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Home My WebLink AboutCOM 1197.000 2004-2006 , °-''so 4 :O LINDA LINGLE CFIIYONIE 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: WIN 223 FINAL DEC CL wb61058 October 18, 2006 ti7 z CERTIFIED MAIL 70051160 0001 8381 4328 01 o C., _ RETURN RECEIPT REQUESTED Z Mr. Reynald Aurelio -v P.O. Box 1841 Honokaa, Hawaii 96727 rv I- Dear Mr. Aurelio: Subject: Variance Application No. WW 223 Docket No. 06-VWW-12 Use of Two (2) Individual Wastewater Systems (IWSs) at 45-3175 Chia Street, Honokaa, Hawaii TMK: (3) 4-5-020: 002 Area: 17,387 square feet Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was DENIED on October 6, 2006. 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, CHIEF 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 - Hilo Staff Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo Mr. Leo Fleming, Engineer _ Comm. No. 101 Ref. To. Rtf- Late NUV STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-12 Variance Application No. WW 223 ) for Individual Wastewater System ) Use of Two (2) Individual Wastewater ) ) Systems (IWSs) on a 17,387 square ft lot at 45-3175 Ohia Street ) Honoka'a, Hawaii 96743 ) TMK: (3) 4-5-020: 002 ) 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 11-62-31.1(a)(1)(C) is hereby DENIED. DATED: Honolulu, Hawaii, October 6. 2006 ZfYI w THOMAS E. ARIZUMJ~ P. , CHIEF Environmental Management Division STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VW W-12 Variance Application No. WW 223 ) for Individual Wastewater System ) Use of Two (2) Individual Wastewater ) Systems (IWSs) on a 17,387 square ft. ) lot at 45-3175 Ohia Street ) Honoka'a, Hawaii ) TMK: (3) 4-5-020: 002 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Reynald Aurelio of Honokaa, Hawaii for a five (5) year variance from Hawaii Administrative Rules (HAR), Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(C) was reviewed by the Department of Health staff, and a public notice of the application was printed in the July 19, 2006 issue of the Honolulu Star Bulletin and the July 19, 2006 issue of the Hawaii Tribune Herald publications. Three (3) comments pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The applicant has applied for a five-year variance from HAR, Section 11-62-31.1(a)(1)(C) pertaining to the minimum lot area needed for each individual wastewater system. The applicant is requesting the use a septic tank system for a proposed three (3) bedroom dwelling to be located at 45-3175 Ohia Street, Honokaa, Hawaii and identified as TMK: (3) 4-5-020: 002. The property already has a three (3) bedroom dwelling on which is served by a cesspool. The lot is only 17,387 square feet in area. The applicant has made the following statements. 1. There is an existing cesspool for the existing three (3) bedroom residence. The proposal is to use a septic system for the three (3) bedroom "ohana" residence. 2. The lot size is 17,387 square feet. 3. The lot size is fixed. Reynald Aurelio Variance Application WW 223, Docket No. 06-VW W-12, Findings of Fact and Conclusions of Law, Page 1 4. There will be no harm to the public interest and it allows the permitted use of an "ohana" dwelling. 5. The area requirement is only slightly above the actual area available. There is adequate land for two (2) systems. 6. Compliance can not be met as the land owner would have to forego "ohana" residence construction required for his expanded family. 7. It is requested for five (5) years with automatic renewal for the life of the construction. A plot map has been attached to this application for variance but can not be shown here. The following agencies submitted the following comments: 1. The Clean Water Branch submitted the following comment: Has 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 a potential underground source 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; and C. Whereas the proposed individual wastewater system will consist of a septic tank and an absorption bed, we have no objection to this variance. Please contact Jamie Rimando at telephone (808)586-4258 if you have any questions. 3. The Wastewater Branch recommends the denial of this variance for the following reasons: a. The application and supporting information failed to show that the granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342D-6(c)(4). b. The applicant can construct a second dwelling on the property and connect both dwellings to a new septic system. However, the new dwelling is limited to only two (2) bedrooms as the existing dwelling already has three (3) bedrooms in it. Reynald Aurelio Variance Application WW 223, Docket No. 06-VW W-12, Findings of Fact and Conclusions of Law, Page 2 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 hereby DENIED. DATED: Honolulu, Hawaii, October 6. 2006 THOMAS E. ARIZ P.E. CHIEF Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Reynald Aurelio Variance Application WW 223, Docket No. 06-VW W-12, Findings of Fact and Conclusions of Law, Page 3 C Transmittal Date: 0 , Wastewater Branch Variance Application Docket No. APP u WW Name/Title: jl UF Subject: Final Signe ecision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law ROUTE TO: t of Health - Chi ome Leinaala Fukino Director for onmen tal Health Administration - Laurence Lau D - Thomas E. Arizumi Generals Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Coo r ter Branch - Denis Lau nvronmental Planning Office - Kelvin Sunada Safe Drinking Water Branch - Stuart Yamada o Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel I 1 Kona -Pane 14b rasa (TMKs 5, 6, 7, 9, 9) Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) I 1 Kauai - [ 1 Maui - Roland Tejano ( [ Oahu - Johnn O Water Departments [ 1 Board of Water Supply - Clifford Lum D~j County of Hawaii Dept of Water Supply - Milton Pavao [ 1 County of Maui Dept of Water Supply - George Y. Tengan [ 1 Kauai County De artment 'of Water - Edward Tschu [ 1 District Health Office - Maui - Herbert MatsubayashL Chief Sanitarian I 1 District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [ istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian. City & County of Honolulu, Department of Planning 8r Permitting County of Council Oahu Nei hborhood Board u 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 (809) 586-4300 2006 variance route slip - final decision.doc as of 06/15/2006 vww ,