HomeMy WebLinkAboutCOM 0431.000 2006-2008 4 a. Mt
LINDA LINGLE ' + CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII ~g~ Y DIRECTOR OF HEALTH
R
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BO% 3376 In reply, please refer to:
HONOLULU, HAWA1196601 EMD/WB
W W 259 Draft Dec CL
December 4, 2007
~jQ o
Mr. Stephen J. Herbert C" ~
Stephen J. Herbert PE Inc. Z ~ ro ~
74-5606 Pawai Place #203
Kailua-Kona, Hawaii 96740 ~i~ 3
~rrt fl"i
Dear Mr. Herbert: C'
~ ca
Subject: Variance Application No. WW 259 Docket No. 07-VWW-17~ CD
Continued Use of an Individual Wastewater System at the
Hale Kalani Apartments, 77-297 Kalani Way, Kailua-Kona, Hawaii
for Existing Five (5) Unit Building served by a Large Capacity Cesspool
TMK: (3) 7-7-015: 085
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. Marshall Lum, Acting 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 December 28, 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.E., CHIEF
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
Istria Health Office -Hilo
Hawaii County Council ~ I
Applicant - Mr. Paul C. Harts-,ugh, Owner Comm. No.
Ref. To:
Ref. Date _DEC 12 ZOOl
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-17
Variance Application No. W W 259 )
for Individual Wastewater System )
Requested Use of Single Individual ) DRAFT -SIGNATURE NOT REQUIRED
Wastewater System at )
Hale Kalani Apartments )
77-297 Kalani Way, Kailua-Kona )
TMK: (3) 7-7-015: 085 )
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 11-62-03 and 11-62-31.1(b)(1) 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 treatment IWS shall be
approved in writing before being placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool is used as a seepage pit and classified by Underground
Injection Control (UIC) program of the Safe Drinking Water Branch as an injection
well, the injection well shatl be properly permitted by the UIC program.
4. The septic tanks shall be enlarged to a minimum total volume of 3000 gallons to
accommodate the five (5) dwelling units connected to a single septic system.
5. The project shall connect to the County sewer service system should it become
available to the area.
6. 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,
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-VW W-17
Variance Application No. WW 259 )
for Individual Wastewater System )
Requested Use of Single Individual ) DRAFT -SIGNATURE NOT REQUIRED
Wastewater System at )
Hale Kalani Apartments )
77-297 Kalani Way, Kailua-Kona )
TMK: (3) 7-7-015: 085 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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, Chapter 62 of Title 11,
Section 11-62-03 and 11-62-31.1(b)(1). The application was reviewed by the Department of
Health staff. A public notice of the application was printed in the September 9, 2007 issue of the
Honolulu Star Bulletin and the September 27, 2007 issue of the West Hawaii Today publications.
Two (2) 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, engineer from
Kailua-Kona, Hawaii has applied for a five (5) year variance from the Hawaii Administrative Rules
(HAR), Section 11-62-03 Definitions which state "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 be an independent system and shall have all of its plumbing,
treatment (if any), and disposal components separate from any otherwastewater 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".
The applicant has stated the existing five (5) unit building (one (1) bedroom per unit) is
served by a large cesspool. Subchapter 3, Individual Wastewater Systems (IWS), does not include
Hale Kalani Apartments - Variance Application W W 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law. Page 1
any rule for IWS installments for multiple units other than section 11-62-31.1(b)(1) which refers to
"two dwelling units." The location of the apartment is 77-297 Kalani Way, Kailua-Kona, Hawaii TMK:
(3) 7-7-015: 085.
The applicant has made the following statements.
1. Section 11-62-03 Definitions "Cesspools" means an excavation in the ground
which receives untreated wastewater and is designed to retain the organic matter
and solids discharging therein, but permits the liquid to see through its bottom or
sides to gain access to the underground formation. Further, it is an individual
wastewater system which is designed to receive no more than 1000 gallons per
day of domestic wastewater.
Section 11-62-31.1(b)(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.
2. The existing five (5) unit building has one (1) bedroom per unit served by a large
cesspool. Subchapter 3, Individual Wastewater Systems does not include any
rule for IWS installations for multiple units other than section 11-62-31.1(b)(1)
which only refers to "Two Dwelling Units."
More than two (2) dwelling units are served by one (1) wastewater system.
3. 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.
4. 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.
5. 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.
6. 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.
7. This application for variance is requested for five (5) years.
Hale Kalani Apartments - Variance Application W W 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 2
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend granting this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The property 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. The public notice should explicitly mention the disposal component of the
septic tank;
C. 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 11-23 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;
D Because the proposed upgrade of the LCC to a septic system is being
driven by the Federal ban on large-capacity cesspools, we have no
objection to granting the variance.
E. 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. Each septic tank shall be fitted with an effluent filter(s).
Hale Kalani Apartments - Variance Application W W 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 3
C. The existing cesspools 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 treatment IWS shall be
approved in writing before being placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool is used as a seepage pit and classified by Underground
Injection Control (UIC) program of the Safe Drinking Water Branch as an injection
well, the injection well shall be properly permitted by the UIC program.
4. The septic tanks shall be enlarged to a minimum total volume of 3000 gallons to
accommodate the five (5) dwelling units connected to a single septic system.
Hale Kalani Apartments - Variance Application W W 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 4
5. The project shall connect to the County sewer service system should it become
available to the area.
6. 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,
Draft -Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Hale Kalani Apartments - Variance Application W W 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 5
Transmittal Date: s Suspense Date: ) ~g
Wastewater Branch Variance Application Docket No. ~ - VWW - APP # WW "'I
Name/Title: 1 [~Y7~P~/1
Sub'ect: Draft Decision Letter with Decision Order and Findin s of Fact & Conclusions of Law
ROUTE T0:
Applicant: ~ . 'LG ~ ~
Director of Health - hiyome Leinaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas E. Arizumi
Attorne General's Office, AG Mark Bennet, Deput Mark McConnel, De ut Bill Cooper
Clean Water Branch - AI ec Won
Environmental Plannin Office - Kel vin Sunada
Safe Drinkin Water Branch - Stuart Yamada
Sanitation Branch - Commer cial Properties Only
wastewater Branch Staff Personnel
Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) •
[ Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ ]Kauai -Lori Vetter
[ ]Maui -Roland Tejano
[ ]Oahu - Johnny On
Water Departments
[ ]Board of Water Supply -Clifford Lum •
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 Tschup
[ ]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 & County of Honolulu, Department of Plannin & Permittin
County of W Gill Council
Oahu Nei hborhpod 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:\c temp\wwb - 2007 variance route slip -Draft De c.doc 0 312 1 /2007