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Home My WebLink AboutCOM 1194.000 2004-2006 4'•~ \p5p rf(' CHIYOME LEINAALA FUKINO, M.D. LINDA LINGLE a1 GOVERNOR OF HAWAII DIRECTOR OF HEALTH [/y STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 P rgply, please refer to: HONOLULU, HAWAII 96001-3378 o File: V6429 W Dec CL C . ~wb61p$5 October 26, 2006 t-A Mr. Ronald Nickel, P.E. 12-7109 Kalaunu Street ro Pahoa, Hawaii 96778 i_ Dear Mr. Nickel: Subject: Variance Application No. WW 229 Docket No. 06-VWW-18 The Use of an Individual Wastewater System (IWS) with Flow Greater Than 1600 GPD at 64-5196 Kinohou Street, Kamuela, Hawaii TMK: (3) 64-006: 002 22,146 square feet 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, November 17, 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, P.E., 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 istrict Health Office - Hilo ?Nawaii County Council Applicant - Equilion Enterprises Comm. No. (144 Ref. To: ` Ref. Date NOV 0 2 2006 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-18 Variance Application No. WW 229 ) for Individual Wastewater System ) The Use of an Individual Wastewater System ) (IWS) with Flow Greater Than 1600 GPD ) DRAFT SIGNATURE NOT REQUIRED at 64-5196 Kinohou Street, Kamuela, Hawaii ) TMK: (3) 6-4-006: 002 22,146 square feet ) 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)(2)(A) is hereby 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. If a seepage pit is used for effluent disposal, the septic tank shall be fitted with an effluent filter. 3. The septic tank shall be enlarged to accommodate sludge and scum formation in the tank. 4. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit shall be properly permitted by the Underground Injection Control program. 5. If a soil absorption bed or trenches are used for effluent disposal, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 6. 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-VW W-18 Variance Application No. WW 229 ) for Individual Wastewater System ) The Use of an Individual Wastewater System ) (IWS) with Flow Greater Than 1600 GPD ) DRAFT SIGNATURE NOT REQUIRED at 64-5196 Kinohou Street, Kamuela, Hawaii ) TMK: (3) 6-4-006: 002 22,146 square feet ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Equilion Enterprises, dba Shell Oil Products of Carson, California for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11- 62-03 and Section 11-62-31.1(a)(2)(A) was reviewed by the Department of Health staff, and a public notice of the application was printed in the September 7, 2006 issue of the Honolulu Star Bulletin and the September 8, 2006 issue of the West Hawaii Today publications. Two (2) 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. Ronald Nickel, Civil Engineer, 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)(2)(A) which states "Developments involving buildings other then 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." The applicant is requesting to use an individual wastewater systems (IWSs) with a wastewater flow greater than 1600 gpd on a lot with 22,146 square feet. The property is located at 64-5196 Kinohou Street, Kamuela, Hawaii, has 19,466 square feet of useable land and is identified as TMK: (3) 6-4-006: 002. Equilion Enterprises dba Shell Oil Products Variance Application WW 229, Docket No. 06-VW W-18 Findings of Fact and Conclusions of Law, Page 1 The applicant has made the following statements. 1. 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. 2. 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. 3. Prevent loss of jobs. The LCC serving my facility has been in operation for 16 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. 4. The LCC will be upgraded to meet the EPA standard with the addition of a septic tank and filter. 5. The proposed treatment individual systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvement to the existing cesspool in terrns 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. The following agencies submitted the following comments: 1. The Safe Drinking Water Branch submitted the following comments: A. The site is located above the Underground Injection Control (UIC) line; B. We have no objection to granting the variance; C. Apparently, the existing cesspool (injection-well cesspool) received greater than 1000 gallons per day (gpd) and thus should have been registered with a UIC permit. The continued operation of an injection-well cesspool converted to a seepage pit requires a UIC permit. The abandonment of an injection-well cesspool also requires UIC program oversight. We recommend that the facility's consultant contact Norris Uehara of the UIC Program on Oahu at (808)586-4258 to discuss UIC regulatory requirements. Equilion Enterprises dba Shell Oil Products Variance Application WW 229. Docket No. 06-VWW-18 Findings of Fact and Conclusions of Law, Page 2 2. The Wastewater Branch states that there is no sewer service system available for connection and therefore recommends the granting of this variance application with these submitted comments: A. 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. B. If a seepage pit is used for effluent disposal, each septic tank shall be fitted with an effluent filter(s). C. If a soil absorption bed or trenches are used for effluent disposal, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. D. 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 not 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 is hereby GRANTED for five (5) years with the following provisions: Equilion Enterprises dba Shell Oil Products Vadance Application WW 229, Docket No. 06-VWW-18 Findings of Fact and Conclusions of Law, Page 3 ti 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. If a seepage pit is used for effluent disposal, the septic tank shall be fitted with an effluent filter. 3. The septic tank shall be enlarged to accommodate sludge and scum formation in the tank. 4, If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit shall be properly permitted by the Underground Injection Control program. 5. If a soil absorption bed or trenches are used for effluent disposal, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 6. 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. Equilion Enterprises dba Shell Oil Products Variance Application WW 229, Docket No. 06-VW W-18 Findings of Fact and Conclusions of Law, Page 4 Transmittal Date: 2000 Suspense Date: Wastewater Branch Variance Ap lication Docket No. Q(a - VWW - APP * WW Name/Title: ( n Y1 U Q I Ot CO['?'1 i Subject: Draft Decisi n Letter with Decision & Order and Findings of Fact & Conclusions of Law ROUTE TO: Director of Health - Chi ome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, MAD - 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 Sunada ° Safe Drinkin Water Branch - Stuart Yamada i Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ )kj Kona - Dane lliromasa (TMKs 5, 6,7,5,9) [ j Hilo -Jerry Nunogawa (TMKs 1, 2, 3,4) I 1 Kauai - [ j Maui - Roland Tejano [ ] Oahu - Johnn On Water Departments [ I Board of Water Supply - Clifford Lum ( 5<1 County of Hawaii Dept of Water Supply - Milton Pavao , [ I County of Maui Dept of Water Supply - George Y. Tengan I I Kauai Coup Department of Water - Edward Tschu [ j District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ I District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [ kj District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City & County of Honolulu, Department of planning & Permitting County of Mt Council Oahu Neighborhood Board 117Y1 f,Il ~SerS ~ 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 Moana Blvd, Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300. Received by WWB 2006 variance route slip - draft decisiondoc as of 06/15/2006 vww