HomeMy WebLinkAboutCOM 0160.000 2006-2008 ~g `e\95 •~t
LINDA LINGLE i,_ CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII f tf~. ~ oIHECTOF C.'.lEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD / We
W W 254 FINAL DEC CL
November 16, 2007
CERTIFIED MAIL 7005 1160 0001 8381 4311
RETURN RECEIPT REQUESTED
~ Z
Mr. Theodore Baldau, Vice President ro~~f"t
RT Engineers, Inc. -a C'"
P.O. Box 390628
Kailua-Kona, Hawaii 96739 % 3
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Dear Mr. Baldau: y i~
rn
Subject: Variance Application No. WW 254 Docket No. 07-VWW-12
Hawaii Island Community Development Corporation - Kumakua
Affordable Housing Project Phase 1 -Lots Less than 10,000 Square Feet
Akoni Pule Highway, Kapaau, Hawaii TMK: (3) 5-5-008: 046
Please find enclosed the Department of Health's Decision and Order regarding the
above mentioned application for variance request which was GRANTED on
November 8, 2007 for five (5) years. We are enclosing 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. ARIZUMI;j .E., 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 ~ O
Wastewater Branch -Kona Staff Engineer Comm. No.
Department of Water Supply -County of Hawaii Ref. TO:
District Health Offce -Hilo Ref. Date NOV . 6 7 (1(L7 .
y~iawaii County Council
Applicant -Hawaii Island Community Development Corporation
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07VW W-12
Variance Application No. WW 254 )
for Individual Wastewater System )
Hawaii Island Community Development )
Corporation - Kumakua Affordable )
Housing Project Phase 1 -Lots Less )
Than 10,000 Square Feet )
Akoni Pule Highway, Kapaau, Hawaii )
TMK: (3) 5-5-008: 046 )
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(A), 11-62-31.1(C) and 11-62-3 is
hereby GRANTED for five (5) years with the following provisions:
1. Plans for each IWS must be submitted to the Wastewater Branch for review and
approval at the time of building permit application, In addition, the IWS must be
approved in writing by the Department before it can be used.
2. The type of wastewater system to be used shall be at the minimum a septic
system with a shallow soil absorption disposal system unless site conditions
prevent it use.
3. The development shall connect to the County sewer service system should it
become available to the area.
4. 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, November 8. 2007
-'"7
G'
- l'K r
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07VW W-12
Variance Application No. WW 254 )
for Individual Wastewater System )
)
Hawaii Island Community Development )
Corporation -Kumakua Affordable )
Housing Project Phase 1 -Lots Less )
Than 10,000 Square Feet )
Akoni Pule Highway, Kapaau, Hawaii )
TMK: (3) 5-5-008: 046 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Hawaii Island Community Development Corporation of Hilo,
Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11,
Sections 11-62-31.1(A), 11-62-31.1(C) and 11-62-32 was reviewed by the Department of Health
staff. A public notice of the application was printed in the July 26, 2007 issue of the Honolulu
Star Bulletin and the July 26, 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. Theodore Baldau, Vice President of
RT Engineers, Inc. of Kailua-Kona, Hawaii has applied for alive-year variance from the Hawaii
Administrative Rules (HAR), section 11-62-31.1(A) which states "There shall be 10,000 square
fee of land area for each individual wastewater system.", section 11-62-31.1(C) which states
"Area of the lot shall not be less than 10,000 square feet except for lots created and recorded
before August 20, 1991", and section 11-62-32 which states "No individual wastewater system
shall be located at any point having less than the minimum distances indicated in Table II
attached to this chapter in appendix F, entitles Tables, dated April 15, 1997 and located at the
end of this chapter unless otherwise approved by the director."
The applicant states that the Phase I development of the Kumakua Affordable Housing
Project, will be constructed on an approximate 5.68 acre portion of a parcel of land currently
identified by Tax Map Key (3) 5-5-008: 046. The parcel is located on the northern side of Akoni
Pule Highway in the Kapaau area of the North Kohala district on the island of Hawaii. This
proposed project will include 24 residential parcels suitable for single family self help dwelling
units. Of these 24 parcels, 21 are proposed to be less than 10,000 square feet in size and will
vary from 7,500 square feet to 9,491 square feet in size. All dwellings are proposed to be
serviced by individual wastewater systems meeting all other requirements of Chapter 11-62
Kumakua Affordable Housing Project -Phase 7 -Variance Application W W 254, Docket No. 07-VW W-12
Findings of Fact and Conclusions of Law, Page 1
except for the minimum horizontal distances between wastewater systems and the property lines
specified in Table 2 of Appendix F.
The applicant has made the following statements.
1. The proposed conditions fail to conform to the environmental rules of the
State in the fallowing manners:
A. 21 out of the 24 proposed residential lots will be less than 10,000 square
feet in size.
B. Minimum horizontal distances from property lines may vary from those
values indicated in Table II, Appendix F of Chapter 11-62.
2. 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:
A. The proposed development is intended to provide affordable housing for
residents of Hawaii Island. The construction of the development is
subsidized by the United States Department of Agriculture (USDA) Rural
Development Program. The additional cost of providing a sewage
treatment plant for the proposed subdivision would increase the
construction cost significantly and could exceed the funds available from
USDA for the project. Likewise, requiring 10,000 square foot minimum
lots would decrease the number of affordable housing units. Current
waiting lists for affordable self help housing in West Hawaii exceeds 250
families and meetings held in North Kohala in November 2005 regarding
the project was attended by over 300 people interested in obtaining further
information.
3. The granting of this variance is in the public interest as defined in the Hawaii
Revised Statutes, section 342.D-5(c) in that it provides affordable housing for low
income residents of Hawaii Island. The residents of this subdivision will come
from income brackets that would not allow them to otherwise construct and own
homes of their own. The proposed self help housing project will permit these
residents to vastly improve their existing housing situation which is likely to be
sub-standard due to overcrowding or allocating a disproportionate share of their
income towards housing.
4. 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 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 individual wastewater systems are
located at sufficient elevation (approximately 500 feet above mean sea level) and
sufficient horizontal distance (approximately 1.7 miles) to minimize their potential
to contamination of shoreline waters.
Kumakua Affordable Housing Project- Phase 1 -Variance Application W W 254, Docket No. 07-VwW -12
Findings of Fact and Conclusions of Law, Page 2
5. 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 proposed affordable housing project are essentially economically
depressed or financially disadvantaged. Couple 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 of County agencies.
Requiring compliance to the subject rules addressed by this variance request will
not provide much greater benefits to the environment or the public than the
proposed variance request to these rules would provide.
6. The time period for this wastewater variance if five (5) years. This time period is
necessary to allow for the construction and occupation of the proposed affordable
housing project.
Plot maps were 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) 586-4300 to obtain a facsimile.
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Has no objection to the granting of this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The proposed development is located above the Underground Injection
Control (UIC) line. Areas above the UIC line are considered to overlie
underground sources of drinking water;
B. State well No. 7449-02, Hawi Well, operated by the County of Hawaii
Department of Water Supply for municipal use is located near the
proposed development. The actual distance of the proposed
development to the well site should be determined to facilitate appropriate
regulatory decisions;
C. We do not recommend the granting of this variance as proposed. We
would have fewer objections to this variance if the majority of the
proposed lot sizes were minimally 10,000 square feet.
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:
Kumakua Affordable Housing Project -Phase 1 -Variance Application W W 254, Docket No. 07-VW W-12
Findings of Fact and Conclusions of Law, Page 3
A. The subdivision consists of 50 lotsfdwelling units or more. The use of
individual wastewater systems (IWSs) is not allowed under the provisions
of Hawaii Administrative Rules, Chapterll-62.
B. The property is located in the non-critical wastewater disposal area
(CWDA) as determined by the Hawaii County Wastewater Advisory
Committee. Construction of new cesspools are allowed in such areas.
C. 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.
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 W astewater Branch at (808)
586-4294 if you have any questions.
4. The County of Hawaii's Department of Water states that most of the proposed
lots fall within 1000 feet of their Hawi Well. As the project is down gradient of the
well, the Water Department feels that properly constructed septic systems should
not have an adverse impact on water quality,
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:
Kumakua Affordable Housing Project -Phase 1 -Variance Application W W 254, Docket No. 07-WV W -12
Findings of Fact and Conclusions of Law, Page 4
1. Plans for each IWS must be submitted to the Wastewater Branch for review and
approval at the time of building permit application. In addition, the IWS must be
approved in writing before it may be used.
2. The type of wastewater system to be used shall be at the minimum a septic
system with shallow soil absorption systems.
3. The development shall connect to the County sewer service system should it
become available to the area.
4. 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 Wastewater Branch's Planning & Design Section at
(808) 586-4294 for technical information regarding treatment individual
wastewater systems.
DATED: Honolulu, Hawaii, November 8. 2007
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kumakua Affordable Housing Project -Phase 1 -Variance Application W W 254, Docket No. 07-VW W-12
Findings of Fact and Conclusions of Law, Page 5
_ Transmiaal Date: , v7. ,
Wastewater Branch Variance A lication Docket No. - VWW - APP # WW
Name/Title: _
Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
A licant: COYY11'Y11.(I'1I GD
A ent: 0 u
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 ciai Properties Only
Wastewater Branch Staff Personnel
[~j Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91
I 1 Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 41
[ ]Kauai -Lori Vetter
[ ]Maui -Roland Tejano
[ 1 Oahu - Johnn y On
Water Departments
( I Board of Water Supply -Clifford Lum ,
[x] County of Hawaii Dept of Water Supply -Milton Pavao
[ ]County of Maui Dept of Water Supply -George Y. Tengan
[ ]Kauai County De artment of Water - Ed ward Tschupp
[ ]District Health Office -Maui -Herb ert Matsubayashi, Chief Sanitarian
( 1 District Health Office -Kauai - Clyde T akekuma, Chief Sanitarian
[ 1 District Health Office -Hilo -Aaron Ueno ,Chief Sanitarian '
City & Count of Honolulu, Department of Plannin & Permittin
County of WGt l 1 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 assistance 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 (808) 586-4300
p:lc templwwb - 2007 variance route slip - final decision.doc as of 03/21 /2007