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Home My WebLink AboutCOM 0691.000 2006-2008 0 .Ink 0, 959 ~ h~i LINDA LINGLE rf i ~ l CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~ ' / ~IREGTOL ~IEALTH 1'h M~j ~..-w.... STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to-. HONOLULU, HAWAII 98801 EMD/WB r" -J ,-1 - -.WWf257 PN CL August 27, 2007 s? Mr. Stephen J. Herbert Stephen J. Herbert, P.E., Inc. 74-5606 Pawai Place Suite 203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: Subject: Variance Application No. WW 257 Docket No. 07-VWW-15 Request Continued Use of a Cesspool Serving an Existing 3-Bedroom Dwelling and Use of a New Septic Tank System Serving a 5-Bedroom Existing Dwelling on a Lot of 18,282 square feet 73-1186 Ahikawa Street, Kailua-Kona, Hawaii TMK: (3) 7-3-022: 016 The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules (HAR) for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, HAR, 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 eizabeth@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.com Comm. No.~=LL~- Ref. To: Ref. Date $E_ P_ 9 2~ [ ] 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." 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 consisting of a restaurant and a physical therapy office which are served by a cesspool. The estimated wastewater flow is 2, 000 gpd.) 7~IE 'f-oTpL ,42L~A dP THE S.+BJ~T 40T IS /B 282SF. 7?i~ LGT NAS T/Ne OtuCLL.IN4 u~+rTS OA/ /T CnnrSfSTi/.1G of ON L~ Q~~~1OOfr/t OWL~L_L /IJL Anima ~N L° SdL~ORmM auELL/NG. THE 7--tud OWF1(.,/NLS 6lLF SCI2l/CO ~Y A-GdntMOnl GL~SPOOL TNF F1ZeaNT OfuCG.C./NG w/C~ lL~M,W/J foNN cYT~Q F~ TE/C GCSSruoL. T7EC csvc~ .~l3c~Rmn~ owCCdJNG <..+etc. /w, STAC.L fl S~~C 7".4NK A~tiQ SE~Pi4G~ P/T, 8. 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. [li]p The area of the lot is l A, 28 2 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. [ ] If not in the choices, please specify. P:\wwbWpplication for LCC Variance March 2007.doc Updated March 26, 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. [y)' 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. [ ] 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: (t) 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 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. [ j 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. P.\wwb\Application 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. [ ] The propose] 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. [ ] 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. The residents of the o r-. r -ant G 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. [ ] 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 label "Attachment E-1 Check applicable amount of time requested. 5 years [ ] 4 years [ ] 3 years [ ] 2 years [ j 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:\wwbWpplica6on for LCC Variance March 2007.doc Uptlaled March 26, 2007 Page 5 of 6 r III. CERTIFICATION: ~ I, ~ I~L2G' ~ V z r L' rue- ~ /l x-~"~ , (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. Signatures - Date: ~f ^ 1 / ~l DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: ~ L V. Application No.: V `t ,2n'`~~/~~/ I VI. Docket No.: O~ff~~`~~V~~ V " • - VII. Received by: ~''^^~'"1 VIII. Filing tee ($300.00) check date: Q "oy/ ~ O Check # IX. Department of Health Receipt # y ~ X. Decision on Application (including date): XI. Date of Public Hearing: P:\wwb\Application for LCC Variance Mar 2007.tloc ~s of March 26, 2007 Page 6 of 6 Transmittal Date: ~ Sus ense Date: ~ Wastewater Branch Variance A lication Docket No. c -VWW-15 APP # WW Name/Title: QQ Y'Q. U Sub~ect: Cover Letter, Public tice and Variance A lication ROUTE TO: A ent: 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 Drinkin Water Branch - Stuart Yamada • • Sanitation Branch -Commercial Pro erties Onl Wastewater Branch Staff Personnel 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 [ 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 District Health Office -Hilo -Aaron Ueno, Chief Sanitarian Ci &Coun of onolulu, De artment of Plannin & Permittin Coun of Council Oahu Nei hbor ood 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 OSit Oi2007