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Home My WebLink AboutCOM 0083.000 2006-2008 0.1 ~ ~96p CHIYOME LEINAALA FUKINO, M.D. LINDA LINGLE GOVERNOR OF HAWAII 1~' DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply, please refer to: HONOLULU, HAWA11 96601-3376 File: W W 233 Draft Dec CL wb61310 December 20, 2006 ^a f'a L~ ~V Mr. Valentin E. Bueno ~ r- Parsons, Brinckerhoff, Quade & Douglas, Inc. " ~ American Savings Bank Tower 1001 Bishop Street Suite 2400 - ~ Honolulu, Hawaii 96813 ~ ~ Dear Mr. Bueno: - Subject: Variance Application No. WW 233 Docket No. O6-VWW-22 Use of Individual Wastewater Systems at Kilauea Military Camp Recreation Center Crater Rim Road, Hawaii National Park, Hawaii TMK: (3) 9-9-001: 001 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, la~l~,ur~,~'.- ~~2:a.r--- ^m~ THOMAS E. ARIZUMI, 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 Comm. No. ?Hawaii County Council Ref • T01 Applicant -Wheeler Army Airfield ~f3+, Uate JAN D 8 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 ) DRAFT -SIGNATURE NOT REQUIRED 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, 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-22 Variance Application No. WW 233 ) for Individual Wastewater System ) Use of Individual Wastewater System ) DRAFT -SIGNATURE NOT REQUIRED 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. Findings 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 W W 233, Docket No. O6-VW W-22 Findings of Fact and Conclusions of Law Page t 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 IWS 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 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. 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. 06-VW W-22 Findings of Fad 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 Variance Application W W 233, Docket No. O6-V W W-22 Findings of Facl 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 IW S 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. 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/teach 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, 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. Kilauea Military Camp Variance Application WW 233. Docket No. O6-VWW-22 Findings of Fact and Conclusions of Law Page 4 i Transmittal Date: Suspense Date: , Wastewater Branch Variance Ap lication Docket No. 8 - VWW - _ APP ~ Name/Title: a, uC.el 1' ~ ~ Subject: Draft Decision Letter with Decision Order and endings of Fact 8r Conclusions i;;~ ii ROUTS TO: Director of Health -Chi ome Leinaala Fukino Deputy 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 Clean Water Branch - He:+ie-bee V ' ' Environmental Plann' Office - Kelvin S da • Safe Drinkin Water Branch -Stuart Yamada Sanitation Branch -Commercial Pro roes Only Wastewater Branch Staff Personnel Kona -Dane Hiromasa (TMKs S, 6, 8', 9) ' [ )Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ]Kauai - [ ]Maui -Roland Tejano [ J Oahu -Johnny On Water Departments [ ]Board of Water Supply -Clifford Lum iii [County of Hawaii Dept of Water Supply -Milton Pavao • I [ j County of Maui Dept of Water Supply -George Y. Tengan [ ]Kauai County De arttnent 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, De artment of Plannin 8r Permittin ~ County of WQ.1 Council • ' ' i' Oahu Nei hborhood Board ~ ~ ~ ' ~ ACTION REQUESTED: ~ ~ ;i If you have comments or corrections to the DRAFT Decision & Order, please submit them in writiti~ separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or disjc i ~ ,i The SIGNED FINAL Decision & Order will be forthcoming. i If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (SOS') 586-4294 fax (SOS) 586-4300, Received by W WB 2006 variance route s8p -draft decision.doc as of 06/]5/2006 vww I' i' i ~ II ~!II~,