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Home My WebLink AboutCOM 1198.000 2004-2006 r ,YS? b y \i LINDA LINGLE CMIYOME LEINMLA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH 'br.,Pp.e,fi' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 226 Draft Dec CL wb61055 r.. r> t?i October 18, 2006 i ) 0O 7 c Mr. Dennis T. Inouye Septic Designs 884 Kupulau Road Hilo, Hawaii 96720 N ; Dear Mr. Inouye: H~ Subject: Variance Application No. WW 226 Docket No. 06-VWW-15 Lisa S. Sakanashi - Proposed Septic System to Service a Proposed Two Bedroom Dwelling on Subject Property with Existing Three Bedroom Dwelling with Existing Cesspool 17-520 Akaakai Street, Keaau, Hawaii TMK: (3) 1-7-026: 016 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 9744000 ext. 64294, fax (808)586-4300 no later than the close of business on Friday, November 10, 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, ;Divi T??HOMAS E. ARIZUMI,~ E., IEF ironmental Manageme sion Env 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 - Hilo Branch Department of Water Supply - County of Hawaii gistrict Health Office - Hilo aic County Council Applicant - Ms. Lisa Sakanashi ~ 198 Comm. No. Ref. To: Ref. Date NOV 0 2 206 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-15 Variance Application No. WW 226 ) for Individual Wastewater System ) Proposed Septic System to Service ) DRAFT - SIGNATURE NOT REQUIRED a Proposed Two Bedroom Dwelling ) on Subject Property with Existing ) Three Bedroom Dwelling with ) Existing Cesspool ) 17-520 Akaakai Street ) Keaau, Hawaii ) TMK: (3) 1-7-026: 016 ) 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)(A) is hereby DENIED as only one (1) individual wastewater system (IWS) will be allowed per lot. 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-VWW-15 Variance Application No. WW 226 ) for Individual Wastewater System ) Proposed Septic System to Service ) DRAFT - SIGNATURE NOT REQUIRED a Proposed Two-Bedroom Dwelling ) on Subject Property with Existing ) Three Bedroom Dwelling with ) Existing Cesspool ) 17-520 Akaakai Street ) Keaau, Hawaii ) TM K: (3) 1-7-026: 016 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Lisa Sakanashi, Oihana Street, Hilo, Hawaii, for a one (1) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(A) was reviewed by the Department of Health staff, and a public notice of the application was printed in the August 28, 2006 issue of the Honolulu Star Bulletin and the August 30, 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 individual authorized to act for the applicant, Mr. Dennis Inouye of Septic Designs, Hilo, Hawaii, has applied for a one-year variance from the Hawaii Administrative Rules (HAR), Section 11 -62-31.1 (a)(1)(A) which states that "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." The applicant is proposing to use a septic system to serve a proposed two (2) bedroom dwelling. The subject property has an existing three (3) bedroom dwelling with an existing cesspool. Due to the topography of the property and the location of the existing cesspool, modifying the cesspool is not a viable option. Therefore, the applicant is requesting to use a second individual wastewater system (IWS) on the property. The subject property is 18,774 square feet in size and is located at 17-520 Aka'akai Street, Keaau, Hawaii and is further identified as TMK: (3) 1-7-026: 016. Lisa Sakanashi variance Application WW 226, Docket No. 06-VW W-15, Findings of Fact and Conclusions of Law, Page 1 The applicant has made the following statements. 1. The area of the lot is 18,774 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. 2. Proposed is another IWS to be constructed on this 18,774 square foot lot. The existing topography prohibits an economical upgrade to the present cesspool to accommodate two (2) dwellings. 3. The subject property allows two (2) dwellings with a combined total of five (5) bedrooms serviced with one (1) septic system. Due to the topography, this request is to construct a 2n° IWS for a proposed two (2) bedroom dwelling. This 2n° dwelling aids in today's housing shortage. 4. The existing dwelling has an approved IWS. The proposed 2ntl dwelling shall comply with the correct IWS requirements. 5. The variance is requested for the minimum of one (1) year. A plot map has been attached to this application for variance. The following agencies submitted the following comments: 1. The Clean Water Branch submitted the following comments: Have no objections to the granting of this variance application. 2. The Safe Drinking Water Branch submitted the following comments: A. The project site is situated "mauka" or above the Underground Injection Control 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; and B. We have no objection to this variance provided that the wastewater flow amount does not exceed 1000 gallons per day. Please contact Jamie Rimando at telephone (808)586-4258 if you have any questions. 3. The Wastewater Branch submitted the following comments: A. The subject project is located in the Critical Wastewater Disposal Area (CW DA) with one (1) acre lot exception (if a property is sized one acre or more, one (1) cesspool individual wastewater system (IWS) may be allowed to service a total of five (5) bedrooms or bedroom like rooms). Use Sakanashi Variance Application WW 226, Docket No. 06-V W W-15, Findings of Fact and Conduslons of Law, Page 2 B. We have no treatment IWS files on record for the subject property. C. Finally, the Wastewater Branch recommends the denial of this variance application as only one (1) individual wastewater system (IWS) is allowed due to lot size. 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 DENIED as only one (1) individual wastewater system (IWS) will be allowed per lot. The type of wastewater system to be used shall conform to the provisions of Hawaii Administrative Rule, Chapter 11-62 in effect at the time of building permit application. 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. Lisa Sakanashi Variance Application WW 226, Docket No. 06-VW W-15, Findings of Fact and Conclusions of Law, Page 3 Transmittal Date: OMW S ease Date: NOU . 0 Wastewater Branch Variance A hcation Docket No. _(J(V - VWW - L APP u WW22 Name/Title: USp[ 5a[ Past trD Krtn Subject: Draft Decision Letter with Decision Or er an dings of Fact & Conclusions of Law ROUTE TO: Director of Health - Chi ome Leinaala Fukino Peputq 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 Drinkin Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ ] Kona -Pane Hiromasa (TM 9, 6, 7, 8, 9) [ x[ Hilo - Jerry Nunogawa (TMKs 1, Z3,4) I 1 Kauai - [ ] 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 De arwwnt 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 & County of Honolulu, Department of Planning & Permitting County of Oda I I Council Oahu Neighborhood Board a S. USQ SUKahaS 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 96914-4920 phone (808) 586-4294 fax (909) 596-4300. Received by W WS 2006 variance route slip - draft decision.doc as of 06/15/2006 vww