HomeMy WebLinkAboutCOM 0027.000 2006-2008 4`~. ~..~..~1
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LINDA UNGLE I ~ CHIYOME LEINMLA FUKINO, M.D.
GOVERNOR OF HAWAII l DIRECTOR OF HEALTH
J l,.
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO.80% 3378 In reply, please refer to:
HONOLULU, HAWAII 96801-3376 File:
W W 232 Draft Dec CL
wb61229
November 27, 2006
Mr. Dennis T. Inouye ~
;
Septic Designs
884 Kupulau Road ~ ~ o
Hilo, Hawaii 96720 ~ ~ n
_ f.
Dear Mc Inouye:
Subject: Variance Application No. WW 232 Docket No. 06-VWW-21 ~
Proposed Septic System to Serve Two Existing Dwellings ~
Honokaa - Waipio Government Main Road, Honokaa, Hawaii F~
TMK: (3) 4-5-009: 012
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 974-4000 ext. 64294, fax (808)586-4300 no later than the
close of business on Friday, December 22, 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,
,
THOMAS E. ARIZUMI, P:~., CIF
Environmental Managemeht f3ivision
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking W ater Branch
Wastewater Branch -Hilo Branch
Department of W afar Supply -County of Hawaii
District Health Office -Hilo
.hlawaii County Council
Applicant - Mr. Cary Yamada
Comm. No. ~ 7
Ref. To:
Ref. Cate I
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-21
Variance Application No. WW 232 )
for Individual Wastewater System )
)
Proposed Septic System to Serve ) DRAFT -SIGNATURE NOT REQUIRED
Two Existing Dwellings )
1 - 3 Bedrooms & 1 - 2 Bedrooms )
Honokaa-Waipio Government Main Rd )
Honokaa, Hawaii 96727 )
TMK: (3) 4-5-0910: 128 )
DECISION AND ORDER
Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Titie 11,
Administrative Rules and based upon the application and staff review, the Variance Request
from the provisions of Chapter 11-62, Sectipn 11-62-31.1(a)(1)(A) is hereby
GRANTED for one (1) year upon the following conditions being met in a timely manner:
1. Plans for each treatment individual wastewater system (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. The proposed septic system serving the 3-bedroom and 2-bedroom dwelling
units and the two (2) existing cesspool each serving a two (2) bedroom dwelling
unit is considered collectively two (2) IWSs by the State of Hawaii Department of
Health, and the combined number of bedrooms or bedroom-like rooms (as
determined by the Department of Health) in the four (4) dwelling units cannot
exceed a maximum of ten (10) bedrooms or bedroom-like rooms.
3. No building modifications, alterations or additions will be allowed that will
increase wastewater flows to more than ten (10) bedrooms or bedroom-like
rooms. The owners shall execute and file a covenant on the property stating that
no more than ten (10) bedrooms or bedroom like rooms will be allowed without
the written consent of the Department of Health. The covenant shall run with the
title to the property and shall be binding upon the parties and their respective
heirs, successors and assigns.
Mr. Cary Yamada - Variance Application W W 232, Docket No. O6-VWW-21, Decision & Order, Page 1
4. The covenant or warranty deed shall be recorded with the State of Hawaii
Bureau of Conveyance. A copy of the covenant shatl be provided to the
Department of Health.
5. Operation of the treatment IWS must be checked periodically to insure proper
care and maintenance is being carried out to prevent any spill.
6. The development shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
Mr. Cary Yamada - Vadance Application WW 232, Docket No. 06-VW W-21, Decision & Order, Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-21
Variance Application No. W W 232 )
for Individual Wastewater System )
Proposed Septic System to Serve ) DRAFT -SIGNATURE NOT REQUIRED
Two Existing Dwellings )
Honokaa-Waipio Government Main Rd., )
Honokaa, Hawaii )
TMK: (3) 4-5-0910: 128 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Cary Yamada of Honokaa, 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. A public notice of the application was printed in the
October 17, 2006 issue of the Honolulu Star Bulletin and the October 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.
Findinqs of Fact
The individual authorized to act for the applicant, Mr. Dennis T. Inouye of Septic
Designs, Hilo, Hawaii, has applied for cone-year variance from the Hawaii Administrative Rules
(HAR), 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."
The applicant is proposing to install a septic system to service two existing dwellings (1 -
3 bedroom & 1 - 2 bedroom dwelling) which are currently served by a cesspool. The subject
property has four (4) existing dwelling on it which are served by two (2) cesspools. One
cesspool serves a single dwelling and the other serves three (3) dwellings. The subject project
is located on Honokaa-Waipio Govemment Road, Honokaa, Hawaii and identified as TMK: (3)
4-5-009: 012. The property size is 28,060 square feet.
The applicant has made the following statements.
1. The area of the lot is 28,060 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.
Mr. Cary Yamada - Variance Application W W 232, Docket No. 06-V W W21
Findings of Fact and Conclusions of Law, Page 1
2. Modifying the existing cesspools may result to a higher construction and
maintenance cost. Therefore, proposed is constructing another IWS on this
28,060 square foot lot.
3. Three (3) IWSs would be allowed if this lot was larger by 1,940 square feet.
Granting approval for this 3r° IWS shall significantly reduce the contamination of
the ground water source.
4. Two (2j of the existing dwellings are allowed to use the existing cesspools. The
remaining two (2) dwellings shall be in compliance with the current IWS
requirements.
5. The variance is requested for one (1) year.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to grant 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 (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. UIC permitting requirements shall apply for any cesspool receiving over
1,000 gallons of wastewater per day, on any given day; and
C. W e have no objection to this variance application.
Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any
questions.
3. The Wastewater Branch states that there is no existing sewer service system
available for connection. We therefore recommend granting of this variance
application with the following conditions:
A. Plans for each treatment individual wastewater system (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. The proposed septic system serving the 3-bedroom and Z-bedroom
dwelling units and the two (2) existing cesspool each serving a single two
(2) bedroom dwelling will be considered collectively as two (2) IWSs by
the State of Hawaii Department of Health, and the combined number of
Mr. Cary Yamada - Vadance Application W W 232, Docket No. O6-V W W-27
Findings of Fact and Conclusions of Law, Page 2
bedrooms or bedroom-like rooms (as determined by the Department of
Health) in the four (4) dwelling units cannot exceed a maximum of ten
(10) bedrooms or bedroom like rooms.
C. No building modifications, alterations or additions will be allowed that will
increase wastewater flows to more than ten (10) bedrooms or bedroom-
like rooms. The owners shall execute and file a covenant on the property
stating that no more than ten (10) bedrooms or bedroom like rooms will
be allowed without the written consent of the Department of Health. The
covenant shall run with the title to the property and shall be binding upon
the parties and their respective heirs, successors and assigns.
D. The covenant or warranty deed shall be recorded with the State of Hawaii
Bureau of Conveyance. A copy of the covenant shall be provided to the
Department of Health.
E. Operation of the treatment IW S must checked periodically to insure
proper care and maintenance is being carried out to prevent any spill.
F. The development shall connect to the County sewer service system
should it become available to the area.
Should you have further questions, please contact the Planning & Design Section
of the W astewater Branch at our toll free number 974-4000 extension 64294 fax
(808) 586-4300.
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.
Mr. Cary Yamada - Variance Application W W 232, Docket No. 06•VW W-21
Findings of Fact and Contusions of Law, Page 3
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 one (1) year upon the following
conditions being met in a timely manner:
1. Plans for each treatment individual wastewater system (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. The proposed septic system serving the 3-bedroom and 2-bedroom dwelling
units and the two (2) existing cesspool each serving a two (2) bedroom dwelling
unit is considered collectively two (2) IWSs by the State of Hawaii Department of
Health, and the combined number of bedrooms or bedroom-like rooms (as
determined by the Department of Health) in the four (4) dwelling units cannot
exceed a maximum of ten (10) bedrooms or bedroom-like rooms.
3. No building modifications, alterations or additions will be allowed that will
increase wastewater flows to more than ten (10} bedrooms or bedroom-like
rooms. The owners shall execute and file a covenant on the property stating that
no more than ten (10) bedrooms or bedroom like rooms will be allowed without
the written consent of the Department of Health. The covenant shall run with the
title to the property and shall be binding upon the parties and their respective
heirs, successors and assigns.
4. The covenant or warranty deed shall be recorded with the State of Hawaii
Bureau of Conveyance. A copy of the covenant shall be provided to the
Department of Health.
5. Operation of the treatment IWS must be checked periodically to insure proper
care and maintenance is being carried out to prevent any spill.
6. The development shall connect to the County sewer service system should it
become available to the area.
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.
Mr. Cary Yamada • Variance Application W W 232, Docket No. 06-VW W-2f
Findings of Fact and Contusions of Law, Page 4
'I~ansmitta] Date: 0 S erase Date: G C~ ~o
Wastewater Branch Variance Ap lication Docket No. ~ - VWW - - APP ~ WW
Name/Title:
Subject: Draft Denis L r with Decision Order an F dings of Fact 8r Conclusions of Law
ROUTE TO:
Director of Health -Chi ome Leinaala Fukino
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arisumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Coo
Clean Water Branch -Denis Lau
Environmental Plannin Office -Kelvin Sunada
Safe Drinkin Water Branch -Stuart Yamada •
Sanitation Branch -Commercial Pro rties Only
Wastewater Branch Staff Personnel
[ ]Kona -Dane Hiromasa (TMKs 5, 6, 8, 9)
(x[ Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) ~
( ]Kauai -
[ ]Maui -Roland Tejano
[ Oahu-Johns On
Water Departments
[ ]Board of Water Supply -Clifford Lum
County of Hawaii Dept of Water Supply -Milton Pavao
( ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County De artrnent of Water -Edward Tschu
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ J District Health Office - Kavai -Clyde Takekuma, Chief Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
City $ County of Ho olulu, Department of Plannin Permittin
County of CouncIl
Oahu Nei hborhood Board ~
V~• Ul.
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.
ff there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moans Blvd. Room 309
Honolulu, Hawaii 968'14-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by W WB 2006 ~a*ia~+ce route s2iP' draft decisioadx as of 06/1S/2006 vww