HomeMy WebLinkAboutCOM 0082.000 2006-2008 6
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LINDA LINGLE ~ , ` CNIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII y,(t fake DIRECTOR OF HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3376 In reply, please refer to:
HONOLULU, HAWAII 96601-3376 File:
WW 233 FINAL DEC CL
wb61353
December 29, 2006
CERTIFIED MAIL 70051160 0001 8381 4441
RETURN RECEIPT REQUESTED
Mr. Valentin E. Bueno
Parsons, Brinckerhoff, Quade & Douglas, Ina ~
~
American Savings Bank Tower C ~ `I
1001 Bishop Street Suite 2400
Honolulu, Hawaii 96813 µ v7
Dear Mr. Bueno: ~ -
L,.
Subject: Variance Application No. WW 233 Docket No. 08-VWW-22 `D
Use of Individual Wastewater Systems at Kilauea Military Camp Recreati~5t
Center, Crater Rim Road, Hawaii National Park, Hawaii
TMK: (3) 9-9-001: 001
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for 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,
' ;1,3 ~ 7,
to ~,a~_
--=a-THOMAS E. ARfLUMI, 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 Staff Engineer
Department of Water Supply -County of Hawaii
District Health Office -Hilo
>~unty of Hawaii Council
Applicant -Wheeler Army Airfield Comm. No.
Ref. To:
Ref. Date 0~~
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-22
Variance Application No. WW 233 )
for Individual Wastewater System )
Use of Individual Wastewater System )
at Kilauea Military Camp Recreation )
Center at Crater Rim Road, )
Hawaii National Park, Hawaii )
TMK: (3) 9-9-001: 001 )
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. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter 11-62.
3. Septic tanks utilizing seepage pits as disposal shall be fitted with an effluent
filter(s).
4. If a soil absorption bed/leach lines are used, existing cesspools receiving more
than 1000 gallons per day 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 seepage pit for the wastewater system, the seepage
pit(s) shall be properly permitted by the Underground Injection Control program.
5. The septic tank shall be enlarged to accommodate sludge and scum formation.
6. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, December 26.2006
L~' ' l a
~~THOMA E. ARIZ I, P.E., CHIEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-22
Variance Application No. WW 233 )
for Individual Wastewater System )
Use of Individual Wastewater System )
at Kilauea Military Camp Recreation )
Center at Crater Rim Road, )
Hawaii National Park, Hawaii )
TMK: (3) 9-9-001: 001 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Directorate of Public Works, Wheeler Army Airfield, U.S. Army
Garrison, Hawaii, Schofield Barracks, 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 November 7, 2006 issue of
the Honolulu Star Bulletin and the November 9, 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.
Findinos of Fact
The individual authorized to act for the applicant, Mr. Valentin E. Bueno, Design
Engineer from Parsons, Brinckerhoff, Quade & Douglas, Inc., 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 has stated that there are existing building at the Kilauea Military Camp
(KMC) facility serviced by several large capacity cesspools. The large capacity cesspools must
be taken out of service and replaced with onsite wastewater systems. These onsite wastewater
systems would be treating more than the maximum 1000 gpd allowed. The subject project is a
recreation facility -rental units, located at Crater Rim Road, Hawaii National Park, Hawaii and
identified as TMK: (3) 9-9-001: 001.
Kilauea Military Camp Variance Application WW 233, Docket No. 06-VWW-22
Findings of Fact and Conclusions 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 see
Attachment B 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 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 IW S will provide a better wastewater treatment system compared to the
existing LCC. Therefore minimizes impact to the environment.
4. The proposed treatment individual wastewater systems will provide greater
protection than the large capacity cesspools. The proposed IW S 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.
5. The existing location of the facility is severely restrictive There is simply no
space to construct a wastewater treatment plant.
6. The variance is requested for the maximum of five (5) years.
Plot maps have been attached to this application for variance but can not be shown
here. If you would like to review the complete application, please call or write to the Wastewater
Branch.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Have no objection to the granting of 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 the granting of this
variance; and
B. Apparently, many of the existing cesspools receive more than 1000
gallons per day (gpd) of wastewater. Therefore, Underground Injection
Control (UIC) regulations are applicable and a UIC permit will be required.
We recommend that the consultant contact Norris Uehara of the UIC
program at (808) 586-4258 to discuss UIC regulatory requirements.
Kilauea Military Camp Variance Application W W 233, Docket No. O6-V W W-22
Findings of Fact and Conclusions of Law Page 2
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 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, than each septic tank shall
be fitted with an effluent filter(s). For seepage pits receiving more than
1000 gallons per day, please contact the UIC program.
C. If a soil absorption bed/trenches are used for effluent disposal, existing
cesspools receiving more than 1000 gallons per day 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.
E. Food wastes from commercial kitchens shall be pre-treated before
entering the septic tank(s).
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.
Kilauea Military Camp Vadance Application W W 233, Docket No. 06-V W W-22
Findings of Fact and Contusions 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. Pretreatment of all food waste wastewater shall be provided prior to entering the
septic system. Pretreatment shall meet the requirements of Chapter 11-62.
3. Septic tanks utilizing seepage pits as disposal shall be fitted with an effluent
filter(s).
4. If a soil absorption bed/leach lines are used, existing cesspools receiving more
than 1000 gallons per day 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 seepage pit for the wastewater system, the seepage
pit(s) shall be properly permitted by the Underground Injection Control program.
5. The septic tank shall be enlarged to accommodate sludge and scum formation.
6. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, Decembber 26.2006
0~1jtDttrA.~~. ~6wa~--_
--~»~Thomas Arizumi,
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kilauea Military Camp Vadanca Application W W 233, Docket No. O6•V W W-22
Findings of Fact and ConGUSions of Law Page 4
Transmittal Date:
Wastewater Branch Variance Applic tion Docket No. - VWW - _ P ~ WW
$ubJect: Final Signed Decision Cover Letter, Si ed Decision & Order &r Findings of Fact & Conclusions of Law
ROUTE TO:
Director of Health -Chi ome Leinaala Fukino
De ty Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorney General's Office, AG Mark Bennet, De ty Mark McConnel, De Bill Cooper
Clean Water Branch-~ ~
Environmental Plannin Office - Kelvin S da ~
Safe Drinkin Water Branch - Stuart Yamada '
Sanitation Branch -Commercial Properties Only
Wastewater Branch Staff Personnel
DQ Kona -Dane Hiromasa (TMKs 5, 6, 7, 8', 9)
[ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
I 1 Kauai -
[ ]Maui -Roland Tejano
[ ]Oahu -Johnny 0
Water Departments
[ ]Board of Water Supply -Clifford Lum
[7QCounty of Hawaii Dept of Water Supply -Milton Pavao ~
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County De artment of Water -Edward Tschu
[ ]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 $ Permittin
County V1Gl ( Council
Oahu Nei hborhood Board
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision &r Order and Findings of Fact 8r Conclusions 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 application process.
From; Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 968'14-4920
phone (808) 586-4294 fax (808) 5$6-4300
2006 variance wore slip -final decision.doc as of 06/1S/2006 vww