HomeMy WebLinkAboutCOM 0970.000 2006-2008
?^^if/y ~ ~~'t
LINDA LINGLE i CHIYOME LEINAALA FUKIND, M.D.
GOVERNOR OF HAWAII Vit v .q DIRECTOR CF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please refer to'.
HONOLULU, HAWAII 96801 EMD / WB
WW 259 F W L DEC CL
January7, 2008 t
CERTIFIED MAIL 7005 1160 0001 8381 4670 C Z Z1
RETURN RECEIPT REQUESTED rro 771
Mr. Stephen J. Herbert T,
Stephen J. Herbert PE Inc.
74-5606 Pawai Place #203 = ' 1
Kailua-Kona, Hawaii 96740 >'r o
- o
Dear Mr. Herbert:
Subject: Variance Application No. WW 259 Docket No. 07-VWW-17
Continued Use of an Individual Wastewater System at the
Hale Kalani Apartments, 77-297 Kalani Way, Kailua-Kona, Hawaii
for an Existing Five (5) Unit Building with One (1) Bedroom Units served by a
Large Capacity Cesspool TMK: (3) 7-7-015: 085
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 3, 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,
THOMAS E. ARIZUMI, P.K. , C IEF
Environmental Management ivision
Enclosures: Final Decision and Order
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
District Health Office - Hilo
Vawaii County Council
Applicant - Mr. Paul C. Hartsough Comm. No.
Ref. To:
R®f. Date.-_ 2 4____?048
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-17
Variance Application No. WW 259 )
for Individual Wastewater System )
Requested Use of Single Individual )
Wastewater System at )
Hale Kalani Apartments )
77-297 Kalani Way, Kailua-Kona )
TMK: (3) 7-7-015: 085 )
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 11-62-31.1(b)(1) 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. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool is used as a seepage pit and classified by Underground
Injection Control (UIC) program of the Safe Drinking Water Branch as an injection
well, the injection well shall be properly permitted by the UIC program.
4. The septic tanks shall be enlarged to a minimum total volume of 3000 gallons to
accommodate the five (5) dwelling units connected to a single septic system.
5. The project 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,
180 days prior to expiration date.
DATED: Honolulu, Hawaii, January 3, 2008
THOMAS E. ARIZUMI, P.E„ CHIEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-17
Variance Application No. WW 259 )
for Individual Wastewater System )
Requested Use of Single Individual )
Wastewater System at )
Hale Kalani Apartments )
77-297 Kalani Way, Kailua-Kona )
TMK: (3) 7-7-015: 085 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Mr. Paul C. Hartsough of San Francisco, California, owner of Hale Kalani Apartments
has applied for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11,
Section 11-62-03 and 11-62-31.1(b)(1). The application was reviewed by the Department of
Health staff. A public notice of the application was printed in the September 9, 2007 issue of the
Honolulu Star Bulletin and the September 27, 2007 issue of the West Hawaii Today publications.
Two (2) 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, engineer from
Kailua-Kona, Hawaii has applied for a five (5) year variance from the Hawaii Administrative
Rules (HAR), Section 11-62-03 Definitions which 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 from Section 11-62-31.1(b)(1) which states "Whenever an individual
wastewater system is allowed under subsection (a) the following shall apply: (1) The director
may allow an individual wastewater system other than a cesspool to be used for two dwelling
units which may or may not be located within the same building provided: (A) Both of the
dwelling units are located on the same single family residential lot; and (B) The individual
wastewater system used shall meet the current requirements of this chapter".
The applicant has stated the existing five (5) unit building (one (1) bedroom per unit) is
served by a large cesspool. Subchapter 3, Individual Wastewater Systems (IWS), does not
Hale Kalani Apartments - Variance Application WW 259, Docket No. 07-VWW-17
Findings of Fact and Conclusions of Law, Page 1
include any rule for IWS installments for multiple units other than section 11-62-31.1(b)(1) which
refers to "two dwelling units." The location of the apartment is 77-297 Kalani Way, Kailua-Kona,
Hawaii TMK: (3) 7-7-015: 085.
The applicant has made the following statements.
1. Section 11-62-03 Definitions "Cesspools" means an excavation in the ground
which receives untreated wastewater and is designed to retain the organic matter
and solids discharging therein, but permits the liquid to see through its bottom or
sides to gain access to the underground formation. Further, it is an individual
wastewater system which is designed to receive no more than 1000 gallons per
day of domestic wastewater.
Section 11-62-31.1(b)(1) The Director may allow an individual wastewater system
other than a cesspool to be used for two dwelling units which may or may not be
located within the same building provided: (A) Both of the dwelling units are
located on the same single family residential lot; and (B) The individual
wastewater system used shall meet the current requirements of this chapter.
2. The existing five (5) unit building has one (1) bedroom per unit served by a large
cesspool. Subchapter 3, Individual Wastewater Systems does not include any
rule for IWS installations for multiple units other than section 11-62-31.1(b)(1)
which only refers to "Two Dwelling Units."
More than two (2) dwelling units are served by one (1) wastewater system.
3. 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.
4. The applicant believes this variance request is in the public interest because the
LCC will be upgraded to an IWS (septic system). The WS 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.
5. 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.
6. 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.
7. This application for variance is requested for five (5) years.
Hale Kalani Apartments - Variance Application WW 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 2
The following agencies submitted the following comments:
1. The Clean Water Branch submitted the following comment:
Recommend granting this variance application.
2. The Safe Drinking Water Branch submitted the following comments:
A. The property is situated "makai" or below the Underground Injection
Control (UIC) line. Land areas below the UIC line, in general, overlie
aquifers that are not an underground source of drinking water for injection
well regulatory purposes;
B. The public notice should explicitly mention the disposal component of the
septic tank;
C. UIC permitting is applicable to any existing 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;
D Because the proposed upgrade of the LCC to a septic system is being
driven by the Federal ban on large-capacity cesspools, we have no
objection to granting the variance.
E. If a variance is granted, appropriate conditions should be imposed to
insure proper operation and maintenance of the 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. Each septic tank shall be fitted with an effluent filter(s).
C. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water
Branch.
Hale Kalani Apartments - Variance Application WW 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 3
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 treatment IWS shall be
approved in writing before being placed into service.
2. Each septic tank shall be fitted with an effluent filter(s).
3. If the existing cesspool is used as a seepage pit and classified by Underground
Injection Control (UIC) program of the Safe Drinking Water Branch as an injection
well, the injection well shall be properly permitted by the UIC program.
4. The septic tanks shall be enlarged to a minimum total volume of 3000 gallons to
accommodate the five (5) dwelling units connected to a single septic system.
5. The project shall connect to the County sewer service system should it become
available to the area.
Hale Kalani Apartments - Variance Applicatm WW 259, Docket No. 07-V W W-17
Findings of Fact and Conclusions of Law, Page 4
6. 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, January 3, 2008
l'~-f GL % 7~f-1~~C- far'c 1 ~ u*--
Thomas E. Anzumi, P,,F< HI
Environmental Manag6me ivision
The foregoing findings of fact and conclusions of law are hereby adopted.
Hale Kalani Apartments - Variance Application WW 259, Docket No. 07-VW W-17
Findings of Fact and Conclusions of Law, Page 5
1,431
Transmittal Date:
Wastewater Branch Varianc Ap lication Docket No. 917 VWW - APP # WW
Name/Title:
Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
Applicant: OI,L O f7e!^
A ent: 6 t7.
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 - 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
[ k] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
n 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
County of Hawaii Dept of Water Supply - Milton Pavao ,
[ I County of Maui Dept of Water Supply - George Y. Tengan
[ ] Kauai County Department of Water - Ed ward Tschupp
[ ] District Health Office - Maui - Herb art Matsubayashi, Chief Sanitarian
[ [ District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian
District Health Office - Hilo - Aaron Ueno , Chief Sanitarian
City & County f Honol lu, Department of Planning & Permitting
County of
III 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:1c temp\wwb - 2007 variance route slip - final decision.doc as of 03/21 /2007