HomeMy WebLinkAboutCOM 1196.000 2004-2006
, ON4 LINDA LINGLE CHIYOME LEINAALA PUKING, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 98801-3378 File:
W )W34 PN CL
47 rn wb61053
October 18, 2006 O.--) o
Mr. Ronald Layaoen, Project Engineer
Okahara & Associates, Inc. z7
200 Kohola Street
Hilo, Hawaii 96720
Dear Mr. Layaoen:
Subject: Variance Application No. WW 234 Docket No. 06-VWW-23
Individual Wastewater System for Lailani Multi-Family Housing
Buildings 13, 1 6 & 17 - Septic Tanks L1 - L7
74-984 Manawalea Street, Kailua-Kona, Hawaii
TMK: (3) 7-4-017: 060
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 oniy. 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 eizabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone 329-9311 fax 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. C4 (a
Ref. To. Ref. Date NOV 0 2 2006
Mr. Ronald Layaoen
October 18, 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. ARIZUMI,
Chief, Environmental Man ment Division
Enclosures: Receipt No. 13856
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
vflawaii County Council
Applicant - Hawaii Public Housing Authority
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 234
DOCKET NO. 06-VWW- 3
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. Derek Fujikami of the Hawaii Public Housing Authority (HPHA),
Honolulu, Hawaii on behalf of the Lailani Multi Family Housing, has applied 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. Ronald Layaoen, Project Engineer of Okahara & Associates, Hilo, Hawaii is
the individual authorized to act for the applicant. The applicant is requesting the
continued use of seven (7) cesspools currently serving the three buildings that do not
have access to the County's public sewer system. The seven cesspools have been
designated to be upgraded by the addition of a septic tank and converting the
cesspools into seepage pits for effluent disposal. The variance is requested for five (5)
of the seven (7) proposed cesspool upgrades whose estimated flows exceed 1000
gallons per day. The property is located at 74-984 Manawalea Street, Kailua-Kona,
Hawaii, and identified as TMK: (3) 7-4-017: 060.
The applicant has made the following comments.
1. Five (5) of the seven (7) proposed individual wastewater systems (IWSs)
would receive more than 1000 gpd of wastewater. Three (3) of the
proposed IWSs would each receive 1,600 gallons per day of wastewater
and two (2) of the proposed IWSs would each received 1,200 gallons per
day of wastewater.
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 facility has been in operation for 19 years in this location using the
existing cesspool. The installation of a wastewater treatment plant is lieu
of a septic system will not be possible due to space restrictions and may
force the owner to abandon the business operation.
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 1WS (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 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.
7. The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
8. The variance is requested for the maximum of five (5) years.
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
State of Hawaii, Department of Health
Wastewater Branch
APPLICATION FOR VARIANCE
Primarily Concerning Large Capacity Cesspools
Individual Wastewater System for
La'ilani Multi-Family Housing (HA E-11)
Bldgs. 13,16 & 17 - Septic Tanks "L1" thru "L7"
Kailua-Kona, North Kona, Hawai'i Island
TMK: (3) 7 - 4 - 017: 060
Prepared for
State of Hawaii
Hawaii Public Housing Authority
Prepared by
Okahara & Associates, Inc
September, 2006
State of Hawaii Wastewater Branch
Department of Health Application No. WW
Environmental Management Division Docket No. Via- VWW -
APPLICATION FOR VARIANCE - Primarily Concerning Larne 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: Hawaii Public Housing Authority HPHA (Formerly HCDCH)
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: HPHA, Attn: Derek Fuiikami
1002 North School Street
Honolulu Oahu 96817
(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
[ ] Golf course clubhouse / restroom
[ ] Restaurant / food establishment
[ ] Others, please specify:
[ ? ] Residential LCC
[ } Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. L_3 ) 7 - 4 - 017 060
Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
74-984 Manawale'a Street
(number) (street)
Kailua-Kona Hawaii 96740
(City) (Island) (Zipcode)
B. Individual authorized to act for applicant:
Name: Ronald Layaoen Title: Project Engineer
Address: Okahara & Associates, Inc.
200 Kohola Street
Hilo Hawii 96720
(City) (Island) (Zip code)
Phone No.: (808) 961-5527 Fax No.: (808) 961-5529
Email Address: hilo@okahara.com
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 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."
[ ] 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(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 Variance.doc 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."
II. 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.)
Please see Attachment "A-1"
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.
[ j 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 gallons per
day.
[,t] If not in the choices, please specify. 5 of the 7 proposed IWS would receive more than
1000 gpd of wastewater. 3 of the proposed IWS would each receive 1,600 gallons per
day of wastewater, and 2 of the proposed IWS would each receive 1,200 gallons per
day of wastewater.
C. Describe in detail why the present or proposed equipment and/or operating conditions cannot
Application for LCC Variance.doc vww 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.
[v] 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.
[,t] The facility has been in operation for 19 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.
(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 w 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.
[ ] 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. Please See Attachment "E-1"
[ 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").
Please See Attachment T-1"
III. CERTIFICATION:
Derek H. Fujikami Project Manager / Building Engineer
(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 knowled nd li
Signature: -
Date: S /L`' ~o li
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: Q cto ber 9-1 1-00(0
Application for LCC Vanance.doc v as of December 9, 2004 Page 5 of 6
V. Application No.: V Y 2'~~
VI. Docket No.: Co- V M W r 23
VII. Received by: L-N M
VIII. Filing fee ($300.00) check date: O q .211 u V Check # 00115()
IX. Department of Health Receipt # 132)5(0
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
ATTACHMENT "A-1"
Requested variance is for HAR 11-62-31.1 (a) (1) (D): La'ilani Multi-Family
Housing consists of I, 2 and 3 bedroom dwelling units contained in 17 two story
buildings onsite. There are approximately 43 cesspools located within the property
which serve the various buildings. In a separate project, dry sewerlines will be installed
within the property to allow connection to a future Hawaii County Public Sewer system.
Based on Hawaii County wastewater design plans for the area, the future public sewer
system will be accessible to only 14 of the 17 buildings. Those cesspools currently
serving the 14 buildings will remain in service until the County's public sewer system is
completed within a couple years, at such time, those cesspools will then be abandoned
and backfilled.
There are seven (7) cesspools currently serving the three buildings that will not have
access to the County's future public sewer system. These seven cesspools have been
designated to be upgraded with the addition of a septic tank and conversion to a seepage
pit for effluent disposal
The estimated wastewater flow vanes for each of the seven proposed IWS, and are as
follows:
Septic Tank "L 1": 1600 gpd Septic Tank "15": 1200 gpd
Septic Tank "12": 1600 gpd Septic Tank "16": 800 gpd
Septic Tank "L3": 800 gpd Septic Tank "17: 1600 gpd
Septic Tank "L4": 1200 gpd
The variance is requested for five (5) of the seven (7) proposed cesspool upgrades whose
estimated flows exceed 1000 gallons per day.
The wastewater currently being discharged into each of the designated seven cesspools
will be rerouted thru a new septic tank for treatment before being discharged into the
original cesspool. Wastewater from dwelling units not currently discharging into a
particular cesspool will not be redirected into any other cesspool. As such, the number of
dwelling units currently discharging into a particular cesspool will not change.
ATTACHMENT "E-1"
The La'ilani Multi-Family Housing Facility is located on the Western portion of
the Island of Hawai'i. During the project's preliminary design stages, we consulted with
the County's Department of Environmental Management regarding the availability of
public sewer service to the subject project site. Hawaii County currently (as of Sept.
2006), has a project to design and install a public sewer system along Manawale'a Street
(see Figure 2), that will be accessible by the La'ilani property. This sewer system is
scheduled to be operational within 2 or 3 years. A majority of the La'ilani buildings will
have reasonable access to the future sewer system. Three (3) of the La'ilani buildings
(building nos. 13, 16 & 17) do not have access to the future sewer system.
With Reference to Figure 2, the County of Hawaii confirmed that there is a dry
sewerline running within Kealakehe Street, on the southern border of the property, which
is accessible to building nos. 13, 16 & 17. Although the sewerline has been in place for a
number of years, it has remained unused and out of service since there is no connection
of that line to the wastewater treatment plant in the area. County of Hawaii stated that
there are no immediate plans (greater than 5 years) for connection of the Kealakehe Street
sewerline to the wastewater treatment plant.
As part of a separate project, the State has proposed to install dry sewerlines
within the La'ilani property to serve the three buildings (nos. 13, 16 & 17), with the
intent that if the County provides a working sewerline along Kealakehe Street, those 3
buildings will then have the ability to readily connect to the public sewer system. In the
interim, the existing seven (7) cesspools serving the three buildings will be upgraded.
Thus, the proposed seven Individual Wastewater Systems (IWS) will be in service
for longer than the maximum 5 years under which the requested variance would be in
effect for. It is requested that a variance be issued for five (5) years with automatic
renewal for either the life of the facility or at such time that the County completes the
pubic sewer system along Kealakehe Street.
Transmittal Date: Suspense Date: NO V. 17,2-00(a
Wastewater Branch Variance Application Docket No. -VWW- APP WWI
Jim, c r2G
Name/Title: La x(I I l a i-h
Subject: Cover Letter, Public Notice and Vari e A licatio
ROUTE TO:
Director of Health - Chi ome Leinaala Fuldno
De ty Director for Environmental Health Administration - Laurence Lau
Chief, WD - Thomas & Arizuini
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
['\i Kona - Dane Hiromasa (TMKs 5, 6, S, 9)
[ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ) Kauai -
[ 1 Maui - Roland Teiano
[ ]Oahu-Johnny On
Water Departments
[ ] Board of Water Supply - Clifford Lum
i y1 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 Ueno, Chief Sanitarian .
City 8r County of Honolulu, Department of Planning Sr Permitting
County of Council ,
Oahu Nei hborhood Board
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8r Variance Application, please check one box:
[ 1 Recommend to GRANT this variance application.
[ l Have no objection to the GRANTING of this variance application.
[ l Recommend to DENY this variance application.
[ [ See attached comments.
Reviewed by Contact Phone o Fax
Please return this ROUTE SLIP. You may add a se crate sheet of comments to this.
Return this to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96914-4920
phone (808) 586-4294 fax (909) 586-4300.
Received by W WB 2006 variance route slip - cover letter revised PN.doc as of 0611512006 vww