HomeMy WebLinkAboutCOM 1115.000 2004-2006
-4~/tee 1059 kK.
LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please rater to:
HONOLULU, HAWAII 96801-3378 File:
WW 224 FINAL DEC CL
Wb61082
October 23, 2006,
CERTIFIED MAIL 70051160 0002 3838 8071 Ott
RETURN RECEIPT REQUESTED C Y c
Mr. Ronald Layaoen -o
Okahara & Associates, Inc. " :a
200 Kohola Street '
Hilo, Hawaii 96720
u
Dear Mr. Layaoen:
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 the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on
October 18, 2006 for five (5) years. We are enclosing for your information the Findings of
Fact and Conclusions of Law.
Please note the variance conditions and if there are any questions relative to the variance,
please do not hesitate to contact Mr. Harold Yee, Chief of the Wastewater Branch at our direct
toll free phone number 974-4000 ext. 64294, fax (808) 586-4300.
Sincerely,
THOMAS E. ARIZUMI, P. HIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
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
Mr. Derek Fujikami, HPHA
Comm. No. ~ ~ S
Rel. To,
R®f• Dgte NN 0 2 2006
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 )
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 IWSs shall be approved in
writing before being placed into service.
2. If the existing cesspools are used as seepage pits for effluent disposal,
than 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. If soil absorption beds or trenches are used for effluent disposal, the
existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program.
8. The project shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, October 18, 2006
THOMAS E. ARIZUMI, P.E., IEF
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 )
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."
The applicant has stated that the estimated wastewater flows to the proposed individual
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VW W-13
Findings of Fact and Conclusions of Law. Page 1
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 were attached to this application for variance but can not be shown here.
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VW W-13
Findings of Fact and Conclusions of Law, Page 2
The following agencies submitted the following comments:
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 has determined that there is no sewer service system
within the vicinity and therefore, 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. if the existing cesspool is used as a seepage pit for effluent disposal,
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.
Pahala Elderly Housing Variance Application WW 224, Docket No. D6-VW W-13
Findings of Fact and Conclusions of Law, Page 3
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.
F. The septic tank serving four (4) dwelling units (Buildings 1 & 2) shall be
enlarged to a minimum volume of 1,250 gallons.
G. If soil absorption beds or trenches are used for effluent disposal, the
existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program.
H. 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.
Pahala Elderly Housing Variance Application WW 224, Docket No. 06-VWW-13
Findings of Fact and Conclusions of Law, Page 4
2. If the existing cesspools are used as seepage pits for effluent disposal, than
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 property 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. If soil absorption beds or trenches are used for effluent disposal, the existing
cesspools shall be abandoned per the requirements of the Underground Injection
Control program.
8. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, October 18, 2006
THOMAS E. ARIZUMI, P.E., IEF
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-V W W-13
Findings of Fad and Conclusions of Law, Page 5
Transmittal Date: 30
Wastewater Branch Variance Application Docket No. - VW - _ APP * WW
Name/Title: a l , U er i 'Mtuod - l1
Subject: Final Signed Decision Cover Lettbr, Signed Deci n & Order & Findings of Fact & Conclusions of Law
ROUTS TO:
Director of Health - Chi ome Leinaala Fukino
Deputq Director for Environmental Health Administration - Laurence Lau
Chief, MAD - Thomas & Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Coo
Clean Water Branch - Denis Lau
Environmental Planning Office - Kelvin Sunada
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ 1 Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnn O
Water Departments
[ ] Board of Water Supply - Clifford Lum
f [ ] C County of Hawaii Dept of Water Supply - Milton Pavao
ounty of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County De ent of Water - Edward Tschu
[ ] District Health Office - Maui - Herbert Matcubayashi, Chief Sanitarian
] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
[ District Health Office - Hilo - Aaron Ueno, Chief Sanitarian
City & County of Honolulu, Department of Planning & permitting
County of - ( Council
Oahu Neighborhood Board
My . i k i~(~n l 4114A-
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
X The attached is for your information to file or discard at your discretion. No action is required.
Thank you for your assistance in the variance application process.
From Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300
2006 variance route slip - final decision.doc as of 06/15/2006 vww