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Home My WebLink AboutCOM 0612.000 2006-2008 . „ ,959 -~'7i yl LINDA LINGLE t f ~ CHIVOME LEINAALA FUKINO, M. D. OOVEHNOR OF HAWAII sp JIREf TG ~,EALTH y STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 338 In reply, please refer to: HONOLULU, HAWAII 96801 EMD!WB ww zsz oraH sec cl_ August 14, 2007 c, ti Mr. Stephen J. Herbert 74-5606 Pawai Place #203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: V Subject: Variance Application No. WW 252 Docket No. 07-VWW-10 Proposed Large Capacity Cesspool Conversion of Existing Cesspool to a 1500 gallon Septic Tank and Seepage Pit for Seaview Terrace Apartments in Kailua-Kona; 77-298 Noelani Way, Kailua-Kona, Hawaii TMK: (3) 7-7-015: 083 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, September 7, 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, d' _ ~ THOMAS E. ARIZUMI, P.E.,~IEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Kona Branch pepartment of Water Supply -County of Hawaii strict Health Office -Hilo awaii County Council Applicant - Mr. Paul C. Hartsough Comm. No.~~ Ref. To, Ref. Date _ AU6 2 2 2007 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-10 Variance Application No. W W 252 ) for Individual Wastewater System ) Proposed Large Capacity Cesspool ) GRAFT -SIGNATURE NOT REQUIRED 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 ) 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)(1) 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. The existing cesspools and new seepage pit shall be properly permitted by the Underground Injection Control program of the Safe Drinking Water Branch. 4. The project shall connect to the County sewer service system should it become available to the area. 5. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for renewal, 180 days prior to expiration date. DATED: Honolulu, Hawaii, Draft -Signature NOT required. THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division ~r STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-10 Variance Application No. WW 252 ) for Individual Wastewater System ) Proposed Large Capacity Cesspool ) DRAFT -SIGNATURE NOT REQUIRED 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 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Paul C. Hartsough of Monterey Blvd., San Francisco, California, owner of Seaview Terrace Apartments for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(b)(1) was reviewed by the Department of Health staff. A public notice of the application was printed in the June 30, 2007 issue of the Honolulu Star Bulletin and the July 5, 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. Stephen J. Herbert, Professional Engineer, Kailua-Kona, Hawaii applied for alive-year variance from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(b)(1) which states that "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." The applicant is proposing to convert the existing cesspool into a seepage pit by installing a 1500 gallon septic tank upstream of the cesspool. Before using the seepage pit, the cesspool will be pumped by a licensed pumping contractor. The property is the Seaview Terrace Apartments, located at 77-298 Noelani Way, Kailua-Kona, Hawaii, and further identified as TMK (3) 7-7-015: 083. It is an existing five (5) unit building with each unit consisting of a one (1) bedroom apartment. The building is currently served by a single large capacity cesspool. Seaview Terrace Apartments -Variance Application W W 252, Docket No. 07-VWW-10 Findings of Fact and Conclusions of Law, Page 1 - , The applicant has made the following statements. 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 betterwastewater 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. In addition, an individual wastewater system application information sheet and other documentation were attached to this application for variance but can not be shown here. 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 "makai" or below the Underground Injection Control (UIC) line. Land areas below the UIC line, in general, overlie aquifers that are not an underground source of drinking water for injection well regulatory purposes; B. UIC permitting is applicable to any existing large-capacity cesspool (LCC) 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 UIC permit is a violation of Chapter 11023 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; Seaview Terrace Apartments -Variance Application W W 252, Docket No. 07-VW W-10 Findings of Fact and ConGUSions of Law, Page 2 - - ' w-,,~ C. Because the proposed upgrade of the LCCs to septic systems is being driven by the Federal ban on large-capacity cesspools, we have no objection to granting the variance. D. If a variance is granted, appropriate conditions should be imposed to insure proper operation and maintenance of th 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 I 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. the septic tank shall be fitted with an effluent filter(s) to help in reducing solids in the effluent. 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 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. Seaview Terrace Apartments -Variance Application W W 252, Dockel No. 07-VW W-10 Findings of Fad 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. UIC permitting is applicable to any existing large-capacity cesspool (LCC) 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 UIC permit is a violation of Chapter 11023 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; 2. 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. 3. Each septic tank shall be fitted with an efFluent filter(s). 4. The project shall connect to the County sewer service system should it become available to the area. 5. 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. Seaview Terrace Apartments - Variance Application W W 252, Docket No. 07-VW W-10 Findings of Fact and Conclusions of Law, Page 4 I Transmittal Date: Sus ense Date• r Wastewater Branch VarlanCl ;,plication Docket No. - VV - APP # WW 2, ' Name/Title: V ~YYQ Sub'ect: Draft Decision Letter with Decision Order and Findin s of Fact & Conclusions of Law ROUTE T0: Applicant: (A. A ent: • Director of Health -Chi ome 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, De ut 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 Only Wastewater Branch Staff Personnel [ x] Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91 ' [ ]Hilo -Jerry Nu nogawa (TMKs 1 , 2, 3, 41 [ 1 Kauai -Lori Vetter [ ]Maui -Roland Tejano [ ]Oahu - Johnn On Water Departments [ 1 Board of Water Supply -Clifford Lum [X ]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 Tschup [ ]District Health Office -Maui -Herbert Matsubayashi, Chief Sanitarian [ )District Health Office -Kauai - Clyde T akekuma, Chief Sanitarian ( 1 District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian City & County of Honolulu, Department of Plannin & Permittin County of I 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 (808) 586-4300. Received by WWB / / p:\c temp\wwb - 2007 variance route slip -Draft De c.doc 0 312 1 /2007