HomeMy WebLinkAboutCOM 0877.000 2006-2008
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LINDA LINGLE CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
RO. BOX 3378 In reply, please refer to
HONOLULU, HAWAII 96801 EMD/WB
WW 263 Draft Dec CL
December 11, 2007
Mr. Theodore Baldau, VP pn
rn 71
RT Engineers, Inc. C:0 C-3
P.O. Box 390628 ~ M
Kailua-Kona, Hawaii 96739
Dear Mr. Baldau: 3
Subject: Variance Application No. WW 263 Docket No. 07-VWW-21
Aaron Ikeda - Owner of Coin Operated Laundry at c
79-7432 Mamalahoa Highway and 79-7436 Mamalahoa Highway
Kainalu, Hawaii 96750 TMK: (3) 7-9-007: 065 & 066
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 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. ARIZUHIEF
Environmental Manage nt 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
D'strict Health Office - Hilo
v-lawaii County Council
Applicant - Mr. Aaron Ikeda
Comm. No. $ 7
Ref. To: _
Ref. Dote 4E- -LUUT
-
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-21
Variance Application No. WW 263 )
for Individual Wastewater System )
Aaron Ikeda - Owner of Coin Operated ) DRAFT - SIGNATURE NOT REQUIRED
Laundry at 79-7432 Mamalahoa Hwy )
and 79-7436 Mamalahoa Highway )
Kainalu, Hawaii )
TMK: (3) 7-9-007: 065 & 066 )
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, Sections 11-62-03, 11-62-31.1(a)(2)(A),
11-62-31.1(a)(2)(B), 11-62-31.1(a)(2)(C) and 11-62-32 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. Pretreatment of all food waste wastewater shall be provided prior to entering the
individual wastewater system. Pretreatment shall meet the requirements of
Chapter 11-62.
3. If the existing cesspool serving the laundromats graywater and kitchens
wastewater is converted into an injection well, the injection well shall be properly
permitted by the Underground Injection Control program of the Safe Drinking
Water Branch.
4. If the design flow is based on actual water use, the septic tank shall be designed
based on a minimum detention time of 48 hours. If the design flow is based on
HAR Chapter 11-62, Table 1 of Appendix F, the following minimum septic tank
size applies:
Septic tank serving the restrooms in the KC Washerette 1000 gallons
Septic tank serving the restrooms in the retail office & restaurant 2000 gallons
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263, Docket No. 07-VWW-21
Decision and Order, Page i
5. A utility easement in favor of Parcel 65 and 66 shall be created to encompass the
individual wastewater system (IWS) components to be installed on Parcel 30.
This easement shall be recorded on the property deed with the State of Hawaii
Bureau of Conveyance. A copy of the covenant or warranty deed shall be
provided to the Department of Health with the submittal of the IWS plans.
6. No building modifications, alterations or additions will be allowed that will increase
wastewater flows. The owners shall execute and file a covenant on the
properties (Parcel 65 and 66) stating that no increase in total number of
bedrooms or bedroom-like rooms is allowed without the written consent of the
Department of Health. A copy of the covenant or warranty deed shall be provided
to the Department of Health with the submittal of the IWS plans.
7. The project shall connect to the County sewer service system should it become
available to the area.
8. There is no automatic renewal. Should applicant wishes to renew his variance
application, the applicant must submit an Application for Variance for renewal,
180 days prior to an expiration date.
DATED: Honolulu, Hawaii,
Draft - Signature NOT required.
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263. Docket No. 07-VW W-21
Decision and Order, Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-21
Variance Application No. WW 263 )
for Individual Wastewater System )
Aaron Ikeda - Owner of Coin Operated ) DRAFT - SIGNATURE NOT REQUIRED
Laundry at 79-7432 Mamalahoa Hwy )
and 79-7436 Mamalahoa Highway )
Kainalu, Hawaii )
TM K: (3) 7-9-007: 065 & 066 )
1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Aaron Ikeda of Kealakekua, Hawaii for a five (5) year variance
from Hawaii Administrative Rules, Chapter 62 of Title 11, Sections 11-62-03,
11 -62-31.1 (a)(2)(A), 11 -62-31.1 (a)(2)(B), 11-62-31.1(a)(2)(C) and 11-62-32 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.
Findinas of Fact
The individual authorized to act for the applicant, Mr. Ted Baldau, Vice President of
FIT Engineers, Inc., P.O. Box 390628, Kailua-Kona, Hawaii has applied for a five-year variance
from the Hawaii Administrative Rules (HAR), from 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.", Section 11-62-31.1(a)(2)(A)
,,Developments involving buildings other than dwellings. The wastewater flow generated shall
not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not
include the area under the buildings.", 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.", 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
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." and Section 11-62-32 "No individual wastewater system shall be located at any point
Aaron Ikeda - Coin Operated Laundry - Variance Applic rtion WW 263, Docket No. 07-VWW-21
Findings of Fact and Conclusions of Law, Page 1
having less than the minimum distances indicated in Table II attached to this chapter in
Appendix F, entitled Tables, dated April 15, 1999 and located at the end of this chapter unless
otherwise approved by the director."
The applicant has stated the requested variance is for the following sections of Chapter
11-62:
• Section 11-62-03 Definitions - The facility is a commercial development located
on two adjacent parcels of land, TMK: (3) 7-9-007: 065 & 066 located on the
makai side of Mamalahoa Highway in Kainaliu. Both parcels are owned by the
applicant. A restaurant, Sandy's Drive Inn, with an attached video arcade and
retail stores are located on Parcel 65 and a coin operated laundry, KC
Washerette, is located on Parcel 66. Three (3) individual wastewater systems
(IWSs) are proposed to serve the facility. Wastewater from the restrooms will be
directed into another system with a projected flow of 500 gallons per day and
kitchen wastewater from the restaurant and gray water from the laundry will be
combined into a third system with a projected flow of approximately 15,500
gallons per day. The combined projected flow for the facility is 17, 200 gallons
per day. The daily wastewater flow into the restaurant and retail space restroom
system and the wastewater flow from the laundry gray water and kitchen
wastewater both exceed the 1000 gallons per day per system allowed by this
section. The combination of the kitchen wastewater from the restaurant located
on Parcel 65 and the gray water from the laundry located on Parcel 66 constitutes
a combination of wastewater treatment and disposal components which is also
not allowed by this section.
• Section 11-62-31.1(a)(2(A) - Parcel 65 has a total land area of 16,818 square feet
and Parcel 66 has a total land area of 7,505 square feet giving a combined total
of 24,323 square feet. Total combined area under building footprint (both
parcels) is approximately 6,300 square feet yield 18,023 square feet of usable
land. The combined projected flow for the facility of 17,200 gallons per day
exceeds the 1000 gallons per 10,000 square feet of usable land allowed by this
section.
• Section 11 -62-31.1 (a)(2)(B) - The daily wastewater flow from the laundry and
kitchen wastewater, 15,500 gallons per day, exceeds the 15,000 gallons per day
allowed by this section.
• Section 11 -62-31.1 (a)(2)(C) - The coin operated laundry is located on parcel 66
which is 7,505 square feet in area. Two systems are proposed for this structure
which is not allowed by this section.
• Section 11-62-32 - The building pad and parking areas of Parcels 65 and 66 were
created by import fill material at the time of Mamalahoa Highway construction.
These areas are elevated from the surrounding natural grade by approximately 5
feet immediately makai of the highway right of way and by approximately 20 feet
at the top of slope on the makai side of the parcels. This fill material is unsuitable
for the installation of many IWS system components. It is intended to install the
majority of the system components a short setback distance from the toe of the fill
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263. Docket No. 07-VW W-21
Findings of Fact and Conclusions of Law. Page 2
slope on the adjacent 2.6 acre parcel, Parcel 30, located to the west (makai) and
south of Parcels 65 and 66. Parcel 30 is also owned by the applicant. A utility
easement in favor of Parcel 65 and 66 will be created to encompass the IW S
components to be installed on Parcel 30 and this easement will be recorded on
the property deed with the Bureau of Conveyances. The system components
installed on Parcel 30 will not conform to the minimum setback distances
contained within Table 2, Appendix F as referenced by this section.
The coin operated laundry is located at 79-7432 Mamalahoa Highway and 79-7436
Mamalahoa Highway, Kainalu, Hawaii 96750, TMK: (3) 7-9-007:065 & 066.
The applicant has made the following statements.
1. The usable area of the combined lots is 18,023 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 usable lot area.
2. 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 combined flow into the system
would be 17,200 gallons per day.
3. Two individual wastewater systems (IWSs) will treat and dispose of over 1000
gallons per day of wastewater. System components will be shared. System
components will not meet minimum setback requirements.
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. The facility has been in operation for 40 years in this location using the existing
cesspool. The installation of a wastewater treatment plant is lieu of a septic
system will not be possible due to space restrictions and may force the owner to
abandon the business operation.
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. Prevent loss of jobs. The LCC serving my facility has been in operation for 40
years. The current State requirements of a wastewater treatment plant would
significantly add to the construction cost, as well as require a much greater
ongoing maintenance cost. I (owner) may be forced to close my existing
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263 Docket No. 07-VW W-21
Findings of Fact and Conclusions of Law. Page 3
business and lay off my employees.
9. 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.
10. 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.
11. 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.
12. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
13. The variance is requested for the maximum of five (5) years.
A plot map has been attached to this application for variance but can not be shown here.
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 subject two (2) properties are situated ^mauka" or above the
Underground Injection Control (UIC) line. Therefore, the property overlie
or recharge 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;
B. UIC permitting is applicable to any 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;
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263, Docket No. 07 VW W-21
Findings of Fact and Conclusions of Law, Page 4
C. Because the proposed upgrade of the existing LCC to a septic system is
being driven by the Federal ban on large-capacity cesspools, we have no
objection to granting the variance.
D. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of th 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. Pretreatment of all food waste wastewater shall be provided prior to
entering the individual wastewater system. Pretreatment shall meet the
requirements of Chapter 11-62.
C. If the existing cesspool serving the laundromats graywater and kitchens
wastewater is converted into an injection well, the injection well shall be
properly permitted by the Underground Injection Control program of the
Safe Drinking Water Branch.
D. If the design flow is based on actual water use, the septic tank shall be
designed based on a minimum detention time of 48 hours. If the design
flow is based on HAIR Chapter 11-62, Table 1 of Appendix F, the following
minimum septic tank size applies:
Septic tank serving the restrooms in the KC Washerette 1000 gallons
Septic tank serving the restrooms in the retail
office & restaurant 2000 gallons
E. A utility easement in favor of Parcel 65 and 66 shall be created to
encompass the individual wastewater system (IWS) components to be
installed on Parcel 30. This easement shall be recorded on the property
deed with the State of Hawaii Bureau of Conveyance. A copy of the
covenant or warranty deed shall be provided to the Department of Health
with the submittal of the IWS plans.
F. No building modifications, alterations or additions will be allowed that will
increase wastewater flows. The owners shall execute and file a covenant
on the properties (Parcel 65 and 66) stating that no increase in total
number of bedrooms or bedroom-like rooms is allowed without the written
consent of the Department of Health. A copy of the covenant or warranty
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263, Docket No. 07-VW W-21
Findings of Fact and Conclusions of Law, Page 5
deed shall be provided to the Department of Health with the submittal of
the IWS plans.
G. The project shall connect to the County sewer service system should it
become available to the area.
H. There is no automatic renewal. Should applicant wishes to renew his
variance application, the applicant must submit an Application for
Variance for renewal, 180 days prior to an 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.
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. Pretreatment of all food waste wastewater shall be provided prior to entering the
individual wastewater system. Pretreatment shall meet the requirements of
Chapter 11-62.
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263, Docket No 07-VW W-21
Findings of Fact and Conclusions of Law, Page 6
3. If the existing cesspool serving the Laundromat's graywater and kitchen's
wastewater is converted into an injection well, the injection well shall be properly
permitted by the Underground Injection Control program of the Safe Drinking
Water Branch.
4. If the design flow is based on actual water use, the septic tank shall be designed
based on a minimum detention time of 48 hours. If the design flow is based on
HAR Chapter 11-62, Table 1 of Appendix F, the following minimum septic tank
size applies:
Septic tank serving the restrooms in the KC Washerette 1000 gallons
Septic tank serving the restrooms in the retail office & restaurant 2000 gallons
5. A utility easement in favor of Parcel 65 and 66 shall be created to encompass the
individual wastewater system (IWS) components to be installed on Parcel 30.
This easement shall be recorded on the property deed with the State of Hawaii
Bureau of Conveyance. A copy of the covenant or warranty deed shall be
provided to the Department of Health with the submittal of the IWS plans.
6. No building modifications, alterations or additions will be allowed that will increase
wastewater flows. The owners shall execute and file a covenant on the
properties (Parcel 65 and 66) stating that no increase in total number of
bedrooms or bedroom-like rooms is allowed without the written consent of the
Department of Health. A copy of the covenant or warranty deed shall be provided
to the Department of Health with the submittal of the IWS plans.
7. The project shall connect to the County sewer service system should it become
available to the area.
8. There is no automatic renewal. Should applicant wishes to renew his variance
application, the applicant must submit an Application for Variance for renewal,
180 days prior to an 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.
Aaron Ikeda - Coin Operated Laundry - Variance Application WW 263. Docket No. 07-VW W-21
Findings of Fact and Conclusions of Law. Page 7
Transmittal Date: Suspense Date:
Wastewater Branch Variance Application Docket No. - VWW - APP # WWZJ0
Name/Title: ha M j
Subject: Draft Decision Letter with Decision & Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant:
Agent:
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, Deputy Bill Cooper
Clean Water Branch - AI ec Won
Environmental Planning Office - Ke[ vin Sunada
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commer cial Properties Only
Wastewater Branch Staff Personnel
[ ?I Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) ,
[ I Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ ) Kauai - Lori Vetter
[ I Maui - Roland Tejano
[ 1 Oahu - Johnny On
Water Departments
[ 1 Board of Water Supply - Clifford Lum
[ v1 County of Hawaii Dept of Water Supply - Milton Pavao
[ I County of Mau: Dept of Water Supply - George Y. Tengan
[ I Kauai County Department of Water - Ed ward Tschupp
[ I District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ I District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian
[ V/I District Health Office - Hilo - Aaron Ueno , Chief Sanitarian
City & Count of Hon lulu, Department of Planning & Permitting
County of jawal I 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 WWB p:\c temp\wwb - 2007 variance route slip - Draft De c.doc 0312112007