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Home My WebLink AboutCOM 0117.000 2006-2008 • ~ O~ Mai ~..':',95a .V1 i J~0/ LINDA LINGLE t f CHIyOME LEINAALA PUKINO, M.D. GOVERNOR OF HAWAII 3 DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 3378 In reply, please refer to: HONOLULU, HAWAII 96801-3378 File: W W 230 FINAL S7EA CL X045 January 18, 2007 ~7 t:~ ~ _ CERTIFIED MAIL 70051160 0001 8381 4182 _ rv RETURN RECEIPT REQUESTED -o Mr. Theodore Baldau - ~ RT Engineers, Inc. H~ P.O. Box 390628 c-~ Kailua-Kona, Hawaii 96739 Dear Mr. Baldau: Subject: Variance Application No. WW 230 Docket No. 06-VWW-19 Large Capacity Cesspool Upgrade Restaurant /Food Establishment and Office at 77-6400 Nalani Street, Kailua-Kona, Hawaii TMK: (3) 7-7-009: 020 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on January 10, 2007 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, THOMAS E. AR?IZUMI, 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 D' rict Health Office -Hilo ~nty of Hawaii Council COMM. fJO. ~ . Mr. Leo Lemelin Ref. To: Ref. Date ~,~A~ ~ 2~ STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VW W-19 Variance Application No. WW 230 ) for Individual Wastewater System ) Large Capacity Cesspool Upgrade ) Restaurant /Food Establishment and Office ) 77-6400 Nalani Street ) Kailua-Kona, Hawaii ) TMK: (3) 7-7-009: 020 ) 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)(2)(A) 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, then the septic tank shall be fitted with an effluent filter(s). 3. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 4. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, January 10.2007 `Jl~'t6a-- G THOMAS . ARIZUMI, P. CHIEF Environmental Management Division ' STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 06-VW W-19 Variance Application No. WW 230 ) for Individual Wastewater System ) Large Capacity Cesspool Upgrade ) Restaurant /Food Establishment ) and Office at ) 77-6400 Nalani Street ) Kailua-Kona, Hawaii ) TMK: (3) 7-7-009: 020 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Leo Lemelin, in care of Clark Realty, Kailua-Kona, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(2)(A) 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, Mr. Theodore Baldau of RT Engineers, Inc., Kailua-Kona, Hawaii has applied for afive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(2)(A) which states "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under the buildings." The applicant is requesting to use an individual wastewater system (IWS) such as a septic tank system to replace an existing large capacity cesspool serving arestaurant/food establishment & office located at 76-6400 Nalani Street, Kailua-Kona, Hawaii and identified as TMK: (3) 7-7-009: 020. The total area of the subject lot is 9,914 square feet. The lot has a single building on it with a footprint of approximately 2670 square feet. This leaves a net area of usable land of 7,248 square feet. The estimated wastewater flow is 1,000 gpd and will exceed 1,000 gpd per 10,000 square feet of usable land. The applicant has made the following statements. 1. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-31.1(a)(2)(A) because there is less than 10,000 square feet of usable land for an estimated flow of 1,000 gpd. 2. The existing large capacity cesspool(s) must be closed and replaced with a new Leo Lemelin Restaurant - Variance Application W W 230, Docket No. O6-V W W-19, Findings of Fact and Conclusions of Law, Page t treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. 3. The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost. 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 IWS 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 system (IWS) 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 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. 8. The variance is requested for the maximum of five (5) years. 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 property is situated makai or below the Underground Injection Control (UIC} Line. Land areas below the UIC tine, in general, overlie aquifers that are not an underground source of drinking water for injection well regulatory purposes; B. Whereas the large-capacity cesspool turned seepage pit will not receive more than 1,000 gallons per day of wastewater, no UIC permit is required to operated the seepage pit; C. Whereas the variance is being driven by the federal ban on large-capacity Leo Lemelin Restaurant - Vadance Application W W 230, Docket No. 06-VW W-19, Findings of Fact and ConGUSions of Law, Page 2 cesspools, we have no objection to granting the variance; and D. If a variance is granted, appropriate conditions should be imposed to insure proper operation and maintenance of the septic tank 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 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, each septic tank shall be fitted with an effluent filter(s). C. If a soil absorption bed or trenches are used for effluent disposal, then the existing cesspools shall be abandoned per the requirements of the 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. Pretreatment shall meet the requirements of Chapter 11-62. F. The project shall connect to the County sewer service system should it become available to the area. 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 Leo Lemelin Restaurant - Variance Application W W 230, Docket No. 06•VW W-19, Findings of Fad and Contusions of Law, Page 3 have been met. Comment and Recpmmendation 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 IWS shalt 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 a seepage pit is used for effluent disposal, each septic tank shall be fitted with an effluent filter(s). 3. Pretreatment of all food waste wastewater shall be provided prior to entering the septic system. Pretreatment shall meet the requirements of Chapter 11-62. 4. The project shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Januarv'f0. 2007 rZZ~E? " L'~L. THOMAS E. ARIZUMI, P.E., IEF Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Leo Lemelin Restaurant - Variance Application W W 230, Docket No. O6-VW W-19, Findings of Fad and Contusions of Law, Page 4 f Transmittal Date: Wastewater Branch Variance Application o ket No. - VWW - _ APP ~ WW Name/Title: S Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact Pr Conclusions of Law ROUTE T0: Director of Health -Chi ome Leinaa]a Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizvmi Attorney General's Office, AG Mark Bennet, Deputy Mark McConnet, Deputy Bill Coo Clean Water Branch -Hems-Lau i Environmental Plannin Office -Kelvin ada r Safe Drinkin Water Branch - Stuart Yamada Sanitation Branch -Commercial Properties Only Wastewater Branch Staff Personnel Kona -Dane Hiromasa (TMKs 5, 6, 7, S, 9) [ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ ]Kauai - [ j Maui -Roland Tejano [ ]Oahu - Johnn 0 Water Departments [ ]Board of Water Supply -Clifford Lum County of Hawaii Dept of Water Supply -Milton Pavao . [ j County of Maui Dept of Water Supply -George Y. Tengan [ ]Kauai County De nt'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 &r Count of Honolulu, De artment of Plannin $r Permittin County of l~U I I Council Oahu Nei hborhood Board ~ M r. 1~'l NO ACTION REQUIRED: Here is the FINAL SIGNED Decision &r Order and Findings of Fact $r 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 96814-4920 phone (808) 586-4294 fax (808) 586-4300 2006 variance route slip - final decision.doc as of 06/15/2006 vww { i