HomeMy WebLinkAboutCOM 0962.000 2006-2008
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LINDA LINGLE r CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII,``, ' DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please refer to-
HONOLULU, HAWAII 98807 EMO / WB
VWV 262 FINAL DEC CL
January 11, 2008
m
CERTIFIED MAIL 7007 0220 0004 6739 6542 O0
RETURN RECEIPT REQUESTED z~ w r1 I
Mr. Theodore Baldau, VP
3
RT Engineers, Inc.
P.O. Box 390628 a
Kailua-Kona, Hawaii 96739 v
co
Dear Mr. Baldau:
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 the Department of Health's Decision and Order regarding the
above mentioned application for variance request which was GRANTED on Thursday
January 10, 2008 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 Mr. Tomas See, Acting Branch Chief of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808)
586-4300.
Sincerely,
f`171ZLC L•'j 1J ri
THOMAS E. ARIZUMI, E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch Comm. No. -l 2-
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii Ref. To;
District Health Office - Hilo Ref. Dote, JAN 2 3 2008
Hawaii County Council
Applicant - Aina Kea Senior Residence
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 )
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 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 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, January 10, 2008
THOMAS E. ARIZUMI,, CHIEF
Environmental Management Division
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 )
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 a five-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."
The applicant is requesting the allowance of more than 1000 gallons per day and two (2)
dwellings per individual wastewater system (IWS) 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 5 one-bedroom dwelling units and a separate
Aina Kea Senior Residence - Variance Application WW 262, Docket No. 07-VW W-20
Findings of Fact and Conclusions of Law, Page 1
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. Septic tank and absor tion bed sizes are summarized in the following 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;
(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
Aina Kea Senior Residence - Variance Application V VW 262, Docket No. 07-VW W-20
Findings of Fact and Conclusions of Law, Page 2
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 this 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.
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, and
B. We have no objection to granting the variance.
Aina Kea Senior Residence - Variance Application WW 262. Docket No. 07-VWW-20
Findings of Fact and Conclusions of Law, Page 3
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 septic tank serving the five (5) dwelling units at one (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.
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
Aina Kea Senior Residence - Variance Application I NW 262, Docket No. 07-VW W-20
Findings of Fact and Conclusions of Law, Page 4
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 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, January 10, 2008
~J
THOMAS E: ARIZUMI, P. IEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Aina Kea Senior Residence - Variance Application WW 262, Docket No. 07-VW W-20
Findings of Fact and Conclusions of Law, Page 6
Transmittal Date:
Wastewater Branch Variance Application Docket No. VWW - APP # WW
_
Name/Title: ha 1~k-u
Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
Applicant: Mal i0l R4 *Flu~
`
A ent: U
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 - A[ ec Won
Environmental Planning Office - Kel vin Sunada
Safe Drinking 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, 4)
[ ] Kauai - Lori Vetter
[ ] Maui - Roland Tejano
[ ] Oahu - Johnn y On
Water Departments
[ ] Board of Water Supply - Clifford Lum
r>e] County of Hawaii Dept of Water Supply - Milton Pavao
( ] County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County Department of Water - Ed ward Tschupp
[ ] District Health Office - Maui - Herb ert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian
r>4~3-District Health Office - Hilo - Aaron Ueno , Chief Sanitarian
City & County of Honolulu, 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 assistance 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 03/2112007