HomeMy WebLinkAboutCOM 0871.000 2006-2008
LINDA LINGLE ri. CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII At?? DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD / WB
19(10/ 267 PN CL
November 29, 2007
On °
Mr. Peter Dahlberg, P.E. ?0 C-~,
Peter J. K. Dahlberg, P.E., LLC cV r`+
77-6238 C Mamalahoa Highway
Holualoa, Hawaii 96725
Dear Mr. Dahlberg: oo
-J
Subject: Variance Application No. WW 267 Docket No. 07-VWW-25 _
William Cory Foulk - Multiple Dwelling, Existing 8 Bedroom Dwelling
at 75-156 Lunapule Road, Kailua-Kona, Hawaii
TMK: (3) 7-5-018: 046 11,376 square feet
The Department has reviewed your application for a variance from Chapter 11-62, Hawaii
Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and
Chapter 11-62, Section 11-62-41, 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 Lisa at phone (808) 529-4344 or Rose
(808 529-4825 fax (808) 529-4829, email lisa@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 emailllogan@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.
Comm. No.__&47
Ref. To:
Ref. Dote nrr 1-
Mr. Peter Dahlberg
November 29, 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 Wastewater Branch at our
direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
THOMAS E. AKIIZUMI, P.E.
Chief, Environmental Management Division
Enclosures: Receipt No. 13890
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
District Health Office - Hilo
J.Nawaii County Council
Applicant - Mr. William Cory Foulk
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 267
DOCKET NO. 07 - VWW - 25
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. William Cory Foulk of Kailua-Kona, Hawaii has applied for a five (5) year variance from
Hawaii Administrative Rules (HAR) Section 11-62-03 Definitions which states "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 other wastewater system." and from Section 11-62-31.1(a)(1)(D)
which states "The total wastewater flow into each individual wastewater system shall not exceed
1,000 gallons per day."
Mr. Peter Dahlberg, P.E., of Peter J.K. Dahlberg, P.E, LLC, of Hawaii is the individual
authorized to act for the applicant. The applicant has requested the variance from HAIR Section
11-62-31.1(a)(1)(D), as the design flow into the proposed individual wastewater system (IWS)
exceeds 1000 gpd. The new wastewater system will serve a multiple dwelling consisting of a
total of eight (8) bedrooms (4 upper and 4 lower). Estimated design flow is 1600 gpd. The
proposed treatment unit is a 2000 gallon septic tank, with a new seepage pit for effluent disposal.
The existing cesspool is to be abandoned as part of the construction of the new wastewater
system. The location of the multiple dwelling is 75-156 Lunapule Road, Kailua-Kona, Hawaii and
further identified as TMK: (3) 7-5-018: 046. The property is 11,376 square feet in size.
The applicant has made the following comments.
1. The area of the lot is 11,376 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.
2. The large capacity septic system proposed to serve the facility would not comply
with HAIR 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 1600
gallons per day.
3. A new 2000 gallon septic tank with effluent filter and a new seepage pit is
proposed. The existing cesspool is to be abandoned in place. Feasible location
to accommodate existing waste lines would place system (tank and seepage pit)
in side setback (neighboring property makai).
4. 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.
5. The current State requirement of a wastewater treatment plant would significantly
add to the construction cost as well as require a much greater outgoing
maintenance cost.
6. A new 2000 gallon septic tank with effluent filter is proposed with new seepage pit
has been recommended as the most feasible solution, given the small property
size, and location of existing structure and property lines.
7. 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.
8. 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.
9. 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.
10. 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.
11. The variance is requested for the maximum of five (5) years.
A plot map was submitted with the variance application, but cannot be shown in this
notice. If you would like to review the complete application, please call, fax or write to the
Wastewater Branch at 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920,
telephone (808) 586-4294, or fax (808) 586-4300. 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, after a separate related documents, written comments and the public
hearing, if any.
Chiyome Leinaaia Fukino, "A.D.
Director of Health
State of Hawaii Wastewater Branch
Department of Health Application No. WW 120-7
Environmental Management Division Docket No._a - VWW - 25
APPLICATION FOR VARIANCE - Primarily Concerning Large Capacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004
Submit ONE (1) original with filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
(808) 586-4294
Attachments are allowed, but preferred in 8'/2" x 11" format (for copying purposes).
I. GENERAL INFORMATION (please print or type)
A. Name: WILLIAM CORY FOULK
B.
(Corporation, company, agency, firm, etc. seeking variance)
Contact Person:
WILLIAM CORY FOULK
Mailing address:
75-588 Alii Drive #133
Kailua-Kona HI 96740
(city) (island) (zip code)
Nature of Business. Check applicable category. (EPA makes the
final determination of a Large Capacity Cesspool - LCC)
r Non-Residential LCC
I- Retail Business
I- Visitor Center
7 Church
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
F- School
r Golf course clubhouse / restroom
r' Restaurant / Food Establishment
F- Others, (please specify):
r Residential LCC
F%_0 Multiple dwelling
F- Community system
r Regional system
F Others (please specify):
Provide location of existing cesspool(s):
Tax Map Key 3 - 7 - 5 18 46
1 = Oahu 2 = _Maui 3 = Big Island 4 = Kauai
75 - 156 Lunapule Rd
(number) (street)
Kailua-Kona HI 96740
(city) (island) (zip code)
C. Individual authorized to act for applicant:
Name: Peter J.K. Dahlberg Title: Civil Engineer
Company: Peter J.K. Dahlberg, PE, LLC
Address: 77-6238 C Mamalahoa Hwy
(street)
Holualoa HI 96725
(city) (island) (zip code)
Phone No.: (808)895-6173 Fax No.: (808) 324-1212
E-mail Address pdahlbergCg~hawaii.rr.com
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
D. Identify the specific section(s) of Chapter 11-62 which the variance
is requested. Check all applicable sections.
r
Section 11-62-03 Definitions 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 systems 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 other wastewater system"
F- Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall
be 10, 000 square feet of land area for each individual wastewater
system. "
r Section 11-62-31.1 (a) (1) (C) "For residential developments. Area of the
lot shall not be less than 10, 000 square feet except for lots created and
recorded before the effective date of this rule. 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."
r Section 11-62-31.1(a) (2) (A) "Developments involving buildings other
than dwellings. There shall be 10, 000 square feet of usable land area for
each individual wastewater system. Usable land area shall not include
the area under buildings."
r Section 11-62-31.1 (a) (2) (B) "Developments involving buildings other
than dwellings. The total wastewater flow shall not exceed 15,000
gallons per day."
r Section 11-62-31.1 (a) (2) (C) "Developments involving buildings other
than dwellings. Area of the lot shall not be less than 10, 000 square feet
except for lots created and recorded before August 30, 1991. For lots
less than 10, 000 square feet which were created and recorded before
the August 30, 1991, only one individual wastewater system shall be
allowed."
OTHER.:
Section 11-62-31.1 (a) (2) (D) The total wastewater flow into each
individual wastewater system shall not exceed 1, 000 gallons per day"
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
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 11-62-31.1 (a) (2) (C): The total area
of the subject lot is 8,500 ft2. 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.)
DETAILED DESCRIPTION
Requested variance is for HAR Section 11-62-31.1 (a) 1 (D). Flow into proposed IWS
exceeds 5 BDR/1000 gpd. 8 BDR exist in 1 building (4 upper, 4 lower).
Estimated Design Flow is 1600 gpd. Proposed treatment unit is 2000 GAL Septic Tank.*
Existing Cesspool to be abandoned. New Seepage Pit for effluent disposal.
Septic Tank and Seepage Pit location will not conform with HAR setback requirements.**
*Variance requested for HAR Section 11-62-31.1 (a) 1-D, (a)2-D
**HAR section 11-62-32 (proposed SITE PLAN available upon request)
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
r The area of the lot is 11,376 square feet. This is
insufficient to meet the minimum land area requirements for
IWS utilization, which is one IWS per 10,000 ft2 of lot area
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 1600 gallons per day.
r If not in the choices, please specify:
A new 2000 gal septic tank (w effluent filter) & new seepage pit construction is proposed.
(Existing cesspool to be abandonded in place)
Feasible location to accomodate existing waste lines would place system (tank
and seepage pit) in side setback (neigboring property makai).
(Site Plan available upon request)
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
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 State within a
reasonable amount of time. Check all applicable reasons.
FW 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.
r The current State requirement of a wastewater treatment
plant would significantly add to the construction cost, as well
as require a much greater on-going maintenance cost.
r The facility has been in operation for NA 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.
W If not in the choices, please specify:
A new 2000 gal septic tank (w effluent filter) is proposed with new seepage pit
has been recommended as the most feasible solution, given the small property size,
and location of existing structure and property lines.
D. Check applicable reasons listed below and/or supply supporting
information (Attachments D-1, D-2 & D-3) to clearly show that:
(1) The granting of the variance is in the public interest as defined
in the Hawaii Revised Statutes, Section 342.D-6(c).
Wo 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
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
compared to the existing LCC. Therefore minimizes impact to
the environment.
r Prevent loss of jobs. The LCC serving my facility has been in
operation for No, years. The current State requirements
of a wastewater treatment plant would significantly add to the
construction cost, as well as require a much greater on-going
maintenance cost. I (owner) may be forced to close my existing
business and lay off my employees.
F_
If not in the choices, please specify:
(2) The granting of the variance will not substantially endanger
human health or safety.
Wo The existing LCC will be upgraded to an IWS (septic system).
The IWS (septic system) will provide a better treatment system
prior to effluent disposal. The IWS will be designed and
constructed to meet the DOH standards. The impact to the
environment will be minimized compared to the current
wastewater disposal.
F%0_ 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
pre-treatment and sludge removal prior to effluent disposal.
I- If not in the choices, please specify:
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
(3) Compliance with the rules or standards from which the
variance is sought would produce serious hardship without
equal or greater benefits to the public.
r The residents of the NA are essentially
economically depressed.
r The owner of the facility simply cannot afford to build and
operate wastewater systems meeting all the requirements of
HAIR Chapter 11-62 such as small aerobic wastewater
treatment plants.
I- The existing location of the facility is severely restrictive. There
is simply no space to construct a wastewater treatment plant.
r If not in the choices, please specify:
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 (if additional space is
required, please include the information on a separate attachment
and label ("Attachment E-1"). Check applicable amount of time
requested.
Fr 5 years F 4 years r 3 years
r 2 years F I 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").
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
III. CERTIFICATION:
I, W (L-i_i t C' ~Oc1 L LC (yt t
(print name) (print title)
certify that I have knowledge of the facts herein set forth and that the
same are true a rect to the best of my knowledge and belief.
Signature:
Date: !o/3p~c
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: [t- i~' 07
/x-17
V. Application No.: W W 2-y1?,,VrI G~
VI. Docket No.: 0 t` - U /t V V " 2-?
VII. Received by: `
I.~ t" I n
VIII. Filing fee ($300.00) check date: Check `25
IX. Department of Health Receipt
X. Decision on Application (including date):
XI. Date of Public Hearing:
Simplified Form: Application for HAR Chapter 11-62 Variance (Large Capacity Cesspool)
Application for LCC Variance UPDATED May 10, 2007
Prepared for WILLIAM CORY FOULK by Peter J.K. Dahlberg, P.E.10/31/2007
4 '
Transmittal Date: Suspense Date:
Wastewater Branch Variance Application Docket No. -VWW-2.t> APP # WW
Name/Title: i IOLM 0 u( Jej
Subject: Cover Letter, Public No ' and Variance Application
ROUTE TO,
Applicant: t au
~Q .
Agent: P-e-trr
Director of He Ith - Chi 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 - Alec Won • '
Environmental Planning Office - Kelvin Sunada
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[x] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Hilo - Jerry Nunogawa (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 Maui Dept of Water Supply - George Y. Tengan
Kauai County Department of Water - Edward Tschu
[ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
X District Health Office - Hilo - Aaron Ueno, Chief Sanitarian
city & County of Honolulu, Department of Planning & Permittin
Coun of I Council
Oahu Neighborhood 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 may add a separate 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