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LINDA LINGLE r: C t CHIYOME LEINAALA PUKING, M. D.
GOVERNOR OF HAWAII ( DIRECTOR U~ NEALTH
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STATE OF HAVUA91~~'` F=i"t
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 rat ~ EMD / WB
W W 248 Draft Dec CL
June 21, 2007
Mr. Ronald Layoen
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96829
Dear Mr. Layoen:
Subject: Variance Application No. WW 248 Docket No. 07-VWW-07
Conversion of Cesspools for Use as Seepage Pits for Effluent
Disposal at HPHA 65-1189 and 65-1191 Opelo Road, Kamuela, Hawaii
TMK: (3) 6-5-009: 025 & 026
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, July 12, 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,
F'~
THOMAS Er~ZUMI, ~IEF
Environmen al Managern I Ision
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Offce
Safe Drinking Water Branch
Wastewater Branch -Kona Branch G
Department of Water Supply -County of Hawaii S~
D}'strio Health Offce -Hilo 4omm. No.
yflawaii County Council Rif. TOs
Applicant - Mr. Derek Fujikami, HPHA Rif. Ik~te 11 2UU7
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-07
Variance Application No. WW 248 )
for Individual Wastewater System )
Conversion of the Cesspools for Use ) DRAFT -SIGNATURE NOT REQUIRED
as Seepage Pits for Effluent Disposal at )
HPHA 65-1189 & 65-1191 Opelo Road )
Kamuela, Hawaii )
TMK: (3) 6-5-009: 025 & 026 )
DECISION AND ORDER
Pursuant to Chapter 342 D, 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 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. Each septic tank shall be fitted with an effluent filter(s).
3. Prior to use, the seepage pits shall be properly permitted by the Underground
Injection Control program of the Safe Drinking Water Branch.
4. The volume of the septic tank shall be enlarged to accommodate the wastewater
flow from the more than two (2) dwelling units in each building, as well as the
sludge and scum that is removed from the wastewater.
5. Operation and maintenance of the IWS shall be checked periodically to insure
proper care is being carried out 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
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-07
Variance Applicatior, No. WW 248 )
for Individual Wastewater System )
Conversion of the Cesspools for Use ) DRAFT -SIGNATURE NOT REQUIRED
as Seepage Pits for Effluent Disposal at )
HPHA 65-1189 & 65-1191 Opelo Road )
Kamuela, Hawaii )
TMK: (3) 6-5-009: 025 & 026 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Derek Fujikami, Hawaii Public Housing Authority,
Honolulu, Oahu for a five (5) year variance from Hawaii Administrative Rules, Chapter
62 of Title 11, Section 11 ~2-03 was reviewed by the Department of Health staff. A
public notice of the application was printed in the May 9, 2007 issue of the Honolulu
Star Bulletin and the May 11, 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. Ronald Layaoen, Project
Engineer for Okahara & Associates of Hilo, Hawaii has applied for a five (5) 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 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."
The applicant is requesting the variance to upgrade ten (10) cesspools by the
addition of a septic tank and conversion of the cesspools into seepage pits for effluent
disposal for the housing project located at HPHA 65-1189 and 65-1191 Opelo Road,
Kamuela, Hawaii and further identified as TMK: (3) 6-5-009: 025 & 026.
Hawaii Public Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VW W-O6
Findings of Fact and Conclusions of Law, Page 7
The applicant has made the following statements.
1. The project involves the upgrading of existing cesspool serving the facility.
Each of the eight (8) proposed individual wastewater system (IWS) would
receive more than 1000 gpd of wastewater. Estimated wastewater flows
ranging between 1600 gpd and 4800 gpd will be subject to treatment by
septic tanks prior to disposal via seepage pits.
2. The existing large capacity cesspool(s) must be closed and replaced with
a new treatment individual wastewater system by April 5, 2005 in order to
comply with federal requirements.
3. The facility has been in operation for 25 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 restriction and may
force the owner to abandon the business operation.
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 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.
7. The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
8. This application for variance is requested for five (5) years.
Attachment and plot maps were submitted with the application for variance but
can not be shown here. They may be viewed by calling or writing to the
Wastewater Branch.
Hawaii Public Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VW W-OB
Findings of Fad and Conclusions of Law, Page 2
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Have no objection to the granting of this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The project site 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;
B. UIC permitting is applicable to any large capacity cesspool (LCC)
being retained as a seepage pit that receives over 1000 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;
C. Because the proposed upgrade of the LCCs is being driven by the
Federal ban on large-capacity cesspools, we have no objection to
granting the variance; and
D. 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.
Hawaii Public Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VWW-O6
Findings of Facl and Conclusions of Law, Page 3
B. Each septic tank shall be fitted with an effluent filter(s).
C. Prior to use, the seepage pits shall be properly permitted by 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.
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.
Hawaii Public Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VW W-O6
Findings of Fact and Conclusions of Law, Page 4
2. Each septic tank shall be fitted with an effluent filter(s).
3. Prior to use, the seepage pits shall be properly permitted by the
Underground Injection Control program of the Safe Drinking Water
Branch.
4. The volume of the septic tank shall be enlarged to accommodate the
wastewater flow from the more than two (2) dwelling units in each building,
as well as the sludge and scum that is removed from the wastewater.
5. Operation and maintenance of the IWS shall be checked periodically to
insure proper care is being carried out 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.
Hawaii Public Housing Authority, Opelo Road -Variance Application VJVJ 248, Docket No. 07-VW W-O6
Findings of Fact and Conclusions of Law, Page 5
Transmittal Date: , Suspense Date:
Wastewater Branch Variance Application Docket No. ~ - VWW - APP # WW
Name/Title: (7
Sub'ect: Draft De ision Letter with Decision & Order and Findin s of Fact & Conclusions of Law
ROUTE TO:
Applicant: 0 (
A ent: ~ d
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
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commer cial Pro erties Only
Wastewater Branch Staff Personnel
['c] Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) r
[ ]Hilo -Jerry Nu nogawa ITMKs 1, 2, 3, 4)
[ ]Kauai -Lori Vetter
[ ]Maui -Roland Tejano
[ ]Oahu - Johnny On
Water Departments
[ I Board of Water Supply -Clifford Lum
[~jq, 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 Tschupp
[ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai - Clyde T akekuma, Chief Sanitarian
C District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian
City & County of Honolulu, Department of Plannin & Permittin
County of 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 (808) 586-4294 fax 1808) 586-4300.
Received by WWB / / p:\c temp\wwb - 2007 variance route slip -Draft De c.doc 0 312 1 /2007