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HomeMy WebLinkAboutCOM 0484.000 2006-2008 ^y ~ ~ ~7' -,.=a LINDA LINGLE _ irk{ ~ it CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~`}E OIRECTON~EHEALTH /~a ~3c\...-..- ic ~~ry. STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 9fi801 EMD / WB WW 245 FINAL DEC CL June 1,2007 n' CERTIFIED MAIL 70051160 0001 8381 4533 L ~ RETURN RECEIPT REQUESTED - Mr. Stephen J. Herbert Consulting Engineer 74-5606 Pawai Place, Suite 203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: 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 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on May 30, 2007 for five (5) years. We are enclosing for your information the Findings of Fact and Conclusions of Law. Please note the variance conditions and if there are any questions relative to the variance, please do not hesitate to contact Mr. Harold Yee, Chief of the Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808) 586-4300. Sincerely, ~ ~7 ./7 ~ yy2vG THOMAS E. ARIZUMI, F.E., IEF Environmental Managemen ivision Enclosures: Final Decision and Order Findings of Fact and Conclusions of Law 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 Hawaii County Council L.~ Applicant - Mr. David Paul Sennet COmm, NO. Ref. To: _ Ref. Dote ~lUN STATE OF HAWAII DEPARTMENT OF HEALTH in the Matter of the Application ) Docket No. 07-VWW-03 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 (g) ) Rental Apartments at ) 55-3435 Akoni Pule Highway ) Kapaau, Hawaii TMK: (3) 5-5-014: 012 ) 1 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 shat{ 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 UIC permit shall be obtained immediately which then authorizes use of the seepage pits as injection well. 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. Requirements are issued after an abandonment application is submitted to the UIC program. 6. The project shall connect to the County sewer service system should it become available to the area. Seven Lakes Investments, Inc., Variance Application W W 245, Docket No. 07-VW W-03, Derision & Order, Page 1 _ . _ ~ m 7. 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, Mav 30. 2007/ %C THOMAS E. RIZUMI,, .E. HIEF Environmental Manage nt Division Seven Lakes Investments, Inc., Variance Application WW 245, Docket No. 07-VWW-03, Decision & Order, Page 2 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-03 Variance Application No. W W 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 ) 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 alive-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 treat Seven Lakes Investments, Inc., Variance Application W W 245, Dockel No. 07-VW W-03 Findings of Fact and Conclusions of Law, Page 1 3,000 gallons per day and utilizes a 4,500 gallon Procast Model PC-5-4500 concrete septic tank that is IAPMO certified. The wastewater is generated from nine (g) 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, TMK: (3) 5-5-014: 012. The applicant has made the following statements. 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 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 wil! 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: 1. The Clean Water Branch submitted the following comment: Recommend to deny this variance application. 2. 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 Seven Lakes Investments, Inc., Variance Application WW 245, Docket No. 07-VWW-03 Findings of Fact and Conclusions of Law, Page 2 retail shops. Therefore, UIC regulations are applicable and a UIC permit will be required to continue the operation of the cesspool as a seepage pit. We recommend that the facility's consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC regulatory requirements. 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 shalt 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. 8. 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). C. If a shallow soil absorption bed is used for effluent disposal from the septic tanks, than the existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 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. Seven Lakes Investments, Inc., Variance Application W W 245, locket No. ~7-V W W-03 Findings of Fact and Conclusions of Law, Page 3 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 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 UIC permit shall be obtained immediately which then authorizes use of the seepage pits as injection well. 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. Requirements are issued after an abandonment application is submitted to the UIC program. 6. The project shall connect to the County sewer service system should it become available to the area. 7. 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, Mav 30. 2007 THOMAS E. ARIZl1NU, P. ,CHIEF Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Seven Lakes Investments, Inc., Variance Application WW 245, Docket No. 07-VWW-03 Findings of Fact and Conclusions of Law, Page 4 Transmittal Date: Wastewater Branch Variance Application Docket No. ~ - VWW - © APP # WW _ Name/Title: .Q, V~ i ~-i"~Ci. Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law ROUTE TO: Applicant: s A ent: S ' Director of Health - C hiyome 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, Deputy Bill Cooper _ Clean Water Branch - 1e,(/ Environmental Plannin Office - Kel Sunada _ Safe Drinkin Water Branch - Stuart Yamada ' Sanitation Branch - Commer cial Properties Only Wastewater Branch Staff Personnel [ X ] 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 - Johnn On _ Water Departments [ ]Board of Water Supply -Clifford Lum [x'1 County of Hawaii Dept of Water Supply -Milton Pavao ~ [ 1 County of Maui Dept of Water Supply -George Y. Tengan _ [ ]Kauai County Department of Water - Ed ward Tschupp [ ]District Health Office -Maui -Herb ert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai - Clyde T akekuma, Chief Sanitarian [X ]District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian ' City & County of Honolulu, Department of Plannin & Permittin County of Council Oahu Nei hborhood Board # NO ACTION REQUIRED: Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law. X The attached is for your information to file or discard at your discretion. No action is required. Thank you for your assistance in the variance application process. From: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300 p:\c temp\wwb - 2007 variance route slip - final decision.doc as of 02/23/2007