HomeMy WebLinkAboutCOM 0332.000 2006-2008 ' o ^F,h
LINDA LINGLE I CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OP HAWAII l~-"~ DIRECTOe O=HEALTH
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P0. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD/WB
W W 246 PN CL
April 3, 2007 rt`'
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Mr. Theodore Baldau
RT Engineers, Inc. cc
P.O. Box 390628
Kailua-Kona, Hawaii 96739
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Dear Mr. Baldau:
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Subject: Variance Application No. WW 248 Docket No. 07-VWW-04
Kona Housing Corporation -Captain Cook Elderly Housing
Replacement of LCCs Serving 21 Dwelling Units Housed in Three (3) Buildings
82-1040 Kiloa Road, Captain Cook, Hawaii
TMK: (3) 8-2-001: 154
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 11) 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 elzabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808) 329-3659 email llogan@westhawaiitoday.com
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.
Within fifteen (15) days after the publication, you must submit the original certified affidavits
of the publication from both newspaper agencies to the Wastewater Branch at 919 Ala
Moana Blvd. Room 309, Honolulu, Hawaii 96814-4920. You may make a copy for 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 ublic
hearing.
Comm. Na
Ref. Toa t p 9 2~~7
Ref. Uate
Mr. Theodore Baldau
April 2, 2007
Page 2
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 (508)586-4300.
Sincerely,
~j~
z ~ . 1'L~~~(~5.~' c ` : ~ luti'
THOMAS E. ARIZUMI,.~~
Chief, Environmental Management Division
Enclosures: Receipt No. 13868
Public Notice
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
W~stewater Branch -Kona Staff Engineer
yDepartment of Water Supply -County of Hawaii
District Health Office -Hilo
Hawaii County Council
Kona Housing Corporation
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 246
DOCKET NO. 07 - VWW - 04
Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health
(DOH) seeks written comments from interested persons regarding the following. Kona Housing
Corporation of Kamuela, Hawaii has applied for a five (5) year variance from Hawaii
Administrative Rules (HAR), Section 11-62-31.1(b)(2) which states "A building may use more
than one individual wastewater system where each individual wastewater system shall connect
to a single dwelling unit."
Mr. Theodore Baldau, Vice President of RT Engineers, Inc., Kailua-Kona, Hawaii is the
individual authorized to act for the applicant. The applicant is requesting the use of septic
systems in place of existing large capacity cesspools (LCCs) stating that four (4) of the
proposed septic systems would receive flow from four dwelling units a piece. One (1) septic
system would receive flow from three (3) dwelling units and one septic system would receive
flow from two (2) dwelling units. The property is known as the Captain Cook Elderly Housing
and is located at 82-1040 Kiloa Road, Captain Cook, Hawaii, and further identified as TMK:
(3) 8-2-001: 154.
The applicant has made the following comments.
1. The proposed septic systems would not comply with HAR Section
11-62-31.1(b)(2). Four (4) of the proposed septic systems would receive flow
from four (4) dwelling units a piece. One (1) septic system would receive flow
from three (3) dwelling units and one (1) septic system would receive flow from
two (2) dwelling units.
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 current State requirement of a wastewater treatment plant would significantly
add to the construction cost as well as require a much greater outgoing
maintenance cost.
4. The cost of providing an individual wastewater system for each dwelling unit
would be cost prohibitive.
5. 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.
6. Prevent loss of affordable housing, the cost of providing individual wastewater
systems to each dwelling unit would cause an increase in the cost of the
affordable housing currently available at the facility.
7. 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.
8. 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.
9. The residents of the Captain Cook Elderly Housing are essentially economically
depressed.
10. 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.
11. The variance is requested for the maximum of five (5) years.
A plot map is attached to this application for variance but can not be shown here. If you
would like to review the complete application, please calf 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 all written comments received
within thirty days of this notice. If DOH determines that there is significant public interest, a
public hearing may be held after a separate 30 day public notification.
Chiyome Leinaala Fukino, M.D.
Director of Health
State of Hawaii Wastewater Branc
Department of Health Application No. WW 2I- {Q
Environmental Management Division pocket No. VWW -
APPLICATION FOR VARIANCE - Primarily Concemino tame Caaacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues
as of December 9, 2004
Submit two (2) (one original & one copy) and filing fee of 5300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Braneh
919 Aia Moana Blvd. Room 309
Honolulu, Hawaii 96814920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8 Yz" x 11"format (for copying purposes).
1. GENERAL INFOR11M//ATION (please print ortype):/'
A. Name: M`~-•o~~1 ~ ~o vs ~yb ~ Q~4Pr'~1 Dry
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: ~ O • aoX2±~ 5
(City) (Island) (Zip code)
Nature of Business: Check applicable category. EPA makes the final determination of a Large
Capacity Cesspool (LCC).
[ ] Non-Residential LCC
[ ] Retail Business
[ ] Visitor Center
[ ] Church
[ ] School
[ ] Gotf course clubhouse / restraom
[ ] Restaurant !food establishment
[ ] Others, please specify:
Residentsal LCC
[x] Multiple dwelling G~-tw~•~ Cook END@R~~{ ~.a5 ~w`
[ ] Community system
[ ] Regional system
[ ] Others, please spec'rfy:
Provide location of existing cesspool(s):
Tax Map Key No. (3) 8 - 2 -do \ ~ S~
Applinrion for LCC Varience.doc vww as of December 9, 2004 Page t of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
pZ- 1040 ~[~~?oti ^~o A~
(number) (street,)
C.A~t~r~,,~ Lvov... +~P~.,.r ~'4~\ q to-'l0~-
(City) ~ (Island) (Zipcode)
B. Individual authorized to act for applicant:
Name: ~e1Eo~2.E l3At..Oh-t Title: v~c.E - pR.ES~yr.,Z
Address: ~"o • ~oX 390 (c 2.8
(City) (Island) (Zip code}
PhoneNo.: ~$Og~ 31Z9-(oL2S FaxNo.:(~'o~~ 3Z~{-?1~
Email Address: ~\o.~Yly \ rw~ l~.ot~0..
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 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10,000
square feet of land area for each individual wastewater system."
[ ] Section 11-62-31.1(a)91)(C) For residential developments. 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 which were created and recorded
before the effective date of this rule, only one individual wastewater system shall be
allowed."
[ ] Section 11-62-31.1(a)(2){A) "Developments 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."
[ ] Section 11-62-31.1(a)92)(B) "Developments involving buildings other than dwellings.
The total wastewaterflow shall not exceed 15,000 gallons perday."
[ ] Section 11-62-31.1(a)(2)(C) "Developments involving buildings other than dwellings.
Area of the lot shall not be less than 10,000 square feet except for lots created and
recorc/ed before the effective date of this rule. For lots less than 10,000 square feet
Appliratlon `or LCC Variance.tloc vww as of December 9, 2004 Paga 2 of 6
• which were created and recorded before the effective date of this rule, only cre
individual wastewater system shall be allowed."
DC] ~1- te2- 3t • ~ Cb) ° A b~'vtd,~r~ n, 4., vse More'~.n
an 2 ~v\ d:y~o.1 \,,/as~e.. z~~er 5~{s {e w F.we. ~ ac. ~n
\~ntl'w~d-+Al. Wa5"~2.+•r.-T~r-r SyS~G.n Spa\1 Cov~neC~ ~ a--
II. SPECIFIC INFORMATION:
A. Describe in detail ttie existing and conditions of the facility in relation to the requested variance.
(Example: Requested Variance is for HAR Sectfon 11-62-31.1 (a)(2)(C): The total area of the
subject lot is 8,500 square feet. The lot has 2 buildings on it consisting of a restaurant and a
physical therapy offrce which are served by a cesspool The estimated wastewater flow is 2,000
n9Pd•) C ' `
\~ea~es~le~. JAdlw~ce \S -fir rtAtZ SEe.'~ia~ tl-bt-3l•1~Z,xZ~
tit ~ CoASK'~S o ~ 2~ C,~,.,~Q•\~~hG .~r~~~S ~1Ov'apf~ ~r~ 3
hs~1t).~+~as . S:X Gex~«~l.s (5~er'yer~'lve ~c:~1~~ . CwR.o-Si-~a-
y~>L Geys~ools ceC2~ve. ~vO..-\ t~ vZ. '~ae\\~hy ~n:-}5 2act~.
bv\e cess~oc~l c-e(e~ye5 ~~ow -~.r((o~~Y,.,'Mr~ee ~,.~et\ir~y ana
-ov\¢ GexSToo\ t'ece~~es -~so«., two 9.w-el\1rs vrv~s.
6. 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 apprcpriate.
[ ] 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 lot area.
[ ] The large capacity septic system proposed to serve the facility would not ccmpiy
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 galicns per
day.
If not in the choices, please specify.~TMe .~w~r sod. ~ ~u S 1~lGrs ww~l.ca
~t\ct Co~ w:'Eh rl~ Ssc~laJ Il-b2' 31-1 ~b~ `2~rr . ~v,.~. o~"<ti~
~cb~a~,td. Septic. StiS~^~S Loa~l.d .f2ce.Ve "flow ~~ro.~ ..vet\~.,c,
~~n.~ s Ct piece . -o~n e Se~:c. S.~s~e.w. wo~t8..~ecei.re. low, ~v~ 3
w¢.\\~v~~\}n'r~S AnA O`r~2 Se~''(~L. C~S~c.-. wo.R ra feC2a..Q \o.ti, •<vu~••. '~o
wQ\\~ry v.n ~''cS
C. Desch a in detaiywhy the present or proposed equipment and/or operating conditions cannot
Applipdon far LCC Variance.dx vww as oP 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 a1i applicable reasons.
[~j 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.
(`)Q 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.
j ] 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.
[yq If not in the choices, please specify. -t.~E cast of ?v"b.~\Drw+b Aw)
T~4w\\~..A\_. \NP6TEy,/~R-rE¢. StiS'sEM ~o¢E'+t~~iw~.i.+b yn.~T
v,iw V o '3E Go~sT `f~i
o ?~~53.'C~ ~ E
D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1,
D-2 i3, 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).
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 sign~cantly 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.
(X] ?¢EvEJ"t Loss o f AFF"vr2D++.8l.E ~"l~,ab i a E
Lx'~ of "'9o~~D~~-+b \ND\V\poA` WP.3lEwgC~~ SysTE~n~ T~
Ercrr.~, -~wEv..,,,b .~~•,•T \.)w\.0 GA~SE A~.1 \NGQEhSE
\i.1Zt'cE GosT OF Tt'\E AFTv4o+4aSLE ~~i~Nb G~+g~F~•'T~-Y
(2) The granting of the variance will not substantially endanger human health or safety.
[~j 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 wilt be minimized compared to the current wastewater
disposal.
Applipfion for LCC Vanance.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 Cq, awl Goo ~G ~i,pEPi are essentially
economically depressed:
[X] The owner of the facility simply cannot afford to build and operate
wastewater systems meeting aU the requirements of HAR Chapter 1 t-62
such as small aerobic wastewater Vestment 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 far 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.
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").
SSE "/1~cca+c.aw.errc F~\
III. CERTIFICATION:
l~-"C En1b~..rE~E`~S .'~wiC
I, Te~EvDoR.E ~R~.DAJ ~l~GE - "Z~Es~7i EN"~
(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~nd belief.
Signature:
Date: 3 ~.2 3 ~o"T
DO NOT WRITE BELOW -FOR AGENCY USE ONLY
1V. Date Application received: ~ V -ZV "
Applicatlon ror LCC Vadance.doc vww as of December 9, 200J Page 5 cf 6
__~W .~..,w. _
V. Application No.: ~ ~
VI. Docket No.: O~ V W W- ~
VII. Received by: ~ T"1VI
VIII. Filing fee (5300.00) check date: Q ~ W y//,,,~Q-~ Check # ~
IX. Department of Health Receipt # ~ l5/ V
X, Decision on Application (including datej:
Xi. Date of Public Hearing:
Appliplion for LCC Variance.doc vww as of December 9, 2004 Page 6 of 6
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. Transmittal'Date: V] J , Sus ense Dat
Wastewater Branch Vari nce A lication Docket No. C -VWW- C- APP # WW
Name/Title: ~l~?C~ ~ t,{_ S 1 li'~ C ~ ;~C~f~CC;~t~i Cyr 1
Sub'ect: Cover Letter, Public Noticb and Variance A lication
ROUTE TO:
A licant: ~,''~L1 ~ ~ll- I t)G (t~,4, .~'CJYtI- ).~rl
A ent: "_~~L1 ~c1~(jCl-Vi
Director of Health -Chi ome Leinaala Fukino
De ut Director for Environmenlal 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 - Alec Won
Environmental Plannin Office -Kelvin Sunada
Safe Drinkin Water Branch - Stuart Yamada ~ •
Sanitation Branch -Commercial Pro erties Onl
Wastewater Branch Staff Personnel
[ y~] Kona -Dane Hiromasa (TMKs 5, 6, 7, S, 9)
[ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ]Kauai - Lori Vetter
[ ]Maui -Roland Tejano
Oahu - Johnn O_n
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 Count De artment of Water- Edward Tschup
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai - Glyde Takekuma, Chief Sanitarian
J' District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
Cit & Count of Honolulu, De artment of Plannin & Permittin
Count of - G\`c. Council
Oahu Nei hborhood Board #
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice & 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 96814920
phone (808) 586-4294 fax (808) 586-4300.
Received by WWB / / p:\c temp\vrvb - 2007 variance route slip - CL PN App.doc 03/21/2007