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Home My WebLink AboutCOM 0599.000 2006-2008 0 .4~~%'p" a ~ i ~~'ry. LINDA LINGLE I ~ ~ CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~ ~l\ OIREGTOR OF HEALTH b~'~. T .l STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, pleaze refer to: HONOLULU, HAWAII 96601 EMD / WB W W 255 PN CL July 27, 2007 Mr. Fred Horwitz Life Care Center of Hilo 944 West Kawailani Street Hilo, Hawaii 96720 Dear Mr. Horwitz: Subject: Variance Application No. WW 255 Docket No. 07-VWW-13 Assisted Living Center -Request Continued Use of LCC Upgraded to Treatment Works Due to Impact on Required Parking Spaces at Life Care Center of Hilo, 944 Kawailani Street, Hilo, Hawaii TMK: (3) 2-4-003: 052 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 Hawaii Tribune Herald one (1) 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 Hawaii Tribune-Herald, contact Ms. Makanani Kaaua, phone (800)548-1294, fax (808)969-9100 email make@hawaiitribune-herald.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. No. S q Ref. Ta Ref. Date Rtd6i 0 2 200'l Mr. Fred Horwitz July 27, 2007 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, THOMAS E.~ARIZIJtVII Chief, Environmental Management Division Enclosures: Receipt No.t3877 . Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hawaii D' trio Health Offce -Hilo ~awaii County Council WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 255 DOCKET NO. 07 - VWW - 13 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. Fred Horwitz and Mr. George Hanselman of Life Care Center of Hilo, have applied for a five (5) year variance from Hawaii Administrative Rules (HAR) Section 11-62-23.1(c)(1) and (2) which states "Unless otherwise specified by the director, the following distance requirements apply to all treatment works: (1) Treatment units, except as provided in paragraph (3), shall not be less than twenty-five feet from any property lines nor less than ten feet from any building and swimming pools; (2) Disposal systems, excluding effluent irrigation systems, shall not be less than five feet from a property line nor less than five feet from any building; and...." Mr. Fred Horwitz is the individual authorized to act for the applicant. The applicant has stated the requested variance is to allow the wastewater treatment plant, associated piping, and injection well(s) to be located with less setback distance to property lines than required by rule. The applicant has made the following comments. 1. The wastewater treatment plant (WWTP) would be placed 10 feet from the North and West property boundaries. The discharge piping and injection wells would be five (5) feet from the West property boundary. 2. All current water quality standards. The design layout requires that a portion of the WWTP to be placed within the property boundary limitations, to maintain required number of parking stalls in the facility. 3. The proposed treatment individual wastewater systems (IWS) 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 treatment system will provide pretreatment and sludge removal prior to effluent disposal. 4. The existing location of the facility is severely restrictive. The treatment system must be located to impact as few parking spaces as possible. 5. 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 A State of Hawaii Wastewater Branch Department of Health Application No. WW 2~ Environmental Management Division Docket No. ~ - VWW - APPLICATION FOR VARIANCE -Primarily Concernlno Larae Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit ONE (1) original with 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 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8.5 " x 11"format (for copying purposes). 1. GENERAL INFORMATION (please print or type): A. Name: Life Care Center of Hilo (Corporation, company, agency, firm, etc. seeking variance) Contact person: Fred Horwitz /George Hanselman Mailing address: g44 West Kawailani Street, Hilo, Hawaii 96720 (City) (Island) (Zip Code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ ] Non-Residential LCC [ ] Retail Business [ ] Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ] Restaurant /food establishment [ X] Others, please specify: Assisted Living Center [ ] Residential LCC [ ] Multiple dwelling [ X ] Community system [ ] Regional system [ ] Others, please specify: P:\wwb\Application for LCC Variance March 2007.doc Updated March 28, 2007 Page 1 of 6 , ~t Provide location of existing cesspool(s): ' Tax Map Key No. (3) 2 - 4 - 003: 052 1=Oahu 2=Maui 3=Big Island 4=Kauai 944 West Kawailani Street (Number) (Street) Hilo, Hawaii 96720 (City) (Island) (Zip Code) B. Individual authorized to act for applicant: Name: Title: Company: Address: (City) (Island) (Zip Code) r ,6 Phone No.: ~ 1 ~A, Fax No.: Email Address: C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [ ] Section 11-62-03 Definitions state "Individual wastewater system means a facility which is used designed to receive and dispose of no more than one thousand gallons per day of domestic wastewater. Each individual wastewater system includes all connected plumbing, treatment (if any), and disposal components that could, if not connected, serve as a separate wastewater system." (updated 3/26/2007) [ ] Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." [ ] Section 11-62-31.1(a)(1)(C) "For residential developments. Area of the lot shall not be less than 10, 000 square feet except for lots created and recorded before August 30, 1991. For lots less than 10, 000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed." [ ] Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings. There shall be 10, 000 square feet of usable land area for each individual wastewater system. Usable land area shall not include the area under the buildings." P:\wwbWpplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 2 of 6 ~ ~ [ ] Section 11-62-31.1(a)(2)(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 lot shall not be less than 10,000 square feet except for lots created and recorded before August 30, 1991. For lots less than 10, 000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed." Section 11-62-23.1(c)(1),(2) -see Design Report Submittal - 5.0 Compliance With Regulatory Requirements II. SPECIFIC INFORMATION: A. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example: Requested Variance is forHAR 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 cronsisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is 2,000 gpd.) The requested variance is in regards to the proximity that a WWTP, associated piping, and injection well(s) can be located in reference to the property boundary - (see Design Report Submittal - 5.0 Compliance With Regulatory Requirements). 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. [X] If not in the choices, please specify. The WWTP would be placed 10 feet from the North and West property boundaries. The discharge piping and converted injection wells would be 5 feet from the West property boundary. P:\wwb\Application for LCC Variance March 2007.doc Updated March 28, 2007 Page 3 of 6 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 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. [ ] The current State requirement of a wastewater treatment plant would significantly dd 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. [X] if not in the choices, please specify. all current water quality standards. The design layout requires that a portion of the WWTP to be placed within the property boundary limitations, to maintain required number of parking stalls in the facility. 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 will be submitted to DOH for review and approval. The new I WS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment. [ ] Prevent loss ofjobs. 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. P:\wwbWpplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 4 of 6 (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 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. [ X ] 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 septis~aal~treatment system will provide pretreatment and sludge removal prior to effluent disposal. [ ] If not in the choices, please specify. (3) Compliance with the rules or standards from which the variance fs sought would produce serious hardship without equal or greater benefits to the public. [ ] The residents of the are essentially economically depressed. ( ] 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. [ X ] The existing location of the facility is severely restrictive. ~He~e-is~imryFy- . The treatment system must be located to impact as few parking spaces as possible. 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. [ X ] 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"). P:\wwbWpplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 5 of 6 ,:r III. CERTIFICATION: I, ~ ~Zy C'-7 ~`T`1"~~ V~ _e^ <?S~UC ,~L~ ll%~'(Ilc~ (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 knowledge and belief. 7 Signature: ~ Date: ~O Z z- G / DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: O ~ - In) -~jO V. Application No.: ~ ~ 1`, e 1~ VI. Docket No.: ~ ~ ~ V V VV ^ I VII. Received by: a~ KM VIII. Filing fee ($300.00) check date: 5 - ? ~ - ~0~/ 1 Check # ~ 03 IX. Department of Health Receipt # ~ t X. Decision on Application (including date): XI. Date of Public Hearing: P:\wwbVlpplica0on for LCC Variance Mar 2007.doc as of March 26, 2007 Page 6 of 6 ` 1 Transmittal Date: Sus ense Date: Wastewater Branch Variance A lication Docke No. -VWW- APP # WW Name/Title: ~ Sub'ect: Cover Letter, Public Notice an Variance A lication ROUTE TO: A licant: ~ t A ent: ~Wl Director of Health -Chi ome 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 Orinkin Water Branch - Stuart Yamada _ Sanitation Branch -Commercial Pro erties Onl Wastewater Branch Staff Personnel r ]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 [~Q County of Hawaii Dept of Water Supply -Milton 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, 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 WB / / p:\c temp\wwb - 2007 variance route slip - CL PN App.doc 05110/2007