HomeMy WebLinkAboutCOM 0040.000 2008-2010LINDA LINGLE
GOVERNOR OF HAWAII
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BO%3376
HONOLULU, HAWAII 96601
December 2, 2008
Ms. Bobby Jeari Leithead-Todd, Director
Department of Environmental Management
' County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Attn: Mr. Lyle Hirota
Dear Ms. Leithead-Todd:
CNIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
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In t~`p-ty, please refer to:
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W W:290 Draft Dec"CL'
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Subject: Variance Application No. WW 290 Docket No. 08-VWW-19
County of Hawaii -Variance regarding Total Suspended Solids (TSS) Effluent
Limitations at 75-5220 Queen Kaahumanu Highway,
Kailua-Kona, Hawaii TMK: (3) 7-4-008: 058
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also ericlosing for your information the Findings of Fact
and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Tomas See, Branch 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 December 26, 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,
i
THOMAS E. RA IZUMI, P. ., IEF
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch-Kona Staff Engineer
Department of Water Supply -County of Hawaii
/District Health Office -Hilo
./ Hawaii County Council
Comm. No. T`~
Ref. To: '~
Ref. Date__~j)EC 8 2t]D8
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application )
Variance Application No. WW 290 for )
County of Hawaii -Variance Request )
regarding Total Suspended Solids (TSS) )
Effluent Limitations at 75-5220 Queen )
Kaahumanu Highway, Kailua-Kona, Hawaii )
TMK: (3) 7-4-008: 058 )
Docket No. 08-VWW-19
DRAFT -SIGNATURE NOT REQUIRED
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 11-62-26(b)(2)(c) is hereby GRANTED for five
(5) years with the following provisions:
The variance application for total suspended solids (TSS) effluent limitations
established by HAR Section 11-62-26(b)(2)(c) be applicable for a period of five
(5) years.
2. The facility's TSS effluent limits shall be as follows:
a. The 7-day average shall not exceed 65 mg/I; and
b. The 30-day average shall not exceed 45 mg/I/.
3. By December 2011, the aeration upgrades and sludge removal work for the
facility should be completed. This work will include reclassifying the facility to
meet alternative secondary treatment limits.
4. There is no automatic renewal. Should the applicant wish to renew his variance
application, the applicant must submit an Application for Variance for renewal,.
180 days prior to expiration date. '
Please contact the Wastewater Branch's Planning 8 Design Section at
(808) 586-4294 for technical information regarding treatment individual
wastewater systems.
5. Therefore, upon the agreement of the conditions stated, we recommend the
rag nting of this variance application.
DATED: Honolulu, Hawaii,
. ,
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.... _ ...._ .v• 1.ia
Draft -Signature NOT required.
Thomas E. Arizumi, P.E.
Chief, Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 08-VWW-19
Variance Appiication No. WW 290 for )
County of Hawaii -Variance Request )DRAFT -SIGNATURE NOT REQUIRED
regarding Total Suspended Solids (TSS) ) "
Effluent Limitations at 75-5220 Queen )
Kaahumanu Highway, Kailua-Kona, Hawaii )
TMK: (3) 7-4-008: 058 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from The County of Hawaii at 25 Aupuni Street, Hilo Hawaii for a five (5)
year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-26(b)(2)(c)
was reviewed by the Department of Health staff. A public hotice of the application was printed in
the October 14, 2008 issue of the Honolulu Star Bulletin and the October 14, 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, Ms. Bobby Jean Leithead-Todd, Director,
Department of Environmental Management, County of Hawaii is the individual authorized to act for
the applicant. The applicant is requesting the variance from Section 11-62-26(b){2)(c) Wastewater
Effluent requirements, recycled water quality, and monitoring requirements applicable to treatment
works treating domestic wastewater. Treatment works' effluent and other parameters shall be
monitored as follows and shall not exceed the following limits: Suspended solids in the effluent
from a treatment works shall not exceed 30 miligrams per liter based on the arithmetic average of
the results of the analyses of composite samples. The location is the Kealakehe Wastewater
Treatment Plant at location
75-5220 Queen Kaahumanu Highway, Kailua-Kona, Hawaii at TMK (3) 7-4-008: 058.
The applicant has made the following statements.
Presently the facility is a 5-lagoon treatment system operated in series with
lagoons 1, 2 arid 3 operated as partial mix aerated lagoons and lagoons 4 and 5
operating as facultative lagoons in order to meet 5 day BOD effluent limits.
2. The long detention times resulting from operation of all 5 lagoons in series has
resulted in algal growth in the lagoons resulting in exceedances of TSS effluent
County of Hawaii, Total Suspended Solids -Variance Application WW 290, Docket No. 08-VVVW-19
Findings of Fact and Conclusions of Law Page 1
limitations of 30 mg/I established by HAR Section 11-62-26(b)(2)(c).
3. Presently, the County has contracted an engineering consulting firm who will
assist with upgrading the Aeration System at the facility and remove accumulated
sludge from the lagoons. The scope of work will include reclassification of the
t<WWTP to meet alternative secondary treatment limits. Projected completion for
the aeration upgrade is January 2011 and projected removal of sludge is
July 2011.
4. It is requested that the variance from TSS effluent limitations established by
HAR section 11-62-26(b)(2)(c) be applicable for a period of five (5) years.
Although both Aeration Upgrade and Sludge Removal work are projected to be
completed in 2011 only funding for the Aeration Upgrade work has been secured
at this time. Due to the present economic outlook and lack of SRF funding, the
additional time is requested to allow securing of funding for the Sludge Removal
Work and to allow for any delays in design completion and/or construction
completion.
5. Effective treatment by the facility is maintained as evidenced by the low 5-day
BOD readings and high removal efficiencies achieved by the facility during the
same period as exceedances of TSS effluent limitations.
6. Additional comments and plot graphs have been attached to this application for
variance but can not be shown here.
This application for variance is requested for five (5) years.
The following agencies submitted the~following comments:
The Clean Water Branch submitted the following comment:
We will defer to the Wastewater Branch's final decision.
2. The Safe Drinking Water Branch submitted the following comments:
We have no remarks to offer.
Please contact Mr. Chauncey Hew at 586-4258 if you have any questions.
3. The Wastewater Branch submitted the following comments:
A. The variance application for total suspended solids (TSS) effluent
limitations established by HAR Section 11-62-26(b)(2)(c) be applicable for
a period of five (5) years.
B. The facility's TSS effluent limits shall be as follows:
The 7-day average shall not exceed 65 mg/I; and
County of Hawaii, Total Suspended Solids -Variance Application WW 290, Docket No. 08-VWW-19
Findings of Fact and Conclusions of Law Page 2
2. The 30-day average shall not exceed 45 mg/I/.
C. By December 2011, the aeration upgrades and sludge removal work for
the facility should be completed. This work will include reclassifying the
facility to meet alternative secondary treatment limits.
D. 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.
E. Therefore, upon the agreement of the conditions stated, we recommend
the rantin of this variance application.
Please contact the Planning & Design Section of the Wastewater Branch
at 586-4294 if you have any questions.
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:
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:
County of Hawaii, Total Suspended Solids -Variance Application WW 290, Docket No. 08-VWW-19,
Findings of Fact and Conclusions of Law Page 3
'~}
The variance application for total suspended solids (TSS) efFluent limitations
established by HAR Section 11-62-26(b)(2)(c) be applicable for a period of five
(5) years.
2. The facility's TSS effluent limits shall be as follows:
a. The 7-day average shall not exceed 65 mg/I; and
b. The 30-day average shall not exceed 45 mg/I/.
3. By December 2011, the aeration upgrades and sludge removal work for the
facility should be completed. This work will include reclassifying the facility to
meet alternative secondary treatment limits.
There is no automatic renewal. Should the applicant wish to renew his variance
application, the 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.
5. Therefore, upon the agreement of the conditions stated, we recommend the
rag ntinp of this variance application.
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.
County of Hawaii, Total Suspended Solids -Variance Application WW 290, Docket No. 08-VWW-19
Findings of Fact and Conclusions of Law Page 4
Tran$mittal Date: Sus Date: ~
Wastewater Bra ch Variance A pli anon Docket o. ~ - V1NW - APP #~ WW
Name/Title: {
Su 'ect: Draft Decisio tter wit Decision Order end Findin s of Fact & Conclusions of Law
ROUTE TQ: ~ ~, --
A icaM:
A t:
pirector of Health - ome risela Fukino
D ut Director for Environmetttpl Health Administration -Laurence Lau
Chiet, EMD -Thomas E. Arizurhi
Attorne General's Office - De Attorne Edward "Ted" Bohlen
Clean Water Branch -Alec Won • .
Environmental P[annin Office -Kelvin Sunada
Safe Drinkin Water Branch - S Yamada .
'tation Branch -Commercial '1~ro roes On[
1+yistewater Branch Staff Personnel
[ )Hilo -Jerry Nunogawa (TIIMfs 1, 2, 3, 4)
[X) Kona -Dane Hiromaas (TMKs 5, ~, 7, 8, 9) '
[ 1 Kauai -Lori Vetter
[ )Maui -Roland Tejano
[ 1 Oahu - Johnn On
Water Departments
[~ board of Water Supply - .Clifford Lum
[ County of Hawaii Dept of Wster Supply -Milton Pavao
[ )County of Maui Dept of Water Supply - Geor~ps Y. Tengan
[ 1 Kauai Coun De artment of Water -Edward Tschu
) ]Maui OHO -Herbert Mstsubayeshi, District Environmental Heslth Program Chief
[ 1 Kauai DHO - ,District Environmental HslNtfi ProQransr Chief
[ ) Hilv DHO -Aaron Ueno~ District Environmerrtal Health Pro am Chief •
& Count of Honolulu 0 artment of Plann 6 Pennitti
Count of Council / ( ] Honolulu C & Coun Council
Oahu Na' boyhood Board #~
If you have comments or corrections to the DRAFT Dec~ion ~ Order, please submit them in writiryp on a
separate sheet. Otherwise, please fie or tll~card at Your dhcreNon. Otherwise, keep for your records or
discard. The SIQNED FINAL Decision ~ Order wiU be fc-'ttlCOming.
if there are comments, send to: Departn-en>E-of Health -Wastewater Branch
919 Afs ~Aosna Blvd. Room 309
Honolul~~ Havwafi 988-1.44920
phone (8(581 588-4294 fax (808) 586-4300.
Recsiwd by WWB ITf p:1c tNnplwwb - 2008 varisr-ce route slip - Oraft Dsc.ooe 01/2812004 ~. ~-~