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Home My WebLink AboutCOM 0329.000 2006-2008 ~/~'~O Sp `\7' ~y ~J L. l: LINDA LINGLE f ~ CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII ~I ~ { DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801 EMD / WB W W 262 Dr>e~Jec CL December 11, 2007 ~ ~ v O~ ~ Z r- F+ ? ~-t Mr. Theodore Baldau, VP ~ RT Engineers, Inc. " P.O. Box 390628 ~ ~ r? 3 Kailua-Kona, Hawaii 96739 `+'`7 0 Dear Mr. Baldau: - o Subject: Variance Application No. WW 262 Docket No. 07-VWW-20 Aina Kea Senior Residences LLLP -Request to Allow More Than 1000 Gallons per day and Two (2) Dwellings Per Individual Wastewater System 53-3996 Ainakea Drive, Kapaau, Hawaii 96755 TMK: (3) 5-3-011: 102 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 Branch 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 January 4, 2008. 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. AFtIZUMI, P.E., C IEF Environmental Managem (vision 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 W afar Supply - Counly of Hawaii District Health Offce -Hilo ~Klawaii County Council Applicant -Aina Kea Senior Residence Comm. PIO. 3 2 9 Ref. To: Ref. Uate u 90111 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VW W-20 Variance Application No. WW 262 ) for Individual Wastewater System ) Aina Kea Senior Residence LLLP ) DRAFT -SIGNATURE NOT REQUIRED Request to Allow More Than 1000 ) Gallons per day and More Than Two (2) ) Dwellings per Individual Wastewater ) System 53-3996 Ainakea Drive ) Kapaau, Hawaii TMK: (3) 5-3-011: 102 ) 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 Section 11-62-31.1(a)(1)(D) 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 before it may be used. 2. The septic tank serving the five (5) dwelling units atone (1) bedroom each shall be enlarged to a minimum size of 1500 gallons. 3. The septic tank serving the common building shall be enlarged to a minimum size of 1500 gallons. 4. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent spill. 5. The development 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. 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 - rr - STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 07-VW W-20 Variance Application No. WW 262 ) for Individual Wastewater System ) Aina Kea Senior Residence LLLP ) DRAFT -SIGNATURE NOT REQUIRED Request to Allow More Than 1000 ) Gallons per day and More Than Two (2) ) Dwellings per Individual Wastewater ) System 53-3996 Ainakea Drive ) Kapaau, Hawaii TMK: (3) 5-3-011: 102 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Aina Kea Senior Residence LLLP of Hilo, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and Section 11-62-31.1(a)(1)(D) was reviewed by the Department of Health staff. A public notice of the application was printed in the October 27, 2007 issue of the Honolulu Star Bulletin and the October 27, 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. Ted Baldau, Vice President of RT Engineers, Inc., P.O. Box 390628, Kailua-Kona, Hawaii has applied for afive-year variance from the Hawaii Administrative Rules (HAR), 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 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 HAR, Section 11-62- 31.1(a)(1)(D) "The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons and one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two." Aina Kea Senior Residence -Variance Application W W 262, Docket No. 07-VW W-20 Findings of Fact and Conclusions of Law, Page 1 The applicant is requesting the allowance of more than 1000 gallons per day and two (2) dwellings per Individual wastewater system (IW S) for the Aina Kea Senior Residences LLLP located at 53-3996 Ainakea Drive, Kapaau, Hawaii TMK: (3) 5-2-011: 102. The applicant has made the following statements. 1. The Ainakea Senior Residence development will be constructed on a 3.034 acre parcel of land identified by TMK (3) 5-3-011: 102. The parcel is located on the western side of Ainakea Drive in North Kohala, Hawaii island. This proposed project includes 6 buildings of Sone-bedroom dwelling units and a separate common building containing laundry facilities (absent in the individual dwelling units), and administrative office, restrooms and cooking facilities. It is proposed to provide separate IWSs for each 5 dwelling unit structure and a separate system for the common building for a total of 7 IWSs. Wastewater flows from each one bedroom dwelling unit is 200 gallons per day therefore each IWS serving the dwelling structures will receive 1000 gallons per day. The wastewater volume for the common building is an aggregate of discharge from laundry activities, administrative office workers and use of the cooking and bathroom facilities and is estimated at 1,200 gallons per day. Total project wastewater flow volume is estimate at 7,200 gallons per day. 2. Se tic tank and absor lion bed sizes are summarized in the followin Table 1: Septic Tank Size Absorption Bed Size 5 Dwelling Unit IWS 1,500 Gallons Each 18' x 46' (420 sf) Each Common Building 1,500 Gallon Each 21' x 48' (420 sf) Each 3. The proposed conditions fail to conform to the environmental rules of the State in the following manners: (A) The proposed common building system exceed 1000 gallons per day. (B) The proposed dwelling unit systems serve more than two buildings. 4. 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 very low elderly residents of Hawaii Island. The project will utilize subsidies from all three levels of government including: (1) Nominal land cost from the County of Hawaii; (2) Subsidized funding from the State through the Rental Housing Trust Fund, Low Investment Partnerships Program and the Low Income Housing Tax Credit program; Aina Kea Senior Residence - Vanance Application W W 262, Docket No. 07-V4V W -20 Findings of Fact and Conclusions of Law, Page 2 (3) Subsidized funding from the Federal government the HOME Investments Partnership Program and the Low Income Housing Tax Credit program. The additional cost of providing a sewage treatment plant for the facility would increase the construction cost significantly and could exceed the funds available. Likewise, constructing IWS systems segmented into 1000 gallon or two dwelling increments would also increase the cost of the proposed wastewater system by a significant amount thus having a similar adverse impact on the availability of sufficient funds for project construction. 5. The granting of this variance is in the public interest as defined in the Hawaii Revised Statues, section 342.D-6(c) in that it provides affordable housing for low income elderly residents of Hawaii Island. The residents of this facility will come from income brackets that would not allow them to otherwise construct and own homes of their own. The proposed senior residences housing project will permit these residents to vastly improve their existing housing situation which is likely to be sub-standard due to overcrowding or allocated a disproportionate share of their family's income towards housing. 6. 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 known 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 IWS are located at sufficient elevation (approximately 460 feet above mean sea level) and sufficient horizontal distance (approximately 1 mile) to minimize their potential to contamination of shoreline waters. 7. Compliance with the rules of standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. The residents of the proposed elderly housing project are essentially economically depressed or financially disadvantaged. Coupled 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 or County agencies. Requiring compliance to the subject rules addressed by ihis variance request will not provide much greater benefits to the environment or the public than the proposed IWS systems would provide. 8. The time period requested for this wastewater variance is five (5) years. This time period is necessary to allow for the construction and ongoing occupation and operation of the proposed affordable housing facility. A plot map has been attached to this application for variance but can not be shown here. Aina Kea Senior Residence -Variance Application W W 262, Docket No. 07-VW W-20 Findings of Fact and Conclusions of Law, Page 3 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 (i 11C) line. Therefore, the property overlies or recharges a potential underground source of drinking water. Hawaii Administrative Rules (HAR), Title 11, Chapter 23, Underground Injection Control, prohibits new sewage injection wells above the UIC Line; and B. We have no objection to granting the variance. 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 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. B. The septlc tank serving the five (5) dwelling units atone (1) bedroom each shall be enlarged to a minimum size of 1500 gallons. C. The septic tank serving the common building shall be enlarged to a minimum size of 1500 gallons. D. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent spill. E. The development shall connect to the County sewer service system should it become available to the area. F. There is no automatic renewal. Should 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. Aina Kea Senior Residence -Variance Application W W 262, Docket No. 07-VW W-20 Findings of Pact and Conclusions of Law, Page d 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 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 septic tank serving the five (5) dwelling units at one (1) bedroom each shall be enlarged to a minimum size of 1500 gallons. 3. The septic tank serving the common building shall be enlarged to a minimum size of 1500 gallons. 4. Operation of the treatment lWS shall be checked periodically to insure proper care is being carried out to prevent spill. 5. The development 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. Aina Kea Senior Residence -Variance Application W W 262, Docket No. 07-VW W-20 Findings of Fact and Conclusions of Law. Page 5 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. Aina Kea Senior Resdence -Variance Application W W 262, Docket No. 07-VW W-20 Findings of Fact and Conclusions of Law. Page 6 Transmittal Date: , Suspense Date: Wastewater Branch Variance Application Docket No. C7 - VWW - APP # WW Name/Title: n Q{L, ~ Sub'ect: Draft Decision Letter with Decision & Order and Findin s of Fact & Conc sions of Law ROUTE TO: Applicant: ~ • A ent: Q 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, Deput 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 [ x ]Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) , ( ]Hilo -Jerry Nu nogawa (TMKs 1, 2, 3, 41 [ ]Kauai -Lori Vetter [ ]Maui -Roland Tejano [ ]Oahu - Johnn On Water Departments [ ]Board of Water Supply -Clifford Lum [ x] County of Hawaii Dept of Water Supply -Milton Pavao r [ ]County of Mau; Dept of Water Supply -George Y. Tengan [ ]Kauai County De artment of Water - Ed ward Tschup [ 1 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 Honolulu, Department of Plannin & Permittin County of Council Oahu Nei hborhood 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 f808) 586-4300. Received by WWB i / p:\c temp\wwb - 2007 variance route slip -Draft De c.doc 03/21/2007