The URL can be used to link to this page

Home My WebLink AboutCOM 0145.000 2006-2008 o. ' lY 1...~9.!K r 9 ~.Lri b/ , LINDA LINGLE . CHIYOME LEINAALA FUKINO, M.D. .~r~ 'JT GOVERNOR OF HAWAII DIRECTOR OF HEALTH - STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please reler lo: HONOLULU, HAWAII 968013378 File: W W 237 Draft Dec CL r..;wb70051 January 19, 2007 ~7 L On Mr. Ronald Layaoen w Okahara & Associates, Inc. 200 Kohola Street -a Hilo, Hawaii 96720 ~ "7. Dear Mr. Layaoen: - Subject: Variance Application No. WW 237 Docket No. O6-VWW-26 Use of a Treatment Individual Wastewater System to replace a LCC Serving the State Office Building & the North Kohala District Court 54-3900 Akoni - Puli Highway, Kapaau, Hawaii TMK: (3) 5-4-005: 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, 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, ? 1'c~L-/ , L~~ 71'1 i.1, . THOMAS E. A/RIZUN)t, P.E~ HIEF Environmental Manageffient 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 ,/Hawaii County Council ~ y Applicant - Mr. Glenn Okada, DAGS twomm. NO. Rif. To: Ref. Date .IAN 3 0 20flT STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No, 06-VWW-26 Variance Application No. WW 237 for Individual Wastewater System ) Use of a Treatment Individual ) DRAFT -SIGNATURE NOT REQUIRED Wastewater System to Replace a LCC ) Serving the State Office Building & the ) North Kohala District Court ) 54-3900 Akoni Puli Highway, Kapaau ) Hawaii 96755 ) TMK: (3) 5-4-005: 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 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. If a soil absorption bed or trenches are used, the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 4. The septic tank shall be enlarged to accommodate the sludge accumulation and scum formation. 5. Operation of the treatment IW S shall be checked periodically to insure proper care is being carried out to prevent any spill. 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-26 Variance Application No. WW 237 ) for Individual Wastewater System ) Use of a Treatment Individual ) DRAFT -SIGNATURE NOT REQUIRED Wastewater System to Replace a LCC ) Serving the State Office Building & the ) North Kohala District Court ) 54-3900 Akoni Puli Highway, Kapaau ) Hawaii 96755 ) TMK: (3) 5-4-005: 001 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Glenn Okada of the State of Hawaii Department of Accounting General Services, Hawaii District Health Office, Hilo, 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. Findincas of Fact The individual authorized to act for the applicant, Mr. Ronald Layaoen of Okahara & Associates, 200 Kohola Street, 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." The applicant has requested a variance from HAR 11-62-31.1 (a)(2)(D) stating the current cesspool serves both the State Office Building and the North Kohala District Court Building. The estimated maximum daily wastewater flow from both the State Office and District District Court Building, Hilo -Variance Applicetion W W 237, Docket No. O6-VWW-26 Findings of Fact and Contusions of Law, Page 1 Court Buildings into the proposed septic system will be 1,875 gpd. There is insufficient suitable open area into which a separate IWS can be constructed for each building, so the flows from each building will be combined and treated via a single septic system that will exceed the 1,000 gpd flow limit. The project is located at 54-3900 Akoni-Puli Highway, Kapaau, Hawaii and identified as TMK: (3) 5-4-005: 001. 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 {WS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1,875 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 facility has been in operation for 33 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. 7. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 8. The North Kohala State Office Building and District Court are located in the town of Kapaau, located on the Northern portion of the Island of Hawaii. After consultation with the Gaunty of Hawaii, Department of Environmental Management during the project's preliminary design stage, it was determined that the County of Hawaii has no immediate or future plans for the installation of Distract Court Building, Hilo - Vadance Application W W 237, Docket No. O6-V W W-26 Findings of Fact and Conclusions of Law, Page 2 a County sewer system in the Kapaau area or within the vicinity of the project site. Thus, the proposed septic system will be in service for longer than the maximum of five (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 were 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. The project site is situated "mauka" or above the Underground Injection Control (UIC) line. Therefore, the property overlies or recharges a potential underground source of drinking water. Hawaii Administrative Rule (HAR), Title 11, Chapter 23, Underground Injection Control, prohibits new sewage injection wells above the UIC line; B. The Department of Accounting and General Services, Hawaii District Office must submit a completed abandonment application form to the Safe Drinking Water Branch (SDWB) at 919 Ala Moana Boulevard, Room 308, Honolulu, Hawaii 96814. The abandonment application form is available at: www. haws ii.gov/health/environmental/water/sdwb/uic/u icprogram. html. Backfilling and abandonment of an injection-well large capacity cesspool must be under the written instructions form the SDWB's UIC program. Unauthorized backfilling and abandonment may be subject to re- excavation and proper backfilling by the owner and witnessing by the Department; C. The facilities must tie-in when the County sewer line becomes available; and D. Because the variance is being driven by the Federal ban on large- capacity cesspools, we have no objection to granting the variance. Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any questions. District Court Building, Hilo -Variance Application W W 237, Docket No. 06-VW W-26 Findings of Fad and Condusions of Law, Page 3 4. 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: DisVict Court Building, Hilo - Valance Application W W 237, Docket No. O6-V W W-26 findings of Fact and Contusions 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. If a soil absorption bed or trenches are used, 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. 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. District Court Building, Hilo -Variance Application W W 237, Docket No. O6-VW W-26 Findings of Fad and Conclusions of Law, Page 5 ~ansmittal Date: S ease Date: , Wastewater Branch Variance A lication Docket No. 0 ~ - V W W - 2fp APP ~ W W 2 Name/Title: prS l,(,v1" - I ul i SubJeCt Draft Decision Letter with Decision &r Order and Findin of Fa Conclusions of Law ROUTE T0: Director of Health -Chi Dine Leinaala Fukino D Director for Environmental Health Administration -Laurence Lau Chief, £MD -Thomas 8 Arisumi Attorney General's Office, AG Mark Bennet, De Mark McConneL De Bill Coo Clean Water Branch - 9eais-baa /~C~j Environmental Plannin Office - Kelvin S da • Safe Drinkin Water Branch -Stuart Yamada • Sanitation Branch -Commercial Pro rties Only Wastewater Branch Staff Personnel DQKona -Dane Hiromasa (TMKs 5, 6, S, 9) ~ [ ]Hilo -Jerry Nunoqawa (TMKs 1, 2, 3, 4) [ 1 Kauai - [ ]Maui -Roland Tejano [ ]Oahu-Johnn On Water Departments [ J Board of Water Supply -Clifford Lum f County of Hawaii Dept of Water Supply -Milton pavan • [ ]County of Maui Dept of Water Supply -George Y. Tengan [ ]Kauai Count De nt of Water -Edward Tschu [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian ['Q District Health Office -Hilo -Aaron Ueno, Chief Sanitarian . City 8r County of Honolulu, De artment of Plannin $ Perini ' County of q l I Council Oahu Nei hborhood Board • Ca enn OkadA • ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision 8r 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. If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (SOS) 586-4300. Received by W WB 2006 variance route stip -draft decisiondoc as of 06/15/2006 vww