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Home My WebLink AboutCOM 0079.000 2006-2008 •~'~sn\ i LINDA LINGLE ~ CHIYOME LEINMLA FUKINO, M.D. GOVERNOR OF HAWAII fl'i 1~ DIRECTOR OF HEALTH 'u r` STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, please refer to: HONOLULU, HAWAII 966013376 File: W W 234 Drafl Dec CL wb61298 December 18, 2006 h1 L'J C_) ~J Mr. Ronald Layaoen, Project Engineer C~r> ~ Okahara & Associates, Inc. c~ 200 Kohola Street _ t Hilo, Hawaii 96720 :S+ Dear Mr. Layaoen: H ~ Subject: Variance Application No. WW 234 Docket No. O6-VWW-23 rv Individual Wastewater System for Lailani Multi-Family Housing ~ Buildings 13, 1 6 & 17 -Septic Tanks L1 - L7 74-984 Manawalea Street, Kailua-Kona, Hawaii TMK: (3) 7-4-017: 060 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, January 5, 2007. 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, fv~ THdMAS E. ARTZUMI, P.E., CHIEF 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 pplstrict Health Office -Hilo ?Hawaii County Council Applicant -Hawaii Public Housing Authority Comm. No.______._..._ Ref. To: Ref. Dat STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. O6-VWW-23 Variance Application No. WW 234 ) for Individual Wastewater System ) Use of an Individual Wastewater ) DRAFT -SIGNATURE NOT REQUIRED System for Lailani Multi-Family Housing ) Buildings 13, 16 & 17 ) Septic Tanks L1 - L7 ) 74-984 Manawalea Street ) Kailua-Kona, Hawaii ) TMK: (3) 7-4-017: 060 ) 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. Each septic tank shall be fitted with an effluent filter(s). 3. The septic tank shall be enlarged to accommodate more than two (2) dwelling units connected to a single septic system. 4. If the existing cesspool receives more than a thousand gallons per day of wastewater and is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Well Control program of the Safe Drinking Water Branch. 5. 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 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VWW-23 Variance Application No. WW 234 ) for Individual Wastewater System ) Use of an Individual Wastewater ) DRAFT -SIGNATURE NOT REQUIRED System for Lailani Multi-Family Housing ) Buildings 13, 16 & 17 ) Septic Tanks L1 - L7 ) 74-984 Manawalea Street ) Kailua-Kona, Hawaii ) TMK: (3) 7-4-017: 060 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Derek Fujikami of the Hawaii Public Housing Authority (HPHA), Honolulu, Hawaii on behalf of the Lailani Multi Family Housing 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 November 7, 2006 issue of the Honolulu Star Bulletin and the November 9, 2006 West Hawaii Today publications. Two (2) 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. Ronald Layaoen, Project Engineer of Okahara 8 Associates, Hilo, Hawaii has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states an "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 the continued use of seven (7) cesspools currently serving the three buildings that do not have access to the County's public sewer system. The seven cesspools are to be upgraded by the addition of a septic tank and converting the cesspools into seepage pits for effluent disposal. The variance is requested for five (5). All seven (7) of the Lailani Multi Family Housing Vadance Application WW 234, Docket No. 06-VWW-23 Findings of Fact and Conclusions of Law, Page 1 cesspool currently receive more than 1000 gallons per day. The property is located at 74-984 Manawalea Street, Kailua-Kona, Hawaii and identified as TMK: (3) 7-4-017: 060. The applicant has made the following statements. 1. Five (5) of the seven (7) proposed individual wastewater systems (IWSs)would receive more than 1000 gpd of wastewater. Three (3) of the proposed IWSs would each receive 1,600 gallons per day of wastewater and two (2) of the proposed IWSs would each received 1,200 gallons per day of wastewater. 2. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 to comply with federal requirements. 3. The facility has been in operation for 19 years in this location using the existing cesspool. The installation of a wastewater treatment plant in lieu of a septic system will not be possible due to space restrictions and may force the owner to abandon the business operation. 4. 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 IW S will provide a better wastewater treatment system compared to the existing LCC. Therefore, minimizes impact to the environment. 5. 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. 6. 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. 7. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 8. The variance is requested for the maximum of five (5) years. The following agencies submitted the following comments: 1. The Safe Drinking Water Branch submitted the following comments: Existing cesspools that receive greater than 1000 gallons per day (gpd) of wastewater should have been registered with a Underground Injection Control Lailani Multi Family Housing Variance AppliceGOn W W 234, Docket No. O6-VW W-23 - Findings of Fact and Conclusions of Law, Page 2 (UIC) permit. The facility does not have a UIC permit. The continued operation of the cesspools converted to seepage pits requires a UIC permit. We recommend that the facility's consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC regulatory requirements. 2. 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. B. Each septic tank shall be fitted with an effluent filter(s). C. 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. 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: 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. Lailani Multi Family Housing Vadance Application WW 234, Docket No. O6-VWW-23 Findings of Fact 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 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. Each septic tank shall be fitted with an effluent filter(s). 3. The septic tank shall be enlarged to accommodate more than two (2) dwelling units connected to a single septic system. 4. If the existing cesspool receives more than a thousand gallons per day of wastewater and is used as a seepage pit for the wastewater system, the seepage pit(s) shall be properly permitted by the Underground Injection Well Control program of the Safe Drinking Water Branch. 5. 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. Lailani Multl Family Housing Variance Application W W 234, Docket No. O6-V W W-23 Findings of Fad and Conclusions of Law, Page 4 . i Transmittal Date: 1 S erase Date: , Wastewater Branch Variance A plication Docket No. - VWW - 2 P Name/Tit]e: C.Q,I 0.f1 ~ ~1u l [ Subject: Draft Decision Letter with Decision $ Ord d Findin s of Fact 8r Conclusio I'. ~ ROUTE TO: Director of Health -Chi ome Leinaala Fukino ! ! De Director for Environmental Health Administration -Laurence Lau i i Chief, EMD -Thomas E. Arizumi Attorney General's Office, AG Mark Bennet, De y Mark McConnel, Deputy Bill C Clean Water Branch - Seris4,e~- 1 ' ' ! Environmental Plannin Office - Kelvin S Safe Drinkin Water Branch -Stuart Yamada ' Sanitation Branch -Commercial Pro rties Only Wastewater Branch Staff Personnel ~$ona -Dane Hiromasa (TMKs 5, 6, 9) [ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ]Kauai - ~ [ ]Maui -Roland Tejano ( ]Oahu -Johnny On Water Departments [ ]Board of Water Supply -Clifford Inure ~Sounty of Hawaii Dept of Water Supply -Milton Pavao ~ ! [ ]County of Maui Dept of Water Supply -George Y. Tengan j [ ]Kauai Count De artment of Water -Edward Tschu [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian j District Health Office -Hilo -Aaron Ueno, Chief Sanitarian City Pr County of Honolulu, Department of Plannin &r Permittin County of W G(I l Council Oahu Nei hlwrhood Boar ~ u i U t1Si /L c~~i ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision & Order, please submit them in writ' o arate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or di l! The SIGNED FINAL Decision & Order will be forthcoming. ' ' i~ If there are continents, send to: Mr. Harold Yee, Chief, Wastewater Branch ~ 919 Ala Moana Blvd. Room 309 ~ ~ Honolulu, Hawaii 96$14-4920 phone ($0$) 5$6-4294 fax ($0$) 5$6-4300. j!f I i~! I~ Received by W WB 2006 variance wale slip -draft decision.doc as of 06/15/2006 vww i