HomeMy WebLinkAboutCOM 0002.000 2008-2010LINDA LINGLE
GOVERNOR OF HAWgII
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BO% 3378
HONOLULU, HAWAII 96801
CHIYOME LEINAALA FUKII'~, M. D.
DIRECTOR OF HEALTH
In reply, please reler to:
EMD/WB
WW 287 FINAL DEC CL
November 7, 2008
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CERTIFIED MAIL 7005 1160 0001 8381 4755
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RETURN RECEIPT REQUESTED ~`
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Mr. Ronald Nickel, P.E. °.r~.
Ronald Nickel, P.E., LLC _
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12-7109 Kalanuu Street ~ ~ r: ,~ i-i
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Pahoa, Hawaii 96778 ~
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Dear Mr. Nickel: Y -"
Subject: Variance Application No. WW 287 Docket No. 08-VWW-16
Upgrading of Existing Cesspools to Treatment Individual Wastewater
Systems on Lot Less than 10,000 square feet
Owners Deen Tsukamoto and Harry Tamura, Hana Hou Cafe
At 95-1148 Naalehu Spur Road, Naalehu, Hawaii
TMK: (3) 9-5-021: 005 8585 square feet -usable land
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on
Wednesday November 5, 2008 for five (5) years. We are enclosing for your information the
Findings of-Fact and Conclusions of Law.
Please note the variance conditions. If there are any questions relating to the variance, please
contact Mr. Tomas See, 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.E., CHIEF
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
c: Applicant - Mr. Deen Tsukamoto & Harry Tamura
Clean Water Branch
Environmental Planning Office
Safe Drinking Water Branch
Wastewater Branch -Kona Staff Engineer
Department of Water Supply -County of Hawaii
IsMct Health Office -Hilo
Hawaii County Council
FYI -Environmental Planning Office
Comm No.
Ref. To: ~~
Ref. Dafe Rariu a 7 9nmt
STATE OF HAWAII
DEPARTMENT OF HEALTH
the Matter of the Application
riance Application No. WW 287
Individual Wastewater System
Docket No. 08-VWW-16
sed Upgrade of Existing
pools to Treatment Individual
:water Systems on Lot Less than
J sf at 95-1148 Naalehu Spur Rd
hu, Hawaii TMK: (3) 9-5-021: 005
rs: Deen Tsukamoto and
Tamura, Hana Hou Cafe
DECISION AND ORDER
Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11,
ninistrative Rules and based upon the application and staff review, the Variance Request
n the provisions of Chapter 11-62, Section 11-62-31.1(a)(2)(A) is hereby GRANTED for five
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. Pretreatment of all food waste wastewater coming from the restaurant shall be
provided prior to entering the septic system. Pretreatment shall meet the
requirements of Chapter 11-62;
3. The total volume of the proposed two (2) septic tanks shall be enlarged to a
minimum of 2,500 gallons;
4. Anew injection-well seepage pit cannot be constructed for this facility
because the facility's location is above the UIC line. The reuse of an injection-
well cesspool as an injection well seepage pit shall only be allowed under a UIC
permit. Operating any injection-well seepage pit without a UIC permit is a
violation of Chapter 11-23 and is subject to a penalty and corrective action.
Owner/operator of an injection-well seepage pit must contact the UIC program at
(808)586-4258 for UIC permit application;
5. If a soil absorption bed/leach lines are used, the existing cesspool(s) shall
be abandoned per the requirements of the Underground Injection Control
program of the Safe Drinking Water Branch. Abandonment of an
injection-well cesspool required the filling of a UIC injection-well cesspool
abandonment application. Written UIC abandonment instructions must be first
issued to the applicant owner/operator before any abandonment field work
commences;
1 _ • _: ::i'~ ~•^Hana Hou Cafd, Owners Deen Tsukamoto & Harry Tamura
Variance.Application WW 287, Docket No. 08-VWW-16 Decision & Order Page 1
;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;
The project shall connect to the County sewer service system should it become
available to the area; and
9. 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) 58(i-4294 for technical information regarding treatment individual
wastewater systems.
-~ DATED: Honolulu, Hawaii, November 5. 2008 -
THOMAS E. ARIZUMI, IEF
Environmental Mana ~ ivision
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. 08-VWW-16 Decision & Order Page Z
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 287
for ,I,ndividual Wastewater System
Proposed Upgrade of Existing
Cesspools to Treatment Individual
Wastewater Systems on Lot Less than
10,000 sf at 95-1148 Naalehu Spur Rd
Naalehu, Hawaii TMK: (3) 9-5-021: 005
Owners: Deen Tsukamoto and
Harry Tamura,-Hana Hou Cafe
Docket No. 08-VWW-16
t
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Deen Tsukamoto and Mr. Harry Tamura, owners of Hana Hou Cafe,
for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section
11-12-31.1(a)(2)(A) was reviewed by the Department of Health staff. A public notice of the application
was printed in the August 26, 2008 issue of the Honolulu Star Bulletin and the August 27, 2008 issue
of the West Hawaii Today publications. Three (3) comments pertaining to the application were
rece;;ived during the 30 days following the publication of the public notice.
The individual authorized to act for the applicant, Mr. Ron Nickel, P.E., Ron Nickel, P.E.,
12-7109 Kalanuu Street, Pahoa, Hawaii 96778 has applied for afive-year variance from the
aii Administrative Rules (HAR), Section 11-62-31.1(a)(2)(A) which states "Developments
ving buildings other than dwellings. There shall be 10,000 square feet of usable land area for
individual wastewater system. Usable land area shall not include the area under the building."
The applicant is requesting the upgrade of existing cesspools (large capacity cesspools) for a
urant, an office, storage building, stand alone restrooms, and two (2) -one bedroom dwellings at
48 Naalehu Spur Road, Naalehu, Hawaii 96772 TMK (3): 9-5-021: 005 on a lot of 13,297
'e feet with only 8585 square feet of usable area.
The applicant has made the following statements.
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. 08-VWW-16
Findings of Fact and Conclusions of Law Page 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 1300 gallons per day.
2. 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.
3. The facility has been in operation for 58 years in this location using the existing
cesspool. The installation of a wastewater treatment plant that is in lieu of a septic
system will not be possible due to space restrictions and may force the owner to
abandon the business operation.
4. The facilities are currently hooked to a community cesspool. Anew treatment system
will be installed.
5. 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 ah
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, impact to the environment will be minimized.
6. Prevent loss of jobs. The LCC serving this facility has been in operation for 58 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.
The owner'may be forced to close the existing business and lay off the employees.
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 existing location of the facility is severely restrictive. There is simply no space to
construct a wastewater treatment plant.
10. The variance is requested for the maximum of five (5) years.
11. The following information is from the Information for Variance Evaluation by UIC
Program worksheet:
Facility Address is: 95-1148 Naalehu Spur Road, Owner: Deen Tsukamoto and Harry
Tamura, Island: Hawaii, TMK: (3) 9-5-021: 005, Lot Size: 13,297 sq. ft.
Action related to disposal is: build a new seepage pit.
Describe the disposal structure: Ieachfield 18 ft x 26 ft x 5 ft dp, seepage pit 9' x 16'.
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. OS-VWW-16
Findings of Fact and Conclusions of Law Page 2
Seepage. Pit: Existing: How many: Community Cesspool; New: How many: 1, Grd.
E1ev (g) ft 670, Diameter (d) ft 9, Depth (h) ft 16, Depth to Standing Water from Surface
if present: 0
Wastewater type: domestic.
~I~ Facility's wastewater flow in gallons per day: existing design 1300 gpd, future design
1300 gpd. Actual (measured or metered) Average 1200 gpd; Maximum 1300 gpd.
Plot maps have been attached to this application for variance but lannot be shown
ii here. .. ~'
The following agencies submitted the following comments:.
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 project site is situated °mauka" or above the Undergro Ind Injection Control
(UIC) line. Therefore, the property overlies or recharges a potential
,' underground source of drinking water. Hawaii Administrative Rules (HAR) Title
11, Chapter 23, prohibits new sewage injection wells abovethe UIC line;
B. Alarge-capacity cesspool or a seepage pit that. receives more than 1000
gallons per day of sanitary wastes, on any given day, is corisidered an injection
" well;
~ C. Anew injection-well seepage pit cannot be constructed for this facility because
the facility's location is above the UIC line;
D. The reuse of an injection-well cesspool as an injection well seepage pit shall
i only be allowed under a UIC permit. Operating ariy injectio ~ -well seepage pit
without a UIC permit is a violation of Chapter 11-23 and is subject to a penalty
and corrective action. Owner/operator of an injection-well seepage pit must
contact the UIC program at (808)586-4258 for UIC permit application; and
N E. Abandonment of an injection-well cesspool requires the fillirig of a UIC injection-
~ well cesspool abandonment application. Written UIC abandonment instructions
must be first issued to the applicant owner/operator before any abandonment
field work commences.
F. Because the proposed upgrade of the existing large-capacity cesspool is being
driven by the Federal ban on large-capacity cesspools, we Have no objection to
granting the variance.
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. 08-VWW-16
Findings of Fact and Conclusions of Law Page 3
Please contact Mr. Jaime Rimando at telephone (808)586-4258 if you have any
questions.
The Wastewater Branch states that there is no existing sewer service
system available for connection. We offer the following comments:
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. Pretreatment of all food waste wastewater coming from the restaurant shall be
provided prior to entering the septic system. Pretreatment shall meet the
requirements of Chapter 11-62;
C. Anew injection-well seepage pit cannot be constructed for this facility because
the facility's location is above the UIC line. The reuse of an injection-well
cesspool as an injection well seepage pit shall only be allowed under a UIC
permit. Operating any injection-well seepage pit without a UIC permit is a'
violation of Chapter 11-23 and is subject to a penalty and corrective action.
Owner/operator of an injection-well seepage pit must contact the UIC program
at (808)586-4258 for UIC permit application; ..
D. If a soil absorption bed/leach lines are used, the existing cesspool(s) shall be
abandoned per the requirements of the Underground Injection Control program
of the Safe Drinking Water Branch. Abandonment of an injection-well cesspool
required the filling of a UIC injection-well cesspool abandonment application.
Written UIC abandonment instructions must be first issued to the applicant
owner/operator before any abandonment field work commences;
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;
F. The covenant or warranty deed shall be recorded with the State of Hawaii
Bureau bf 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, 180
days prior to expiration date.
Therefore, upon the agreement of the conditions stated, we recommend the
raa ntino of this variance application.
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. 08-VWW-16
Findings of Fact and Conclusions of Law Page 4
Please contact the Planning & Design Section of the
(808) 586-4294 if you have any questions.
Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states 1
I by the Department unless the application and supporting information
inch at
shall be
show that:
The granting of the variance is in the public interest as defined in th'le Hawaii Revised
Statutes, Section 342D-6(c)(4). I
2. The granting of this variance will not substantially endanger human health or safety.
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.
the
Based upon the foregoing findings of fact, it is concluded that the above requirements have
met.
Based upon the foregoing findings of fact and conclusions of law, it is my recommendation that
riance request be GRANTED for five (5) years with the following conditions;
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. Pretreatment of all food waste wastewater coming from the restaurant shall be
provided prior to entering the septic system. Pretreatment shall meet the requirements
of Chapter 11-62; I
3. The total volume of the proposed two (2) septic tanks shall be enlarged to a minimum
of 2,500 gallons. ~
4. Anew injection-well seepage pit cannot be constructed for this facility
because the facility's location is above the UIC line. The reuse of a ~ injection-well
cesspool as an injection well seepage pit shall only be allowed under a UIC permit.
Operating any injection-well seepage pit without a UIC permit is a violation of Chapter
11-23 and is subject to a penalty and corrective action. Owner/operator of an injection-
well seepage pit must contact the UIC program at (808)586-4258 for UIC
permit application;
Hana Hou CafA, Owners Deen Tsukamoto & Harry Tamura
Variance Application WW 287, Docket No. 08-VWW-16
Findings of Fact and Conclusions of Law Page 5
,>
5. If a soil absorption bed/leach lines are used, the existing cesspool(s) shall
be abandoned per the requirements of the Underground Injection Control program of
the Safe Drinking Water Branch. Abandonment of an injection-well cesspool required .
the filling of a UIC injection-well cesspool abandonment application. Written UIC'
abandonment instructions must be first issued to the applicant owner/operator before
any abandonment field work commences; '
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 Bureauiof
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
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, November 5. 2008
THOMAS E. RIZUMI ., C IEF
Environmental Manag ivision
The foregoing findings of fact and conclusions of law are hereby adopted.
Hana Hou Cafe, Owners Deen Tsukamoto & Harry Tamura
Variance.Application WW 287, Docket No. 08-VWW-16
Findings of Fact and Conclusions of Law Page 6
f
Tr ittal Date: ,
Wrra~ter &anch Variance A ion Docket Iwo. - VWW - APP # WW
Net»+~lTi~:
Sub Fi~tal nad Decision Cover Letter, Si derision rder & Flndin of Fsct b Condu~icxn of Law
Rour E to:
A icant•
A nt:
Director of Health - Ch' me Leinaala Fukino
De Director for Environmental Health Administration -Laurence Lau
Chief, EMD -Thomas E. Ari=umi .
Attorne General's Office - De u Attorne Edward "Ted" Bohlen
Clean Water Branch -Alec Won .
Environmental Plarmi Office -Kelvin Sunada ,
Sarfa Drinkin Water Branch - Stuart Yamada •
Sanitation Branch -Commercial Pro erties Onf
Wastewater &anch Staff Peraorx~si
[ 1 Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ x l Kona -Dane Hiromasa (TMKs 5, 8, 7, 8, 9) '
[ 1 Kauai -Lori Vetter
[ ]Maui -Roland Tejano
[ 1 Oahu - Johnn O
Water Departments
[ )Board of Water Supply -Clifford Wm _
[ ~ ] County of Hawaii Dept of Water Supply -Milton Pavao ,
[ l County of Maui Dept of Water Supply - Jeffroy Eng
[ ]Kauai Coun De rtment of Water -Edward T
I 1 Maui DHO -Herbert Matsubayeshi, District Environmental Health Pro~am Chief
I I Kauai DHO - ,District Environmental Health Program Chief
[ Hllo DHO - Ammon Ueno District Ernironmental Health Pro am Chief
C 8 Coun of Honolulu, De artment of Plann' ~ Perm'
[ ] Cou of Council / [ } Honolulu "~ Coun Council •
Oahu Nei hborhoo Board ~
~( Here is the FINAL SIt3NED Decision & Order and F'
The attached is for your information to file or discafd ~ s of Fact 8~ Conclusions of Law.
r uired. Thank you for vour assisrnnr•_n in *r,..ti.r:.~..e~ d~~~~'_ ~ motion is
From: Department of Health -Wastewater Branch
919 Ala Moans Blvd. Room 309
Honolulu, Hawaii 988144920
phone (808) 686-4294 fax {808) 586-4300
p:lc templwwb - 2008 variance route slip -final dscision.doc as of 07/18/2008