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Home My WebLink AboutCOM 0716.000 2006-2008 r x~ LINDA LINGLE ~ ~ 2~ v ~ y ~ CHIVOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII . _~j'> pIRECT01~ C -HEALTH Il.rv i. 1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3376 In reply, please refer to: ' HONOLULU, HAWAII 96801 EMD/WB W W 252 FINAL DEC CL September 17, 2007 CERTIFIED MAIL 7005 1160 0001 8381 4601 RETURN RECEIPT REQUESTED Mr. Stephen J. Herbert 74-5606 Pawai Place #203 Kailua-Kona, Hawaii 96740 Dear Mr. Herbert: Subject: Variance Application No. WW 252 Docket No. 07-VWW-10 Proposed Large Capacity Cesspool Conversion of Existing Cesspool to a Seepage Pit - Installing a 1500 gallon Septic Tank Upstream from the Cesspool for Seaview Terrace Apartments in Kailua-Kona 77-298 Noelani Way, Kailua-Kona, Hawaii TMK: (3) 7-7-015: 083 Please find enclosed the Department of Health's Decision and Order regarding the subject variance request which was GRANTED on September 10, 2007 for five (5) years. Also enclosed 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. ARIZUfbtf,_B:~CHIEF Environmental Management Division Enclosures: Final Decision and Order _ Findings of Fact and Conclusions of Law - c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Kona Staff Engineer I Department of Water Supply -County of Hawaii District Health Office -Hilo aui Kauai ~waii County Council Comm. No. Applicant - Mr. Paul C. Hartsough Ref. To: Ref. Date OCT 0 d 7RIt? 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 ) 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 the 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. The septic tank shall be fitted with an effluent filter. 3. The septic tank shall be enlarged to accommodate more than two (2) dwelling units connected to a single septic system. 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, September 10.2007 THOMAS E. ARIZUMI, P,.E,,,_ IEF Environmental Management Division 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 ) 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 a five (5) 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 known as the Seaview Terrace Apartments, is located at 77-298 Noelani Way, Kailua-Kona, Hawaii, and is 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 Contusions 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 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. 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 Conclusions of Law, Page 2 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 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. The septic tank shall be fitted with an effluent filter(s) to help in reducing solids in the effluent. C. The seepage pit shall be properly permitted by the Underground Injection Control (UIC) Program of the Department's Safe Drinking Water Branch. Operating 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; 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. Seaview Terrace Apartments -Variance Application W W 252, Docket No. 07-VW W-10 Findings of Fact and Conclusions of Law, Page 3 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. 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 the 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. The septic tank shall be fitted with an effluent filter. 3. The septic tank shall be enlarged to accommodate more than two (2) dwelling units connected to a single septic system. 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. Please contact the W astewater Branch's Planning & Design Section at (808) 586-4294 far technical information regarding treatment individual wastewater systems. DATED: Honolulu, Hawaii, September 10. 2007 - ; ! ~ , THOMAS E. RIZUMI, P.E., HIEF 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 Transmittal Date: , ti Wastewater Branch Variance Ap lication Docket No. - VWW - APP # WW Name/Title: Se l/I {~'t'ii=- ~(~~''~-'r'~,~' Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law ROUTE TO: Applicant: ~ A ent: S Director of Health - C hiyome 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 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 Onl Wastewater Branch Staff Personnel [ ~C] Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91 [ ]Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 4) ( 1 Kauai -Lori Vetter [ ]Maui -Roland Tejano ( 1 Oahu - Johnn y On Water Departments [ ]Board of Water Supply -Clifford Lum ( 1 County of Hawaii Dept of Water Supply -Milton Pavao [ ~ County of Maui Dept of Water Supply -George Y. Tengan [ ]Kauai County 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 , City & 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 (8081 586-4300 p:\c temp\wwb - 2007 variance route slip - final decis~on.doc as of 03/2112007