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Home My WebLink AboutCOM 0527.000 2006-2008 1' LINDA LINGLE gy ! CHIYOME LEINAALA FUKINO, M.D. 9„i ~ owecroF. o=~~EALrH GOVERNOR OF HAWAII t~ STATE OF HAW/ktl-~ ~!~-li ll., 1 ~ DEPARTMENT OF HEALTH PO. BO% 3378 In reply. please refer fo: HONOLULU, HAWAII 96801 J EMD/WB W W 246 FINAL DEC CL June 22, 2007 CERTIFIED MAIL 7005 1160 0001 8381 4564 RETURN RECEIPT REQUESTED Mr. Theodore Baldau RT Engineers, Inc. P.O. Box 390628 Kailua-Kona, Hawaii 96739 Dear Mr. Baldau: Subject: Variance Application No. VWU 246 Docket No. 07-VWW-04 Kona Housing Corporation -Captain Cook Elderly Housing Replacement of LCCs Serving 21 Dwelling Units Housed in Three (3) Buildings at 82-1040 Kiloa Road, Captain Cook, Hawaii TMK: (3) 8-2-001: 154 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on June 18, 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, . ~l~ ~ THOMAS E. AI~IZUMI, P .CHI F Environmental Manag sion 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 Comm. No. ~z Department of W ater Supply -County of Hawaii District Health Offce -Hilo Ref. To: yi!fawaii County Council Rif. ~Cte ,~L 11 2~~~ Applicant -Kona Housing Corporation STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-04 Variance Application No. WW 246 ) for Individual Wastewater System ) Kona Housing Corporation -Captain ) Cook Elderly Housing ) Replacement of LCCs Serving 21 ) Dwelling Units Housed at ) 82-1040 Kiloa Road ) Captain Cook, 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 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. !n 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 permitted by the Underground Injection control program. 4. 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. 5. 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. 6. Operation of the treatment individual wastewater systems shall be checked periodically to insure proper care is being carried out and to prevent any spill. Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04, Decision & Order, Page 1 7. The project shall connect to the County sewer service system should it become available to the area. 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, June 18. 2007 VL~ ' THOMAS E. ARi M , P.E., CHlF„~ Environmental management D Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04, Decision & Order, Page 2 STATE OF HAWAIf 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 ) Cook Elderly Housing ) Replacement of LCCs Serving 21 ) Dwelling Units at ) 82-1040 Kiloa Road ) Captain Cook, Nawaii ) 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 cesspools (LCCs) stating that four (4) of the proposed septic systems would receive flows 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 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 four (4) dwelling units a piece. One (1) septic system would receive flow from Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04 Findings of Fact and Conclusions of Law, Page 1 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 W astewater Branch's Planning & Design Section at (808) 586-4294 for technical information regarding treatment individual wastewater systems. DATED: Honolulu, Hawaii, June 18, 2007 THOMAS E. A43c UMI, P.~ Environmenta(Managemen-t ivision The foregoing findings of fact and conclusions of law are hereby adopted. Kona Housing Corporation -Variance Application W W 246, Docket No. 07-VW W-04 Findings of Fact and Conclusions of Law, Page 5 Transmittal Date: ~ ~ _ Wastewater Branch Variance A lication Docket No. - VWW - APP # WW Name/Title: '-C ' !Cf i i S' ` i~ L ~ ~ t') Subject: Final Signed Decision Co~def Letter, Signed Decision & Order & Findings of Fact & Conclusions of taw ROUTE TO: Applicant: , [ (i _>t, lc l ~ ~,"r ~ _ r i F A ent: Tit;.j ~C' l,i;':,'.-! " 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, Deput Bill Cooper Clean Water Branch - AI ec Won Environmental Plannin Office - Kel vin Sunada r Safe Drinkin Water Branch - Stuart Yamada Sanitation Branch - Commer cial Properties Only Wastewater Branch Staff Personnel [ y'~1 Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ ]Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 4) [ ]Kauai -Lori Vetter [ ]Maui -Roland Tejano [ l Oahu - Johnn y Ong Water Departments I [ J Board of VJater Supply -Clifford Lum [ 4' ]County of Hawaii Dept of Water Supply -Milton Pavao [ 1 County cf Maui Dept of Water Supply - Geor~7e Y. Tengan _ [ 1 rauai County Department of Water - Ed ward Tschupp [ ]District Health Office -Maui -Herb ert Matsubayashi, Chief Sanitarian ( 1 District Health Office -Kauai - Ciyde T akekuma, Chief Sanitarian [ 1 District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian City & County of Honolulu, Department of Plannin & Permittin County of ~ --fti tr , i Council Oahu Nei hborhood Board # NO ACTION REQUIRED: Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Lave. X The attached is for your information to file or discard at your discretion. No action is required. Thank you for your assis*.ance 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 03/21/2007