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LINDA LINGLE 1 CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ ~~,?y ` DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In rapt', please refer to:
HONOLULU, HAWAII 9fi801-3378 File:
W W 232 FINAL DEC CL
wb61337
December 27, 2006
CERTIFIED MAIL 70051160 0001 8381 4458
RETURN RECEIPT REQUESTED
V
l~
Mr. Dennis T. Inouye ~
Septic Designs - -
884 Kupulau Road ~ rs,
Hilo, Hawaii 96720
Dear Mr. Inouye: 1=
cfl
Subject: Variance Application No. WW 232 Docket No. O6-VWW-21 _J
Proposed Septic System to Serve Two Existing Dwellings
Honokaa - Waipio Government Main Road, Honokaa, Hawaii
TMK: (3) 4-5-009: 012
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for a variance request which was GRANTED on
December 29, 2006 for one (1) year. 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.
Sincere) ,
r / 126- J~~'~
OMAS E. ARFZGMI, P.E., CHFEF
Environmental Management Division
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 -Hilo Staff Engineer
Department of Water Supply - County of Hawaii
9(strict Health Office -Hilo
yt;ounty of Hawaii Council
Applicant - Mr. Cary Yamada
Comm. No._~_
Ref. To:
Ref. Date~~~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. O6-VWW-21
Variance Application No. WW 232 )
for Individual Wastewater System )
)
Proposed Septic System to Serve )
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 Title 11,
Administrative Rules and based upon the application and staff review, the Variance Request
from the provisions of Chapter 11-62, Section 11-62-31.1(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 W astewater 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 cesspools each serving a two (2) bedroom dwelling
unit are 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-VW W-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 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, December 29.2006
- ~~~GL ~
/
THOMAS E. ARIZUMI, P.E., F
Environmental Management Division
Mr. Cary Yamada - Variance Application W W 232, Dockel No. O6-VW W-21, Decision & Order, Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No, O6-VWW-21
Variance Application No. WW 232 )
for Individual Wastewater System )
Proposed Septic System to Serve )
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.
Findings of Fact
The individual authorized to act for the applicant, Mr. Dennis T. Inouye of Septic
Designs, Hilo, Hawaii, has applied for aone-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 dwellings 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 Government 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. O6-VW W-21
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 (2) 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 properly 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. We 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 2-bedroom
dwelling units and the two (2) existing cesspool each serving a single two
Mr. Cary Yamada - Variance Application W W 232, Docket No. 06-VW W-21
Findings of Fact and ConGUSions of Law, Page 2
(2) bedroom dwelling will be considered collectively as 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.
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 {W 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 Wastewater 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. O6-VW W-21
Findings of Facl and Conclusions 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 cesspools each serving a two (2) bedroom dwelling
unit are 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 IW S 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, December 29.2006
r~i~s~
4
THOMAS E. ARIZUMI, P.E., C
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Mr. Cary Yamada - Vadance Application W W 232, Docket No. 06-V W W -2~
Findings of Fact and Contusions of Law, Page 4
Transmittal Date: ~.Q(,Q,~'n ~ 2p
Wastewater Branch Variance Application Docket No. - VWW - APP ~ WW?~_
Name/Title: np
SubJect: Final Signe Sion Cover Letter, Signed Decision Pr Order & Findings of Fact Fs Conclusions of Law
ROUTE TO:
Director of Health - Chiyome Leinaala Fukino
Deputy Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas >a Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, De Bill Coo r
Clean Water Branch - Beris-bau I
Environmental Plannin Office - Kelvin S '
Safe Drinking Water Branch - Stuart Yamada '
Sanitation Branch -Commercial Pro ies Only
Wastewater Branch Staff Personnel
[ ]Kona -Dane Hiromasa (TMKs 5, 6, 8, 9)
[~C~ Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) ~
I 1 Kauai -
[ ]Maui -Roland Telano
[ ]Oahu -Johnny O
Water Departments
[ ]Board of Water Supply -Clifford Lum
[~Q County of Hawaii Dept of Water Supply -Milton Pavao ,
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai Coup De artment'of Water -Edward Tschu
[ j 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 & County of Honolulu, Department of Plannin 8r Permittin
County of Council
Oahu Nei hborhood Board
. v. (AXYlAd.Ll ,
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision 8r Order and Findings of Fact 8r Conclusioaa of Law.
X The attached is for your information to file or discard at your discretion. No action is required
Thank you for your assistance in the variance a lication rocess.
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300
2006 variance route slip -final decision.doc as of 06/15/2006 vww