HomeMy WebLinkAboutCOM 0878.000 2006-2008
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~vaa LINDA LINGLE I g= CHIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII " I^ DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
BO. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD I WB
WW 257 FINAL DEC CL
December 7, 2007
CERTIFIED MAIL 7005 1160 0001 8381 4632
RETURN RECEIPT REQUESTED
Mr. Stephen J. Herbert 00 0 1
Stephen J. Herbert, P.E., Inc. CO c~ x
74-5606 Pawai Place Suite 203 -zi I., Kailua-Kona, Hawaii 96740 OD
'
0 3
Dear Mr. Herbert:
Y - t C:) IrJ
Subject: Variance Application No. WW 257 Docket No. 07-VWW-15-, t--A
Request Continued Use of a Cesspool Serving a 3-Bedroom Exi-Afng Dvowling
and Use of a New Septic Tank System Serving an 5-Bedroom Existing Dwelling
on a Lot of 18,282 square feet
73-1186 Ahikawa Street, Kailua-Kona, Hawaii TMK: (3) 7-3-022: 016
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on November 19, 2007 for
five (5) years. We are enclosing for your information the Findings of Fact and Conclusions of
Law.
Please note the variance conditions and if there are any questions relative to the variance,
please do not hesitate to contact our 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.
Sincerely,
THOMAS E. ARIZUMI, _CHIEF
Environmental Management Division
Enclosures: Final Decisiun and Order
Findings of Fact and Conclusions of Law
cc: 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 Comm. No.
"awaii County County k7 8,
Applicant - Dale 8 Tracy Leverone Ref. To;
Ref. Uate_ DEG
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-15
Variance Application No. WW 257 )
for Individual Wastewater System )
Request Continued Use of a Cesspool )
Serving an Existing 3-Bedroom )
Dwelling and Use of a New Septic )
Tank System serving an Existing
5 - bedroom dwelling )
73-1186 Ahikawa Street, Kailua-Kona )
TMK: (3) 7-3-022: 016 )
DECISION & 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 11-62-31.1(a)(1)(A) 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 new IWS shall be approved in writing before being
placed into service.
2. The septic tank shall be fitted with an effluent filter.
3. The proposed septic system for the 5-bedroom dwelling unit and the utilization of the existing
cesspool for the three (3) bedroom dwelling unit will be considered collectively as one (1)
individual wastewater system (IWS) by the State of Hawaii Department of Health, and the
combined number of bedrooms or bedroom-like rooms (as determined by the Department of
Health) in the two (2) dwelling units cannot exceed the existing eight (8) bedrooms.
4. No building modifications, alterations or additions will be allowed that will increase wastewater
flows. The owners shall execute and file a covenant on the property stating that no increase in
total number of bedrooms or bedroom-like rooms is allowed without the written consent of the
Department of health.
5. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of conveyance.
A copy of the covenant shall be provided to the Department of Health.
6. Operation of the treatment IWS shall be checked periodically to insure proper care is being
carried out to prevent any spill.
7. The development shall connect to the County sewer service system should it become available to
the area.
8. There is no automatic renewal. Should the 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, _ November 19. 2007
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-15
Variance Application No. WW 257 )
for Individual Wastewater System )
Request Continued Use of a Cesspool )
Serving an Existing 3-Bedroom )
Dwelling and Use of a New Septic )
Tank System serving an Existing )
5 - Bedroom Dwelling )
73-1186 Ahikawa Street, Kailua-Kona )
TMK: (3) 7-3-022: 016 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Dale & Tracy Leverone of Kailua-Kona, Hawaii for a five (5) year
variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)(1)(A)
was reviewed by the Department of Health staff. A public notice of the application was printed in
the August 31, 2007 issue of the Honolulu Star Bulletin and the September 8, 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. Stephen J. Herbert of Stephen J.
Herbert, P.E., Inc. has applied for a five (5) year variance from the Hawaii Administrative Rules
(HAR), Section 11-62-31.1(a)(1)(A) which states "For residential developments. There shall be
10,000 square feet of land area for each individual wastewater system."
The applicant has stated that the total are of the subject lot is 18,282 square feet. The
lot has two (2) dwelling units on it consisting of one-three (3) bedroom dwelling and one-five (5)
bedroom dwelling. The two dwellings are served by a common cesspool. The front dwelling
(3-bedroom) will remain connected to the cesspool. The back dwelling (5-bedroom) will install a
septic tank and seepage pit. The property is located at 73-1186 Ahikawa Street, Kailua-Kona,
Hawaii, and identified as TMK: (3) 7-3-022: 016.
The applicant has made the following statements.
1. The area of the lot is18,282 square feet. This is insufficient to meet the minimum
land area requirements for individual wastewater system (IWS) utilization which is
one IWS per 10,000 square feet of lot area.
Dale & Tracy Leverone - Variance Application V VW 257, Docket No. 07-VW W-15
Findings of Fact and Conclusions of Law, Page 1
2. 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.
3. 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.
4. The residents of the dwelling are essentially economically depressed.
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 project site is situated "mauka" or above the Underground Injection
Control (UIC) 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:
B. A seepage pit is an injection well when it receives more than 1,000
gallons per day (gpd) of domestic wastewater (sewage); and
C. We have no objection to this variance application; however, we favor the
installation of another septic tank for the 3-bedroom dwelling for fostering
groundwater protection.
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 one (1) large treatment individual wastewater system (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.
Dale & Tracy LeVerone - Variance Application W W 257. Docket No. 07-VW W-15
Findings of Fact and Conclusions of Law, Page 2
B. The septic tank shall be fitted with effluent filter(s).
C. The existing cesspool 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 IWS shall be approved in writing before
being placed into service.
2. The septic tank shall be fitted with an effluent filter.
3. The proposed septic system for the 5-bedroom dwelling unit and the utilization of the
existing cesspool for the three (3) bedroom dwelling unit will be considered collectively as
one (1) individual wastewater system (IWS) by the State of Hawaii Department of Health,
and the combined number of bedrooms or bedroom-like rooms (as determined by the
Dale & Tracy Leverone - Variance Application W \N 257. Docket No. 07-VW W-15
Findings of Fact and Conclusions of Law, Page 3
Department of Health) in the two (2) dwelling units shall not exceed the existing eight (8)
bedrooms.
4. No building modifications, alterations or additions will be allowed that will increase
wastewater flows. The owners shall execute and file a covenant on the property stating
that no increase in total number of bedrooms or bedroom-like rooms is allowed without
the written consent of the Department of health.
5. The covenant or warranty deed shall be recorded with the State of Hawaii Bureau of
conveyance. A copy of the covenant shall be provided to the Department of Health.
6. Operation of the treatment IWS shall be checked periodically to insure proper care is
being carried out to prevent any spill.
7. The development shall connect to the County sewer service system should it become
available to the area.
8. There is no automatic renewal. Should the 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, November 19, 2007
j~1liL ' .
THOMAS E. ARIZUMI, P.E., C F
Environmental Management Division
Dale & Tracy Leverone -Variance Application W W 257. Docket No. 07-VW W-15
Findings of Fact and Conclusions of Law, Page 4
Transmittal Date: tXV
Wastewater Branch Variance Application' Docket No. VWW - ! C3 APP # WW
Name/Title: 2 ~W _
Subject: Final Signed Decision Cover L r, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
Applicant:
Agent: Z> TIC*
Director of Health -%r 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 - 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
[ ?1 Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ 1 Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ 1 Kauai - Lori Vetter
[ 1 Maui - Roland Tejano
[ I Oahu - Johnn y On
Water Departments
[ 1 Board of Water Supply - Clifford Lum
[ County of Hawaii Dept of Water Supply - Milton Pavao
[ 1 County of Maui Dept of Water Supply - George Y. Tengan
[ 1 Kauai County Department of Water - Ed ward Tschu
[ 1 District Health Office - Maui - Herb ert Matsubayashi, Chief Sanitarian ,
[ ) District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian
[ I District Health Office - Hilo - Aaron Ueno , Chief Sanitarian
City & Count of Honol lu, Department of Planning & Permitting
County of (/1( Council
Oahu Neighborhood Board #
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
X The attached is for your information to file or discard at your discretion. No action is
required. Thank you for your assivance in the variance application process.
From: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300
p:\c temp\wwb - 2007 variance route slip - final decision.doc as of 0312112007