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Home My WebLink AboutCOM 0788.000 2006-2008 LINDA LINGLE CHIYOME LEINAALA FUKINO, M.O. GOVERNOR OF HAWAII DOECTOR L= HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply. please refer to HONOLULU, HAWAII 96801 EMD / WB WW 257 Draft Dec CL October 24, 2007 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 Continued Use of a Cesspool Serving an Existing 3-Bedroom Dwelling and Use of a New Septic Tank System Serving an Existing 5-Bedroom Dwelling on a Lot of 18,282 square feet 73-1186 Ahikawa Street, Kailua-Kona, Hawaii TMK: (3) 7-3-022: 016 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 number 974-4000 ext. 64294, fax (808) 586-4300 no later than the close of business on Friday, November 15, 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, THOMAS E. ARIZUMI, P.,f 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 Staff Engineer Department of Water Supply - County of Hawaii District Health Office - Hilo ,/Hawaii County Council Applicant - Dale & Tracy Leverone r/ Comm. No._ 7 b Ref. To- Ref. Dote STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-15 Variance Application No. WW 257 ) for Individual Wastewater System ) Request Continued Use of a Cesspool ) DRAFT - SIGNATURE NOT REQUIRED Serving an Existing 3-Bedroom ) Dwelling and Use of a New Septic ) Tank System serving an Existing ) 5 - bedroom dwelling ) 73-1186 Ahikawa Street, Kailua-Kona ) TMK: (3) 7-3-022: 016 ) DECISION & 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(a)(1)(A) 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 new IWS shall be approved in writing before being place into service. 2. The septic tank shall be fitted with an effluent filter. 3. The proposed septic system for the 5-bedroom dwelling unit and the utilization of the existing cesspool for the three (3) bedroom dwelling unit will be considered collectively as one (1) individual wastewater system (IWS) by the State of Hawaii Department of Health, and the combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwelling units cannot exceed the existing eight (8) bedrooms. 4. No building modifications, alterations or additions will be allowed that will increase wastewater flows. The owners shall execute and file a covenant on the property stating that no increase in total number of bedrooms or bedroom-like rooms is allowed without the written consent of the Department of health. 5. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of conveyance. A copy of the covenant shall be provided to the Department of Health. 6. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent any spill. 7. The development shall connect to the County sewer service system should it become available to the area. 8. There is no automatic renewal. Should the 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 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VWW-15 Variance Application No. WW 257 ) for Individual Wastewater System ) Request Continued Use of a Cesspool ) DRAFT - SIGNATURE NOT REQUIRED Serving an Existing 3-Bedroom ) Dwelling and Use of a New Septic ) Tank System serving an Existing ) 5 - Bedroom Dwelling ) 73-1186 Ahikawa Street, Kailua-Kona ) TMK: (3) 7-3-022: 016 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Dale & Tracy Leverone of Kailua-Kona, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(A) was reviewed by the Department of Health staff. A public notice of the application was printed in the August 31, 2007 issue of the Honolulu Star Bulletin and the September 8, 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 of Stephen J. Herbert, P.E., Inc. has applied for a five (5) year variance from the Hawaii Administrative Rules (HAR), Section 11 -62-31.1 (a)(1)(A) which states "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." The applicant has stated that the total are of the subject lot is 18,282 square feet. The lot has two (2) dwelling units on it consisting of one-three (3) bedroom dwelling and one-five (5) bedroom dwelling. The two dwellings are served by a common cesspool. The front dwelling (3-bedroom) will remain connected to the cesspool. The back dwelling (5-bedroom) will install a septic tank and seepage pit. The property is located at 73-1186 Ahikawa Street, Kailua-Kona, Hawaii, and identified as TMK: (3) 7-3-022: 016. The applicant has made the following statements. 1. The area of the lot is18,282 square feet. This is insufficient to meet the minimum land area requirements for individual wastewater system (IWS) utilization which is one IWS per 10,000 square feet of lot area. Dale & Tracy Leverone - Variance Application WW 257, Docket No. 07-VWW-15 Findings of Fact and Conclusions of Law, Page 1 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 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. 4. The residents of the dwelling are essentially economically depressed. 5. The variance is requested for the maximum of five (5) years. The following agencies submitted the following comments: 1. The Clean Water Branch submitted the following comment: Recommend to grant this variance application. 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 "mauka" or above the Underground Injection Control (UIC) line. Therefore, the property overlies or recharges a potential underground source of drinking water. Hawaii Administrative Rules (HAR) Title 11. Chapter 23. Underground Iniection Control, prohibits new sewage iniection wells above the UIC line: B. A seepage pit is an injection well when it receives more than 1,000 gallons per day (gpd) of domestic wastewater (sewage); and C. We have no objection to this variance application; however, we favor the installation of another septic tank for the 3-bedroom dwelling for fostering groundwater protection. 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 one (1) large treatment individual wastewater system (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. Dale & Tracy Leverone -Variance Application WW 257, Docket No. 07-VW W-15 Findings of Fact and Conclusions of Law, Page 2 B. The septic tank shall be fitted with effluent filter(s). C. The existing cesspool shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. D. 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. 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 each IWS shall be submitted to the Wastewater Branch for review and approval before any construction begins. In addition, the IWS shall be approved in writing before being place into service. 2. The septic tank shall be fitted with an effluent filter. Dale & Tracy Leverone -Variance Application WW 257, Docket No. 07-VW W-15 Findings of Fact and Conclusions of Law, Page 3 3. The proposed septic system for the 5-bedroom dwelling unit and the utilization of the existing cesspool for the three (3) bedroom dwelling unit will be considered collectively as one (1) individual wastewater system (IWS) by the State of Hawaii Department of Health, and the combined number of bedrooms or bedroom-like rooms (as determined by the Department of Health) in the two (2) dwelling units shall not exceed the existing eight (8) bedrooms. 4. No building modifications, alterations or additions will be allowed that will increase wastewater flows. The owners shall execute and file a covenant on the property stating that no increase in total number of bedrooms or bedroom-like rooms is allowed without the written consent of the Department of health. 5. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of conveyance. A copy of the covenant shall be provided to the Department of Health. 6. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent any spill. 7. The development shall connect to the County sewer service system should it become available to the area. 8. There is no automatic renewal. Should the 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 Dale & Tracy Leverone - Variance Application W W 257, Docket No. 07-VW W-15 Findings of Fact and Conclusions of Law, Page 4 Transmittal Date: UUT Suspense Date: Wastewater Branch Variance Application Docket No. VWW APP # WW Name/Title: 1 M V Subject: Draft Decision Letter with cision & Order and Findings of Fact & Conclusions of Law ROUTE TO: Applicant: vC Agent: Director of Health 2C hi 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, Deputy Bill Cooper Clean Water Branch - Al ec Won Environmental Planning Office - Kel vin Sunada Safe Drinking Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ ~l ] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4) ( ] Kauai - Lori Vetter [ I Maui - Roland Tejano [ ] Oahu - Johnny On Water Departments ( ] 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 Tschupp [ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian ( ] District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian [ ] District Health Office - Hilo - Aaron Ueno , Chief Sanitarian City & Count of Hono lu, Department of Planning & Permitting County of Council Oahu Neighborhood 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:1c temp\wwb - 2007 variance route slip - Draft De c.doc 0312112007