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Home My WebLink AboutCOM 0029.000 2006-2008�t r ` LINDA LINGLE CXIYO , M.D. GOVERNOR OF HAWAII DI ECTORLEINAF HEALTH DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: WW 228 FINAL DEC CL wb61235 November 27, 2006 CERTIFIED MAIL 70051160 0001 8381 4175 RETURN RECEIPT REQUESTED n i) O t� Mr. Peter J.K. Dahlberg '_% n t Civil Engineer 77-6238 C Mamalahola Highway Holualoa, Hawaii 96725 Z � _ Dear Mr. Dahlberg: � Y Subject: Variance Application No. WW 228 Docket No. 06-VWW-17 a Proposed New Septic System to Serve All Residences at 82-6167 Mamalahoa Highway, Captain Cook, Hawaii TMK: (3) 8-2-015: 017 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on November 22, 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. S//inllcere y, HOMAS E. ARI24I, PSE:, (F EF Environmental Manageme Ivlsion 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 /County of Hawaii Council Applicant - Mr. David Knittle Comm. No.��_! Ref. To: Ref. Date—m=�---y�q� `UUU STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 228 for Individual Wastewater System Proposed New Septic System To Serve All Residences at 82-6167Mamalahoa Highway Captain Cook, Hawaii TMK: (3) 8-2-015: 017 Docket No. 06-VWW-17 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)(2)(D) 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 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. 3. The septic tank serving the three (3) -2 bedroom or bedroom -like rooms dwelling units shall be enlarged to a minimum size of 1500 gallons. 4. Only two individual wastewater systems (IWS), with a combined maximum design flow of 2,030 gallons per day will be allowed in the subject property. No building modifications, alterations or additions will be allowed that will increase wastewater flows from the existing design flow of 2,030 gallons per day. The owners shall execute and file a covenant on the property stating that no increase in the wastewater flow is allowed without David Knittle Residence Variance Application WW 228, Docket No. 06 -VW W-17, Decision & Order, Page 1 the written consent of the Department of Health. The covenant shall run with the title to the property and shall be binding upon parties and their respective heirs, successors, and assigns. 5. 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. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, November 22, 2006 THOMAS E. ARimmi, IEF Environmental Managemen ivision David Knittle Residence Variance Application WW 228, Docket No. 06-VWW-17, Decision & Order, Page 2 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-17 Variance Application No. WW 228 ) for Individual Wastewater System ) Proposed New Septic System ) To Serve All Residences at ) 82-6167Mamalahoa Highway ) Captain Cook, Hawaii ) TMK: (3) 8-2-015: 017 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. David Knittle and Ms. Carol Gibson of Honaunau, Hawaii, for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and Section 11-62-31.1(a)(2)(D) was reviewed by the Department of Health staff. A public notice of the application was printed in the September 9, 2006 issue of the Honolulu Star Bulletin and the September 13, 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. Peter J.K. Dahlberg, Civil Engineer from Holualoa, 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)(2)(D) which states 'The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day." David Knittle Residence Variance Application WW 228, Docket No. 06-VWW-17 Findings of Fact and Conclusions of Law, Page 1 The applicant states that the existing cesspools have failed. A new septic system is proposed to serve all residences. A new 1,500 gallon septic tank and 12'x 28' absorption bed is proposed as the most feasible solution, given the small property size, and location of existing structures. Flow into proposed IWS exceeds five (5) bedroom/1,000 gallons per day. The three (3) dwellings have a total of six (6) bedrooms. Estimated design flow is 1,200 gallons per day. Existing cesspools servicing three (3) dwellings are to be abandoned. The dwellings are located at 82- 6167 Mamalahoa Highway, Captain Cook, Hawaii and the property is identified as TMK: (3) 8-2-015: 017. The property is 24,132 square feet in size. The applicant has made the following statements. The area of the (usable) lot (area) is 24,132 square feet. This is insufficient to meet the minimum land area of 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 estimate flow into the system would be 1,200 gallons per day. 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. Existing cesspools have failed. A new septic system is proposed to serve all residences. A new 1,500 gallon septic tank and 12'x 28' absorption bed is proposed as the most feasible solution, given the small property size and location of existing structures. 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 treatment system compared to the existing LCC. Therefore minimizes impact to the environment. David Knittle Residence Variance Application WW 228, Docket No. 06-VWW-17 Findings of Fact and Conclusions of Law, Page 2 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 contracted to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. 8. The proposed treatment individual wastewater system 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. 9. 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. 10. The variance is requested for the maximum of five (5) years. 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. Because the proposed improvement is being driven by the federal ban on large -capacity cesspools, we do not object to granting the variance; and B. We recommend that the facility's consultant contact Norris Uehara of the UIC Program at (808) 586-4258 to obtain backfilling instructions to properly backfill the existing cesspools. 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: 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. David Knittle Residence Variance Application WW 226, Docket No. 06 -VW W-17 Findings of Fact and Conclusions of law, Page 3 B. If seepage pits are used for effluent disposal, each septic tank shall be fitted with an effluent filter(s). C. If soil absorption beds or trenches are used for effluent disposal, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. D. 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: 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 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 operation. 2. If a soil absorption bed /leach lines are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program David Knittle Residence Variance Application WW 228, Docket No. 06 -VW W-17 Findings of Fact and Conclusions of Law, Page 4 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. 3. The septic tank serving the three (3) -2 bedroom or bedroom -like rooms dwelling units shall be enlarged to a minimum size of 1500 gallons. 4. Only two individual wastewater systems (IWS), with a combined maximum design flow of 2,030 gallons per day will be allowed in the subject property. No building modifications, alterations or additions will be allowed that will increase wastewater flows from the existing design flow of 2,030 gallons per day. The owners shall execute and file a covenant on the property stating that no increase in the wastewater flow is 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 parties and their respective heirs, successors, and assigns. 5. 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. 6. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, November 22, 2006 THOMAS E. RIZUMI,.E. IEF Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. David Knittle Residence Vadance Application WW 228, Docket No. 06-VWW-17 Findings of Fact and Conclusions of Law, Page 5 Transmittal Date: Director of Health - Chilgome Leinaala Fukino Wastewater Branch Variance Application Docket No. i� - vvvvv - APP # W W Deputy Director for Environmental Health Administration - Laurence Lau Name/Title: 'Davi G t�/ X Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions Law ..i'TSiu-k-40.1 Mn ArmrnTT 12'Cll1r7MV.r)- Director of Health - Chilgome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau I X Chief, EMD - Thomas & Arizumi ed. Attorney General's Office, AG Mark Bennet, Deputy Mark McConnet D Bill Cooper Clean Water Branch - Denis Lau ' Environmental Planning Office - Kelvin Sunada ' Safe Drinking Water Branch - Stuart Yamada Sanitation Branch - Commercial Pro 'es Only Wastewater Branch Staff Personnel Kona - Dane Hiromasa (TMKs 5, 6, 7, S, 9) [ Hilo - Jerry Nunogaws (TMKs 1, 2, 3, 4) [ ] Kauai - [ ] Maui - Roland Tejano ( ] Oahu - Johnny Ong Water Departments [ l Board of Water Supply - Clifford Lum P<County of Hawaii Dept of Water Supply - Milton Pavao ( l County of Maui Dept of Water Supply - George Y. Tengan [ ] Kauai County Department of Water - Edward Tachlipp ( 1 District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City 8r County of Honolulu, Department of Planning & Permitting County of ( Council Oahu Nei hborhood Board # Mn ArmrnTT 12'Cll1r7MV.r)- From: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone ($08) 586-4294 fax (SOS) 5,96-4300 2006 variance route slip - final decisiondoc as of 06/15/2006 vww Here is the FINAL SIGNED Decision & Order and Findings of Fact Sr Conclusions of La I X ed is for your information to file or discard at your discretion. No action is rq The attachm ed. 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 ($08) 586-4294 fax (SOS) 5,96-4300 2006 variance route slip - final decisiondoc as of 06/15/2006 vww