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GOVERNOR OFG AWAiI r. ~ CHIYOMOI EE
TOR OP EAKINO, M.D.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3316 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD / WB
Q:\StafAlkajiwara\Fina I
W W 248 FINAL DEC CL
July 19, 2007
r.-.
CERTIFIED MAIL 7005 1160 0001 8381 4519
RETURN RECEIPT REQUESTED
Mr. Ronald Layaoen
Okahara & Associates, Inc. J
200 Kohola Street
Hilo, Hawaii 96829
Dear Mr. Layaoen:
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 the Department of Health's Decision and Order regarding the
above mentioned application for variance request which was GRANTED on
July 12, 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,
THOMAS E I U IEF
Environmen al Manage ivision
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch ~O
Wastewater Branch -Kona Staff Engineer Comm. No.
Department of Water Supply -County of Hawaii
District Health Office -Hilo Ref. To:
,/~-iewaii County Council Ref. Date AUG 0 b
Zll~
Applicant - Mr. Derek Fujikami, HPHA
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-07
Variance Application No. WW 248 )
for Individual Wastewater System )
Conversion of the Cesspools for Use )
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 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 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, 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, July 12 2007
E0~
THOMAS IZUMI, .E., EF
Environme al Managemen ivision
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-07
Variance Application No. WW 248 )
for Individual Wastewater System )
Conversion of the Cesspools for Use )
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 11-62-03 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
aseptic 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.
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.
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 1
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.
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;
Hawaii Puhlic Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VW W-O6
Findings of Fact and Conclusions of Law, Page 2
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.
B. Each septic tank shall be fitted with an effluent filter(s).
C. 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 inforrnation 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.
Hawaii Public Housing Authority, Opelo Road -Variance Applkalfon W W 248, Docket No. 07-VW W-O6
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. 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, 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 the 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, Julv 12, 2007
FOR
THOMAS E. UMI, P.E.,
Environmenta Management n
The foregoing findings of fact and conclusions of law are hereby adopted.
Hawaii Public Housing Authority, Opelo Road -Variance Application W W 248, Docket No. 07-VW W-06
Findings of Fact and Conclusions of Law, Page 4
Transmittal Date: ti i
Wastewater Branch Variance lication Docket No. - VWW - APP # WW
Name/Title: _
Subject: Final Sig ed Decision Cover Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
Applicant:
A ent:
Director of Health - C hiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas E. Arizumi
Attorne General's Office, AG Mark Bennet, Deput Mark McConnel, De uty Bill Coo er
Clean Water Branch - AI ec Won
Environmental Plannin Office - Kel vin Sunada
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commer cial Properties O~
Was ewater Branch Staff Personnel
[ ~ Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91 •
[ ]Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ ]Kauai -Lori Vetter
[ 1 Maui -Roland Tejano
[ 1 Oahu - Johnn y On
Water Departments
( ]Board of Water Supply -Clifford Lum
[ County of Hawaii Dept of Water Supply -Milton Pavao •
[ ]County of Maui Dept of Water Supply -George Y. Tengan
( ]Kauai Count Department of Water - Ed ward Tschupp
[ ]District Health Office -Maui -Herb ert Matsubayashi, Chief Sanitarian
[ ]District Health Office -Kauai - Clyde T akekuma, Chief Sanitarian
[ ]District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian
Cit & Count 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 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:1c temp\wwb - 2007 variance route slip - final decision.doc as of 03!21 /2007