HomeMy WebLinkAboutCOM 0469.000 2006-2008 \95p ~ ,q
LINDA LINGLE 4 CHIVOME LEINAALA FUKINQ M.D.
GOVERNOR OF HAWAII '~,i /J~ DIRECTOR OF HEALTH
w~.a..
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply. please refer to:
HONOLULU, HAWAII 96601 EMD/WB
W W 246 ~raR Dec CL
May 29, 2007
1.4
Mr. Theodore Baldau ~
RT Engineers, Inc.
.y
P.O. Box 390628
Kailua-Kona, Hawaii 96739
Dear Mc Baldau: =
_ r_• ;
Subject: Variance Application No. WW 246 Docket No. 07-VWW-04
Kona Housing Corporation -Captain Cook Elderly Housing
Replacement of LCCs Serving 21 Dwelling Units at
82-1040 Kiloa Road, Captain Cook, Hawaii
TMK: (3) 8-2-001: 154
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,
Jc
THOMAS E. ARIZUIvtl; .E., HIEF
Environmental Manage t 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
yMawaii County Council
Applicant -Kona Housing Corporation C0111rIL NIO.
Ref. Ta MAY 33
Rif. Date,_!
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-04
Variance Application No. WW 246 )
for Individual Wastewater System )
Kona Housing Corporation -Captain ) DRAFT -SIGNATURE NOT REQUIRED
Cook Elderly Housing )
Replacement of LCCs Serving 21 )
Dwelling Units Housed at )
82-1040 Kiloa Road )
Captain Caok, Hawaii )
TMK: (3) 8-2-001: 154 )
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 11-62-31.1(b)(2) is hereby (3RANTED 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 for effluent disposal, than each septic tank shall be fitted
with an effluent filter(s).
3. If the existing cesspools are used as seepage pits for effluent disposal, than the
seepage pits shall be properly perrnitted by the Underground injection control
program.
4. The septic tanks shall be enlarged to accommodate the storage of sludge and
scum formation from more than two (2) dwelling units connected to a single septic
system.
5. Operation of the treatment individual wastewater systems shall be checked
periodically to insure proper care is being carved out and to prevent any spill.
6. The project shall connect to the County sewer service system should it become
available to the area.
' Kona Housing Corporation -Variance Application W W 24&, Docket No. 07-VW W-OA, Decision 8 Order, Page i
7. 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
Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04, Decision & Order, Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-04
Variance Application No. WW 246 )
for Individual Wastewater System )
}
Kona Housing Corporation -Captain ) DRAFT -SIGNATURE NOT REQUIRED
Cook Elderly Housing )
Replacement of LCGs Serving 21 )
Dwelling Units at )
82-1040 Kiloa Road )
Captain Cook, Hawaii )
TMK: (3} 8-2-001: 154 }
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Kona Housing Corporation of Kamuela, Hawaii for a five (5) year
variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(b){2) was
reviewed by the Department of Health staff. A public notice of the application was printed in the
April 19, 2007 issue of the Honolulu Star Bulletin and the April 20, 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. Ted Baldau, Vice President of
RT Engineers of Kailua-Kona, Hawaii, has applied for a five (5) year variance from the Hawaii
Administrative Rules (HAR), 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."
The applicant is requesting the use of septic systems to replace existing large capacity
:esspools (LCGs) stating that four {4) of the proposed septic systems would receive flows from
our dwelling units a piece. One (1 }septic system would receive flow from three (3) dwelling
nits and one septic system would receive flaw from two (2) dwelling units. The property is
nown as the Captain Gook Elderly Housing and is located at 82-1040 Kiloa Road, Captain
ook, Hawaii and further identified as TMK: (3} 8-2-001: 154.
The applicant has made the following statements.
1. The proposed septic systems would not comply with HAR section
11-62-31.1(b)(2}. Four (4) of the proposed septic system would receive flow from
Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04
Findings of Fact antl Conclusions of Law, Page t
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.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend to deny this variance application.
Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04
Findings of Fact and Conclusions of Law, Page 2
2. The Safe Drinking Water Branch submitted the following comments:
A. For clarity, the public notice document should explicitly state the disposal
component of the septic systems and whether the existing large-capacity
cesspools (LCCs) are to be abandoned or to be converted as seepage
pits;
B. The property 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
Rules (HAR), Title 11, Chapter 23, Underground Injection Control,
prohibits new sewage injection wells above the UIC line; and
C. UIC permitting is applicable to any large-capacity cesspool being retained
as a seepage pit that receives over 1,000 gallons of wastewater per day,
on any given day. Such a seepage pit is considered an injection-well
seepage pit. Operating any such injection-well seepage pit without a UIC
permit is a violation of Chapter 11-23 and is subject to a penalty and
corrective action. The owner/operator of the injection-well seepage pit
must contact the UIC program at (808) 586-4258 for UIC permit
application;
D. Because the proposed upgrade of the large -capacity cesspools into a
septic system is being driven by the federal ban on large-capacity
cesspools, we have no objection to granting the variance; and
E. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the septic system.
Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any
questions.
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 seepage pits are to be used for effluent disposal, than each septic tank
shall be fitted with an effluent filter(s).
C. If shallow soil absorption beds or trenches are used for effluent disposal,
than the existing cesspools shall be abandoned per the requirements of
the Underground Injection Control program of the Safe Drinking Water
Branch.
Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04
Findings of Fact and Conclusions 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 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 to be used for effluent disposal, than each septic tank shall be
fitted with an effluent filter(s).
3. If the existing cesspools are used as seepage pits for effluent disposal, than the
seepage pits shall be properly permitted by the Underground Injection control
program.
4. The septic tanks shall be enlarged to accommodate more than two (2) dwelling
units and for the additional sludge and scum formation from multiple dwelling
units.
Kona Housing Corporation • Variance Application W W 246, Docket No. 07-VW W-04
Findings of Fact and Conclusions of Law, Page 4
5. Operation of the treatment individual wastewater systems shall be checked
periodically to insure proper care is being carried out and to prevent any spill.
6. The project shall connect to the County sewer service system should it become
available to the area.
7. 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.
Kona Housing Corporation -Variance Application W W 246, Docket No. 07-V W W-04
Findings of Fact and Conclusions of Law, Page 5
Transmittal Date: Suspense Date:
Wastewater Branch Variance Application ocket No. C% - VWW - APP # WW '
NamelTitle: ~~['1C( Ct ~ C L "~'[2 ~ ~fl
Sub'ect: Draft Decision Letter with De ision & rder and Findin s of Fact & Conclusions of Law
ROUTE TO:
Applicant: ~~C- ~ ls~ I r~ .-r-' ~ t C - C'r a
A ent: T~ [~~C~ C CtU ' ~
Director of Health -Chi ome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas E. Arizumi
Attorney General's Office, AG Mark Bennet, Deputy Mark McConnel, Deput Bill Coo er
Clean Water Branch - AI ec Won
Environmental Plannin Office - Kel vin Sunada
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commer cial Properties Only
Wastewater Branch Staff Personnel
[ Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91
[ ]Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 41
[ ]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 Mau; Dept of Water Supply -George Y. Tengan
[ ]Kauai County Department of Water - Ed ward Tschup
[ 1 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
City & County of Honolulu, Department of Plannin & Permittin
V County of t~ ~~C! (I Council
Oahu Nei hborhood 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 1808) 586-4294 fax (808) 586-4300.
Received by WWB / / p:\c temp\wwb - 2007 variance route slip -Draft De c.doc 03/21/2007