HomeMy WebLinkAboutCOM 0223.000 2006-2008LINDA LINGLE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378
HONOLULU, HAWAII 96801
March 1, 2007
CERTIFIED MAIL 7005 1160 0001 8381 4465
RETURN RECEIPT REQUESTED
CHIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
In reply, please refer to:
EMD/WB
WW 237 FINAL DEC CL
Mr. Ronald Layaoen
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720
Dear Mr. Layaoen:
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=a
Subject: Variance Application No. WW 237 Docket No. 06-VWW-26 �.
Use of a Treatment Individual Wastewater System to replace a LCC
Serving the State Office Building & the North Kohala District Court
.v
54-3900 Akoni - Puli Highway, Kapaau, Hawaii
TMK: (3) 5-4-005: 001
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on
February 16, 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,
7
THOMAS E. AR/IZU�MI,E., IEF
Environmental Managem ivision
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' trlct Health Office - Hilo
awaii County Council
Applicant: Mr. Glenn Okada, DAGS
Comm. No. 22'
Ref. To: ^ ,_
Ref. Date MAR n g ?nn?
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 237
for Individual Wastewater System
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
Docket No. 06-VWW-26
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:
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. If the existing cesspool is used as a seepage pit for effluent disposal, then the
seepage pit shall be permitted 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 IWS 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, February 16, 2007
THOMAS E. ARIZUW R - Lt., CHIEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 237
for Individual Wastewater System
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
Docket No. 06-VWW-26
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.
Findings of Fact
The individual authorized to act for the applicant, Mr. Ronald Layaoen of Okahara &
Associates, 200 Kohola Street, Hilo, Hawaii has applied for a five-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 HAIR 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
Court Buildings into the proposed septic system will be 1,875 gpd. There is insufficient suitable
District Court Building, Hilo - Variance Application WW 237, Docket No. 06 -VW W-26
Findings of Fact and Conclusions of Law, Page 1
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.
The large capacity septic system proposed to serve the facility would not comply
with HAIR 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
1,875 gallons per day.
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 County 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
a County sewer system in the Kapaau area or within the vicinity of the project
District Court Building, Hilo - Variance Application WW 237, Docket No. 06 -VW W-26
Findings of Fact and Conclusions of Law, Page 2
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.
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:
The Clean Water Branch submitted the following comment:
Have no objection to the granting of this variance application.
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. hawaii.gov/health/environ mental/water/sdwb/uic/u icprogram. html.
Backfilling and abandonment of an injection -well large capacity cesspool
must be under the written instructions form the SDW B'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.
4. The Wastewater Branch states that there is no existing sewer service system
District Court Building, Hilo - Variance Application WW 237, Docket No. 06-V W W-26
Findings of Fact and Conclusions of Law, Page 3
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 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.
C. If the existing cesspool is used as a seepage pit for effluent disposal, then
the seepage pit shall be permitted per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Branch. And
D. 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:
The granting of the variance is in the public interest as defined in the Hawaii
Revised Statutes, Section 342D -6(c)(4).
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
District Court Building, Hilo - Variance Application WW 237, Docket No. 06 -VW W-26
Findings of Fact and Conclusions of Law, Page 4
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. 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.
If the existing cesspool is used as a seepage pit for effluent disposal, then the
seepage pit shall be permitted 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 IWS 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, February 16, 2007
OMAS E. ARIZU P. ., CHIEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
District Court Building, Hilo - Variance Application WW 237, Docket No. 06 -VW W-26
Findings of Fact and Conclusions of Law, Page 5
Transmittal Date:
Mava,
1
1 t
Wastewater Branch Variance Application Docket No. 0 - VW - _DQ�7 APP * WW
Name/Title: DlUV--t — M=1 QUO(
W
Subject: Final Signed Decision Cover Letter, Signed DecisioA & Order & Find4s of Fact & Conclusions of Law
ROUTE TO:
U
NO ACTION
Here is the FINAL SIGNED Decision & Order and Findings of Fact & 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
From: Mr, Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 58'6-4300
2006 variance route slip - final decisiomdoc as of 06/15/2006 vww
Director of Health - Chi orae Leinaala Fukino
Deputq Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas & Arisumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConneL Peputq Bill Cooper
Clean Water Branch - Bea� I f'
Environmental Planning Office - Kelvin Sunga
Safe Prinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[�>Q Kona - Dane Hiromasa (TMKs 5, 6, 7, S, 9)
[ 1 Hilo - Jerry Nunogawa (TMK91, 2, 3, 4)
I 1 Kauai -
[ ] Maui - Roland Tejano
[ ] Oahu - Johnng Ong
Water Departments
[ ] Board of Water Supply - Clifford Lura
County of Hawaii Dept of Water Supply - Milton Pavao
] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai Count -9 Department of Water - Edward Tschupp
[ ] District Health Office - Maui - Herbert Matsubayasht Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekunw% Chief Sanitarian
[ istrict Health Office - Hilo - Aaron Ueno, Chief Sanitarian •
City & County of Honolulu, Department of Planning Sr Permitting
County of Council -
Oahu Neighborhood Board o
E. Acne
o LAOS
U
NO ACTION
Here is the FINAL SIGNED Decision & Order and Findings of Fact & 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
From: Mr, Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 58'6-4300
2006 variance route slip - final decisiomdoc as of 06/15/2006 vww