HomeMy WebLinkAboutCOM 0483.000 2006-2008 t%~• 1Y5?
LINDA LINGLE i ~ ~ CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAfI \ j~ DIRECTOfi OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please rater to:
HONOLULU, HAWAII 96801 EMD/WB
W W 251 PN CL
June 4,2007
h ~'wl
` C~
Mr. Peter J.K. Dahlberg ~
77-6238 C Mamalahoa Highway ~ - -
Holualoa, Hawaii 96725
Dear Mr. Dahlberg:
J
Subject: Variance Application No. WW 251 Docket No. 07-VWW-09
Variance Request to Utilize an Individual Wastewater System _
for the Hana Hou Cafe, Tina Edmunds, Owner
95-5649 Mamalahoa Highway, Naalehu, Hawaii
TMK: (3) 9-5-021: 024, 028 and 005
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. Once published, 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 within fifteen (15) days after the publication
date. 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 public hearing.
Comm. No. ~~3
Ref. To•_
Ref. Date d~
Mr. Peter J.K. Dahlberg
June 4, 2007
Page 2
Please find enclosed a receipt for your variance application in 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.
In addition, we have a enclosed a current Application for Variance and Application for Variance,
Primarily Concerning Large Capacity Cesspool forms (December 2004 version) for future use.
Sincerely,
OMAS E. ARl~C1M1, P.E.
Chief, Environmental Manage Division
Enclosures: Receipt No. 13873
Public Notice
Application for Variance Forms (December 2004 versions)
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch -Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office -Hilo
~Klawaii County Council
Applicant - Ms. Tina Edmunds
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 251
DOCKET NO. 07 - VW W - 09
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.
Ms. Tina Edmunds of Kihei, Maui, Hawaii has applied for a five (5) year variance from 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 11-62-31.1(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 lwo." 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."
Mr. Peter Dahlberg, Civil Engineer from Holualoa, Hawaii is the individual authorized to
act for the applicant. The applicant has stated that the flow into the proposed individual
wastewater system (IWS) exceeds 1000 gpd. Wastewater flows are generated from iwo (2)
existing three (3) bedroom dwellings (TMK: (3) 9-5-021: 024 and 028) and from the Hana Hou
Cafe (TMK: (3) 9-5-021: 005). Estimated design wastewater flow is 3200 gpd. The proposed
treatment system is 4000 gallon septic tank with a soil absorption field. The new IWS will cross
TMK parcels 024 and 028, and a new easement needs to be created. The Hana Hou Cafe is
located at 95-5649 Mamalahoa Highway, Naalehu.
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
3200 gallons per day.
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 facility has been in operation for 18+ 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.
5. Existing TMKs (3) 9-5-021: 024 (extg 3 bdr), 028 (extg 3 bdr), 005 (Nana Hou
Cafe) are currently served by a large capacity cesspool (LCC) located off property
(Naalehu Park Baseball Field). It is proposed to consolidate the existing
wastewater lines from the above TMKs and install a new 4000 gallon Septic Tank
and 18' x 63' absorption field. IW S wily cross common property line shared by
TMK parcels 024 and 028.
6. 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 18+
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.
8. 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.
9. 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.
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.
If you would like to review the complete application, please call 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 warranted, DOH may hold a public hearing
on the variance application.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health
State of Hawaii Wastewater Branch
Department of Health Application No. W W 2rJ I
Environmental Management Division Docket No.~ - V W W -
APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cessaools
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues as of July 2004)
Submit the original, one (1) 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 96814-4920
(808) 586-4294
Attachments are allowed, but preferred in 8 x 11"format (for copying purposes).
I. GENERAL INFORMATION (please print or type)
A. Name: Tina Edmunds
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address:
480 Kenolio Rd, Bld 16, A t 106
Kihei HI 96753
(city) (island) (zip code)
Nature of Business. Check applicable category. (EPA makes the final
determination of a Large Capacity Cesspool -LCC)
i? Non Residential LCC
1- Reta>Z Business
Visitor Cerrter
r Church ,
Simplified Form: Application for HAR Chapter /1-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 1 Prepared for TfNA EDMUNDS by Peter J.K. Dahlberg, P.E.
52372007
f Scl~ol
Golf course clubhouse ! restroom
r Restaurarrt /Food Establishment
r Hotel
r' Other (please specify):
,r ResidentialLCC
r Muhq~le dwelling
i- CorturJw~ity system
Regional system
Other (please specify):
Provide location of existing cesspool(s):
Tax Map Key 3 - 9 - 5 - 21 24 28 5
1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai
95-5649 Mamlahoa Hwy
(number) (street)
Naalehu HI 96772
(city) (island) (zip code)
B. Individual authorized to act for applicant:
Name: Peter J.K. Dahlberg Title: Civil Engineer
Address: 77-6238 C Mamalahoa Hwy
(street)
Holualoa HI 96725
(city) (island) (zip code)
Phone No.: (808)895-6173 Fax No.: (808) 324-1212
E-mail Address pdahlbercCc~hawaii.rccom
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 2 Prepared for YMA EDMUNDS by Peter J.K. Dahlberg, P.E.
512 312 0 0 7
C. Identify the specific section(s) of Chapter 11-62 which the variance is
requested. Check all applicable sections.
r
Section 11-62-03 De tuitions state "/ndividual wastewater system means a
facility which is designed to receive and dispose ofno 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 systems and cesspools. Each individual
wastewater system shall be an independent system and shall have all ojits
plumbing, treatment (rf arry), and drsposal components separate from arty other
wastewater system "
r Section l1-62-31.1 (a) (I) (A) "For residential developments. There shall be
10, 000 square feet of land area for each individual wastewater system. "
r Section I1-62-3l.1 {a) (I) (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 dale ojthis rule. For lots less than 10, 000 square feet which
were created and recorded before the effecttve date ojthis rule, only one
individual wastewater system shall be allowed "
r Section 11-62-31.1 (a) (2J (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 [and area which shall not include the area
under buildings. "
r Section /I-62-31. / (a) (2) (B) "Developments involving buildings other than
dwellings. The total wastewater flow shall not exceed 15,000 gallons per day. "
~ Seetton 11-62-31.1 (a) (2) (C) "Developments involving buildings other than
dwellings. Area of the lot shall not be less than ] D, DOD square feet except for
(ots 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 I1-62-31.1 (a) (2) (DJ The total wastewater flow dnto each individual
wastewater system shat! not exceed 1,000 gallons per day"
Simplified Form: Application for HAR Chapter I1-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 3 Prepared for TINA EDMUNDS by Peter LK. Dahlberg, P.E.
5/23/2007
IL SPECIFIC INFORMATION
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
ftZ. The lot 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 gpd.)
DETAILED DESCRIPTION
Requested variance is for HAR Section 11-62-31.1 (a)1(D), (a)2(D). Flow into proposed IWS
exceeds 5 BDR/1000 gpd. 6 BDR exist in 2 separate dwellings. 3 BDR dwelling on ea. TMK parces 024,028
IWS will also accommodate parcel 05, Hana Hou CafA (-200 PAX). Estimated Design Flow is 3200 gpd.
Proposed treatment unit is 4000 GAL Septic Tank` with absorption field.
New IWS area will cross TMK parcels 024,028 (common boundary, New Easement to be created)
* Variance requested for HAR Section 11-82-31.1 (a)1(D), (a)2(D)
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
r The area of the (usable) lot (area) is NA square feet.
This is insufficient to meet the minimum land area requirements
for IWS utilization, which is one IWS per 10,000 ftZ of lot area
~ 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 3200 gallons per
day.
Simplified Form: Application for HAR Chapter 1 l-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 4 Prepared for TINA EDMUNDS by Peter J.K. Dahlberg, P.E.
523Y2007
C. Describe in detail why the present or proposed equipment and/or operating
conditions cannot be altered to bring such facility into compliance with the
envirottmental rules of the State within a reasonable amount of time.
Check all applicable reasons.
r The existing large capacity cesspool(s) must be closed and
replaced with a new treatment individual wastewater system by
Apri15, 2005 in order to comply with federal requirements.
r
The current State requirement of a wastewater treatment plant
would significantly add to the construction cost, as well as require
a much greater on-goirig maintenance cost.
r 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: ~ `
Existing TMKs (3) 9 - 5 - 021:024 (extg 3 BDR), 028 (extg 3 BDR), 005 (Nana Hou Cafe)
are currently served by a LCC located off property (Naalehu Park Baseball Field)
It is proposed to consolidate the existing wastewater lines from the above TMKs and
install new 4000 gallon Septic Tank and 18' x 63' absorption field. IWS area will cross
common property line shared by TMK parcels 024, 028.
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).
~ 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 wil_1 be submitted to
DOH for review and approval. The new IWS will provide a better
wastewater treatment system compazed to the existing LCC.
Therefore minimizes impact to the environment.
Simplified Form: Applicationfor HAR Chapter !l-61 Variance (Large Capacity Cesspool)
9/16/2004 Page 5 _ prepared for TINA EDMUNDS by Peter J.K. Dahlberg, P.E.
5!23!2007
fr Prevent loss of jobs. The LCC serving my facility has been in
operation for ta+ years. The current State requirements of a
wastewater treatment plant would significantly add to the construction
cost, as well as require a much greater on-gaing maintenance cost. I
(owner) may be forced to close my existing business and lay off my
employees.
r If not in the choices, please specify:
(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 (septic system) will provide a better treatment system prior to
effluent disposal. The IWS will be designed and constructed to meet
the DOH standards. The impact to the environment will be minimized
compared to the current wastewater disposal.
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 pre-treatment and sludge
removal prior to effluent disposal.
1- If not in the choices, please specify:
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9J16J2004 Page 6 Prepared for TINA EDMUPIDS by Peter 3.K. Dahlberg, P.E.
5!232007
(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 NA are essentially
economically depressed.
r The owner of the facility simply cannot afford to build and operate
wastewater systems meeting al] 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.
1- If not in the choices, please specify:
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.
1r 5 years
Less than 5 years
F. Submit any additional information which will support this application for
a variance (i.e., statements, plans, azea maps, histories, etc., and label
"Attachment F-1").
Simplified Form: Application jor HAR Chapter 11-62 Variance (Large Capacity Cesspool)
9/16/2004 Page 7 Prepared for T[NA EDMUNDS by Peter J.K. Dahlberg, P.E.
5/23!2007
III. CERTIFICATION:
I, ~cz. ~~s~~_r,~~S, C7ccw~'
(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 bes~tnonf my knowledge ~an~d
b~elie~f.
Signature: ~ L1~Q . YI L ~ l.~U'~.t~~'~
Date: ~ ~ /o~
DO NOT WRITE BELOW - FnO/,,R AG~EnNC~Yt~USE ONLY
IV. Date Application received: W , ~-U
V. Application No.: ~~1W 2~
n~~
VI. Docket No.: ~ d" ~1 II//~ V y Y ~ - ~q
VII. Received b : lily 4~M
~~a.~
VIII. Filing fee (rev) check date: 2 g pp~~j~ Check 2~_
IX. Department of Health Receipt ~ ~V l
X. Decision on Application (including date):
XI. Date of Public Hearing:
of the wastewater systems.
Simplified Foan: Applicafion jor HAR Chapter I l -62 Variance (Large Capacity Cesspool)
9/16/2004 Page 8 Prepared for TINA EDMUNDS by Peter 1.K. Dahlberg, P.E.
snlnoo~
Transmittal Date: Sus ense Date:
Wastewater Branch Variance A lication Docket No, U -VWW- 0' APP # WW -
Name/Title: t~1i~ia _ -r11-~{( I-~{I~r.~t,~i?C(~~„~~i.l.r?~r-
Sub'ect: Cover Letter, Public otice and Variance A lication
ROUTE T0: _
A licant: i1U (yl1(,(I 'i4S
Director of Health -Chi ome Leinaala ukino
De u Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Arizumi
Attorne General's Office, AG Mark Bennet, De ut Mark McConnel, De u 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
[~'j 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 - Clift„id Lum
County of Hawaii Dept of Water Supply -Mitten Pavao
[ ]County of Maui Dept of Water Supply -George Y. Tengan
Kauai Count De artment of Water -Edward Tschu
[ ]District Health Office -Maui -Herbert Matsubayashi, Chit Sanitarian
[ District Health Office -Kauai -Clyde Takekuma, Chief Sar~,~arian
District Health Office -Hilo -Aaron Ueno, Chief Sanitarian
Ci &Coun of Honolulu, De artment of Plannin & Permittin
Coun of \LU; 1. I ! 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 Title
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 9ra:,
919 Ala Moana Blvd. Room
Honolulu, Hawaii 96814-492u
phone (808) 586-4294 fax (808) 586-4300
Receive:. by WWB / / p:\c temp\wwb - 2007 variance route slip - CL PN App.doc 05/10/2007