HomeMy WebLinkAboutCOM 1092.000 2006-2008
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LINDA LINGLE__ } CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD / WB
WW 272 FINAL DEC CL
May 8, 2008
CERTIFIED MAIL 7007 0220 0004 6739 6726
RETURN RECEIPT REQUESTED
Mr. Stephen J. Herbert
Stephen J. Herbert, P.E., Inc.
74-5606 Pawai Place #203
Kailua-Kona, Hawaii 96740
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
Please find enclosed the Department of Health's Decision and Order regarding the
above mentioned application for variance request which was GRANTED on Friday
May 2, 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, Branch Chief of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808)
586-4300.
Sincerely,
> a
THOMAS E. ARIZUMI, P.E.- GAEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Applicant - Mr. Garrick Yanabu
Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
v6epartment of Water Supply - County of Hawaii
District Health Office - Hilo
Hawaii County Council
Comm. No.
Ref. To:
Ref. Date„ Jig 24
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P
V
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 08-VWW-01
Variance Application No. WW 272 )
for Individual Wastewater System )
)
The Ponderosa Apartments, Owner )
Garrick Yanabu, c/o Mary Love Realtor )
Continued use of an Existing Cesspool )
Serving Two (2) Apartment Buildings )
With a Total of Nine (9) Bedrooms )
Located at 75-154 Lunapule Road )
Kailua-Kona, Hawaii }
TMK: (3) 7-5-018: 047 )
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(1)(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. Each septic tank shall be fitted with an effluent filter(s).
3. The total volume of the proposed two (2) septic tanks shall be enlarged to a
minimum of 2,500 gallons.
4. If the existing cesspool is used as a seepage pit for the wastewater system, the
seepage pit shall be properly permitted by the Underground Injection Control
program.
5. The proposed two septic tanks for the two apartment buildings will be considered
collectively as one (1) individual wastewater system (IWS) by the State of Hawaii
Department of Health, and the combined number of bedrooms or bedroom-like
rooms (as determined by the Department of Health) in the two apartment
buildings cannot exceed the existing nine (9) bedrooms or bedroom-like rooms.
6. 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.
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Decision & Order Page 1
7. 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.
8. The project shall connect to the County sewer service system should it become
available to the area.
9. There is no automatic renewal. Should applicant wish to renew his variance,
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, May 2, 2008
THOMAS E. ARIZUMI, P.E`, IEF
Environmental Management Division
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Decision & Order Page 2
T
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 08-VWW-01
Variance Application No. WW 272 )
for Individual Wastewater System )
The Ponderosa Apartments, Owner )
Garrick Yanabu, c/o Mary Love Realtor )
Continued use of an Existing Cesspool )
Serving Two (2) Apartment Buildings )
With a Total of Nine (9) Bedrooms )
Located at 75-154 Lunapule Road )
Kailua-Kona, Hawaii )
TMK: (3) 7-5-018: 047 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Garrick Yanabu, c/o Mary M. Love Realtor at 75-127 Lunapule
Road, Kailua-Kona, Hawaii for a five (5) year variance from Hawaii Administrative Rules,
Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(1)(D) was reviewed by the Department
of Health staff. A public notice of the application was printed in the January 18, 2008 issue of
the Honolulu Star Bulletin and the January 25, 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. Stephen Herbert of Stephen
J. Herbert, P.E., Kailua-Kona, Hawaii has applied for a five-year variance from the Hawaii
Administrative Rules (HAR), Section 11-62-03 Definitions states "Individual wastewater system
means a facility which is designed to receive and dispose of no more than one thousand gallons
per day of domestic wastewater. Each individual wastewater systems includes all connected
plumbing, treatment (if any), and disposal components that could, if not connected, serve as
separate wastewater systems." 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."
The applicant has stated that the 11,347 square feet parcel has two (2) apartment
buildings that have a total of nine (9) bedrooms, and 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 r
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Findings of Fact and Conclusions of Law Page 1
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,
Kailua-Kona, Hawaii TMK: (3) 7-5-018: 047.
The applicant has made the following statements.
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
1,800 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 in 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.
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 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. UIC permitting is applicable to any 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 a
UIC permit is a violation of Chapter 11-23 and is subject to corrective
action which may include penalties. The owner/operator of
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Findings of Fact and Conclusions of Law Page 2
Y
an injection-well seepage pit must contact the UIC program at (808) 586-
4258 for UIC permit application; and
C. Because the proposed upgrade of the existing LCC to a septic system is
being driven by the Federal ban on large-capacity cesspools, we have no
objection to granting the variance.
Please call Mr. Jaime Rimando at (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 total volume of the proposed two (2) septic tanks shall be enlarged to
a minimum of 2,500 gallons.
D. If the existing cesspool is used as a seepage pit for the wastewater
system, the seepage pit shall be properly permitted by the Underground
Injection Control program.
E. The proposed two septic tanks for the two apartment buildings will be
considered collectively as one (1) individual wastewater system (IWS) by
the State of Hawaii Department of Health, and the combined number of
bedrooms or bedroom-like rooms (as determined by the Department of
Health) in the two apartment buildings cannot exceed the existing nine (9)
bedrooms or bedroom-like rooms.
F. 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.
G. 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.
H. The project shall connect to the County sewer service system should it
become available to the area.
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Findings of Fact and Conclusions of Law Page 3
A
I. There is no automatic renewal. Should applicant wish to renew his
variance, applicant must submit an Application for Variance for renewal,
180 days prior to expiration date.
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. The total volume of the proposed two (2) septic tanks shall be enlarged to a
minimum of 2,500 gallons.
4. If the existing cesspool is used as a seepage pit for the wastewater system, the
seepage pit shall be properly permitted by the Underground Injection Control
program.
5. The proposed two septic tanks for the two apartment buildings will be considered
collectively as one (1) individual wastewater system (IWS) by the State of Hawaii
Department of Health, and the combined number of bedrooms or bedroom-like
rooms (as determined by the Department of Health) in the two apartment
buildings cannot exceed the existing nine (9) bedrooms or bedroom-like rooms.
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Findings of Fact and Conclusions of Law Page 4
t
6. 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.
7. 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.
8. The project shall connect to the County sewer service system should it become
available to the area.
9. There is no automatic renewal. Should applicant wish to renew his variance,
applicant must submit an Application for Variance for renewal, 180 days prior to
expiration date.
DATED: Honolulu, Hawaii, May 2, 2008
THOMAS E. A IZUMI, P.E; IEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Ponderosa Apartments - Variance Application WW 272, Docket No. 08-VWW-01
Findings of Fact and Conclusions of Law Page 5
-a
Transmittal Date: r Y-UU
Wastewater Branch ariance A (ication Docket No. VWW - APP # WW
Name/Title:
Subject: Final Signed Decision C ver Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO: •
Applicant:
Agent: <
Director of Health - Chi a 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 - 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 - Johnny On
f, Water Departments
[ ] Board of Water Supply - Clifford Lum
[ County of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - George Y. Tengan
i Kauai County Department of Water - Edward Tschu
j [ ] District Health Office - Maui - Herbert Matsubayashi, Chief Sanitarian
i ; [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian
? District Health Office - Hilo - Aaron Ueno, Chief Sanitarian
City & Coun of Honolulu, Department of Plannin & Permitting
County of Council
Oahu Neighborhood Board #
NO ACTION REQUIRED:
Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
I 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: Department of Health - 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 12/10/2007