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HomeMy WebLinkAboutCOM 1195.000 2004-2006 ~ o a A~//////~ 110 SD 7 LINDA LINGLE + P CHIYOME LEINAALA FOKINO, M.D. GOVERNOR OF HAWAII ^e1 DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 233 PN CL wb61043 October 17, 2006 29 00 Mr. Valentin E. Bueno z Parsons, Brinckerhoff, Quade & Douglas, Inc. American Savings Bank Tower 1001 Bishop Street Suite 2400 Honolulu, Hawaii 96813 Dear Mr. Bueno: Subject: Variance Application No. WW 233 Docket No. 06-VWW-22 Use of Individual Wastewater Systems at Kilauea Military Camp Recreation Center Crater Rim Road, Hawaii National Park, Hawaii TMK: (3) 9-9-001: 001 The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 34210-7, 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 elizabeth@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.com Comm. No•-1.1_ Ref. To: Ref. Date ~Inti 0 2 ~Qa~ Mr. Valentin E. Bueno October 17, 2006 Page 2 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. 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. ARIZ P. . Chief, Environmen a agement Division Enclosures: Receipt No. 13855 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 D' trio Health Office - Hilo awaii County Council Applicant - Directorate of Public Works, Wheeler Army Airfield WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 233 DOCKET NO. 06 - VWW - 22 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. The Directorate of Public Works, Wheeler Army Airfield, U.S. Army Garrison, Hawaii, Schofield Barracks, Hawaii, has applied for a variance for a five (5) year variance from 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." Mr. Valentin E. Bueno, Design Engineer from Parsons, Brinckerhoff, Quade & Douglas, Inc, Honolulu, Hawaii is the individual authorized to act for the applicant. The applicant has stated that there are existing buildings at the Kilauea Military Camp (KMC) facility serviced by several large capacity cesspools. The large capacity cesspools must be taken out of service and replaced with onsite wastewater systems. These onsite wastewater systems would be treating more than the maximum 1000 gpd allowed. The subject project is a recreation facility - rental units, located at Crater Rim Road, Hawaii National Park, Hawaii and identified as TMK: (3) 9-9-001: 001. The applicant has made the following comments. 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 see Attachment B gallons per day. 2. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 to comply with federal requirements. 3. 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. 4. 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. 5. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 6. 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. 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 Transmittal 9% ft ==ioo MAR Parsons American Savings Bank Tower, Brinckerhoff Suite 2400 1001 Bishop Street Honolulu, HI 96813 808-531-7094 Fax: 808-528-2368 to Harold Yee from Valentin E. Bueno DOH - Wastewater Branch date September 25, 2006 time 01:26 PM 919 Ala Moana Blvd, Rm 309 project Septic Systems at Kilauea Military Camp project number 16424C via: for your.., the following: ? mail ? information/use ? shop drawings ? change order ? specifications o messenger O approval ? copy of letter [9 plans ? other ? fedex O review/comment ? pants ? samples drawing rev. no. description copies date 1 IWS Variance Application Package 1 9/2006 IWS Variance Application Check 1 9/2006 IWS Review Fee Check 1 9/2006 1 If enclosures am not as noted, kindly notify us at once. comments Hi Tom, Thanks for the call alerting me about the fees. I am attaching the fees and the second a second copy of the IWS Variance (as stated on the cover sheet) Aloha, copies to signature: Valentin E. Bueno Over a Century of Engineering Excellence State of Hawaii Wastewater Branch Department of Health Application No. WW i5_3 Environmental Management Division Docket No. 0- VWW - J 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). I. GENERAL INFORMATION (please print or type): A. Name: Directorate of Public Works (Corporation, company, agency, firm, etc. seeking variance) Mailing address: 947 Wright Avenue Wheeler Army Airfield. U.S. Army Garrison . Hawaii Schofield Barracks Hawaii 96857-5000 (City) (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ J Non-Residential LCC [ ] Retail Business [ ] Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ] Restaurant / food establishment [ X ] Others, please specify: Recreation Facility - Rental Units [ ] Residential LCC [ ] Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. ( 3 ) 9 - 9 - 01 : 001 l 1=Oahu 2=Maui 3=13ig island 4=Kauai Crater Rim Road (number) (street) Hawaii National Park Hawaii 96718-0216 (City) (Island) (Zip code) B. Individual authorized to act for applicant: Name: Valentin E. Bueno Title: Design Engineer Address:-Parsons, Brinckerhoff Quade & Douglas Inc Suite 2400 American Savings Bank Tower, 1001 Bishop Street Honolulu Hawaii 96813 (City) (Island) (Zip code) Phone No.: 808-531-7094 Fax No.: 808-528-2368 Email Address: buenoftbworld com C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [ X ] 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) "Forresidential developments. Area of the lotshall 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 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(s)(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 which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed." IL 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.) Requested Variance is for HAIR Section 11-62-31.1(a)(1)(D). The existing buildings at the KMC facility are serviced by several large capacity cesspools. See attachment Al. A2, and A3. In general, several buildings are serviced by a cesspool. The IWS designed for the conversion of the LCC's would need to treat the combined wastewater flow from the buildings previously connected to each cesspool. These IWS designs would be treating more than the maximum 1000 GPD allowed. See Attachment B for the estimated wastewater flows per IWS and Wastewater Flow Calculations. 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. [ X ] 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 See Attachment B) 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 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. [ X ] 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. [ j 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). [XI 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. (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. [ X ] 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. [ ] 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. [ X ] 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. [ X ] 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, Valentin E. Bueno Design Engineer, Parsons Brinckerhoff (print name) (print title) certify that 1 have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. ~2a , Signature: Date: J nBE& W;W DO NOT WRITE BELOW - FOR AGEN~CY USE ONLY IV. Date Application received: to II ot~ - ( V. Application No.: V `(v~v w VI. Docket No.: 10~`I~?([~V/~ `yV ' " l VII. Received by: "y-M VIII. Filing fee ($300.00) check date: n` ~y(0 Check # 1 IX. Department of Health Receipt # J X. Decision on Application (including date): XI. Date of Public Hearing: Attachment A OHALA , { VVAIMEA l ~ , }"MUANA KEA 0 HIL ~ a \HUALALAIII KONA MAUNA LOA f ° KILAU A a 1 VOLCANO PROJECT LOCATION SOUTH POINT VICINITY MAP KILAUEA MILITARY CAMP = KILAUEA MILIT CAMP 7 kl~ B~ ~O HAWAII NATIONAL VOLCANOES PARK LOCATION PLAN KILAUEA MILITARY CAMP M O s wn .I I a13 Lk~win i w -v \ . 1 w 1 ~ O Kilauea Military Camp Site Plan PB Attachment B Attachment 8-1 - Estimated Wastewater Flow per IWS Cess ool # IWS # Estimated Flow GPD Variance Required 2 50 Yes 4 00 Yes 6 20 Yes 7 60 Yes 9 20 No 10 00 No 00 No 11 90 Yes 12 020 Yes 1 M204',670205 00 Yes 13 00 Yes 14 20 Yes 17 20 Yes 18 80 Yes 20 725 Yes 20A* 1,200 Yes Reference: "Title 11, Chapter 62, Hawaii Administrative Rules", Department of Health, State of Hawaii, December 2004 and Uniform Plumbing Code - Appendix K9, 2003. * Systems 10A and 20A are graywater systems that utilize absorption beds for disposal of laundry wastewater. Attachment C Attachment C-1 - Time Period Requested for Variance The maximum 5-Year Variance period is requested for this variance due to the permanence of the IWS installation. Sewer coverage maps available from the Hawaii County Department of Environmental Management, Wastewater Division indicate that there are no plans to provide sewers in the project area within the next ten year period (see Attachment C-2). Additionally, there is insufficient space at Kilauea Military Camp to construct IWS's that comply with the 1000 GPD maximum. Historical, geological and ecological concerns limit the amount of space available for new IWS's. r rv Y ( f °r rn I ar ~ ~ ~ rl ~ e 7 d I -~r II Li+~ 1, 71 cis _L.LI}{I` I.{'{I 11 ,{{l I,,I~a 1~ a-x.: v.i-.~1. 1 J : ' ~r _li- r 4 ~ { 1j 1 I r ~ , 1 { - a Y S~ r I - ~ y f c_ Q L~ ll!~~ ~ (J A 1 ~ ~ f ~ ~I C cli a ;!I L- - _ : ~_I I CL v a~ t r tl r_ ~ t \ ~ 4_ 1 i Transmittal Date: Q `1.© Suspense Date: Wastewater Branch Variance A plication Docket No. Q L) -VWW-2&7 APP " WW 2~~ Name/Title: k j Cl of htq ti Subject: Cover Letter, Public Notice a Variance Application ROtM TO: Director of Health - Chi ome 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 -Dane Hiromasa (TMKs 9,6,7,9,9) [ ] Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ 1 Kauai - [ 1 Maui - Roland Tejano [ ] Oahu - Johnny On Water Departments [ ] Board of Water Supply - Clifford Lum [X 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 District Health Office - Hilo - Aaron Veno, Chief Sanitarian , City & County of Honolulu, Department of Planning & Permitting County of M'Lt'a I Council Oahu Nei bborhood Board IN i4 c trirutf e- VLA C' i'T'vhs 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. [ J Recommend to DENY this variance application, [ ] See attached comments, Reviewed by Contact Phone Fax • Please return this RO= 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) 586-4300. Received by W WB 2006 variance route slip - cover letter revised PN.doc as of 06/19/2006 vww