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Home My WebLink AboutCOM 0467.000 2006-2008LINDA LINGLE GOVERNOR OF HAWAII Mr. Stephen J. Herbert Consulting Engineer 74-5606 Pawai Place, Suite 203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 HONOLULU, HAWAII 96801 May 22, 2007 CHIYOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH In reply. please refer to: EMD/WB Q:\StaffiLkajiwara\Final\ WW 245 Draft Dec CL Subject: Variance Application No. WW 245 Docket No. 07-VWW-03 Seven Lakes Investments, Inc. 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 I ry 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, June 15, 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, THOMAS E. ARIZUMI,•2Jr1LHIEF Environmental Management 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 yfiawaii County Council Applicant - Mr. David Paul Sennet Comm. No. T (07 Ref. To. 11fil#• Date MAY 3 t gnm STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 245 for Individual Wastewater System Seven Lakes Investments, Inc. Upgrade the Existing Large Capacity Cesspools to Treatment Individual Wastewater Systems for Nine (9) Rental Apartments at 55-3435 Akoni Pule Highway Kapaau, Hawaii TMK: (3) 5-5-014: 012 Docket No. 07-VWW-03 DRAFT - SIGNATURE NOT REQUIRED 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, 11-62-31.1(a)(1)(D) and 11-62- 31.1(a)(2)(D) is hereby GRANTED for five (5) years with the following provisions: 1. 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. 2. If seepage pits are used to dispose of effluent from the septic tanks, than each septic tank shall be fitted with an effluent filter(s). 3. The septic tank shall be enlarged to accommodate the nine (9) dwelling units to a single septic system. 4. If the existing cesspools are used as seepage pits for the wastewater system, the seepage pits shall be properly permitted by the Underground Injection Control Program. 5. If the existing cesspools are to be replaced with a soil absorption bed or trenches, then the cesspools shall be abandoned per the requirements of the Underground Injection Control Program. 6. The project shall connect to the County sewer service system should it become available to the area. Operation of the treatment IWS should be checked periodically to insure proper care is being carried out and to prevent any spill. 8. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for renewal. 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 Variance Application No. WW 245 for Individual Wastewater System Seven Lakes Investments, Inc. Upgrade the Existing Large Capacity Cesspools to Treatment Individual Wastewater Systems for Nine (9) Rental Apartments at 55-3435 Akoni Pule Highway Kapaau, Hawaii TMK: (3) 5-5-014: 012 Docket No. 07-VWW-03 DRAFT - SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Seven Lakes Investments, Inc. of Kapaau, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03, 11-62-31.1(a)(1)(D) 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 April 6, 2007 issue of the Honolulu Star Bulletin and the April 10, 2007 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. Stephen J. Herbert, Consulting Engineer from Kailua-Kona, 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.", Section 11-62-31(2)(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 'The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day." The applicant has stated the proposed individual wastewater system is designed to accept 3,000 gallons per day utilizes a 4,500 gallon Procast Model PO -5-4500 concrete septic tank that is IAPMO certified. The wastewater is generated from nine (9) rental apartments with a total of 13 bedrooms, and retail shops comprising 4,275 square feet. The location of the Seven Lakes Investments, Inc. - Variance Application WW ###, Docket No. 07 -VW W-03 Findings of Fact and Conclusions of Law, Page 1 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, TMK: (3) 55-014: 012. The applicant has made the following statements. 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 two (2) dwelling units. 3. The existing large capacity cesspool(s) (LCCs) 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 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 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. The following agencies submitted the following comments: The Clean Water Branch submitted the following comment: Recommend to deny this variance application. 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 cesspool apparently receives more than 1000 gallons per day (gpd) of combined wastewater from the existing dwelling units and the retail shops. Therefore, UIC regulations are applicable and a UIC Seven Lakes Investments, Inc. - Variance Application WW ###, Docket No. 07 -VW W-03 Findings of Fact and Conclusions of Law, Page 2 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: 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. If seepage pits are used to dispose of effluent from the septic tanks, than each septic tank shall be fitted with an effluent filter(s). 3. The septic tank shall be enlarged to accommodate the nine (9) dwelling units to a single septic system. 4. If the existing cesspools are used as seepage pits for the wastewater system, the seepage pits shall be properly permitted by the Underground Injection Control Program. 5. If the existing cesspools are to be replaced with a soil absorption bed or trenches, then the cesspools shall be abandoned per the requirements of the Underground Injection Control Program. 6. The project shall connect to the County sewer service system should it become available to the area. Operation of the treatment IWS should be checked periodically to insure proper care is being carried out and to prevent any spill. 8. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for renewal. Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294 for technical information regarding treatment individual wastewater systems. 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. Seven Lakes Investments, Inc. - Variance Application WW ###, Docket No. 07 -VW W-03 Findings of Fact and Conclusions of Law, Page 4 `*'ransmival Date: Suspense Date: i zu Wastewater Branch Variance Application Docket No. C VWW - APP # WW Name/Title: Subject: Draft Decision Letter with Decision & Order and Findings of Fact & Conclusions of Law Rn11TF Tn- ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision & 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 & 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 (808) 586-4300. Rcrcvud by WWB / / p:1c templwwb - 2007 variance route slip - Draft De c.doc 02/23/2007 Applicant: Agent: �• Director of He Ith - C hiyome Leinaala Fukino _ _ Director for Environmental Health Administration - Laurence Lau ------Deputy Chief, EMD - Thomas E. Arizumi __ General's Office, AG Mark Bennet, Deputy Mark McConnel, Deputy Bill Cooper ---_-----Attorney Clean Water Branch - Planning Office - Kel v Sunada ---Environmental Safe Drinking Water Branch - Stuart Yamada Sanitation Branch - Commer cial Properties Only _ Wastewater Branch Staff Personnel [ �c 1 Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) , [ 1 Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4) [ 1 Kauai - Lori Vetter [ ] Maui - Roland Tejano ( ) Oahu - Johnny On _ Water Departments [ ] Board of Water Supply - Clifford Lum [ x] County of Hawaii Dept of Water Supply - Milton Pavao ( ] County of Maui Dept of Water Supply - George Y. Tengan [ 1 Kauai County Department of Water - Ed ward Tschupp _ ( ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian [ ] District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian District Health Office - Hilo - Aaron Ueno , Chief Sanitarian o City & County of Honolulu, Department of Planning & Permitting County of +MWOM Council Oahu Neighborhood Board # ACTION REQUESTED: If you have comments or corrections to the DRAFT Decision & 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 & 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 (808) 586-4300. Rcrcvud by WWB / / p:1c templwwb - 2007 variance route slip - Draft De c.doc 02/23/2007