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LINDA LINGLE ' CHIVOME LEINAALA FUKINQ M.D.
GOVERNOR OF HAWAII `s ' /1.~ DIRECTOR OF HEALTH
~ji~1.. ..+y= ~
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3376 In reply, please rater to:
HONOLULU, HAWAII 96601 .~,EMD / WB
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- W~1.1L262 PN CL
October 15, 2007
r.•
Mr. Theodore Baldau, VP
RT Engineers, Inc.
P.O. Box 390628 -
Kailua-Kona, Hawaii 96739
Dear Mr. Baldau:
Subject: Variance Application No. WW 282 Docket No. 07-VWW-20
Aina Kea Senior Residences LLLP -Request to Allow More Than 1000 Gallons
per day and More Than Two (2) Dwellings Per Individual Wastewater System
53-3996 Ainakea Drive, Kapaau, Hawaii
TMK: (3) 5-3-011: 102
The Department has reviewed your application for a variance for the subject property from
Hawaii Administrative Rules, Chapter 11-62. 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 (11 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 elizabeth@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 email Ilogan@westhawaiifoday.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 submit the original certified affidavits of
the publication from both newspaper agencies to the Mr. Harold Yee, Branch Chief,
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/
Comm. No. l0 _l I
Ref. To. -
Ref. Dote
_OCT
2 9
Mr. Theodore Baldau
October 15, 2007
Page 2
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,
f i~
- HOMAS E. A`FFIZUMI, F.1`, IEF
Environmental Managem ivision
Enclosures: Receipt No. 13884
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
tnct Health Office -Hilo
~awaii County Council
Applicant- Aina Kea Senior Residences LLLP
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 262
DOCKET NO. 07 - VWW - 20
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. Aina Kea Senior
Residences LLLP of Hilo, Hawaii has applied for a five (5) year variance from 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 are
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." and from
Section 11-62-31.1(a)(1)(D) which states "The total wastewater flow into one individual wastewater
system shall not exceed one thousand gallons and one individual wastewater system shall not serve
more than five bedrooms, whether they are in one dwelling unit or two."
Mr. Theodore Baldau, VP or RT Engineers of Kailua-Kona, Hawaii is the individual authorized
to act for the applicant. The applicant is requesting to be allowed to use individual wastewater
systems for more than two (2) dwellings receiving more than 1000 gallons per day per individual
wastewater system (IWS) for the Aina Kea Senior Residences LLLP located at 53-3996 Ainakea
Drive, Kapaau, Hawaii TMK: (3) 5-2-011: 102.
The applicant has made the following comments.
1. The Ainakea Senior Residence development will be constructed on a 3.034 acre
parcel of land identified by TMK (3) 5-3-011: 102. The parcel is located on the
western side of Ainakea Drive in North Kohala, Hawaii island. This proposed project
includes 6 building of 5one-bedroom dwelling units and a separate common building
containing laundry facilities (absent in the individual dwelling units), and administrative
office, restrooms and cooking facilities. It is proposed to provide separate IWSs for
each of the structures and a separate system for the common building for a total of 7
IWSs. Wastewater flows from each one bedroom dwelling unit is 200 gallons per day
therefore each IWS serving the dwelling structures will receive 1000 gallons per day.
The wastewater volume for the common building is an aggregate of discharge from
laundry activities, administrative office workers and use of the cooking and bathroom
facilities and is estimated at 1,200 gallons per day. Total project wastewater flow
volume is estimate at 7,200 gallons per day.
2. Se tic tank and absor lion bed sizes are summarized in the followin Table 1:
Septic Tank Size Absorption Bed Size
5 Dwelling Unit IWS 1,500 Gallons Each 18' x 46' (420 sf) Each
Common Building 1,500 Gallon Each 21' x 48' (420 si) Each
3. The proposed conditions fail to conform to the environmental rules of the State in the
following manners:
• The proposed common building system exceed 1000 gallons per day.
Each proposed septic system serve more than two dwelling units.
4. The proposed equipment and operating conditions cannot be altered to bring the
facility into compliance with the environmental rules of the state within a reasonable
amount of time for the following reason:
The proposed development is intended to provide affordable housing for very
low elderly residents of Hawaii Island. The project will utilize subsidies from all
three levels of government including:
1. Nominal land cost from the County of Hawaii;
2. Subsidized funding #rom the State through the Rental Housing Trust
Fund, Low Investment Partnerships Program and the Low Income
Housing Tax Credit program;
3. Subsidized funding from the Federal government the HOME
Investments Partnership Program and the Low Income Housing Tax
Credit program.
The additional cost of providing a sewage treatment plant for the facility would
increase the construction cost significantly and could exceed the funds available.
Likewise, constructing IWS systems segmented into 1000 gallon or two dwelling
increments would also increase the cost of the proposed wastewater system by a
significant amount thus having a similar adverse impact on the availability of sufficient
funds for project construction.
5. The granting of this variance is in the public interest as defined in the Hawaii Revised
Statues, section 342.D-6(c) in that it provides affordable housing for low income
elderly residents of Hawaii Island. The residents of this facility will come from income
brackets that would not allow them to otherwise construct and own homes of their
own. The proposed senior residences housing project will permit these residents to
vastly improve their existing housing situation which is likely to be sub-standard due to
overcrowding or allocated a disproportionate share of their family's income towards
housing.
6. The granting of this variance will not substantially endanger human health or safety.
The proposed wastewater systems will collect, treat and dispose of the domestic
wastewater in such a manner that no health or safety concerns are created. No
known sources of potable drinking water are within 1000 feet from the proposed
septic tank systems and no impacts to existing or future drinking water sources are
anticipated. The proposed IWS are located at sufficient elevation (approximately 460
feet above mean sea level) and sufficient horizontal distance (approximately 1 mile) to
minimize their potential to contamination of shoreline waters.
7. Compliance with the rules of standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public. The
residents of the proposed elderly housing project are essentially economically
depressed or financially disadvantaged. Goupled with unprecedented increases in
housing costs, many of the residents of the proposed facility would not be able to
afford housing without assistance from other State or County agencies. Requiring
compliance to the subject rules addressed by this variance request wilt not provide
much greater benefits to the environment or the public than the proposed IWS
systems would provide.
8. The time period requested for this wastewater variance is five (5) years. This time
period is necessary to allow for the construction and ongoing occupation and
operation of the proposed affordable housing facility.
A plot map has been 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)
586-430010 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
State of Hawaii Wastewater Branch
Department of Health Application No. W W 2 L
Environmental Management.Division Docket No. VWW
APPLICATION FOR VARIANCE -Effective December 9.2004
Wastewater Systems
(In accordance with Chapter 342 D Hawaii Revised Statues)
SubmR two (2) (one original & one copy) and filing fee of 5300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 AFa Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
Ph (808),586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8'/z" x 11"format (for copying purposes).
I. GENERAL INFORMATION (please print or type):
A. Name: AIIyA KEA SE.J\OtZ ~~~t7E~1[.ES l..Lt,~
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: ~ ~'~"A H ~ S T~ E"C I S IT E. 20~
r~:`.o ~ +~w f4~~ A b1 Z o
(City) (Island) (Zip code)
Brief Description of Variance:~~T 'Fb ~+u--o"'~ MaQ.E -1~~~
~clvO bwi.A.oala 4E~ ~7Two ~L¢\.1.~.-MS ~ c~SW 5
Plant or Equipment Location: Tax Map Key ( '3_) s - 3 - d t ~ l0 2
Divisions: 1-Oahu 2=Maui 3=Big IslanC a=Kauai (Division) Xone - Sec - Plat Parcel
~3 - 3g4b Ac~~.tt~~6a. \D~i~/6
(Number) (Street)
(City) (Island) (Zip code)
B. Individual authorized to act for applignt:
RT E*IbINEEtzS~sac-
Name: I~Eo'~g2E ~A~UA-~ Title: Vtc-'~ ~Q-cS~OE~"j
Address: ~•o. 3`l'0 ~o2QJ
(city/) ~ (island) / (zip code)
Phone NO.:(~~ 32a -loZ2S- Fax ND.: ~so~) 32q' ~z\44
Email Address: Q.~ (~J ~ ~ korJ0. • f\ 2lC
C. Identify the specific section of Chapter 11-62 which the variance is requested. If
additional space is required, please include information on a separate attachment and
label 'Attachment l'. (Chapter 11-62 may he viewed at www.hawaii.aovldoh! select Rules
& Regulatans, DOH Administrative Rules Title 1 t,HAR, Wastewater Branch, 62)
See Attachment I
11. SPECIFIC INFORMATION:
A. Describe in detail the present and/or proposed.equipment and/or discharge and the
present and/or proposed operating conditions of the facility in relation to the requested
variance (H additional space is required, include the information on a separate attachment
and label 'Attachment A-1').
See Attachment A-I
8. Descnbe how these present or proposed conditions fail to conform with the environmental
rules of the State (if additional space is required, include the information on a separate
attachment and label 'Attachment B-t').
See Attachment B-1
C. Describe in detail why the present or proposed equipment and/or operating conditions
cannot Ue altered to bring such faciGry into compl'~ance with the environmental rules of the
State within a reasonable amount of time (if additional space is required. please include
the information on a separate attachment and label 'Attachment C-1'}.
See Attachment C-I
D. As a separate attachment{"Attachment D-t, 0-2 and D-3"), supply supporting information
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-ti(c).
See Attachment D-I
(2) The granting of the variance will not substantially endanger human health or
safety.
See Attachment D-2
(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.
See Attachment D-3
ApplicaYon ror Variance,Ox vww February 2005 Page 2 013
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 (iT
additional space is required, please include the information on a separate attachment and
label ('Attachment E-1').
See Attachment E-1
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-t").
See Attachment F-1
III. CERTIFICATION: Enli.t~ ~'E`~,S ,.~.NC
(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 knowtetlge and belief.
Signature:
Date: ~
DO NOT WRITE BELOW -FOR AGENCY USE ONLY
IV. Date Application received: ~l~ .r2n'I~ ~n~I
V. Application No.: r ~ V nI 'Ln
VI. Docket No.: O ~ ~ V V t'
VII. Received by: ~ n ~ ~'C~ ~ I
VIII. Filing Fee ($300.00) check date: '"'~~~zJ~~v?~rJ~r'~ Check #
IX. Department of Health Receipt ' ~ v
X. Decision on Application (including date):
XI. Oate of Public Hearing:
appicatlon for Varianoe.doc vww February 2005 Page 3 013
Attachment I
• Section 11-62-03 Defmitions "Individual wastewater system means a facility which
is designed to receive and dispose of no more than 1000 gallons per day of domestic
wastewater"
• Section 11-62-31.1(D) "The total wastewater flow into one individual wastewater
system shall not exceed one thousand gallons and one individual wastewater system
shall not serve more than five bedrooms, whether they are in one dwelling unit or
two."
Attachment A-1
The Ainakea Senior Residences development will be constructed on a 3.034 acre parcel
of land identified by Tax Map Key (3) 5-3-O11:102, The pazcel is located on the western
side of Ainakea Drive in North Kohala, Hawaii Island. This proposed project includes 6
building of 5 one -bedroom dwelling units and a sepazate common building containing
laundry facilities (absent in the individual dwelling units), an administrative office,
restrooms and cooking facilities. It is proposed to provide separate Individual
Wastewater Systems (IWS) for each 5 dwelling unit structure and a sepazate system for
the common building for a total of 7 IWS. Wastewater flows from each one bedroom
dwelling unit is 200 gallons per day therefore each IWS serving the dwelling structures
will receive 1000 gallons per day. The wastewater volume for the comrnon building is an
aggregate of discharge from laundry activities, administrative office workers and use of
the cooking and bathroom facilities and is estimated at 1,200 gallons per day. Total
project wastewater flow volume is estimated at 7,200 gallons per day.
Septic tank and absorption bed sizes aze summazized in the following Table 1:
Se tic Tank Size Abso ion Bed Size
5 Dwellin Unit IWS 1,500 Gallons Each 18' x 46' (420 .ft.) Each
Common Buildin 1,500 Gallons Each 21' x 48' (420 s .ft) Each
Table 1
Attachment B-1
The proposed conditions fail to conform to the environmental rules of the State in the
following manners:
• The proposed common building system exceed 1000 gallons per day;
• The proposed dwelling unit systems serve more than than two dwellings.
Attachment C-1
The proposed equipment and operating conditions cannot be altered to bring the facility
into compliance with the environmental rules of the state within a reasonable amount of
time for the following reason:
• The proposed development is intended to provide affordable housing for very low
elderly residents of Hawaii Island. The project will utilize subsidies from all three
levels of government including:
1. Nominal land cost from the County of Hawaii;
2. Subsidized funding from the State through the Rental Housing Trust Fund, Low
Investment Partnerships Program and the Low Income Housing Tax Credit program;
3. Subsidized funding from the Federal government the HOME Investments Partnership
Program and the Low Income Housing Tax Credit program.
The additional cost of providing a sewage treatment plant for the facility would increase
the construction cost significantly and could exceed the funds available. Likewise,
constructing IWS systems segmented into 1000 gallon or two dwelling increments would
also increase the cost of the proposed wastewater system by a significant amount thus
having a similaz adverse impact on the availability of sufficient funds for project
construction.
Attachment D-I
The granting of this vaziance is in the public interest as defined in the Hawaii Revised
Statutes, section 342.D-6(c) in that it provides affordable housing for low income elderly
residents of Hawaii Island. The residents of this facility will come from income brackets
that would not allow them to otherwise construct and own homes of their own. The
proposed senior residence housing project will permit these residents to vastly improve
their existing housing situation which is likely to be sub-standazd due to overcrowding or
allocating a disproportionate shaze of their family's income towards housing.
Attachment D-2
The granting of this vaziance will not substantially endanger human health or safety. The
proposed wastewater systems will collect, treat and dispose of the domestic wastewater in
such a manner that no health or safety concerns are created. No known sources of
potable drinking water are within 1000 feet from the proposed septic tank systems and no
impacts to existing or future drinking water sources are anticipated. The proposed IWS
are located at sufficient elevation (approximately 460 feet above mean sea level) and
sufficient horizontal distance (approximately 1 mile) to minimize their potential to
contamination of shoreline waters.
Attachment D-3
Compliance with the rules or standazds from which the vaziance is sought would produce
serious hardship without equal or greater benefits to the public. The residents of the
proposed elderly housing project aze essentially economically depressed or financially
disadvantaged. Coupled with unprecedented increases in housing costs, many of the
residents of the proposed facility would not be able to afford housing without assistance
from other State or County agencies. Requiring compliance to the subject rules
addressed by this vaziance request will not provide much greater benefits to the
environment or the public than the proposed IWS systems would provide.
Attachment E-1
The time period requested for this wastewater variance is five yeazs. This time period is
necessary to allow for the construction and ongoing occupation and operation of the
proposed affordable elderly housing facility.
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Transmittal Date: Sus ense Date:
Wastewater Branch Variance A ,lication Docket No. -VWW- APP # WW r
Name/Title: ~ S
Sub'ect: Cover Letter, Public Notice and Variance A lication
ROUTE TO:
A licant:
A ent:
Director of Health -Chi ome Leinaala Fukino
De ut 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 Pro erties Onl
Wastewater Branch Staff Personnel
Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) •
[ j 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
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, Chiei Sanitarian
[ District Health Office -Kauai -Clyde Takekuma, Chief Sanitarian
District 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 byWWB ~ I p:1c templwwb - 2007 variance route slip - CL PN App.dw O5it0i2007