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Home My WebLink AboutCOM 0530.000 2006-2008 95p d ,~i...t.. LINDA LINGLE ' ~ ~ CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ig ~IRECTON OF HEALTH }~1.., w~~"r STATE OF` HJ4W%l11 DEPARTMENT OF HEALTH P.O. BOX 3378 ~ In reply, please refer to'. HONOLULU, HAWAII ~8~01 ~ ~ EMD / WB W W 252 PN CL June 20, 2007 Mr. Stephen J. Herbert 74-5606 Pawai Place #203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: Subject: Variance Application No. WW 252 Docket No. 07-VWW-10 Proposed Large Capacity Cesspool Conversion by Installing a 1500 gallon Septic Tank Upstream of the Cesspool at Seaview Terrace Apartments 77-298 Noelani Way, Kailua-Kona, Hawaii TMK: (3) 7-7-015: 083 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 (1) time onl .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 elizabeth@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808)329-9311 fax (808)329-3659 email Ilogan@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 Comm. rio. S3~ Ref. To: Ref. Date .JUL 11 2Q07 _ Mr. Stephen J. Herbert June 20, 2006 Page 2 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. Please find enclosed a receipt for your variance application for 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. Sincerely, 7 ~ THOMAS E. A~RIZUMf,.P"E., CHIEF Environmental Management Division Enclosures' Receipt No. 13874 Public Notice 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 ~Yawaii County Council Applicant - Mr. Paul C. Hartsough WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 252 DOCKET N0. 07 - VW W - 10 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Paul C. Hartsough of Monterey Blvd., San Francisco, California, owner of Seaview Terrace Apartments has applied for a five (5) year variance from Hawaii Administrative Rules (HAR) Section 11-62-31.1(b)(1) which states "Whenever an individual wastewater system is allowed under subsection (a) the following shall apply: (1) The director may allow an individual wastewater system other than a cesspool to be used for two dwelling units which may or may not be located within the same building provided: (A) Both of the dwelling units are located on the same single family residential lot; and (B) The individual wastewater system used shall meet the current requirements of this chapter." Mr. Stephen J. Herbert, Professional Engineer from Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is proposing to convert the existing cesspool serving the Seaview Terrace Apartments to a seepage pit by installing a 1500 gallon septic tank upstream from the cesspool. The property is located at 77-298 Noelani Way, Kailua-Kona, Hawaii, and is further identified as TMK (3) 7-7-015: 083. The apartment building is an existing five (5) unit building with each unit having one (1) bedroom. The applicant has made the following comments. 1. More than two dwelling units are served by one wastewater system. 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 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. 4. 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. 5. 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. 6 The variance is requested for the maximum of five (5) years. An individual wastewater system application information sheet and various other documents are attached to this application for variance but can not be shown here. 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, after separate related documents, written comments and the public hearing, if any. Chiyome Leinaala Fukino, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. WW Z Environmental Management Division Docket No. VWW - APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawai[ Revised Statues as of December 9, 2004 Submit two l2) lone original & one copy) and filing fee of S300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are aNowed, but preferred in 8'fx" x 11" format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: S~/~W~'W Te°22A,Ci<, A,PAR.TM~17"Sr P,ot~L 4NAtClS~GFl~ ou+ti'E.R- (Corporation, company, agency, firm, etc. seeking variance) Mailing address: 25~ µoNT~¢~~Y «~p so.~ PC~i+a.~c.t Sca , tea. q 4 l3 l - 3140 ICityl (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool ILCC), [ j Non-Residential LCC [ ) Retail Business [ 1 Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom ( ] Restaurant /food establishment ~ [ 1 Others, please specify: [ ? ] Resl ential LCC [ ~ Multiple dwelling [ ] Community system [ J Regional system [ ] Others, please specify: Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6 Provide location of existing cesspool(s): Tax Map Key No. (3 ) ~7 - ~l - O l 5 O 8 3 1 =Oahu 2=Maui 3=Big Island 4=Kauai -1'1 - 29b t~ciEWl~lt wAY (number) (street) IC/4tt_uR- 1Got~A 1-11 0.l.? 40 (City) Ilsland) (Zipcode) B. Individual authorized to act for applicant: Name: S'l-C~NCN J tlE2E1E2T Title: C1.1GlryEE0. Address: 1 S (oOb PI4W Al Pl./aL~ # 203 IL/Y~\LVA• vC.o1..1Pc tot ~~t 4a (City) Ilsland) (Zip code) Phone No.: 608. 329 • S 212 Fax No.: pof3 • 3'3l • 2149 Email Address: 5 h e_r b erf @ haw0.)1 . rr. CO m C. Identify the specific sectionls) of Chapter 11-62 which the variance is requested. Check applicable sections: [ 1 Section 11-62-03 Definitions state individua/ wastewater system means a facility which is designed to receive and dispose of no more than 1000 gallons per day of domestic wastewater. individua/ wastewater systems may invo/ve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal system and cesspoo/s. Each individua/ wastewater system sha/l be an independent system and sha/l have all of its plumbing, treatment lif any), and disposal components separate from any other wastewater system. " [ ] Section 11-62-31.1 (aJ /1J (Al For residential developments. There shall be 10,000 square feet of /and area for each individua/ wastewater system. " ( ] Section 11-62-31. 1(a19111C1 "For residential deve%pments. Area of the /ot shall not be less than 10,000 square feel except for lots created and recorded before the effective date of this rule. For /ots /ass than 10,000 square feet which were created and recorded before the effective date of this ru/e, on/y one individual wastewater system shall be allowed. " ( 1 Section 11-62-31. 1lal(2JlAI "Dave%pments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not inc/ude the area under the buildings. " Application for LCC Variance.doc vww as of December 9, 2004 Page 2 of 6 [ 1 Section 1 l -62-31.1(a)92)(8) 'Developments involving buildings other than dwellings. The total wastewater flow shall not exceed 15,000 gallons per day.' ( ] Section 11-62-31.1(a)(2)(C) °Developments involving buildings other than dwellings. Area of the Jot steal/ not be Jess than 10,000 square feet except for lots 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. " A [ 1 S'ccTroN / / - 6 Z - 3/ / (b J ~ nvE Dr2czz3C MA Y AGLOW Ar..t /ti+/O/ V / O y4 L w,4STCG.N~T~'72 S YST~,M o rN®2 TNAnJ /4 CL°.SSPOOL 1?~ E!E uSEO FeK Two Owc~t.~/r.rl~ u/.+rTS wrtr4! /rrgYoR ~iaYa+oT ee t..oCr4T~0 wrr/1rN r'rlE s.4/uE reurc.o/n/L PRoVt~EO: ll. 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 square feet. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspoo% The estimated wastewater f/ow is 2,000 gpd.) 7?/E e:K/ST/~+L S ux,rT awc u.4a / Bmar7vr pcJt.u/~rT Scfeuts2 BY Q t,ARCG+ cciSPooL. Suf9eN.aPTCJe 3 r~+0/vrowlL w,aSrFw.~Tbe SY~S ~3y l.~oc~..a NOT /NC~,.ar0~ ~~+Y RJ(~E, fblC /(~is rNST.4r-L_.,4Tra~.J.S /9~e Mgt.-TrPLE eiNrTS OTf4C~L TJ{/?N SCXTitII~J ri ~r 6Z- 3/./ ~6~ LvNrcN oNLr 7'a rYUO ocu~rv4 urr TS. 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. [ ] The area of the lot is square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet 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 gallons per day. Application for LCC Veriance.doc vww as of December 9, 2004 Page 3 of 6 [ If not in the choices, please specify. M oR.~ 1-ct,as•, T-wo p wC'LU ^'4 uut tS ,4s¢C s~y~ 4Y o~+G c.,asr~cuAT~7~ 5 YS 72yV1 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 environmental rules of the State within a reasonable amount of time. Check all applicable reasons. The existing large capacity cesspoolls) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. [ 1 The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost. [ ] 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. [ I If not in the choices, please specify. D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1, D-2 & D-3) to clearly show that: 11) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D-6(c). [ y~ The applicant believes this variance request is in the public interest because the LCC will be upgraded to an IWS (septic systeml. 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. [ ] Prevent loss of jobs. The LCC serving my facility has been in operation for 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. Application for LCC Variance.doc vww as of December 9, 2004 Page 4 of 6 [ ] 121 The/granting of the variance will not substantially endanger human health or safety. The existing LCC will be upgraded to an IWS (septic systeml. 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. [ ] 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. [ 1 If not in the choices, please specify. (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. [ 1 The residents of the are essentially / economically depressed. [?1 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. [ ] The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 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 labe/l "Attachment E-1 Check applicable amount of time requested. [ ?1 5 years [ ] 4 years [ ] 3 years [ ] 2 years [ ] 1 year F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1 Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6 III. CERTIFICATION: 1. P~+JL L IJ,aRT Sov Gr,~ otJ r,a~~ STI~pHI~.J J ~1E/~c-02T' uvr~. C~NG/N LREf2- 1~Cz gtvr+dZ (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 best of my knowle d belief. Signature: Date: 3 2 L b ~ iz a DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: V VIAL WC,~ ~ V. Application No.: ~ ~ V I. Docket No.: O '~1I V • ~ " ~ ~ O VII. Received by: ?1 v ~I j I VIII. Filing fee (5300.00) check date: Q ~ ~ ~ 2' QQ~ I Check # ~ 3 IX. Department of Health Receipt # I ~ v X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC Variance.doc vww ae of December 9, 2004 Page 6 of 6 Transmittal Date: r Sus ense Date: ~ Wastewater Branch Variance A lication Docket No. -VWW-~ APP # WW Name/Title: ~i~ r~((1~A Sub'ect: Cover Letter, Public Notice and riance A lication ROUTE TO: A licant: A ent: Director of Health - Chi o e Leinaala Fukino De u Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorne General's Office, AG Mark Bennet, De u 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 Properties Only Wastewater Branch Staff Personnel (y~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 -Clifford Lum j~q-County of Hawaii Dept of Water Supply -Milton Pavao • [ ]County of Maui Dept of Nlater Supply -George Y. Tengan Kauai Count De artment of Water -Edward Tschu [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ ]District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian istrict Health Office -Hilo -Aaron Ueno, Chief Sanitarian Ci &Coun of Honolulu, De artment of Plannin & Permittin Coun of 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 ma add a se arate sheet of comments to this. Return this to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300 Received by W W B / / p:\C temp\wwb - 2007 variance route slip - CL PN App.doc 05/10/2007