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HomeMy WebLinkAboutCOM 0028.000 2006-2008l.J Mr. Theodore Baldau RT Engineers, Inc. o P.O. Box 390628 = Kailua-Kona, Hawaii 96739 os Dear Mr. Baldau: 3 Subject: Variance Application No. WW 231 Docket No. 06-VWW-20_' Continued use of Individual Wastewater System (IWS) For a Retail Business located at 64-1067 Mamalahoa Highway, Kamuela, Hawaii TMK: (3) 6-4-006: 004 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, 7 THOMAS E. ARIZUMI, P.1; C EF Environmental Management Division 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 - Kona Branch Department of Water Supply - County of Hawaii District Health Office - Hilo Hawaii County Council Applicant - Starr Equities, Inc. Comm. No. Ref. To: Ref. Date ULL I I ✓� � csy� e } CHIYOMLEINAA , M.O. LINDA LINGLE DIRECTOR OFF HEALTH GOVERNOR OF HAWAII j -.A STATE OF HAWAII DEPARTMENT OF HEALTH R.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File'. WW 231 Draft Dec CL wb61232 November 27, 2006 l.J Mr. Theodore Baldau RT Engineers, Inc. o P.O. Box 390628 = Kailua-Kona, Hawaii 96739 os Dear Mr. Baldau: 3 Subject: Variance Application No. WW 231 Docket No. 06-VWW-20_' Continued use of Individual Wastewater System (IWS) For a Retail Business located at 64-1067 Mamalahoa Highway, Kamuela, Hawaii TMK: (3) 6-4-006: 004 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, 7 THOMAS E. ARIZUMI, P.1; C EF Environmental Management Division 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 - Kona Branch Department of Water Supply - County of Hawaii District Health Office - Hilo Hawaii County Council Applicant - Starr Equities, Inc. Comm. No. Ref. To: Ref. Date ULL I I STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 231 for Individual Wastewater System Continued Use of an Individual Wastewater System (IWS) for a Retail Business located at 64-1067 Mamalahoa Highway Kamuela, Hawaiii TMK: (3) 6-4-006: 004 Docket No. 06-VWW-20 DRAFT - SIGNATURE NOT REQUIRED 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 is hereby GRANTED for five (5) years with the following provisions: 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 seepage pits are used for effluent disposal, the septic tank shall be fitted with an effluent filter. 3. If the existing cesspool(s) is used as a seepage pit(s) for effluent disposal, the seepage pit(s) shall be properly permitted by Underground Injection Control program of the Safe Drinking Water Branch. 4. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. 5. The septic tank shall be enlarged to accommodate scum formation and sludge accumulation. 0 6. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out and to prevent any spill. 7. The project shall connect to the County sewer service system should become available to the area. 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 Variance Application No. WW 231 for Individual Wastewater System Continued Use of an Individual ) Wastewater System (IWS) for a ) Retail Business located at ) 64-1067 Mamalahoa Highway ) Kamuela, Hawaiii ) TMK: (3) 6-4-006: 004 ) Docket No. 06-VWW-20 DRAFT - SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Starr Equities, Inc., c/o Clark Realty Corporation of Kailua-Kona, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 was reviewed by the Department of Health staff. A public notice of the application was printed in the October 19, 2006 issue of the Honolulu Star Bulletin and the October 20, 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, Inc. of Kailua-Kona, Hawaii. Mr. Baldau 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." The applicant is requesting to be allowed to continue to use an individual wastewater systems (IWSs) such as septic tank system for the commercial building - Starr Equities, Inc. Variance Application WW 231, Docket No. 06 -VW W-20 Findings of Fact and Conclusions of Law, Page 1 retail business. The commercial building has multiple tenant spaces and currently has 12 separate tenants. Wastewater volume fluctuates with tenant mix and may exceed 1,00 gpd on a regular basis. The estimated maximum wastewater flow for the facility is 2,000 gpd. The building is located at 64-1067 Mamalahoa Highway, Kamuela, Hawaii and is identified as TMK: (3) 6-4-006: 004. The applicant has made the following statements. 1. 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 2,000 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 in order to comply with federal requirements. 3. 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. 4. 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. 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. 6. 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. 7. The variance is requested for the maximum of five (5) years. Plot maps have been attached to this application for variance by can not be shown here. Stan- Equities, Inc. Variance Application WW 231, Docket No. 06-VWW-20 Findings of Fact and Conclusions of Law, Page 2 The following agencies submitted the following comments: 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. For clarity, the public notice document should explicitly state that the existing large -capacity cesspool (LCC) is to be converted to an injection -well seepage pit; B. The property 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; and C. UIC permitting is applicable to any injection -well cesspool being retained as an injection -well 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. D. Because the proposed upgrade of the LCC to an septic system is being driven by the Federal ban on large -capacity cesspools, we have no objection to granting the variance; and E. If a variance is granted, appropriate conditions should be imposed to insure proper operation and maintenance of the septic system. Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any questions. 4. The Wastewater Branch states that there is no existing sewer service system available for connection and therefore recommends the granting of this variance application with the following conditions: Starr Equities, Inc. Variance Application WW 231, Docket No. 06 -VW W-20 Findings of Fad and Conclusions of Law, Page 3 A. 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. B. If a seepage pit is used for effluent disposal, the septic tank shall be fitted with an effluent filter. C. If the existing cesspool is used as a seepage pit for the wastewater system, the seepage pit shall be properly permitted by Underground Injection Control program of the Safe Drinking Water Branch. D. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. E. The septic tank shall be enlarged to accommodate scum formation and sludge accumulation. Operation of the treatment IWS shall be checked periodically to insure proper care and to prevent any spill. G. The project shall connect to the County sewer service system should it become available to the area. Please contact the Planning & Design Section of the Wastewater Branch at (808) 586-4294 if you have any questions. 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: 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. Starr Equities. Inc. Variance Application WW 231, Docket No. 06-VWW-20 Findings of Fact and Conclusions of Law, Page 4 Based upon the foregoing findings of fact, it is concluded that the above requirements have 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 GRANTED for five (5) years with the following conditions: 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 seepage pits are used for effluent disposal, the septic tank shall be fitted with an effluent filter. 3. If the existing cesspool is used as a seepage pit for the effluent disposal, the seepage pit shall be properly permitted by Underground Injection Control program of the Safe Drinking Water Branch. 4. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. 5. The septic tank shall be enlarged to accommodate scum formation and sludge accumulation. 6. Operation of the treatment IWS shall be checked periodically to insure proper care is carried out and to prevent any spill. 7. The project 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. Starr Equities, Inc. Variance Application WW 231, Docket No. 06 -VW W-20 Findings of Fact and Conclusions of Law, Page 5 Transmittal Date: Suspense Date: GO Wastewater Branch Variance Application Docket No. Q(p - VWW -20 APP a WW Name/Title:YY tAm Iti-01-3M) Subject: Draft Decision Letter th Decision 8r Order and Findings of Fact 8r Conclusions of Law FTAITW- 1L1 AnlffrM prririreVrcn- 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 96814-4920 phone (SOS) S96-4294 fax (809) 586-4300. Received by wW6 _/ / 2006 variance route slip - draft deeWoadoc as of 06/15/2006 view Director of Health - Chillome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, EMD - Thomas E, Ariaumi Attorney General's Office, AG Mark Bennet, Peputg Mark McConnel, Peptttq Bill Cooper Clean Water Branch - Denis Lau Environmental Planning Office - Kelvin Sunada Safe rinking Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel r>(1 Kona - Dane 11iromasa (TMKs 5, 6, 7, S, 9) [ 1 Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ] Kauai - [ ] Maui - Roland Tejano [ ] Oahu - Johrmq On Water Departments [ 1 Board of Water Supply - Clifford Lura [� County of Hawaii Dept of Water Supply - Milton Pavao [ ] County of Maui Dept of Water Supply - George Y. Tengan [ ] Kauai Countiq Department of Water - Edward Tschupp [ ) District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ l District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian [xj District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City Sr County of Honolulu, Department of Planning 8r permitting County of ( Council Oahu Nei hborhood Board u AnlffrM prririreVrcn- 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 96814-4920 phone (SOS) S96-4294 fax (809) 586-4300. Received by wW6 _/ / 2006 variance route slip - draft deeWoadoc as of 06/15/2006 view