HomeMy WebLinkAboutCOM 0876.000 2006-2008
LINDA LINGLE
CHIYOME LEINAALA , M.D.
GOVERNOR OF HAWAII
DIRECTOR OF Or HEALTH EALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to
HONOLULU, HAWAII 98801 EMD / WB
WW 255 Draft Dec CL
December 11, 2007
N
Mr. Fred Horwitz
Life Care Center of Hilo pn p
944 West Kawailani Street z"
Hilo, Hawaii 96720 -!rc 6-4 rn
CO
Dear Mr. Horwitz:
rr_ ~
Subject: Variance Application No. WW 255 Docket No. 07-VWW-13
Assisted Living Center - Setback Distance from Treatment Works rr ro Is ~t
Line at Life Care Center of Hilo, 944 Kawailani Street, Hilo, Hawa~ q
TMK: (3) 2-4-003: 052
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, 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. ARIZLIMI, P.E., 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 - Hilo Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
t/11awaii County Council
Comm. No. 8
Ref. To:
Ref. Date- OEC 18 2~U
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VW W-13
Variance Application No. WW 255 )
for Individual Wastewater System )
Assisted Living Center - Request ) DRAFT - SIGNATURE NOT REQUIRED
Continued Use of LCC Upgraded )
to Treatment Works Due to Impact on )
Required parking Spaces at Life Care )
Center of Hilo, 944 Kawailani Street )
Hilo, Hawaii TMK: (3) 2-4-003: 052 )
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 11-62-23.1(c)(1) and (2) is hereby GRANTED for
five (5) years with the following provisions:
1. Plans for the new Wastewater Treatment Works (WTW) shall be submitted to the
Wastewater Branch for review and approval before any construction begins. In
addition, the WTW shall be approved in writing before being placed into service.
2. The new WTW shall not create or contribute to any nuisance or foul and noxious
odors in accordance with Hawaii Administrative Rules (HAR) Chapter 11-62,
Sections 11-62-06(g) (3) and (8).
3. If the existing cesspools are utilized as injection wells, the injection wells shall be
properly permitted by the Underground Injection Control program of the Safe
Drinking Water Branch.
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,
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-13
Variance Application No. WW 255 )
for Individual Wastewater System )
Assisted Living Center - Request ) DRAFT - SIGNATURE NOT REQUIRED
Continued Use of LCC Upgraded )
to Treatment Works Due to Impact on )
Required parking Spaces at Life Care )
Center of Hilo, 944 Kawailani Street )
Hilo, Hawaii TMK: (3) 2-4-003: 052 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Fred Horwitz and Mr. George Hanselman of Life Care Center of
Hilo for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section
11-62-23.1(c)(1) and (2) was reviewed by the Department of Health staff. A public notice of the
application was printed in the August 18, 2007 issue of the Honolulu Star Bulletin and the
August 21, 2007 issue of the Hawaii Tribune Herald 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. Fred Horwitz of Life Care Center of
Hilo at 944 West Kawailani Street, Hiol, Hawaii has applied for a five-year variance from the
Hawaii Administrative Rules (HAR), 11-62-23.1(c)(1) and (2) "Unless otherwise specified by the
director, the following distance requirements apply to all treatment works: (1) Treatment units,
except as provided in paragraph (3), shall not be less than twenty-five feet from any property
lines nor less than ten feet from any building and swimming pools; (2) Disposal systems,
excluding effluent irrigation systems, shall not be less than five feet from a property line nor less
than five feet from any building; and...."
The applicant has stated the requested variance is in regards to the proximity that a
wastewater treatment plant, associated piping, injection well(s) can be located in reference to
the property boundary. The property is located at 944 Kawailani Street, TMK: (3) 2-4-003: 052.
Life Care Center of Hilo -Variance Application WW 255, Docket No. 07-VW W-13
Findings of Fact and Conclusions of Law, Page 1
The applicant has made the following statements:
1. The wastewater treatment plant (WWTP) would be placed 10 feet from the North
and West property boundaries. The discharge piping and converted injection
wells would be five (5) feet from the West property boundary.
2. All current water quality standards. The design layout requires that a portion of
the WWTP to be placed within the property boundary limitations, to maintain
required number of parking stalls in the facility.
3. The proposed treatment individual wastewater systems (IWS) 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
treatment system will provide pretreatment and sludge removal prior to effluent
disposal.
4. The existing location of the facility is severely restrictive. The treatment system
must be located to impact as few parking spaces as possible.
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 facility is located above the Underground Injection Control (UIC) line.
Areas above the UIC line are considered to overlie underground sources
of drinking water;
B. The variance application is not clear on whether new or existing injection
wells (modified cesspools) are proposed to be used to dispose of the
treated wastewater. New sewage injection wells are not allowed to be
constructed above the UIC line. The use of existing injection wells that
receive greater than 1000 gallons per day of domestic wastewater will
require a UIC permit. Please contact Norris Uehara of the UIC program at
(808) 586-4258 to discuss UIC regulatory requirements;
C Because the proposed improvement appears to be driven by the federal
ban on large-capacity cesspools, we have no objection to granting the
variance; and
Life Care Center of Hilo -Variance Application WW 255, Docket No. 07-VW W-13
Findings of Fact and Conclusions of Law, Page 2
D. We recommend that the property owner(s) of the lot(s) adjacent to the
setback encroachment be directed informed of the proposed variance.
Their comments should be obtained before making a variance decision.
Please contact Mr. Norris Uehara 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 the new Wastewater Treatment Works (WTW) shall be
submitted to the Wastewater Branch for review and approval before any
construction begins. In addition, the WTW shall be approved in writing
before being placed into service.
B. The new WTW shall not create or contribute to any nuisance or foul and
noxious odors in accordance with Hawaii Administrative Rules (HAR)
Chapter 11-62, Sections 11-62-06(g) (3) and (8).
C. If the existing cesspools are utilized as injection wells, the injection wells
shall be properly permitted by the Underground Injection Control program
of the Safe Drinking Water Branch.
D. 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 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.
Life Care Center of Hilo - Variance Application WW 255, Docket No. 07-VW W-13
Findings of Fact and Conclusions of Law, Page 3
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 the new Wastewater Treatment Works (WTW) shall be submitted to the
Wastewater Branch for review and approval before any construction begins. In
addition, the WTW shall be approved in writing before being placed into service.
2. The new WTW shall not create or contribute to any nuisance or foul and noxious
odors in accordance with Hawaii Administrative Rules (HAR) Chapter 11-62,
Sections 11-62-06(g) (3) and (8).
3. If the existing cesspools are utilized as injection wells, the injection wells shall be
properly permitted by the Underground Injection Control program of the Safe
Drinking Water Branch.
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,
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.
Life Care Center of Hilo -Variance Application WW 255, Docket No. 07-VW W-13
Findings of Fact and Conclusions of Law, Page 4
t TPansmittal Date: Suspense Date: I
Wastewater Branch Variance Application Docket No. Q VWW - APP # WW
Name/Title:
Subject: Draft D ision Letter with Deci n & Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant: umL 0
Agent: 2-
Director of Health - C 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 - Commer cial Properties Only
Wastewater Branch Staff Personnel
[ ] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[><,I Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ ] Kauai - Lori Vetter
[ ] Maui - Roland Teiano
[ ] Oahu - Johnny On
Water Departments
[ ] Board of Water Supply - Clifford Lum
],County of Hawaii Dept of Water Supply - Milton Pavao
[ 1 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 & County of Honolulu, 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 WW13 p:\c temp\wwb - 2007 variance route slip - Draft De c.doc 03/21/2007