HomeMy WebLinkAboutCOM 0965.000 2006-2008
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LINDA LINGLE q CHIVOME LEINAALA PUKINQ M.D.
GOVERNOR OF HAWAII $t, ' DIRECTOR OF HEALTH
a.'
STATE OF HAWAII
DEPARTMENT OF HEALTH
RO. BOX 3378 InVreply, please refer to.
HONOLULU, HAWAII 96801 o EMD / WS
On WC 72 PN CL
January 8, 2008 Cn Z
-L-a r,0 I t E
Mr. Stephen J. Herbert
°
Stephen J. Herbert, P.E., Inc.
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74-5606 Pawai Place #203 rr~.
Kailua-Kona, Hawaii 96740 °
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Dear Mr. Herbert:
Subject: Variance Application No. WW 272 Docket No. 08-VWW-01
The Ponderosa Apartments, Garrick Yanabu, c/o Mary M. Love, Realtor
75-154 Lunapule Road, Kailua, Kona, Hawaii
TMK: (3) 7-5-018: 047
The Department has reviewed your application for a variance from Chapter 11-62, Hawaii
Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and
Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required.
Enclosed is a copy of the required public notice. Please read the public notice and contact the
Department of Health Wastewater Branch if any discrepancies or corrections are required. If the
public notice is satisfactory, the public notice is required to be published in the Honolulu Star-
Bulletin and West Hawaii Today one (1) time only. Please contact the following agencies for
assistance in the publishing of the public notice (names and emails may have changed - this is
only basic information on file):
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500,
Honolulu, Hawaii 96813 Contact Lisa at phone (808) 529-4344 or
Rose at (808) 529-4825, fax (808) 529-4829, email lisa@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 emailIlogan@westhawaiitoday.com
Failure to have this notice published within three (3) weeks of receipt of this letter, may result in
a greater delay of the final decision of this application for variance. All publication costs are the
responsibility of the applicant. Once published, you must submit the original certified affidavits of
the publication from both newspaper agencies to the Wastewater Branch at 919 Ala Moana
Blvd. Room 309, Honolulu, Hawaii 96814-4920 within fifteen (15) days after the publication
date. You may make a copy for your records. Please be advised that, pursuant to Chapter
342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be
required to publish a notice of public hearing.
Comm. No.
Ref. To:
Ref. Date JAN 2 3 2no8
Mr. Stephen J. Herbert
January 8, 2008
Page 2
Please find enclosed a receipt for your variance application for the amount of $300. 00. If you
have any questions regarding the public notification procedure or the processing of your
variance application, please call the Planning & Design Section of the Wastewater Branch at our
direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
t(~ ~ lac
THOMAS E. ARIZUMI, P.E , CHIEF
Environmental Management Division
Enclosures: Receipt No. 13894
Public Notice
c: 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
V-~awaii County Council
Applicant - Mr. Garrick Yanabu
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 272
DOCKET NO. 08 - VW W - 01
Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health
(DOH) seeks written comments from interested persons regarding the following. Mr. Garrick
Yanabu, c/o Mary M. Love, Realtor at 75-127 Lunapule Road, Kailua-Kona, Hawaii has applied
for a variance for the maximum of five (5) years as stated in the application from 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 Section 11-62-31.1(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."
Mr. Stephen Herbert, consulting engineer of Stephen J. Herbert, P.E., Inc, 74-5606
Pawai Place #203, Kailua-Kona, is the individual authorized to act for the applicant. The
applicant has stated that the 11,347 square feet parcel has two (2) apartment buildings that
have a total of nine (9) bedrooms, all wastewater flows into a cesspool located between the two
structures. The requested variance is for Section 11-62-31.1(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 location is 75-154 Lunapule, TMK: (3) 7-5-018: 047.
The applicant has made the following comments.
1. 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 flow into the system would be
1800 gallons per day.
2. The facility has been in operation for 30+ 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.
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 existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
5. The variance is requested for the maximum of five (5) years.
If you would like to review the complete application, please call or write to the
Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920,
telephone (808) 586-4294 and/or fax (808) 586-4300 to obtain a facsimile. DOH will consider all
written comments received within thirty days of this notice. If warranted, DOH may hold a public
hearing on the variance application, after separate related documents, written comments and
the public hearing, if any.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health
State of Hawaii Wastewater Branch
Department of Health Applic~at}ion No. WW Aj
Environmental Management Division Docket No. Q - - VWW - 0
APPLICATION FOR VARIANCE - Primarily Concerning Large Capacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004
- - - - - -
Submit ONE (1) original with filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed, but preferred in 8 1/2" x 11" format (for copying purposes).
- - - - - - -
I. GENERAL INFORMATION (please print or type):
A. Name: r ~_PSs ips2TMrwf c~------------------
(Corporation, company, agency, firm, etc. seeking variance)
Contact person: MR„~_-~_c
Mailing address: ---_~ls~_!•14f3Y_1~___~ Q~tEY_~E~S~~SZL-------------
---~iW~-N1~------11~------------- 9te'7 4Q-----------
(City) (Island) (Zip Code)
Nature of Business: Check applicable category. EPA makes the final determination of a
Large Capacity Cesspool (LCC).
[ ] Non-Residential LCC
[ ] Retail Business
[ ] Visitor Center
[ ] Church
[ ] School
[ ] Golf course clubhouse / restroom
[ ] Restaurant / food establishment
[ ) Others, please specify:
[ Residential LCC
[ V]' Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Others, please specify:
PAw btApplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 1 of 6
Provide location of existing cesspool(s):
Tax Map Key No. (_3 ) __7 _ - -3- 01$ 09
1=Oahu 2=Maui 3=Big Island 4=Kauai -
-1 S 1 5~------t -u~a -
(Street)
L-------- 4 43 4-~
(City) (Island) (Zip Code)
B. Individual authorized to act for applicant:
Name:
r~~ L4---Lt
Title:
Company: ---S.-r 21;-1 L_~
Address: _____7_ 5`Q tA__Pawa _c_ X203
(City) (Island) (Zip Code)
Phone No.: _QQ$ _3 Lq 52~~ Fax No.:
Email Address:
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check
applicable sections:
[ Section 11-62-03 Definitions state "Individual wastewater system means a facility
which is used designed to receive and dispose of no more than one thousand
gallons per day of domestic wastewater. Each individual wastewater system
includes all connected plumbing, treatment (if any), and disposal components that
could, if not connected, serve as a separate wastewater system. " (updated
312 612 0 0 7)
[ J Section 11-62-31.1 (a) (1) (A) "For residential developments. There shall be
10,000 square feet of land area for each individual wastewater system."
[ ] Section 11-62-31.1(a)(1)(C) "For residential developments. Area of the lot shall
not be less than 10, 000 square feet except for lots created and recorded before
August 30, 1991. For lots less than 10,000 square feet which were created and
recorded before August 30, 1991, only one individual wastewater system shall be
allowed."
[ ] Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than
dwellings. There shall be 10,000 square feet of usable land area for each
individual wastewater system. Usable land area shall not include the area under
the buildings."
PAw bVApplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 2 of 6
( ] Section 11-62-31.1(a)(2)(8) "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 August 30, 1991. For lots less than 10,000 square
feet which were created and recorded before August 30, 1991, only one individual
wastewater system shall be allowed."
[ 1
- - - - -
- - - - - - -
II. SPECIFIC INFORMATION:
A. Describe in detail the existing and conditions of the facility in relation to the requested
variance. (Example: Requested Variance is for HAR Section 11-62-31.1 (a)(2)(C): The
total area of the subject lot is 8,500 square feet. The lot has 2 buildings on it consisting of
a restaurant and a physical therapy office which are served by a cesspool. The estimated
wastewater flow is 2,000 gpd.)
-7-41 /lT __lSp~~_A~ TOT~?~__ t+1--------- - - -
---~~1'-~T-~ __v_~L~,e_~cL S_~-oR. l~A.f2 _ll _4.$,-~11~?~~~~
B. Describe how these present or proposed conditions fail to conform with the environmental
rules of the State. Check applicable category and fill-in-the missing information as
appropriate.
[ ] The area of the lot is square feet. This is insufficient to meet
the minimum land area requirements for IWS utilization which is one IWS per
10,000 square feet of lot area.
[?j The large capacity septic system proposed to serve the facility would not
comply with HAR Section 11-62-03 because the IWS would receive more than
1,000 gallons per day of wastewater. The estimated flow into the system would be
___1$,QD_ gallons per day.
[ ] If not in the choices, please specify.
PA\ bWpplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 3 of 6
v
C. Describe in detail why the present or proposed equipment and/or operating conditions
cannot be altered to bring such facility into compliance with the environmental rules of the
State within a reasonable amount of time. Check all applicable reasons.
[ ] The existing large capacity cesspool(s) must be closed and replaced with a
new treatment individual wastewater system by April 5, 2005 in order to
comply with federal requirements.
[ ] The current State requirement of a wastewater treatment plant would
significantly dd to the construction cost as well as require a much greater
ongoing maintenance cost.
[~f The facility has been in operation for__50 years in this location using the
existing cesspool. The installation of a wastewater treatment plant in lieu of a
septic system will not be possible due to space restrictions and may force the
owner to abandon the business operation.
[ ] If not in the choices, please specify.
- - - - - - -
-
D. Check applicable reasons listed below and/or supply supporting information (Attachments
D-1, D-2 & D-3) to clearly show that:
(1) The granting of the variance is in the public interest as defined in the Hawaii
Revised Statutes, Section 342.D-6(c).
( y]~ 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.
( ] Prevent loss of jobs. The LCC serving my facility has been in operation for
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 business and lay off my employees.
[ ]
PAwwbtApplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 4 of 6
(2) The granting of the variance will not substantially endanger human health or
safety.
[y~ The existing LCC will be upgraded to an MS (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.
[ ] 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.
[ ] If not in the choices, please specify.
- - - - -
(3) Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public.
[ ] The residents of the are essentially
economically depressed.
[ ] The owner of the facility simply cannot afford to build and operate
wastewater systems meeting all the requirements of HAIR Chapter 11-62
such as small aerobic wastewater treatment plants.
The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
E. Specify the amount of time requested for the variance and the reasons for such a time
period. Note that the Director cannot issue a variance for a period exceeding five years (if
additional space is required, please include the information on a separate attachment and
label "Attachment E-1"). Check applicable amount of time requested.
lv~ 5 years [ ] 4 years [ ] 3 years
[ ] 2 years [ ] 1 year
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label "Attachment F-1").
PA\ bWpplication for LCC Variance March 2007.doc Updated March 26, 2007 Page 5 of 6
III. CERTIFICATION:
I, 14~g'e'FtLK'------- S=OL,!Q-SU.L _7%A. , + t -
(Print Name) (Print Title)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to
the best of my knowledge and belief.
Signature: d Date: ---°s-:- L----
- -
DO NOT WRITE B~ ELan u-0k OW - FOR AGENCC~1Y USE ONLY
IV. Date Application received: O
V. Application No.: ' Y Y 2
--,-1- v,~ Y I' V Y-,-------------------------
VI. Docket No.: t- `V - O i
VII. Received by: '`~L+ Y!_
VIII. Filing fee ($300.00) check date: Check #
IX. Department of Health Receipt # 13V 1 ~TT
X. Decision on Application (including date): -
Xl. Date of Public Hearing:
P:1w bWpplication for LCC Variance Mar 2007.doc as of March 26, 2007 Page 6 of 6
' Transmittal Dater t Suspen a Date'
Wastewater Branch Variance Application Docket No. -VWW _ APP # WW _L
Name/Title: 0 - Q a
Subject' Cover Letter Public Notice and]Variance Application
ROUTE TO:
Applicant: CIO- U
:Agent:
o
Director of Health - Chi ome Lei aala 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 - Alec Won
Environmental Planning Office - Kelvin Sunada '
Safe Drinking Water Branch - Stuart Yamada '
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
]Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] 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
HI
[ ] County of Maui Dept of Water Supply - George Y. Tengan
] Kauai County Department of Water - Edward Tschu
[ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ]District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
District Health Office - Hilo - Aaron Ueno, Chief Sanitarian
Ci & Coun of Hono ulu, De artment of Planning & Permitting
Coun of Council
Oahu Neighborhood Board #
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice & Variance Application, please check one box:
[ ] Recommend to GRANT this variance application.
[ ] Have no objection to the GRANTING of this variance application.
[ ] Recommend to DENY this variance application.
[ ] See attached comments.
Reviewed by Contact Phone # Fax #
Please return this ROUTE SLIP. You may add a separate sheet of comments to this.
Return this to: Department of Health - Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by W W B p^.c temp\wwb - 2007 variance route slip - CL.doc 12.-10/2007