HomeMy WebLinkAboutCOM 0116.000 2006-2008 LINDA LINGLE ` ~ CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~ ~ DIRECTOR OF HEALTH
Sa,A~ j
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 968013378 File:
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W W 238 q~ft Dec CL
-""d~b70048
January 18, 2007
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Mr. Ronald Layaoen
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720
Dear Mr. Layaoen:
Subject: Variance Application No. WW 238 Docket No. 06-VWW-27
Use of a Treatment Individual Wastewater System to replace a LCC
Serving the South Kohala State Office & District Court Buildings
67-5175 Kamamalu Street, Kamuela, Hawaii
TMK: (3) 6-7-002: 011
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, February 9, 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,
/ ,
THOMAS E. ARIZUMI, P.R:;"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
District Health Office -Hilo b
~Y-lawaii County Council s:;omm. i~io.
Applicant - Mr. Glenn Okada, DAGS
Ref. To:
Ref. Dafe~~
Z_
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-27
Variance Application No. WW 238 )
for Individual Wastewater System )
Use of a Treatment Individual ) DRAFT -SIGNATURE NOT REQUIRED
Wastewater System to Replace )
a LCC Serving the South Kohala )
State Office & District Court Buildings )
67-5175 Kamamalu Street )
Kamuela, Hawaii )
TMK: (3) 6-7-002: 011 )
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 and 11-62-31.1(a)(2)(D) 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. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch.
3. The septic tank shall be enlarged to accommodate the sludge accumulation and
scum formation.
4. Operation of the treatment IWS shall be checked periodically to insure proper
care is being carried out to prevent any spill.
5. The project shall connect to the County sewer service system should it become
available to the area.
6. There is no automatic renewal. Applicant must resubmit an Application for
Variance for renewal.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required.
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
~r
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-27
Variance Application No. WW 238 )
for Individual Wastewater System )
Use of a Treatment Individual ) DRAFT -SIGNATURE NOT REQUIRED
Wastewater System to Replace )
a LCC Serving the South Kohala )
State Office & District Court Buildings )
67-5175 Kamamalu Street )
Kamuela, Hawaii )
TMK: (3) 6-7-002: 011 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Mr. Glenn Okada of DAGS, Hawaii District Office, Hawaii for a
five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section
11-62-03 and 11-62-31.1(a)(2)(D) was reviewed by the Department of Health staff. A
public notice of the application was printed in the December 2, 2006 issue of the
Honolulu Star Bulletin and the December 5, 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. Ronald Layaoen of
Okahara & Associates, Inc., Hilo, Hawaii 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." and Section 11-62-31.1(a)(2)(D) which states "The total wastewater flow into
each individual wastewater system shall not exceed 1,000 gallons per day."
District Court Kamamalu Street Variance Applica8on W W 238, Docket No. O6-VWW-27
Findings of Fact and Contusions of Law, Page 1
The applicant has requested this variance from HAR 11-(i2-31.1(a)(2)(D) stating
that cesspools currently serve both the South Kohala State Office and the District Court
Building. Both state buildings experience a high number of occupants during various
times of the year. The subject project proposes to replace each cesspool with a Septic
Tank-Absorption Bed system as a means for wastewater disposal. The proposed
replacement IWS for each building would receive more than 1000 gallons per day of
wastewater during times of high occupancy. The location of the South Kohala State
Office and the District Court Building is 67-5175 Kamamalu Street, Kamuela, Hawaii
and identified as TMK: (3) 6-7-002: 011.
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 1,095 gpd for the State Office Building and 2,775 gpd for
the District Court Building.
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 32 years in this location using the
existing cesspool. The installation of a wastewater treatment plant is 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 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 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.
District Court Kamamalu Street Vadance Application WW 238, Docket No. O6-VWW-27
Findings of Fact and Conclusions of Law, Page 2
7. The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
8. The South Kohala State Office Building and District Court are located in
the town of Waimea, located on the Northern portion of the Island of
Hawaii. After consultation with the County of Hawaii, Department of
Environmental Management during the project's preliminary design state,
it was determined that the County of Hawaii has no immediate or future
plans for the installation of a County sewer system in the Waimea area or
within the vicinity of the project site. Thus, the proposed septic systems
will be in service for longer than the maximum of 5 years under which the
requested variance would be in effect for. It is requested that a variance
be issued for five (5) years with automatic renewal for the life of the
facilities.
9. The variance is requested for the maximum of five (5) years.
Design Criteria and plot plans have been attached to the variance application but
can not be shown here.
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 have no objection to granting
the variance; and
B. The existing cesspools appear to have received more than 1000
gpd of wastewater from the two existing buildings. Therefore,
Underground Injection Control (UIC) regulations appear applicable.
To properly abandon the existing cesspools, a UIC injection well-
cesspool abandonment application needs to be submitted to obtain
proper closure instructions. Please contact Norris Uehara of the
UIC program at (808) 586-4258 to discuss UIC regulatory
requirements.
District Court Kamamalu Slreel Variance Application WW 238, Docket No. O6-VWW-27
Findings of Fact and Contusions of Law, Page 3
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. The existing cesspools shall be abandoned per the requirements of
the Underground Injection Control program of the Safe Drinking
Water Branch.
C. 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.
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:
District Court Kamamalu Street Variance Applicatlon W W 238, Docket No. O6-VW W-27
Findings of Fact and Conclusions of Law, Page 4
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. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Branch.
3. The septic tank shall be enlarged to accommodate the sludge
accumulation and scum formation.
4. Operation of the treatment IWS shall be checked periodically to insure
proper care is being carried out to prevent any spill.
5. The project shall connect to the County sewer service system should it
become available to the area.
6. There is no automatic renewal. Applicant must resubmit an Application for
Variance for renewal.
DATED: Honolulu, Hawaii,
Draft -Signature NOT required
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
District Court Kamamalu SUeet Variance Application W W 238, Docket No. 06-VW W-27
Findings of Fact and Conclusions of Law, Page 5
1~ansmiittal Date: erase Date: ,
Wastewater Branch Variance A lication Docket No. Q(Q - VWW - APP • WW
Name/'IStle: '(,fi - ma ~
Subject: Draft Decision Letter with Decision 8r Order and F' of Fact 8r Conclusions of Law
ROUTE T'0:
Director of Heakh -Chi ome Leinaala Fukino
D Director for Environmental Health Administration -Laurence Lau
Chief, EMD - Tlwmas E. Arisumi
Attorne General's Office, AG Mark Bennet, De Mark McConneL D Bill C
Clean Water Branch - 9erris-~a~- • •
Faroironmental Plannin Office -Kelvin
Safe Water Branch -Stuart Yamada
Sanitation Branch - Coaunercial Pr rties Onl
Wastewater Branch Staff Personnel
Kona -Dane Hiromasa CPMKs 5, 6, 7, 8, 9) •
[ ]Silo -Jerry Nunogawa (TMKs i, 2, 3, 4)
[ j Kauai -
[ 1 Maui -Roland Telarw
I l0ahu-Johns On
Water Departments
[ I Board of Water Supply -Clifford Inure
County of Hawaii Dept of Water Suppiy -Milton Pavao
[ County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai Coon D of Water -Edward T
I 1 District Health Office -Maui - Herbert Matsubayashi, Chief Sanitarian
[ 1 District Health office -Kauai - Clyde Takekuma, Chief Sanitarian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
j Ci 8e County of Honolulu, D t of 8r Perau '
C of W a t Council
Oahu Nei hood Board •
. ~ n l~rG S
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision 8e Order, please submit them in writing on a separate
sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard.
The SIGNED FINAL Decision 8r Order will be forthcoming.
]f there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulw Hawaii 968144920
phone ($O8~ SS'6-4294 fax ($08) SS6-4300.
Received by wws 2006 variance route sllp -dealt deciaion.dx as of 06/15/20()6 vww