HomeMy WebLinkAboutCOM 1223.000 2004-2006LINDA LINGLE
GOVERNOR OF HAWAII
Mr. Ronald Layaoen
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720
Dear Mr. Layaoen:
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378
HONOLULU, HAWAII 96801-3378
November 15, 2006
CHIVOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
In reply, please refer to
Subject: Variance Application No. WW 237 Docket No. 06-VWW-26
Use of a Treatment Individual Wastewater System to replace a LCC
Serving the State Office Building & the North Kohala District Court
54-3900 Akoni - Puli Highway, Kapaau, Hawaii 96755
TMK: (3) 5-4-005: 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
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
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 329-9311 fax 329-3659 email Ilogan@westhawaiitoday.com
Comm. No. Z- Z
3-11
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Ref. Datey_ _ � 0 2�=
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Subject: Variance Application No. WW 237 Docket No. 06-VWW-26
Use of a Treatment Individual Wastewater System to replace a LCC
Serving the State Office Building & the North Kohala District Court
54-3900 Akoni - Puli Highway, Kapaau, Hawaii 96755
TMK: (3) 5-4-005: 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
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
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 329-9311 fax 329-3659 email Ilogan@westhawaiitoday.com
Comm. No. Z- Z
3-11
Ref. Ta
Ref. Datey_ _ � 0 2�=
Mr. Ronald Layaoen
November 15, 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. ARIZUMJN�., CHIEF
Environmental Management Division
Enclosures: Receipt No. 138859
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
yJistrict Health Office - Hilo
HHawaii County Council
Applicant - Mr. Glenn Okada, DAGS
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 237
Z910Y7*111111[6KIZ: M"TT T&Q
Pursuant to Section 342D -7(i), Hawaii Revised Statutes, the State Department of Health
(DOH) seeks written comments from interested persons regarding the following.
Mr. Glenn Okada, DAGS, Hawaii District Office, 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." and Section 11-62-31.1(a)(2)(D)
which states 'The total wastewater flow into each individual wastewater system shall not exceed
1,000 gallons per day."
Mr. Ronald Layaoen, Okahara & Associates, Hilo, Hawaii is the individual authorized to
act for the applicant. The applicant has requested this variance from HAR 11-62-31.1(a)(2)(D)
stating the current cesspool serves both the State Office Building and the North Kohala District
Court. The estimated maximum daily wastewater flow from both the State Office and District
Court Buildings into the proposed septic system will be 1,875 gpd. There is insufficient suitable
open area into which a separate IWS can be constructed for each building, so the flows from
each building will be combined and treated via a single septic system that will exceed the 1,000
gpd flow limit. The project is located at 54-3900 Akoni-Pull Highway, Kapaau, Hawaii and
identified as TMK: (3) 5-4-005: 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
1,875 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 facility has been in operation for 33 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 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.
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 North Kohala State Office Building and District Court are located in the town
of Kapaau, located on the Northern portion of the Island of Hawaii. After
consultation with the County of Hawaii, Department of Environmental
Management during the project's preliminary design stage, it was determined
that the County of Hawaii has no immediate or future plans for the installation of
a County sewer system in the Kapaau area or within the vicinity of the project
site. Thus, the proposed septic system will be in service for longer than the
maximum of five (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 the life of the facilities.
9. The variance is requested for the maximum of five (5) years.
Design Criteria and plot plans were attached to the variance application, 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
State of Hawaii, Department of Health
Wastewater Branch
APPLICATION FOR VARIANCE
Primarily Concerning Large Capacity Cesspools
Individual Wastewater System for
North Kohala State Office and
District Court Buildings
Kapaau, North Kohala, Hawaii Island
TMK: (3) 5 005: 001
Prepared for
State of Hawaii
Department of Accounting and General Services
Division of Public Works
Prepared by
Okahara & Associates, Inc
November, 2006
State of Hawaii
Department of Health
Environmental Management Division
Wastewater Branch
Application No. WW
Docket No., - VWW
APPLICATION FOR VARIANCE - Primarily Concernina 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 81/2" x 11" format (for copying purposes).
GENERAL INFORMATION (please print or type):
A. Name:
Division of Public Works
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: Attn: Mr. Glenn Okada, DAGS Hawaii District Office
P.O. Box 4127
Hilo Hawaii 96720
(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: Office Building and District Court
[ ] Residential LCC
[ ] Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. ( 3 ) 5 - 4 - 005 : 001
Application for LCC Variance.doc v as of December 9, 2004 Page 1 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
54-3900 Akoni-Puli Highway
(number) (street)
Hawaii 96755
(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)(t3) "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."
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 6,500 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 Now is 2, 000
gpd-)
The requested variance is for HAR 11-62-31.1 (a) (2) (D): The current cesspool serves both
the State Office Building and the North Kohala District Court. The estimated maximum
daily wastewater flow from both the State Office and District Court Buildings into the
proposed septic system will be 1,875 gpd. There is insufficient suitable open area into which
a separate IWS can be constructed for each building, so the flows from each building will be
combined and treated via a single septic system that will exceed the 1,000 gpd flow limit.
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.
[✓] 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 1.875 gallons per
day.
[ J If not in the choices, please specify.
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.
[✓] 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 33 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 Vanance.doc vww as of December 9, 2004 Page 4 of 6
[,t] 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.
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 Attachement "E -V
5 years
[ ] 2 years
j ] 4 years [ ] 3 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 Attachement "P -V
CERTIFICATION:
l Glenn Okada District 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 knowledge and belief., n
Signature:
Date:
25
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received:
Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6
V. Application No.:
VI. Docket No.:
VII. Received by:
VIII. Filing fee ($300.00) check date: -`
IX. Department of Health Receipt #
X. Decision on Application (including date):
XI. Date of Public Hearing:
Check #
Application for LCC Variance.doc v as of December 9, 2004 Page 6 of 6
ATTACHMENT "E-1"
The North Kohala State Office Building and District Court are located in the town
of Kapaau, located on the Northern portion of the Island of Hawaii. After consultation
with the County of Hawaii, Department of Environmental Management during the
project's preliminary design stage, it was determined that the County of Hawaii has no
immediate or future plans for the installation of a County sewer system in the Kapaau
area or within the vicinity of the project site. Thus, the proposed septic system 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 the life of the facilities.
DESIGN CRITERIA
ATTACHMENT "F-1"
FIGURES
FIGURE 1...................................ISLAND MAP - PROJECT LOCATION
FIGURE 2..............................................................OVERALL SITE PLAN
FIGURE 3 ......................................................PARTIAL NEW SITE PLAN
1)
2)
DESIGN CRITERIA
North Kohala District Court and State Office Building
October, 2006
TOTAL PROJECTED FLOW
North Kohala State Office Building:
Estimated Daily Maximum Staff/Public Occupancy: 35
Staff/Public: 35 persons @ 15 gpd/person = 525 gpd
North Kohala District Court:
Estimated Maximum Staff/Public Occupancy (Court Days): 90
Staff/Public: 90 persons @ 15 gpd/person = 1,350 gpd
TOTAL (Design Flow): 1,875 gpd
SEPTIC SYSTEM
a) SEPTIC TANK
1000 + ((1,875 - 800)x 1.25) = 2,344 Gallon Minimum liquid tank capacity
It is proposed to use one (1) 2,500 gallon capacity septic tank
to provide the required liquid capacity.
b) ABSORPTION BED
Percolation Rate: 10 min/in (165 sf required per 200 gpd of design flow)
Required Absorption Area: = 1,875 gpd x (165 sf/200 gpd)
= 1,547 sf
Absorption Bed: (2)22' x 36' (1,584 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Page 1 of 1
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Transmittal Date:
Director of Health - Chi orae Leinaala Fukino
Suspense Date:
De Director for Environmental Health Administration - Laurence Lau
Wastewater Branch Variance Application Docket No. G(o -VW W-4 APP 0 W W Z
Name/Title: C7( UDAt 14 - n kov1 l
In i'
Subject: Cover Letter, Public Notice and Varianbe Applicatioh
ROUTS TO:
1 1
PLUTLUN
Regarding the Cover Letter, Public Notice & Variance Application, please check one
[ j Recommend to GRANT this variance application.
[ j Have no objection to the GRANTING of this variance application.
[ [ Recommend to DENY this variance application.
[ j See attached comments.
Reviewed by
Please return this ROUTS SLIP. You
Contact Phone o
Fax •
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 96$14-4920
phone (809) 586-4294 fax (808) 586-4300.
Received by W WB /_/ 2006 variance route slip - cover letter revised PN.doc as of 06/15/2006 vww
Director of Health - Chi orae Leinaala Fukino
De Director for Environmental Health Administration - Laurence Lau
Chief, SMD - Thomas & Arizumi
Attorne 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 Cr%4Ks 5, 6, 7, 8, 9)
[ Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
I 1 Kauai -
[ I Maui - Roland Tejano
04 Oahu - Johnnj Ong
Water Departments
[ I Board of Water Supply - Clifford Lum
(bounty of Hawaii Dept of Water Supply - Milton Pavao ,
[ ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County Department of Water - Edward Tachupp
[ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian
City Sr County of Honolulu, Department of Planning & Permitting
County of ( Council
Oahu Neighborhood Board •
(cant. Cdcnn o KozW
1 1
PLUTLUN
Regarding the Cover Letter, Public Notice & Variance Application, please check one
[ j Recommend to GRANT this variance application.
[ j Have no objection to the GRANTING of this variance application.
[ [ Recommend to DENY this variance application.
[ j See attached comments.
Reviewed by
Please return this ROUTS SLIP. You
Contact Phone o
Fax •
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 96$14-4920
phone (809) 586-4294 fax (808) 586-4300.
Received by W WB /_/ 2006 variance route slip - cover letter revised PN.doc as of 06/15/2006 vww
' r