HomeMy WebLinkAboutCOM 0969.000 2006-2008
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LINDA LINGLE li I r I CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII OIRECTOE, o' HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
Pro, BOX 3376 In reply, please refer to
HONOLULU, HAWAII 96601 EMDI WB
WW 228 FINAL DEC COR
January 18, 2008 °o
Ms. Cynthia Northrup act
82-58248 Napoopoo Road Z z X1
rv r_
Captain Cook, Hawaii 96704 - s
Dear Ms. Northrup:
Subject: Variance Application No. WW 228 Docket No. 06-VWl* t E4'
Proposed New Septic System to Serve All Residences at - °
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82-6167 Mamalahoa Highway, Captain Cook, Hawaii
TMK: (3) 8-2-015: 017
Please find enclosed the Department of Health's Decision and Order regarding the above mentioned
application for variance request which was GRANTED on November 22, 2006 for five (5) years. We
are enclosing for your information the Findings of Fact and Conclusions of Law.
Basically, item #4 in the Decision and Order states that no building modifications, alterations or
additions will be allowed that will increase wastewater flows from the existing design flow. This means
that no additional dwellings or buildings that generate wastewater will be permitted by the Department
of Health unless connection to a County sewer system is available.
The propose additional wastewater will not comply with the provision in Hawaii Administrative Rules
(HAR), Chapter 11-62, of a minimum lot size of 10,000 square per one (1) individual wastewater
system. The granted variance already exceeded our rules and regulations.
Please note the variance conditions are firm and binding. If you have any further questions or require
clarification 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,
.j .
THOMAS E. ARIZLIMI, P.E.~,_ EF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Clean Water Branch
Comm No.
Environmental Planning Office r
Safe Drinking Water Branch R0. T0:
Wastewater Branch - Kona Staff Engineer Ref. Date JAN . 4 98itS
Department of Water Supply - County of Hawaii
District Health Office - Hilo
%/Hawaii County Council
LINDA LINGLE CHIYOME LEINAALA FLIKINO. M.O.
r
COVE RNOR OF HAWAII CIRECTOP OF HEALrH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 33-,6 In reply, please refer to.
HONOLULU HAWAII 9E801 d9iB Rle:
WIN 228 FINAL DEC CL
wb61235
November 27, 2006
CERTIFIED MAIL 7005 1160 0001 8381 4175
RETURN RECEIPT REQUESTED
Mr. Peter J. K. Dahlberg
Civil Engineer
77-6238 C Mamalahola Highway
Holualca, Hawaii 96725
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 228 Docket No. 06-VWW-17
Proposed New Septic System to Serve All Residences at
82-6167 Mamalahoa Highway, Captain Cook, Hawaii
TMK: (3) 8-2-015: 017
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on November 22, 2006 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. Harold Yee, Chief of the Wastewater Branch at our direct
toll free phone number 974-4000, ext. 64294, fax (808) 586-4300.
Sincerely,
THOMAS E. ARIZUMI, .E., CFj1EF
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
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
County of Hawaii Council
Applicant - Mr. David Krnttle
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VWW-17
Variance Application No. WW 228 )
for Individual Wastewater System )
Proposed New Septic System )
To Serve All Residences at )
82-6167Mamalahoa Highway )
Captain Cook, Hawaii )
TMK: (3) 8-2-015: 017 )
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-
3 1. 1 (a)(2)(D) is hereby GRANTED for five (5) years with the following provisions:
1. Plans for each treatment 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. If a soil absorption bed /leach lines are used, the existing cesspools shall
be abandoned per the requirements of the Underground Injection Control
program of the Safe Drinking Water Branch. If the existing cesspool is
used as a seepage pit for the wastewater system, the seepage pit(s) shall
be properly permitted by the Underground Injection Control program.
3. The septic tank serving the three (3) -2 bedroom or bedroom-like rooms
dwelling units shall be enlarged to a minimum size of 1500 gallons.
4. Only two individual wastewater systems (IWS), with a combined maximum
design flow of 2,030 gallons per day will be allowed in the subject
property. No building modifications, alterations or additions will be allowed
that will increase wastewater flows from the existing design flow of 2,030
gallons per day. The owners shall execute and file a covenant on the
property stating that no increase in the wastewater flow is allowed without
David Knittle Residence Variance Application WW 228, Docket No. 06-VWW-17, Decision & Order, Pagel
r
the written consent of the Department of Health. The covenant shall run
with the title to the property and shall be binding upon parties and their
respective heirs, successors, and assigns.
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. The project shall connect to the County sewer service system should it
become available to the area.
DATED: Honolulu, Hawaii, November 22. 2006
/ n
THOMAS E. ARIZUMI, PI.E., CHIEF
Environmental Management ivision
David Knittle Residence Variance Application WW 228, Docket No. 06-VW W-17, Decision & Order, Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 06-VW W-17
Variance Application No. WW 228 )
for Individual Wastewater System )
Proposed New Septic System )
To Serve All Residences at )
82-6167Mamalahoa Highway )
Captain Cook, Hawaii )
TM K: (3) 8-2-015: 017 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. David Knittle and Ms. Carol Gibson of Honaunau, 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)(2)(D) was reviewed by the Department of
Health staff. A public notice of the application was printed in the September 9, 2006
issue of the Honolulu Star Bulletin and the September 13, 2006 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. Peter J.K. Dahlberg, Civil
Engineer from Holualoa, Hawaii has applied for a five-year variance from the Hawaii
Administrative Rules (HAR), Section 11-62-03 Definitions which states "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(a)(2)(D) which states "The total wastewater flow into
each individual wastewater system shall not exceed 1,000 gallons per day."
David Knittle Residence Variance Application WW 228, Docket No. 06-VW W-17
Findings of Fact and Conclusions of Law, Page 1
The applicant states that the existing cesspools have failed. A new septic
system is proposed to serve all residences. A new 1,500 gallon septic tank and 12' x
28' absorption bed is proposed as the most feasible solution, given the small property
size, and location of existing structures. Flow into proposed IWS exceeds five (5)
bedroom/1,000 gallons per day. The three (3) dwellings have a total of six (6)
bedrooms. Estimated design flow is 1,200 gallons per day. Existing cesspools
servicing three (3) dwellings are to be abandoned. The dwellings are located at 82-
6167 Mamalahoa Highway, Captain Cook, Hawaii and the property is identified as TMK:
(3) 8-2-015: 017. The property is 24,132 square feet in size.
The applicant has made the following statements.
1. The area of the (usable) lot (area) is 24,132 square feet. This is
insufficient to meet the minimum land area of requirements for IWS
utilization which is one IWS per 10,000 square feet of lot area.
2. The large capacity septic system proposed to serve the facility would not
comply with HAIR Section 11-62-03 because the IWS would receive more
than 1,000 gallons per day of wastewater. The estimate flow into the
system would be 1,200 gallons per day.
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 current State requirement of a wastewater treatment plant would
significantly add to the construction cost as well as require a much greater
ongoing maintenance cost.
5. Existing cesspools have failed. A new septic system is proposed to serve
all residences. A new 1,500 gallon septic tank and 12'x 28' absorption
bed is proposed as the most feasible solution, given the small property
size and location of existing structures.
6. 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 treatment system
compared to the existing LCC. Therefore minimizes impact to the
environment.
David Knittle Residence Variance Application WW 228, Docket No. 06-V W W-17
Findings of Fact and Conclusions of Law, Page 2
7. 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 contracted to meet the Department of Health
standards. The impact to the environment will be minimized compared to
the current wastewater disposal.
8. The proposed treatment individual wastewater system 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.
9. 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.
10. 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.
2. The Safe Drinking Water Branch submitted the following comments:
A. Because the proposed improvement is being driven by the federal
ban on large-capacity cesspools, we do not object to granting the
variance; and
B. We recommend that the facility's consultant contact Norris Uehara
of the UIC Program at (808) 586-4258 to obtain backfilling
instructions to properly backfill the existing cesspools.
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.
David Kmttle Residence Variance Application WW 228, Docket No. 06-VWW-17
Findings of Fact and Conclusions of Law, Page 3
B. If seepage pits are used for effluent disposal, each septic tank shall
be fitted with an effluent filter(s).
C. If soil absorption beds or trenches are used for effluent disposal,
the existing cesspools 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.
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 treatment 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 operation.
2. If a soil absorption bed /leach lines are used, the existing cesspools shall be
abandoned per the requirements of the Underground Injection Control program
David Knittle Residence Variance Application V VW 228, Docket No. 06-VW W -17
Findings of Fact and Conclusions of Law, Page 4
of the Safe Drinking Water Branch. If the existing cesspool is used as a seepage
pit for the wastewater system, the seepage pit(s) shall be properly permitted by
the Underground Injection Control program.
3. The septic tank serving the three (3) -2 bedroom or bedroom-like rooms dwelling
units shall be enlarged to a minimum size of 1500 gallons.
4. Only two individual wastewater systems (IWS), with a combined maximum
design flow of 2,030 gallons per day will be allowed in the subject property. No
building modifications, alterations or additions will be allowed that will increase
wastewater flows from the existing design flow of 2,030 gallons per day. The
owners shall execute and file a covenant on the property stating that no increase
in the wastewater flow is allowed without the written consent of the Department
of Health. The covenant shall run with the title to the property and shall be
binding upon parties and their respective heirs, successors, and assigns.
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. The project shall connect to the County sewer service system should it become
available to the area.
DATED: Honolulu, Hawaii, November 22. 2006
~f.
THOMAS E. ARIZUMI, P.E.,OHIEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
David Knittle Residence Variance Application WW 228. Docket No. 06-VW W-17
Findings of Fact and Conclusions of Law, Page 5