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LINDA LINGLE ~ 1 CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ya ~ j~ GIRECTOh OP HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 338 In reply, please refer to:
HONOLULU, HAWAII 96601 EMD/WB
WW 238 FINAL DEC CL
March 1, 2007
CERTIFIED MAIL 70051160 0001 8381 4472
.
RETURN RECEIPT REQUESTED
Mr. Ronald Layaoen C
Okahara & Associates, Ina ~ =D
200 Kohola Street - ~r:
Hilo, Hawaii 96720
Dear Mr. Layaoen: I_,
v
Subject: Variance Application No. WW 238 Docket No. O6-VWW-27~ ro
Use of a Treatment Individual Wastewater System to replace a1CC
Serving the South Kohala State Office 8~ District Court Buildings
67-5175 Kamamalu Street, Kamuela, Hawaii
TMK: (3) 6-7-002: 011
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
/ ~
~Y'~~i_.~3d ? 1
THOMAS E. A ZUMI, C IEF
Environmental Managemen Ivtston
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))'strict Health Office - Hilo
Wriawaii County Council Comm. No.
Applicant - Mr. Glenn Okada, DAGS Ref. TO: _
Ref. Uate MAR 0 6 2007
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 )
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. 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.
3. If the existing cesspool is used as a seepage pit for effluent disposal, then the
seepage pit shall be properly permitted by 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. ARIZUMI, P: C IEF
Environmental Management Division
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 )
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."
The applicant has requested this variance from HAR 11-62-31.1 (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.
District Court Kamamalu Street Variance Application WW 238, Docket No. O6-VWW-27
Findings of Fact and Contusions of Law, Page 1
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.
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 W aimea area or within the vicinity of the project site.
Thus, the proposed septic systems will be in service for longer than the
DisVict Court Kamamalu Street Variance Application WW 238, Docket No. O6-VWW-27
Findings of Fad and Conclusions of Law, Page 2
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 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.
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 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 properly permitted by the Underground Injection
Control program of the Safe Drinking Water Branch.
Distract Court Kamamalu Street Variance Application W W 238, Docket No. O6-VW W-27
Findings of Fact and Contusions of Law, Page 3
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:
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:
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.
3. If the existing cesspool is used as a seepage pit for effluent disposal, then the
seepage pit shall be properly permitted by 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.
District Court Kamamalu Street Variance Application W W 238, Docket No. 06-VW W-27
Findings of Fad and Conclusions of Law, Page 4
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 . ARIZU , P.E. HIEF
Environmental Manag t Division
District Court Kamamalu Street Variance Application W W 238, Docket No. 06-VW W-27
Findings of Fact and Conclusions oT Law, Page 5
'h~ansmittal Date: '
Wastewater Branch Variance A lication Docket No. 17 - VWW - 2 APP • WW 2~~
Subject Final S d Decision Cover Letter, ed Decision 8r Order & F s of Fact & Conchufons of Law
ROUTE TO:
Director of Health -Chi aa,e Leinaala Fukino
D Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas 8 Arisumi
Attorne General's Office, AG Mark Bennet, D Mark McConneL D Bill C
Clean Water Branch - Deaie~Lau j
Environmental Office - Kelvin S
Safe Water Branch - Stuart Yamada .
Sanitation Branch -Commercial Pr es Only
Wastewater Branch Staff Personnel
Kona -Dane Hiromasa (TMKa 5, 6, S, 9)
I 1 Hilo -Jerry Nunogawa i'1>vIICs 1, 2, 3, 4)
[ 1 Kavai -
I 1 Maut -Roland Te,]arw
[ ]Oahu -Johan
Water Deparhrents
[ ]Board of Water Supply - CHiford Lum
County of Hawaii Dept of Water Supply -Milton Pavao .
[ ]County of Maui Dept of Water Supply -George Y. Tenqan
[ ] Kauat C De 'of Water -Edward Tachu
[ ]District Health Office -Maui -Herbert Matsubaysshi, Chisf sanitarian
[ 1 District Health office -Kauai -Clyde Takekuma, Chief sanitarian
[ District Health Office -Hilo -Aaron Ueno, Chief Sanitarian ,
' City 8r County of Honolulu, D t of Plana' 8r P
County of Council
Oahu Nei hood Board •
V. G S•
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision 8r 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 our assistance in the variance a lication ocess.
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moans Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 58'6-4294 fax (808 586-4300
2006 variance route slip - final decision.doc as of 06/15/2006 vww