The URL can be used to link to this page

Home My WebLink AboutCOM 0692.000 2006-2008 ~ y O i H . gg 7 LINDA LINGLE ! t - 1 CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR GF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, please refer to: HONOLULU, HAWAII 96601 EMD/WB r.~ - _i W W 2~9;PN CL September 13, 2007 Mr. Stephen J. Herbert Stephen J. Herbert PE Inc. 74-5606 Pawai Place #203 Kailua-Kona, Hawaii 96740 -;r Dear Mr. Herbert: Subject: Variance Application No. WW 259 Docket No. 07-VWW-17 Use of a Single Individual Wastewater System at Hale Kalani Apartments, 77-297 Kalani Way, Kailua-Kona, Hawaii TMK: (3) 7-7-015: 085 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 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 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 West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.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 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. e Comm. No.~-`~_ Ref. To: R®f. Date ~3~- Mr. Stephen J. Herbert September 13, 2007 Page 2 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 W astewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, i~ ~j~73Z1~~~~f~,c l:u THOMAS E. ARIZUMI, ~;E, Ch1-1EF Environmental Management ivision Enclosures: Receipt No. 13881 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 Di~trio Health Office - hilo ~-lawaii County Council Applicant - Mr. Paul C. Hartsough, Owner - , WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 259 DOCKET NO. 07 - VW W - 17 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. Paul C. Hartsough of San Francisco, California, owner of Hale Kalani Apartments has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states an "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 bean 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(b)(1) which states "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." Mr. Stephen J. Herbert, engineer from Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant has stated the existing five (5) unit building has one (1) bedroom per unit is served by a single large cesspool. Subchapter 3, Individual Wastewater Svstems (IWS), does not include any rule for IWS installments for multiple units other than section 11-62-31.1(b)(1) which refers to "two dwelling units." The applicant has made the following comments. 1. More than two (2) dwelling units are served by one (1) 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 better wastewater 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. 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 ' State of Hawaii Wastewater Branch Department of Health Application No. WW Jf Environmental Management Division Docket No. (~~j - VWW - I -l APPLICATION FOR VARIANCE -Primarily Concerning Large Capacity Cesspools ~1" Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit two (2) lone original & one copy) and filing fee of 5300.00 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 Vz" x 11" format (for copying purposes. I. GENERAL INFORMATION (Please print or type: A. Name: ~I.4L_E tLa~..~r ~l~A2TM~n~TS P.nc~L. G ~.nrt75at)4~ pruNE~, (Corporation, company, agency, firm, etc. seeking variance) Mailing address: 2SF3 MoNTEJ2-~Y' iSL,VO. ss?n, Frrav.,ca s c ~ G~ 9 4 t S 1- 3 r 9d (City) (Island) IZip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool ILCCI. [ ] Non-Residential LCC [ ] Retail Business [ ) Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ] Restaurant /food establishment [ ] Others, please specify: [ Resid ntial LCC [ ~ Multiple dwelling [ 1 Community system [ ] Regional system [ ] Others, please specify: Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6 Provide location of existing cesspool(s): Tax Map Key No. 1 3 1 7 - 7 - Ol5 : O 0mj 1 =Oahu 2 =Maui 3 =Big Island 4 =Kauai 77- 2g'1 I~f.Lar~~ WAY (number) Istreet? (City) (Island) (Zipcode] B. Individual authorized to act for applicant: Name: s-ttnHa.~ J N~ Title: E1~1GlfJCrcEZ Address: Z4. 5606 Pa<wa1 P~1.cE ~ 20'3 iLsLwA- vcc~f„a ?.r:( RG74d ICity? Usland) (Zip code) Phone No.: 80~. 329 • X2'12 Fax No.: 6pA~ • 33l • Q'[49 Email Address: S~t P r ~ I` Y I ~ta)dll . Y'Y' . cn yYl C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [YJ Section 11-62-03 Definitions state %ndividual wastewater system means a facility which is designed to receive and dispose of no more than 1000 ga)/ons per day of domestic wastewater. /ndividua/ 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 individua/ wastewater system sha/l be an independent system and shall have al/ of its plumbing, treatment (if any), and dispose! components separate from any other wastewater system." [ ] Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be 10, 000 square feet of /and area for each individua/ wastewater system. " [ 1 Section 11-62-31.1(a)91)(C) "For residential deve%pments. Area of the lot shall not be /ess than 10,000 square feet except for lots created and recorded before the effective date of this ru/e. for /ots less than 10,000 square feet which were created and recorded before the effective date of this rule, only one individua! wastewater system shall be allowed. " ( ] Section 11-62-31.1(a)(2)(A) "Deve%pments involving buildings other than dwellings. Tice wastewater flow generated shall net exceed 1000 gallons per day per 10,000 square feet of usable land area which shat! not include the area under the buildings. " Application for LCC Variance.doc vww as of December 9, 2004 Page 2 of 8 [ ] Section 11-62-31.1(a/9211B1 "Developments involving buildings other than dwellings. The tote/ wastewater flow shall not exceed 15,000 gallons per day. ° [ ] Section 11-52-31.1 /al (21(C) `Deve%pments involving buildings other than dwellings. Area of the lot shall not be less than 10,000 square fleet except for lots created and recorded before the effective date of this ru/e. For lots less than 10,000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed." ft [ ] SeLTror.I / / - is 2 - 3/, l Cb) ~1~ THE oreg~C, nn,. Y .AC-wW a~ rr.~orvrota4L_ r,.,nSTECw~s2 sYSTt~vl oTHt9e 1~IAnl ,4 c~SSPooL fa BE uS~t] Pot Two OtuEwr.~l~ ur.,t TS wrttcK n~?eY oR ~tBY tioT ea L.oC~T~O tatrFttnJ THE' SAME RJtt..orNL P?oV/dEO. rf II, SPECIFIC INFORMATION: A. Describe in detail the existing and conditions of the facility in relation to the requested variance. (Example: Requested Variance is for HAR Section 1 f-62-3f.1 (al(21(Cl: 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.) T?/iE CK/S Tra+G ,J e~w,rT 6tOC /,tw3 / Bt~GYJ~v1 pe°J!_cJWtT SClQVQ~ BY t3 L~QGt3 cGSSPaOt. Su14cNAPTi'R~ Ir+orvr or-f1 t.. wA.67L~t4,FaT~ SYST 3 Oot°S NOT rn+ca..~t~E. ,an+Y RJC.C tit /4/5 rn.sracc_arrer.ts fb~ /~'~~t-TrP~E r/Nr]"S OTHCJG T!{qN SC'ZTit~> ~l ~r - L L - 3 / ~ r.,Ntr:N owe Lr ~ ~ Te TYt,G ocvt~utt~+4 vNt TY, 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. [ 1 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. [ 1 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. Application for LCC Variance.doc vww as of December 9, 2004 Page 3 of 6 [ ~ 1f not in the choices, please specify. M orz~ -i?tari rc.,o pwa=t.u ~ Jrvt S .4i¢~ 5~2uCY~ BY oNC w.45T'~Gu,~TL~L SYSTEI?J 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 Stat/e within a reasonable amount of time. Check all applicable reasons. [ ?T The existing large capacity cesspoolls) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. [ 1 The current Slate requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost. [ 1 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-t, D-2 & D-3) to clearly show that: 11) The granting of the variance is in the public interest as defined in the Hawaii Revised Stat/utes, Section 342.D-61c). [ ?1 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. [ ) 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. Application for LCC Variance.doc vww as of December 9, 2004 Page 4 of 6 [ 1 121 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 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. I ] tf not in the choices, please specify. 13) 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 are essentially economically depressed. [ r)' 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 lif additional space is required, please include the information on a separate attachment and label/"Attachment E-1 "1. Check applicable amount of time requested. [ YI 5 years [ ] 4 years [ 1 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 "1. Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6 • Itl. CERTIFICATION: I. Past- ~ ~.lazrso vGrr o r.,,vER (print Hamel ~ (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 knowled d belief. Signatu / Date: 3~ 2/ O ~ -7 DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: ~~(1 n r~ ~G~G~a V. Application No.: V " V y ! VI. Docket No.: ~A` - V ~'N ~'N ~ VIY. Received by: ~t~1 ytV~ f VIII. Filing fee (5300.00) check date: ~l ICJ' (/.}C~~LJ~+ Check # V~ IX. Department of Health Receipt # ' ~ C/ ~ I X. Decision on Application (including datel: XI. Date of Public Hearing: Application for LCC Variance.doc vww as of December 9, 2004 Page 6 of 6 e Transmittal Date: . Sus ense Date: t Wastewater Branch Variance A lication Docket No. 0 -VWW- APP # WW Name/Title: CIVI Sub'ect: Cover Letter, Public Notice nd Variance A lication ROUTE TO: A licant: A ent: ~ Director of Health -Chi me Leinaala Fukino De u Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorne General's Office, AG Mark Bennef, 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 Pra ernes Onl Wastewater Branch Staff Personnel Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) ~l-iilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ j Kauai - Lori Vetter [ j Maui -Roland Tejano Oahu - Johnn On Water Departments ] Board of Water Supply -Clifford Lum .,?County of Hawaii Dept of Water Supply -Milton Pavao [ ] ounty 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 & Cou of Honolulu, De artment of Plannin & Permittin Coun of Council Oahu Nei orhood 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 W B ~ / p:\c temp\wwb - 2007 variance route slip - CL PN App.doc 05/10/2007