HomeMy WebLinkAboutCOM 1224.000 2004-2006LINDA LINGLE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378
HONOLULU, HAWAII 96801-3378
CHIVOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
In reply, please refer W:
File:
WW 238 PN CL
wb61178
November 15, 2006 01
On o
Mr. Ronald Layaoen ' ,v
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720 3
Dear Mr. Layaoen:
co
Subject: Variance Application No. WW 238 Docket No. 06-VWW-27
Use of a Treatment Individual Wastewater System to replace a LCC
Serving the South Kohala State Office & District Court Buildings
67-5175 Kamamalu Street, Kamuela, Hawaii
TMK: (3) 6-7-002: 011
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 llogan@westhawaiitoday.com
Comm. No.��..�...,
Ref. To:
Ref. Dote NOV 2 0 2006
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 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. ARI I .E.
Chief, Environmental Management Division
Enclosures: Receipt No. 138860
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
niftrict Health Office - Hilo
awaii County Council
Applicant - Mr. Glenn Okada, DAGS
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 238
DOCKET NO. 06 - VWW - 27
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, Inc., 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 that cesspools currently serve both the South Kohala State Office
and the District Court Building. Both state buildings experience a high number of occupants
during various times of the year. The subject project proposes to replace each cesspool with a
Septic Tank -Absorption Bed system as a means for wastewater disposal. The proposed
replacement IWS for each building would receive more than 1000 gallons per day of
wastewater during times of high occupancy. The location of the South Kohala State Office and
the District Court Building is 67-5175 Kamamalu Street, Kamuela, Hawaii and identified as
TMK: (3) 6-7-002: 011.
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
1,095 gpd for the State Office Building and 2,775 gpd for the District Court
Building.
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 32 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 South Kohala State Office Building and District Court are located in the town
of Waimea, 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 state, it was determined that
the County of Hawaii has no immediate or future plans for the installation of a
County sewer system in the Waimea area or within the vicinity of the project site.
Thus, the proposed septic systems will be in service for longer than the
maximum of 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 have been 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 Systems for
South Kohala State Office and
District Court Buildings
Waimea, South Kohala, Hawaii Island
TMK: (3) 6 - 7 - 002: 011
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 Larae 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).
GENERAL INFORMATION (please print or type):
A. Name: Dept. of Accounting and General Services, 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).
IV] Non -Residential LCC
[ ] Retail Business
[ ] Visitor Center
[ ] Church
[ ] School
[ ] Golf course clubhouse / restroom
[ J 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 ) 6 - 7 - 002 : 011
Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
67-5175 Kamamalu Street
(number) (street)
Kamuela Hawaii 96743
(City) (Island) (Zipcode)
B. Individual authorized to act for applicant:
Name: Ronald Layaoen Title: Project Engineer
Address: Okahara & Associates, Inc.
200 Kohola Street
Hawii
(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. l (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 ~ 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 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 attachement "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.
[✓] 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_ (-See attachment "B -i")
[ ] 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 ~ 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 32 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 v 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.
[ J 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 Attachement "E-1"
5 years
[ ] 2 years
[ ] 4 years
[ ] 1 year
[ ] 3 years
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-1"
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 an elief.
Signature:
Date: OCT 25 2006
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received:
Application for LCC Variance.doc v as of December 9, 2004 Page 5 of 6
Application No
Docket No.:
Received by: "
Filing fee ($300.00) check date: Check #
Department of Health Receipt #
Decision on Application (including date):
Date of Public Hearing:
Application for LCC Variance.doc v as of December 9, 2004
r -
Page 6 of 6
ATTACHMENT 46A-1"
The requested variance is for HAR 11-62-31.1 (a) (2) (D): Both state buildings
experience a high number of occupants during various times of the year. A separate
cesspool serves as the wastewater disposal method for each building. The subject project
proposes to replace each cesspool with a Septic Tank -Absorption Bed system as a means
for wastewater disposal. The proposed replacement IWS for each building would receive
more than 1000 gallons per day of wastewater during those times of high occupancy.
ATTACHMENT "B-1"
The estimated maximum wastewater flow from the State Office Building is 1,095 gpd.
The estimated maximum wastewater flow from the District Court Building is 2,775 gpd.
ATTACHMENT 66E-1"
The South Kohala State Office Building and District Court are located in the town of
Waimea, 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 Waimea area or within
the vicinity of the project site. Thus, the proposed septic systems 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.
ATTACHMENT 66F-1"
DESIGN CRITERIA — State Office Building
DESIGN CRITERIA — District Court
FIGURES
FIGURE 1...................................ISLAND MAP — PROJECT LOCATION
FIGURE 2..............................................................OVERALL SITE PLAN
FIGURE 3 ................................. NEW SITE PLAN — State Office Building
FIGURE 4 ............................................. NEW SITE PLAN — District Court
DESIGN CRITERIA
Waimea (South Kohala) State Office Building
November, 2006
1) TOTAL PROJECTED FLOW
Waimea (South Kohala) State Office Building:
Estimated Daily Maximum Staff/Public Occupancy:
Staff/Public:
TOTAL (Design Flow):
2) SEPTIC SYSTEM
a) SEPTIC TANK
73 persons @ 15 gpd/person
73
1,095 gpd
1,095 gpd
1000 + ((1,095 - 800)x1.25) = 1,369 Gallon Minimum liquid tank capacity
It is proposed to use one (1) 1,500 gallon capacity septic tank
to provide the required liquid capacity.
b) ABSORPTION BED
Percolation Rate: 5 min/in (125 sf required per 200 gpd of design flow)
Required Absorption Area: = 1,095 gpd x (125 sf/200 gpd)
= 685 sf
Absorption Bed: 24' x 30' (720 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Page 1 of t
1)
2)
DESIGN CRITERIA
Waimea (South Kohala) District Court
November, 2006
TOTAL PROJECTED FLOW
Waimea (South Kohala) District Court:
Estimated Maximum Staff/Public Occupancy (Court Days):
Staff/Public:
TOTAL (Design Flow):
SEPTIC SYSTEM
a) SEPTIC TANK
185 persons @ 15 gpd/person
185
2,775 gpd
2,775 gpd
1000 + ((2,775 - 800)x1.25) = 3,469 Gallon Minimum liquid tank capacity
It is proposed to use one (1) 4,000 gallon capacity septic tank
to provide the required liquid capacity.
b) ABSORPTION BED
Percolation Rate: 5 min/in (125 sf required per 200 gpd of design flow)
Required Absorption Area: = 2,775 gpd x (125 sf/200 gpd)
= 1,735 sf
Absorption Bed: (2)30' a 30' (1,800 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Page t of t
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Transmittal Date: N V V IV, I O 5 e Ware: Llff I✓; 4/v V
Wastewater Branch Variance Ahcation Docket No. -VWW APP • WW _
Name/Title:�i S'iVl`C C Q)UI(f' — �(
Notice and Variance
ACTION
Ling the Cover Letter, Public Notice & Variance Application, please
] Recommend to GRANT this variance application.
] Have no objection to the GRANTIN& of this variance application.
[ Recommend to DENY this variance application.
) See attached comments.
Reviewed by
Please return this ROUTS SLIP. You
Contact Phone •
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 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by W 3 _/_/ 2006 variance route slip - cover letter revised PN.dw ee of 06/15/2006 vww
Director of Nealth - Chi ome Leinaala Fuldno
D Director for Environmental Health Administration - Laurence Lau
Chief, FMD - Thomas E. Arisumi
Attorne General's Office, AG Mark Bennet, Deputy Mark Md orineL De Bill Cooper
Clean Water Branch - Denis Lau
Snvironmental Planning Office - Kelvin Sunada
Safe Prinicing Water Branch - Stuart Yamada
Sanitation Branch - Commercial Pro es Onl
Wastewater Branch Staff Personnel
L, QKma - Dane Hiromasa MAY4 5, 6, ?, 8, 9)
I 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ 1 Kauai -
[ 1 Maui - Roland Tejano
[ [ Oahu - Johnn
Water Departments
I 1 Board of Water Supply - Clifford Lum
D-q.County of Hawaii Dept of Water Supply - Milton Pavao
( I County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai county Departzment of Water - Fdward Twhupp
[ 1 District Health Office - Maui - Herbert Matsubayasht Chief Sanitarian
[ ] Disbict Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
District Health Office - Hilo - Aaron Ueno, Chief Sanitarian •
City &r Cour of Honolulu. De t of Planning &r Permitting
X
County of t Council
Oahu Nei hood Board •
[ hCk
ACTION
Ling the Cover Letter, Public Notice & Variance Application, please
] Recommend to GRANT this variance application.
] Have no objection to the GRANTIN& of this variance application.
[ Recommend to DENY this variance application.
) See attached comments.
Reviewed by
Please return this ROUTS SLIP. You
Contact Phone •
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 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by W 3 _/_/ 2006 variance route slip - cover letter revised PN.dw ee of 06/15/2006 vww
.P