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LINDA LINGLE
CNIVOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII g{ p j, DIRECTOR JF!iEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH rry,a~
P.O. BOX 3378 In rel®r,lease refer to
HONOLULU, HAWAII 96801 ME) / WE
1 DT Dec-QL
April 7, 2008
s
Mr. Peter J.K. Dahlberg
1-r.-; -
Peter J.K. Dahlberg, P.E., LLC 3
77-6238 C Mamalahoa Highway ca
Holualoa, Hawaii 96725
cn
Dear Mr. Dahlberg:
Subject: Variance Application No. WW 271 Docket No. 07-VWW-29
George Matsumoto Owner - Proposed Use of an Existing Cesspool
to be Converted to a Seepage Pit for Effluent Disposal of Dwelling Units
with Total of Six (6) Bedrooms, Three (3) with Kitchens
which Exists in One (1) Dwelling
75-149 Lunapule Road, Kailua-Kona, Hawaii 96740
TMK: (3) 7-5-018: 038
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings
of Fact and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Tomas See, Chief of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294,
fax (808) 586-4300 no later than the close of business on May 2, 2008. If we do not hear
from you by the above date, the draft will be finalized. If you wish to discuss our decision
and add any additional information, please call our office before the above date.
Sincerely,
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures. Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Sanitation Branch
Wastewater Branch - Kona Staff Engineer
Board of Water Supply Glomm, No.
Department of Water Supply - County of Hawaii
District Health Office - Hilo Ref. Tow
,,Hawaii County Council Ref. Date APR 14 2(a
Applicant - Mr. George Matsurnoto
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-29
Variance Application No. WW 271 )
for Individual Wastewater System )
Proposed Use of an Existing Cesspool )
To be Converted to a Seepage Pit for ) DRAFT - SIGNATURE NOT
Effluent Disposal of Dwelling Units with Six (6)) REQUIRED
Bedrooms, Three (3) with Kitchens which )
Exists in One (1) Dwelling owned by )
George Matsumoto at 75-149 Lunapule Road )
Kailua-Kona, Hawaii TMK: (3) 7-5-018: 038 )
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 and11-62-31.1(a)(2)(D)
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. The septic tank shall be fitted with an effluent filter.
3. The septic tank serving the dwelling units with a total of six (6) bedrooms or
bedroom-like rooms shall be enlarged to a minimum size of 1500 gallons.
4. If the proposed seepage pit receives more than 1000 gallons per day
(gpd) of wastewater, Underground Injection Control (UIC) regulations are
applicable and a UIC permit will be required to continue the operation of the
injection-well cesspool as a seepage pit. We recommend that the facility's
consultant contact Mr. Norris Uehara of the UIC program at telephone (808)
586-4258 to discuss UIC regulatory requirements.
5. 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.
The covenant shall run with the title to the property and shall be binding upon
the parties and their respective heirs, successors and assigns.
George Matsumoto - Variance Application WW271, Docket No. 07-VWW-09 - Decision & Order Page 1
6. 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.
7. The project shall connect to the County sewer service system should it
become available to the area.
8. 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,
Draft - Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
George Matsumoto - Variance Application WW271, Docket No. 07-VWW-09 - Decision & Order Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 07-VWW-29
Variance Application No. WW 271 )
for Individual Wastewater System )
Proposed Use of an Existing Cesspool )
To be Converted to a Seepage Pit for ) DRAFT - SIGNATURE NOT
Effluent Disposal of Dwelling Units with a Total) REQUIRED
Of Six (6) Bedrooms, Three (3) with Kitchens )
which Exists in One (1) Dwelling owned by )
George Matsumoto at 75-149 Lunapule Road )
Kailua-Kona, Hawaii TMK: (3) 7-5-018: 038 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. George Matsumoto of Kailua-Kona, Hawaii for a five (5)
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-
003 and 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 January 8, 2008 issue of the Honolulu Star
Bulletin and the January 10, 2008 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 Dahlberg of Peter
J.K. Dahlberg, P.E., LLC, Holualoa, 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
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
Findings of Fact and Conclusions of Law Page 1
system." and Section 11-62-31.1(a)(2)(D) "The total wastewater flow into each
individual wastewater system shall not exceed 1,000 gallons per day."
The applicant has stated that the requested variance if for HAIR Section 11-62-
31.1(a)(1)(D), flow into proposed the individual wastewater system (IWS) exceeds five
(5) bedroom / 1000 gpd. Six (6) bedrooms (3 with kitchen BOTH upper & lower) exist in
one (1) dwelling. Estimated design flow is 1200 gpd. Proposed treatment unit is 1500
gallon septic tank (variance requested for HAR Section 11-62-31.1(a)1-D, (a)2-D),
existing cesspool to be converted to seepage pit for effluent disposal. The location of
the dwelling is 75-149 Lunapule Road, Kailua-Kona, Hawaii TMK: (3) 7-5-018: 038,
10,360 square feet.
The applicant has made the following statements.
1. The area of the lot is 10,360 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.
2. 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 1200 gallons per day.
3. A new 1500 gallon septic tank with effluent filter is proposed and
conversion of the existing cesspool to seepage pit has been
recommended as the most feasible solution, given the small property size,
and location of existing structure and property lines.
4. 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.
5. The current State requirement of a wastewater treatment plant would
significantly add to the construction cost as well as require a much greater
outgoing maintenance cost.
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 wastewater
treatment system compared to the existing LCC. Therefore minimizes
impact to the environment.
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
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 constructed 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 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.
9. The owner of the facility simply cannot afford to build and operate
wastewater systems meeting all the requirements of HAR 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 deny 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 have no objection to granting
the variance; and
B. If the proposed seepage pit receives more than 1000 gallons per
day (gpd) of wastewater, Underground Injection Control (UIC)
regulations are applicable and a UIC permit will be required to
continue the operation of the injection-well cesspool as a seepage
pit. We recommend that the facility's consultant contact Mr. Norris
Uehara of the UIC program at telephone (808) 586-4258 to discuss
UIC regulatory requirements.
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
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
Findings of Fact and Conclusions of Law Page 3
addition, the treatment IWS shall be approved in writing before
being placed into service.
B. The septic tank shall be fitted with an effluent filter.
C. The septic tank serving the dwelling units with a total of six (6)
bedrooms or bedroom-like rooms shall be enlarged to a minimum
size of 1500 gallons.
D. If the proposed seepage pit receives more than 1000 gallons per
day (gpd) of wastewater, Underground Injection Control (UIC)
regulations are applicable and a UIC permit will be required to
continue the operation of the injection-well cesspool as a seepage
pit. We recommend that the facility's consultant contact Mr. Norris
Uehara of the UIC program at telephone (808) 586-4258 to discuss
UIC regulatory requirements.
E. 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. The covenant shall
run with the title to the property and shall be binding upon the
parties and their respective heirs, successors and assigns.
F. 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.
G. The project shall connect to the County sewer service system
should it become available to the area.
H. 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.
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
Findings of Fact and Conclusions of Law Page 4
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. The septic tank shall be fitted with an effluent filter.
3. The septic tank serving the dwelling units with a total of six (6) bedrooms
or bedroom-like rooms shall be enlarged to a minimum size of 1500
gallons.
4. If the proposed seepage pit receives more than 1000 gallons per day
(gpd) of wastewater, Underground Injection Control (UIC) regulations are
applicable and a UIC permit will be required to continue the operation of
the injection-well cesspool as a seepage pit. We recommend that the
facility's consultant contact Mr. Norris Uehara of the UIC program at
telephone (808) 586-4258 to discuss UIC regulatory requirements.
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
Findings of Fact and Conclusions of Law Page 5
5. 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. The covenant shall run with the title to the property
and shall be binding upon the parties and their respective heirs,
successors and assigns.
6. 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.
7. The project shall connect to the County sewer service system should it
become available to the area.
8. 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,
Draft - Signature NOT required
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
George Matsumoto - Variance Application WW 271, Docket No. 07-VWW-29
Findings of Fact and Conclusions of Law Page 6
Transmittal Date: 4'plyi--9'i ~ Suspense Date: r
Wastewater Branch Variance Application Docket No. 2 VWW - APP # WW
Name/Title: ulmmp
Subject: Draft Decsi n Let er with ecision & Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant:
--Agent:
Director of Health - C iyome Leinaala Fukin
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 - Commercial Properties Only
Wastewater Branch Staff Personnel
[ -11 Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ Hilo - Jerry Nu nogawa (TMKs 1, 2, 3, 4)
[ 1 Kauai - Lori Vetter
( ] Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
I ] Board of Water Supply - Clifford Lum
(>-q County of Hawaii Dept of Water Supply - Milton Pavao
( 1 County of Mau: Dept of Water Supply - George Y. Tengan
[ 1 Kauai County Department of Water - Ed ward Tschupp
[ 1 District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
[ ] District Health Office - Kauai - Clyde T akekuma, Chief Sanitarian
r` District Health Office - Hilo - Aaron Ueno , Chief Sanitarian
City & Count of Honolulu, Department of Planning & Permitting
County of p( Council
Oahu Neighborhood Board #
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing on a
separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or
discard. The SIGNED FINAL Decision & Order will be forthcoming.
If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Received by WWB / r p:1c templwwb - 2007 variance route slip - Draft De c.doc 03/21/2007