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HomeMy WebLinkAboutCOM 0979.000 2006-2008 'f '.•1959 ~ 7 V k LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH js STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801 k D / WB i~ Gc? 27~f N CL 1 June 12, 2008 = . , N m -C Mr. Paul Nash P.O. Box 11188 Hilo, Hawaii 96721 C73 CD Dear Mr.Nash: Subject: Variance Application No. WW 278 Docket No. 08-VWW-07 Large Capacity Cesspools at Multiple Dwelling located 62-1194 Puahia Street, Waimea, Hawaii 96743 TMK: (3) 6-2-006: 05017,848 square feet 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 follo g agency agencies for assistance in the publishing of the public notice (names and emails may ha changed - this is only basic information on file): Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Suite 500, Honolulu, Hawaii 96813 Contact Lisa at phone (808) 529-4344 or Rose at (808) 529-4825, fax (808) 529-4829, email lira@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808) 329-9311 fax (808) 329-3659 email llogan@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 the newspaper agency 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. Noa, q 14 Ref. To, Ref, Date_ JU 24 2008 Mr. Paul Nash June 12, 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, ~d¢ T 2ALSE. ~aIZUMI, P.E., CHIEF Environmental Management Division Enclosures: Receipt No. 13900 Public Notice c: Applicant - Ms. Belinda Barnes 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 VHawaii County Council WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 278 DOCKET NO. 08 - VWW - 07 Pursuant to H.R.S. Section 342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested,persons regarding the following. Belinda Barnes of 45-226 Kahanahou Circle, Kaneohe, Oahu has applied for a variance for the five (5) years as stated in the variance application from Hawaii Administrative Rules (HAR) 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." Mr. Paul Nash, Civil Engineer at P.O. Box 11188, Hilo, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the continued use of one (1) of the existing cesspools (serving three (3) bedrooms) and to construct and install a septic system to serve the other remaining three (3) bedrooms at 62-1194 Puahia Street, Waimea, Hawaii 96743, TMK: (3) 6-2-006: 050, 17,848 square feet. The applicant has made the following comments. 1. The requested variance is for HAR Section 11-62-31.1(a)(1)(A). The lot is CPRed into two (2) parcels. On each parcel is a three (3) bedroom dwelling. Both dwellings share an existing cesspool. The total size of the lot is 17,848 square feet. There is insufficient land area for a second IWS. 2. The area of the lot is 17,848 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one (1) IWS per 10,000 square feet of lot area. 3. The two (2) dwellings that share the existing cesspool were built in 1989. Each dwelling has three (3) bedrooms and is legally permitted. (The tax records say that each unit has two (2) bedrooms and each has a total of five (5) rooms. The floor plan I submitted shows each unit with three (3) bedrooms and each with a total of five (5) rooms. In each dwelling, I have considered the den (as labeled on the floor plans) to be a bedroom because it could be used as a bedroom. I believe that the tax office simply didn't consider the den to be a bedroom, and thus the discrepancy.) 4. The existing LCC will be reduced to a legal cesspool serving only three (3) bedrooms. A septic system will be installed to serve the other three (3) bedrooms. 5. 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. 6. 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. 7. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 8. The variance is requested for five (5) years. A plot map has been attached to this application for variance but cannot be shown here. If you would like to review the complete application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Rm. 309, Honolulu, HI 96814-4920, phone (808) 586-4294 and/or fax (808) 586-4300 to obtain a facsimile. DOH will consider all written comments received within 30 days of this notice. If warranted, DOH may hold a public hearing on the variance application, after receipt of separate related documents and written comment, if any. Chiyome Leinaala Fukino, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. WWS* Environmental Management Division Docket No. jVL - VWW - APPLICATION FOR VARIANCE - Primarily Concernina Larae Capacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8'/2" x 11" format (for copying purposes). 1. GENERAL INFORMATION (please print or type): A. Name: 56-L~Il`10f% I~JA21`1,~5 (Corporation, company, agency, firm, etc. seeking variance) Mailing address: ~5 ?.Z ~o K a Nit lA 14 CLT C te_c,L,S- KAK&-0NF,_{ I-~I ~~7q4 o rs 14 V (City) (Island) (Zip code) Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ ] Non-Residential LCC [ j Retail Business [ j Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ] Restaurant / food establishment [ ] Others, please specify: [ v)' Res' ential LCC [ Multiple dwelling [ ] Community system [ ] Regional system [ ] Others, please specify: Provide location of existing cesspool(s): Tax Map Key No. ( ) <o - 0 06 : O 6-O Application for LCC Variance.doc vww as of December 9, 2004 Page 1 of 6 1=Oahu 2=Maui 3=13ig Island 4=Kauai GZ -Iv94 PvA6}l 4 S-t-P-CVT- (number) (street) WAiN4GA E4 ( X6743 (City) (Island) (Zipcode) B. Individual authorized to act for applicant: CIVIL Name: PA V A PJ ASIA Title: C--M6, (t-3 E_ Address: P 0. l30 V- 1 1 1 `fig aIL_o 41 967221 (City) (Island) (Zip code) Phone No.: SO8 65 -7 350 Fax No.: lff)0$ 9(05 9 3 f Email Address: Z~7_.., V1 Q5 E"1 a h00 . C0 wl C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check applicable sections: [ j 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. " [ 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)91)(C) "For residential developments. Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before the effective date of this rule. For lots less than 10,000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. " [ ] Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under the buildings." [ ] Section 11-62-31.1(a)92)(B) "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 the effective date of this rule. For lots less than 10,000 square feet Application for LCC Variance.doc vww as of December 9, 2004 Page 2 of 6 which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed." [l 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•) EEGLO ES"rT-fP \/A-IZIAtAC-E IS, Fog 14412- SEc--no N r 1-62~1.1 7-14 r, L-0 T- 15 C PR eel n/ Ta -rW d pith P- G e-L 5, 0 l'/ x'904 pA 2c EL IS A THte C-E 86T>900M r,>VIGL -5c1W t2WELL /DIGS s14A2g- An/ j~5~6 i5TtAl ( CE5S Poo L. 7D7-4 L / z6 or- TIE LoT /S 17, 94F3 S F. 7 1452E !`S 1A(5 UFrIr-I bW T "AJC) A12a Fo P- A S FCoAJ p /"S. 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 / -719 4 3 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 gallons per day. ( j If not in the choices, please specify. C. Describe in detail why the present or proposed equipment and/or operating conditions cannot Application for LCC Variance.doc vww as of December 9, 2004 Page 3 of 6 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 add to the construction cost as well as require a much greater ongoing maintenance cost. ( ] The facility has been in operation for 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. 7'/4 a 7-w © 67, L t m 6 S 7d 4 T q~ARE 774E / ST'itilG CE~SPo© t-. wr,-P6aon- " 'N /qg7, 4F1?CW OWELLinlC gAS 3 f36'D2od ~!S Al*-/D r5 t,6-6ALLy nF2AAITT EEP. 0. 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). [ ] 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. [?f rHf- OX157-11VG I.GG Wl1,1, 8& 2&'r>11c61> TU A 1,E6 A L e F-S S Pao~/'t~_~ S V ~1 G o N c.1 3 t3 Ep/~,~a M.S. A SE-P77 C SYS/ ~~/A1 W/LL •?e-,- IAt S7/ 1- t- M 5ie2Vm. 7W6- oTV-R 3 f5672,eooA4 S . (2) The granting of the variance will not substantially endanger human health or safety. [ ] 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. Application for LCC Variance.doc vww as of December 9, 2004 Page 4 of 6 [ Vf / 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. [ j 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. [?j 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. Jd 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 "Affachment E-1"). Check applicable amount of time requested. a 5 years [ j 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-11"). III. CERTIFICATION: I, F'A U L Js. • N A s G ~y L- F- ~1 f N (print name) (print title) certify that I have know dge of the facts herein set forth and that the same are true and correct to the best of my knowledg a lief., Signature: 4 (/ice V1 -1 Date: LO $ DO NOT WRITE LOWQ-FOR AGENCY USE ONLY IV. Date Application received: 2 t/ WO e) Application for LCC Variance.doc vww as of December 9, 2004 Page 5 of 6 V. Application No.: V Y 2~ VI. Docket No.: OCW NO. 0 V - v Y r' -"7 VII. Received by: ?N n v Check # (0 L VIII. Filing fee ($300.00) check date: 4 .1 IX. Department of Health Receipt # L 0 v X. Decision on Application (including date): XI. Date of Public Hearing: Application for LCC Variance.doc vww as of December 9, 2004 Page 6 of 6 U N MD ~ ?W~ OZ 0 Z 0 LA d $ a ~~N } I .9 jz~ sa i$ V u J a -IT 2 ,h f ~ -XVV Transmittal Date: Suspense Date:U 1419 o" Wastewater Branch Variance Application Docket No. 06 -VWW- APP WW Name/Title: ~Q V I.Lv Subject: Cover Letter, Public Notice and Variance Application ROUTE TO: Applicant A ent: Q (AL Director of Health - C i ome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, EMD - Thomas E. Arizumi Attorney General's Office - Deputy Attorney Edward "Ted" Bohlen Clean Water Branch - Alec Won • Environmental Planning Office - Kelvin Sunada • Safe Drinking Water Branch - Stuart Yamada • Sanitation Branch - Commercial Prop rties Only Wastewater Branch Staff Personnel [ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) • [ Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ ] Kauai - Lori Vetter [ ] Maui - Roland Tejano Oahu - Johnny On 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 Kauai Count Department of Water - Edward Tschu [ I Maui DHO - Herbert Matsubayashi, District Environmental Health Program Chief [ I Kauai DHO - , District Environmental Health Program Chief Hilo DHO - Aaron Ueno, District Environmental Health Program Chief - City & County of Honolulu, Department of Planning & Permitting County of Vtf-pl, ' Council / Honolulu City & County 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 Title 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 WWB / / pAc templwwb - 2008 variance route slip - CL PN App.doc 01/28/2008