HomeMy WebLinkAboutCOM 1199.000 2004-2006
LINDA LINGLE { CHIVOME LEINAALA FUKINO, 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 96801-3378 File:
WW 222 FINAL DEC CL
wb61046
October 17, 2006
Or7 0
CERTIFIED MAIL 70051160 0001 8381 4335 c
RETURN RECEIPT REQUESTED `
I~
Mr. Theodore Baldau, Vice President a
RT Engineers, Inc.
P.O. Box 390628 N
Kailua-Kona, Hawaii 96739
Dear Mr. Baldau:
Subject: Variance Application No. WW 222 Docket No. 06-VWW-11
Use of Large Septic Tanks for 16 dwelling Units
at Lono Kona Apartment complex
75-5730 Alahou Street, Kailua-Kona, Hawaii
TMK: (3) 7-5-022:060 16.062 square feet
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Friday September 29,
2006 for five (5) years. 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. ARIZU P.E. 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 - Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office Hilo
~ ~ A A
,iHawaii County Council
Applicant - AMI Properties, LLC Comm. No.
Ref. To:
"tef. Dote NDV 0
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-11
Variance Application No. WW 222 )
for Individual Wastewater System )
Use of Two (2) Large Septic Tanks for )
16 Dwelling Units at the )
Lono Kona Apartment Complex )
75-5730 Alahou Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 060 16.062 SF )
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)(1)(A) 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 the existing cesspools are used as seepage pits, each septic tank shall be
fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the fact that there are eight
(8) individual dwelling units connected to each septic system.
4. If a soil absorption bed/leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program
of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage
pit for the wastewater system, the seepage pit(s) shall be properly permitted by
the Underground Injection Control program.
5. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, September 29, 2006
Thomas E. Adzumi,,P.E.
Chief, Environmental Ifthagement Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-11
Variance Application No. WW 222 )
for Individual Wastewater System )
Use of Large Septic Tanks for )
16 Dwelling Units at )
Lono Kona Apartment Complex )
75-5730 Alahou Street )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-022: 060 16.062 SF )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the AMI Properties, LLC, Kailua-Kona, Hawaii, for a five (5)
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section
11-62-03 and 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 July 22, 2006 issue of the Honolulu
Star Bulletin and the July 26, 2006 issue of the West Hawaii Today 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. Theodore Baldau of RT
Engineers, Kailua-Kona, Hawaii 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) (1) (A) which states „For residential developments.
There shall be 10,000 square feet of land area for each individual wastewater system."
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VW W-11
Findings of Fad and Conclusions of Law, Page 1
The applicant is requesting to use large septic tanks with existing cesspools as
seepage pits. Estimated wastewater flow is 3,200 gpd. The flow is to be split evenly
into two septic systems (1,600 gpd each). The total area of the lot is 16,062 square
feet. The property is located at 75-5730 Alahou Street, Kailua-Kona, Hawaii and is
identified as TMK: (3) 7-5-022: 060.
The applicant has made the following statements.
1. The area of the lot is 16,062 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. 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. (two systems)
3. 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.
4. 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.
5. The facility provides low cost affordable housing that could not support the
construction cost of operation fee of a wastewater treatment plant.
6. 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.
7. Prevent loss of affordable housing. The facility provides low cost
affordable housing. The construction cost and ongoing maintenance cost
of a wastewater treatment plant would force rents to be raised beyond
which current tenants could afford.
8. 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.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VWW-11
Findings of Fact and Conclusions of Law, Page 2
9. 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.
10. The residents of the Lono Kona Apartments are essentially economically
depressed.
11. The variance is requested for the maximum of five (5) years.
A plot plan was included in the application for variance but is not included here.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
We have no objection to the granting of this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. UIC permitting is applicable to any existing injection-well cesspool
or seepage pit that receives over 1,000 gallons of wastewater per
day, on any given day. Operating any such injection-well seepage
pit without a UIC permit is a violation of Chapter 11-23 and is
subject to a penalty and corrective action. The owner/operator of
the injection-well seepage pits must contact the UIC program at
(808)586-4258 for UIC permit application;
B. Because the proposed upgrade of the two existing large-capacity
cesspools into a septic systems is being driven by the federal ban
on large-capacity cesspools, we have no objection to granting the
variance; and
C. If a variance is granted, appropriate conditions should be imposed
to insure proper operation and maintenance of the septic systems.
Please contact Jamie Rimando at telephone (808)586-4258 if you have
any questions.
3. The Wastewater Branch recommends the granting of this variance
application with the following conditions:
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-V W W-11
Findings of Fad and Conclusions of Law, Page 3
A. Plans for each 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 the existing cesspools are used as seepage pit, each septic tank
shall be fitted with an effluent filter(s).
C. If the existing cesspools are used as seepage pits for the
wastewater system, the seepage pit(s) shall be properly permitted
by the Underground Injection Control program.
D. If the existing cesspools are abandoned, abandonment shall follow
the instructions and criteria provided by the Department's UIC
program.
E. The septic tank shall be enlarged to accommodate the fact that
there are eight (8) individual dwelling units connected to each septic
system.
F. 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 34213-6(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 been met.
AMI Properties, LLC, Variance Application W VV 222, Docket No. 06-VW W-11
Findings of Fact and Conclusions of Law, Page 4
Comment and Recommendation
Based upon the foregoing findings of fact and conclusions of law, it is my
recommendation that the variance request be GRANTED for five (5) years with the
following conditions:
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. Each septic tank shall be fitted with an effluent filter(s).
3. The septic tank shall be enlarged to accommodate the eight (8) dwelling
units connected to a single septic system.
4. If a soil absorption bed/leach lines are used, the existing cesspools shall
be abandoned per the requirements of the Underground Injection Control
program of the Safe Drinking Water Branch. If the existing cesspool is
used as a seepage pit for the wastewater system, the seepage pit(s) shall
be properly permitted by the Underground Injection Control program.
5. The project shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, ' September 29, 2006
THOMAS E. ARIZ M , P CHIEF
Environmental Mana ment Division
The foregoing findings of fact and conclusions of law are hereby adopted.
AMI Properties, LLC, Variance Application WW 222, Docket No. 06-VWW-11
Findings of Fact and conclusions of Law, Page 5
Transmittal Date:
Wastewater Branch Variance A plication Docket No. VWW - _ APP a WW
Name/Title: - j I VU
Subject Final Signed Decision over Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law
ROUTE TO:
Director of Health - Chi ome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas & Ariaumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper
Clean Water Branch - Denis Lau t
Environmental Planning Office - Kelvin Sunada
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
><Yona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ I Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny Ong
Water Departments
[ I Board of Water Supply - Clifford Lum
Dc1Countg of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County De artment'of Water - Edward Tschu
[ 1 District Health Office - Maui - Herbert Matcubayasht Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
T-A District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City & Count of Honolulu, Department of Planning & Permitting
County of ti~ I Council
Oahu Neighborhood Board #
I ~S LLB
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 (809) 586-4294 fax (909) 586-4300
2006 variance route slip - final decision doc as of 06/15/2006 vww