. - ` P.O. Box 390628 Kailua-Kona, Hawaii 96739 Dear Mr. Baldau: Subject: Variance Application No. WW 230 Docket No. 06-VWW-19 Large Capacity Cesspool Upgrade Restaurant I Food Establishment and Office 77-6400 Nalani Street, Kailua-Kona, Hawaii TMK: (3) 7-7-009: 020 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 elzabeth@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 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. 1' 62. Ref. TO- eeetweee• Trm Ref. Unte M_. - Mr. Theodore Baldau September 20, 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. ARIZUVr Chief, Environmenta anagement Division Enclosures: Receipt No. 13852 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 yKawaii County Council Applicant - Mr. Leo Lemelin WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. W W 230 DOCKET NO. 06 - V W W -19 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. Leo Lemelin, in care of Clark Realty, Kailua-Kona, Hawaii, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR) 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." Mr. Theodore Baldau of RT Engineers, Inc., Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting to use an individual wastewater system (IWS) such as a septic tank system to replace an existing large capacity cesspool serving a restaurant/food establishment & office located at 76-6400 Nalani Street, Kailua-Kona, Hawaii, and identified as TMK: (3) 7-7-009: 020. The total area of the subject lot is 9,914 square feet. The lot has a single building on it with a footprint of approximately 2670 square feet. This leaves a net area of usable land of 7,248 square feet. The estimated wastewater flow is 1,000 gpd and will exceed 1,000 gpd per 10,000 square fee of usable land. The applicant has made the following comments. 1. The large capacity septic system proposed to serve the facility would not comply with HAIR Section 11-62-31.1(a)(2)(A) because there is less than 10,000 square feet of usable land for an estimated flow of 1,000 gpd. 2. 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. 3. 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. 4. 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. 5. 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. 6. The proposed treatment individual wastewater system (IWS) 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. 7. 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. 8. 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. 9. The variance is requested for the maximum of five (5) years. A plot map has been attached to this application for variance but can not be shown here. 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 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 Applicat' n No. WW L~JCi Environmental Management Division Docket No. - VWW - I APPLICATION FOR VARIANCE - Primarily Concerning Large Capacity Cesspools Wastewater Systems 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 $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 586.4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8 1/2" x 11" format (for copying purposes). 1. GENERAL INFORMATION (please print or type): A. Name: f" ?Z- 'L-co l.E r-%e L t4 (Corporation, company, agency, firm, etc. seeking variance) Mailing address: G& CLrtRK Rq*L-'re 1~oR-JDZ~R Tk)"4 79-s722.- 11wisirk+A Wwy, S,r1~ IKg-'L4#1 - kmgr, r kii lw74.d (City) (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ ] Non-Residential LCC [ ] Retail Business [ ] Visitor Center [ ] Church [ ] School [ ] Goff course clubhouse / restroom Restaurant / food establishment [x] Others, please specify: t)IMLE [ ] Residential LCC / [ ] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map KeyNo.(3 )Z-_-_-bo? : OZO Application for LCC Variance.doc v as of December 9, 2004 Page 1 of 6 1=Oahu 2=Maui 3=Big Island 4=Kauai -7-7 - (a4vo ti/Arll.~Aji 57eee-T (number) (street) 967+0 (City) (Island) (Zipcode) B. Individual authorized to act for applicant: RT 6•nll"%WEESS, Name:~1?~cre1,o12£ ~~U+1J Title: V1CC- ~IZ~~AE~+-[ Address: ?Z'C Er117\NEE~S,C.. (City) (Island) (Zip code) Phone No.: ($ot'.) 3. - (o7,Z.5 Fax No.: 329' 71 V -k Email Address: 601ar o 0 kor a . rlt'~ C. 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." [ ] 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 forlots 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 1.1-62-31.1(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." [ j 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." [ J 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 Application for LCC Vanance.dcc v 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." 1 ] )I. 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•) cavESCeD \J0494'knK.E is Fo¢ t~+.R t1-bZ- 3l• 1 ~Q~ Z~(A~ : T~'crv kojftc- NVJ--'P, of T`~'C'c Sv3,:7C-t-T wC ~5 4,gt4r s.1. }R.E FEEC. \\\e L07 F~ttS S\N O~ E WN.Dw.fb onl CV \047k\ h ~ C 4~ rN C of MRAW. V -1v ~v N-~.E ~cE't, l ~~~5 LE hvES h wl E'C HRE~ OF y9- i'.Bl£ ~-A*tD dF 7, 248 sy~+RE ~~C. Tt4~. ~S'i...r.+r'~c'~i wks-CFwrt cZ~~ 1S. \,007 q.7.d. AND w~t.~ 6~ccEC-D 1bOb b~~ T, \p,ooO ~~`k~..E 'Pe'rt-t o'~vsvt`aVE yt..,+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 lot is 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.-Tv\E l.t°tL6C Lit~~yty ';EJ1C. s`tsI&A 7i S Gro -30 SFpaE --r*E ';Res~t~ W ova D rJoT C 1 y w a-6Z- 3~. \ Ca~CZ~CP~~ a~c+~vsE -c.s u-~1 \O,yoo SdvfM1£ FEZ OFvSrEv~t,E C,t~r~D~04. P.a t`S"~•nn`R''irfa 17_ FI.wJ o F lfooo t~pd. C. Describe in detail why the present or proposed equipment and/or operating conditions cannot Applicebon for LCC Varianmdcc 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. lIN 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. [ ] 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). 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. [1 (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 Variance.doc v as of December 9, 2004 Page 4 of 6 ] 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. (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 are essentially economically depressed. [}6 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. 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. 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"). III. CERTIFICATION: I,'1?{~ovrs¢ E cL~~ qk LIE mcE ye.rN , R.~ Fa~,ir~~2S NC•~ (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: / Date: 9~u ~o L DO NOT WRITE BELOW - FOR AG NCY~U~S`~E(" ;ONLY IV. Date Application received: ~J LV v Application for LCC Variance.doc v as of December 9, 2004 Page 5 of 6 V. Application No.: /?~V(1n' VI. Docket No.: V ~J V Y ~ V- 4 VII. Received by: KM - VIII. Filing fee ($300.00) check date: 0 (a Check # IX. Department of Health Receipt # X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC variance.doc v as of December 9, 2004 Page 6 of 6 Sooz 'S 'PO :.,.a - - - SMEOf0600LL :buimwp 9229-626 (B09) £_Iql 9-9111H 9or 6C496 IH VNOH-V(191VN V Y SMI ylno5 ozold lmyonH QZ906£ XO0'o'd 'Olll X51 a3UIc9UJ f, 21 NMd 311S OZ:6P-L-L (&Ahi or • (3 Hz~ ~JS $)yf W Q Q W U K 7 LL U Q Q ] F Q R F ~ 6w z O O6 < f v~i U' U F w f LL LL V Q w E ow w w Oy ad F N h_ 6U f Q 1 6 U ° W Cf) i Q I n V O N r J o Q LL ~ O Q Cy^ P ~LL Q O HQ f+ f0 w 66 E> Q. W S J d L S O F Q_ Z W a I V V 1 LL 3 W U Z V N _6 K m~ _'lll F LL W Y w i d F lV W p O X U E O U Q 1 _Y 13\ 1\ \8 a 0 mss .oau.est AVMHOIH ININVON ,w Transmittal Date: ~Ient 77 , Zou Suspense Date: Wastewater Branch Variance Application Docket No. APP WW Name/Title: L l Wul'i r-) w VM-t- Subject: Cover Letter, Public Notice and Variance Application ROUTE TO: Director of Health - Chi ome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, ENV - 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 L>d Kona - Dane Hiromasa (TMI(s 5, 6, 7, 8, 9) [ ] Hilo - Jerry Nunoqawa (TMKs 1, 2, 9, 4) [ ] Kauai - [ ] Maui - Roland Tejano [ ] Oahu - Johnny Ong Water Departments [ ] Board of Water Supply - Clifford Lum pC] 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 Matsubayasht Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [X ] District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City Sr County of Honolulu, Department of Planning 8r Permitting County of tb= ELI ( Council Oahu Nei hborhood Board u r 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 a 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 (808) 586-4294 fax (909) 596-4300. Received by WWB 2006 variance route slip - cover letter revised Mdoc as of 06/19/2006 vww