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Home My WebLink AboutCOM 0080.000 2006-2008 1 j~,asy t I CHIYOME LEINAALA FUKINO, M.D. LINDA LINGLE `s GOVERNOR OF HAWAII al j~" DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT Of HEALTH PO. BO% 3378 In ropy, please refer ro: HONOLULU. HAWAII 96801-3378 File: WW 231 FINAL DEC CL wb61350 December 29, 2006 CERTIFIED MAIL 70051160 0001 8381 4199 RETURN RECEIPT REQUESTED ~ V, Mr. Theodore Baldau d`~ a RT Engineers, Inc. , P.O. Box 390628 ~ ~ Kailua-Kona, Hawaii 96739 Dear Mr. Baldau: r. ~ - ~ ; Subject: Variance Application No. WW 231 Docket No. O6-VWW-20 ~ -c 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 the Department of Health's Decision and Order regarding the above mentioned application for a variance request which was GRANTED on December 28, 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. Sincerely, 1J _~~>vy THOMAS E. ARI~UMI, P.E., CHIEF 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 -Kona Engineer Department of Water Supply -County of Hawaii ~IStrict Health Office -Hilo /County of Hawaii Council Comm. No. Applicant -Starr Equities, Inc. Ref. To: Red. Date JAN 0 5 2007 - STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-20 Variance Application No. WW 231 ) for Individual Wastewater System ) Continued Use of an Individual ) Wastewater System (IWS) fora ) Retail Business located at ) 64-1067 Mamalahoa Highway ) Kamuela, Hawaiii ) TMK: (3) 6-4-006: 004 ) 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: 1. 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. 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 it become available to the area. DATED: Honolulu, Hawaii, December 28. 2006 1 -)sr THOMAS . ARIZUMO~P.E., CHIEF Environmental Management Division STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-20 Variance Application No. WW 231 ) for Individual Wastewater System ) Continued Use of an Individual ) Wastewater System(IWS)fora ) Retail Business located at ) 64-1067 Mamalahoa Highway ) Kamuela, Hawaiii ) TMK: (3) 6-4-006: 004 ) 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 is Mr. Theodore Baldau of RT Engineers, Inc. of Kailua-Kona, Hawaii. Mr. Baldau has applied for afive-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 -retail business. The commercial building has multiple tenant spaces and currently has 12 separate tenants. Wastewater volume fluctuates with tenant mix and may exceed 1,000 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. Starr Equities, Inc. Variance Application W W 231, Docket No. O6-VWW-20 Findings of Fact and Contusions of Law, Page 1 The applicant has made the following statements. 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 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. 5. 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. 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. 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; Starr Equities, Inc. Variance Application W W 237, Docket No. O6-VW W-20 Findings of FaG and Contusions of law, Page 2 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. 3. 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 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. F. Operation of the treatment IWS shall be checked periodically to insure proper care and to prevent any spill. Starr Equities, Inc. Variance Application W W 231, Docket No. 06-VW W-20 Findings of Fact and Conclusions of Law, Page 3 G. The project shalt connect to the County sewer service system should it become available to the area. Please contact the Planning & Design Section of the W astewater 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: 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 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: 1. 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. Starr Equities, Inc. Variance Application WW 231, Dockel No. O6-VWW-20 Findings of Facl and Conclusions of Law, Page 4 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, December 28. 2006 a c ~ ~*w~---- .THOMAS . ARIZUMI, .E., CHIEF ~ Environm ntal Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Starr Equities, Inc. Variance Application WW 231, Docket No. O6-VWW-20 Findings of Fact and Condusions of Law, Page 5 i 'transmittal Date: ~ Wastewater Branch Variance Application Docket No.pCo- VWW - _ APP • Name/Title: l ~"1 X8.1 - i Subject: Final Signed Decision over Letter, Signed Decision & Order & Findings of Fact 8r C ROUTE TO: ~ Director of Health -Chi ome Leinaa]a Fukino De ty Director for Environmental Health Administration -Laurence Lau j Chief, EMD -Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, De Bill Clean Water Branch - Berris-lae~ Environmental Plannin Office - Kelvin S Safe Dr' Water Branch - Stuart Yamada Sanitation Branch -Commercial Pro rties Only Wastewater Branch Staff Personnel Kona -Dane Hiromasa (TMKs 5, 6, 7, 9) [ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ 1 Kauai - I 1 Maui -Roland Tejano j [ ]Oahu - Johnn Water Departments [ ]Board of Water Supply -Clifford Lum [,c] County of Hawaii Dept of Water Supply -Milton Pavao [ ]County of Maui Dept of Water Supply -George Y. Tengan [ ]Kauai County De rit'of Water -Edward Tschu [ ]District Heath 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 Plannin & Permittin i County of ~ Council I Oahu Nei hborhood Board ~ N,i -2S (Yw . NO ACTION REQUIRED: i ~ Here is the FINAL SIGNED Decision 8r Order and Findings of Fact Pr Conclusions X The attached is for your information to file or discard at your discretion. No acti ~ Thank you for your assistance in the variance ap lication process. From; Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moans Blvd. Room 309 j Honolulu, Hawaii 96$14-4920 phone ($0$) 586-4294 fax (80$) 5$6-4300 ! 2006 variance route slip - final decision.doc as of 06/15/2006 vmv I i