HomeMy WebLinkAboutCOM 0291.000 2006-2008 ~~~asa"'r4
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LINDA LINGLE r CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ,{St (f"' OIRECTOF JF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3376 In reply. please refer to'
EMD/WB
HONOLULU, HAWAII 96601
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WU~'
45 PNIQL
March 21, 2007 ~
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Mr. Stephen J. Herbert
Consulting Engineer
74-5606 Pawai Place, Suite 203
Kailua-Kona, Hawaii 96740 - `-D
Dear Mr, Herbert:
Subject: Variance Application No. WW 245 Docket No. 07-VWW-03
Seven Lakes Investments, Inc.
To Upgrade the Existing Large Capacity Cesspools to
Treatment Individual Wastewater Systems
for Nine Rental Apartments at 55-3435 Akoni Pule Highway
Kapaau, Hawaii TMK: (3) 5-5-014: 012
The Department has reviewed your application for a variance from Chapter 11-62,
Hawaii Administrative Rules for the subject property. In accordance with Chapter
342D-7, HRS and Chapter 11-62, Section 11-62-41, a public notice of this proposed
activity is required.
Enclosed is a copy of the required public notice. Please read the public notice and
contact the Department of Health Wastewater Branch if any discrepancies or
corrections are required. If the public notice is satisfactory, the public notice is required
to be published in the Honolulu Star-Bulletin and West Hawaii Today one~1) time
only. Please contact the following agencies for assistance in the publishing of the
public notice (names and emails may have changed -this is only basic information on
file):
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500,
Honolulu, Hawaii 96813 Contact Elizabeth at phone (808) 529-4827,
fax (808) 529-4829, email elizabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone 329-9311 fax 329-3659 email llogan@westhawaiitoday.com
as ~
Comm. tMO.
Ref. To:
Ref. Uate MAR,^ `t~.:::X-
Mr. Stephen Herbert
March 21, 2007
Page 2
Failure to have this notice published within three (3) weeks of receipt of this letter, may
result in a greater delay of the final decision of this application for variance. All
publication costs are the responsibility of the applicant, Once published, you must
submit the original certified affidavits of the publication from bath newspaper
agencies to the Wastewater Branch at 919 Ala Moana Blvd. Room 309, Honolulu,
Mawaii 96814-4920 within fifteen (15) days after the publication date. Yau may make a
copy far your records. Please be advised that, pursuant to Chapter 342D-7, HRS, a
public hearing may be required as a result of this public notice. If so, you will be
required to publish a notice of public hearing.
Please find enclosed a receipt for your variance application for the amount of $300,00.
If you have any questions regarding the public notification procedure or the processing
of your variance application, please call the Planning & Design Section of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax
(808)586-4300.
Sincerely,
THQMAS E. ARIZUtv1I P,lCHIEF
Environmental Manag
me eat Division
Enclosures: Receipt No. 13866
Public Notice
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branca
Wastewater Branch• Kona Staff Engineer
Department of Water Supply - Gounty of Hawaii
OD,t~sMCt Health Office • Hilo
~frlawaii County Council
Applicant - Mr. David Paul Sennet
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 245
DOCKET NO. 07 - VWW - 03
Pursuant to Hawaii Revised Statutes (H.R.S.) §342D-7(i), the State Department of
Health (DOH) seeks written comments from interested persons regarding the following. Seven
Lakes Investments, Inc. of Kapaau, Hawaii has applied for a five (5) year variance from Hawaii
Administrative Rules (HAR) from 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.", Section 11-62-31.1(a)(1)(D) which
states "The total wastewater flow into one individual wastewater system shall not exceed one
thousand gallons and one individual wastewater system shall not serve more than five
bedrooms, whether they are in one dwelling unit or two." and Section 11-62-31.1(a)(2)(D) which
states "Developments involving buildings other than dwellings. The total wastewater flow into
each individual wastewater system shall not exceed one thousand gallons per day."
Mr. Stephen J. Herbert, Consulting Engineer from Kailua-Kona, Hawaii, is the individual
authorized to act for the applicant. The applicant has stated the requested variance is for HAR
Section 11-62-31.1(a)(1)(D) & (a)(2)(D). The proposed individual wastewater system is
designed to accept 3,000 gallons per day utilizes a 4,500 gallon Procast Modet PC 5-4500
concrete septic tank that is IAPMO certified. The wastewater is generated from 9 rental
apartments with a total of 13 bedrooms, and retail shops comprising 4,275 square feet. The
location of the property is 55-3435 Akoni Pule Highway, Kapaau, Hawaii.
The applicant has made the following comments.
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
3,000 gallons per day.
2. The individual wastewater system serves more than 2 dwelling units.
3. 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.
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 IW S 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 1WS {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 residents of the apartment units are essentially economically depressed.
7. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
8 The variance is requested for the maximum of five (5) years.
If you would like to review the complete application, please ca{I or write to the
Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920,
telephone (808) 586-4294 fax (808) 586-4300 to obtain a facsimile. DOH will consider ail
written comments received within thirty days of this notice. If warranted, DOH may hold a public
hearing on the variance application, after a separate public notice is published. A final decision
on the variance application will be made based on the application, related documents, written
comments received and the public hearing, if any.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health
State of Hawaii Wastewater Branc
Department of Health Application No. WW
Environmental Management Division Docket No. ~ - VWW -
APPLICATION FOR VARIANCE -Primarily Concerninn Larae Capacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues
as of December 9, 2004
Submit two (2) (one original 8~ one copy) and filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 98874-4920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8'/z' x 11"format (for copying purposes).
I. GENERAL INFORMATION (please print or type):
A. Name: S~~ "r'S ~NUE'.3TMCN7'Sr INC.
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: ~ d QoX /59 /
/GAPAAU N,4w,hlf 9!0755
(City) (Island) (Zip code)
Nature of Business: Check applicable category. EPA makes the final determination of a Large
Capacity Cesspool (LCC).
[ r/~ Non- esidential LCC
[ Retail Business
[ ] Visitor Center
[ j Church
[ ) School
/ Golf course clubhouse / restroom
[ ?J Restaurant /food establishment
[ ~ Others, please specify: ~ ~ rrnr a omrMrTri S
[ ] Residential LCC
( ] Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. f 3 ) _5_ - 5 - el o~
Application for LCC Variance.doc vww as of December 9, 2004 Page 7 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
55-3935 AKONr Puce. atrGNw,aY
(number) (street)
,~na~r~ ,~A,w,r?rf 9~75~,
(City) (Island) (Zipcode)
B. Individual authorized to act for applicant:
Name: a'72~',uQv J /fE+e~[32T- Title: cor+suc.,Tr.~4 ~svcrti+C62
Address: 7!-b'6O[~ paw,ar P(~cE,y s~rre 203
rlfu~u.~?- rCnn,,~ ..t,aw~tt 4rn740
(City) (Island) (Zip code)
Phone No.: Bob - 3291/- 62 `72. Fax No.: Bob - 33l- 279 9
Email Address: ~ rier6e.rf @,~autizir. r~", com,
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check
applicable sections;
Section 11-62-03 Definitions state "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."
[ ] Section 11-62-39,1 (a) (1) (A) "For residential developments. There shall be 10,000
square feet of land area for each individual wastewater system. "
[ J Section l1-62-31.1(a)91)(C)°Forresidentialdevelopments. Areaofthelotshallnotbe
less than 10,000 square feet except for lots created and recorded before the effective
date of this rule. For lots less than 10, 000 square feet which were created and recorded
before the effective date of this rule, only one individual wastewater system shall be
allowed."
j Section 11-62-31.1(a)(2)(A) `Deve%pments 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."
[ J Section 11-62-31.1(a)92)(t3) "Developments involving buildings other than dwellings.
The total wastewaterflow shall not exceed 15,000 gallons per day."
[ ] Section 11-62-31.1(a)(2)(C) "Developments involving bui/dings other than dwellings.
Area of the lot shall not be less than 10, 000 square feet except for lots created and
recorded before the effective date of this rule. For lots less than 10, 000 square feet
Application for LCC Variance.doc vww as of December 9, 2004 Page 2 of 6
which were created and recorded before the effective date of this rule, only one
individual wastewater system shall be allowed."
r
[V]/ (Z 3f I t
/ ~O~ rHE 'r+nAL wa crEwg7'~t r7aw /r+ro ai.+E irorwotWL
IraSTCCUQTE.G SYSTEM S.W9LL NOT CXGL'C7~ /OCYJ CFL/~y.JS ANO an+C irO/UiOygL
"STE WATp2 SYS7~'
9 SFlgr-L NoT SCICJL~' vro/t6 TtIM+ FIVE BEORGCWISr
_Jf, F"-~' TNL~Y .d2C iN or nwE[.L lr.~G v~.+~T oR T2J~, AR 30~ //'GZ-S/,/(t) D
II. SPECIFIC INFORMATION: c.w~cu is sr~, c.~rz ro rwc s-+Swc n2 ,suic,ni is ~i/Fi2 ~~uu,, oweLLr^+4S
A. Describe in detail the existing and conditions of the facility in relation to the requested variance.
(Example: Requested Variance is for HAR Section 11-62-31.1 (a)(2)(C): The total area of the
subject lot is 8, 500 square feet. The !ot has 2 buildings on it consisting of a restaurant and a
physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000
9Pd)
THL~ RCYJtJC6'rt7] Votle.l.4NCL~ iS ?~L NAK. SCLTiev //-GL-S/ IC!)D is f(D~, l7Fl`
F~PoSC~ itioit+r DUAL ASr'C9?n TC'/~ SYS T~v9 wilt ACCCnT 3 G,sLCaNS
p/.v - - 'i uTI Lag/ NCB a 9~QpGpLCON G n1GKETE sc~T.~. TA+~+Ki Prro c+sT
- OEL r~G 5-9.Sa~ raa7 is /A~o ccrznn~ Two ww57~wn-r~t wrc.L,
Q~ LLJvL+y'LATL~'~~ s Y 9 rICIVT.i-G .nai2rNrcr~TS r.. ~ T1~ a Te ~,aL er !3 ee~ac~w~ 5~
B. Describe how these present or proposed conditions fail to conform with the environmental rules
of the State. Check applicable category and fill-in-the missing information as appropriate.
[ ] The area of the lot is square feet. This is insufficient to meet the
minimum land area requirements for IWS utilization which is one IWS per 10,000 square
feet of iot area.
[~j' 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 aoc~ gallons per
day.
If not in the choices, please specify. rac /wS sysr~w! sr±rzueS
Mo2C TllAti .Z Pw L°L~-~ti4 u~+i T'~
C. Describe in detail why the present or proposed equipment and/or operating conditions cannot
Application for LCC Variance.doc vww as of December 9, 2004 Page 3 of 6
be altered to bring such facility into compliance with the environmental rules of the State within -
a reasonable amount of time. Check all applicable reasons.
[t~ The existing large capacity cesspool(s) must be closed and replaced with a new
treatment individual wastewater system by April 5, 2005 in order to comply with federal
requirements.
[ ] 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.
[ ] The facility has been in operation for years in this location using the
existing cesspool. The installation of a wastewater treatment plant in lieu of a
septic system will not be possible due to space restrictions and may force the owner to
abandon the business operation.
( ] If not in the choices, please specify.
D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1,
D-2 & D-3) to clearly show that:
(1) The granting of the variance is in the public interest as defined in the Hawaii Revised
Statutes, Section 342.D-6(c).
[y[' 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.
[ ] Prevent loss of jobs. The LCC serving my facility has been in operation for
years. The current State requirements of a wastewater treatment
plant would significantly add to the construction cost, as well as require a much
greater ongoing maintenance cost. I (owner) may be forced to close my existing
business and lay off my employees.
(2) The granting of the variance will not substantially endanger human health or safety.
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.
Application for LCC Variance.doc vww as of December 9, 2004 Page 4 of 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.
[ ] If not in the choices, please specify.
(3) Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public.
The residents of the /tPA2TMO~T unti7-s are essentially
economically depressed.
[ ] 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.
[ ~ The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
E. Specify the amount of time requested for the variance and the reasons for such a time period.
Note that the Director cannot issue a variance for a period exceeding five years (if additional
space is required, please include the information on a separate attachment and label
"Attachment E-1 Check applicable amount of time requested.
[c~ 5 years [ ] 4 years [ ] 3 years
[ ] 2 years [ ] 1 year
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label "Attachment F-1").
III. CERTIFICATION:
I, ~,a,vrD PA(1L- SENNET' P2CStOCTJ[~ SNt`l.J CAKE'S tti+v~gfHE3VTS
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to the
best of my knowledge an lief.
Signature: X
Date: X 3 - z - ~ -1
DO NOT WRITE BELOW -FOR AGENCY USE ONLY
IV. Date Application received: M taf ln' ~ ~2 ~ ~
Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6
V. Application No.: 1 , y r `n'
VI. Docket No.: ~ I~^"' ~Y~, nY V V
VII. Received by: ~ 9~v ~V1 ~f,fn(n q
VIII. Filing fee ($300.00) check date: ~"1 -
~3 ~ Check # `1 V
IX. Department of Health Receipt # I ~ U lU lfi
X. Decision on Application (including date):
XI. Date of Public Hearing:
Application for LCC Variance.doc w,w as of December 9, 2004 Page 6 of 6
Transmittal Date: ~ Sus ense Date:
Wastewater Branch Variance A lication Docket No, ~ -VWW- ~ APP # WW
Name/Title: ~~~ti1 C- , S S i 7b < ~ i ~ ~R'L~, 'i " 5 ~ _ .
Subject: Cover Letter, Public Notice and Variance Application
ROUTE TO:
_ Director of Heal h -Chi ome Leinaala Fukino
De ut Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorne General's Office, AG Mark Bennet, De ut Mark McConnel, De ut Bill Coo er
Clean Water Branch - lw i. f 1~'
_ Environmental Planning Office -Kelvin Su da
Safe Drinkin Water Branch - Stuart Yamada '
Sanitation Branch -Commercial Properties Only
Wastewater Branch Staff Personnel
[ Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) °
[ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
( ]Kauai - Lori Vetter
[ ]Maui -Roland Tejano
Oahu - Johnn On
Water Departments
[ ]Board of Water Supply -Clifford Lum
[ County of Hawaii Dept of Water Supply -Milton Pavao
[ ]County of Maui Dept of Water Supply -George Y. Tengan
_ ( ]Kauai County Department of Water- Edward T~chupp
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
1 District Health Office -Hilo -Aaron Ueno Chief Sanitarian -
Cit & Count o Honolulu, De artment of Plannin & Permlttin _
County of [,v r- Council _
Oahu Nei hborhood Board #
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice 8 Variance Application, please check one box:
[ ]Recommend to GRANT this variance application.
[ ]Have no objection to the GRANTING of this variance application.
( ]Recommend to DENY this variance application.
[ ]See attached comments.
Reviewed by Contact Phone #
Fax #
Please return this ROUTE SLIP. You may add a separate sheet of comments to this.
Return this to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586294 fax (808) 586-4300.
Received by WWB / 1 p'.\c temp\wwb - 2007 variance route slip - CL PN App.doc 02!23/2007