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HomeMy WebLinkAboutCOM 0101.000 2008-2010LINDA LINGLE GOVERNOR OF HAWAII STATE OF HA V~AI'~flN 15 p(r) :~ .1 S O t6 n~9 ~6!/' 958 \ ' 1 \{ r~,E I 'F ~' j ~ !!rr `` \~ . r~ ~:1 i.. ~ :/ ~LJ ~~~~ CHIVOME LEINAALA FUKINO, M. D. DIRECTOR OF HEALTH DEPARTMENT OF HEALTJ{/ / Li l.3t..1'J s .P ~~~i :\ P.O. BOX 3378 COON f ~, i ~li- H/,1t~/yl+ In rePIEMD / we far ta' HONOLULU, HAWAII 9fifi01 W W 295 Draft Dec CL January 9, 2009 Mr. Ronald Nickel, Civil Engineer Ronald Nickel, P.E., LLC 12-7109 Kalaunu Street Pahoa, Hawaii 96778 Dear Mr. Nickel: Subject: Variance Application No. WIN 295 Docket No. 08-VWW-24 Application for Variance -Primarily Concerning Large Capacity Cesspools Restaurant /Laundromat at 74 W Kawailani Street, Hilo, Hawaii TMK: (3) 2-2-041: 069 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, 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 Friday January 30, 2009. 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. A%iRCIZ~/UMIY"R:F~ CHIEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Applicant - Mr. & Mrs. Fukuda Clean Water Branch Safe Drinking Water Branch Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hawaii strict Health Office -Hilo +~awaii County Council Comm. No. ~ ~ Ref. To: -~"~ Ref. Date JAN 16 2009 STATE OF HAWAII DEPARTMENT OF HEALTH c,., ~. ; In the Matter of the Application Variance Application No. WW 295 for Individual Wastewater System Primarily Concerning Large Capacity Cesspools for Restaurant /Laundromat at 74 W Kawailani Street, Hilo, Hawaii TMK (3) 2-2-041: 069 Docket No. 08-VVVW-24 I DRAFT -SIGNATURE NOT REQUIRED DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapte ~ 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 Section 11-62- 31.1(a)(2)(D) is hereby GRANTED for five (5) years with the following provisions: 1. The existing cesspool apparently receives more than 1000 igallons per day ~ (gpd) of wastewater. Thus, 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 Norris Ueh~ara of the UIC program at (808) 586-4258 to discuss UIC regulatory requi iements 2. 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. ~ ~ 3. Each septic tank shall be fitted with an effluent filter(s). ~~ 4. Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic tank system. Pretreatment shall meet the requirements of Chapter 11-62;. 5. The project shall connect to the County sewer service system should it become available to the area. ~ Please contact the Wastewater Branch's Planning & Desig ~ Section at (808) 586-4294 for technical information regarding treatment individual wastewater systems. Edward & Paula Fukuda -Variance Application WW 295, Docket No. OS-VWW-24 Decision 8 Order Page 1 I 6. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for renewal. DATED: Honolulu, Hawaii, Draft -Signature NOT required. THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division Edward & Paula Fukuda -Variance Application WW 295, Docket No. OS-VWW-24 Decision & Order Page 2 STATE OF HAWAII DEPARTMENT OF HEALTH Iri the Matter of the Application Variance Application No. WW 295 for Individual Wastewater System marily Concerning rge Capacity Cesspools for ~staurant /Laundromat at W Kawailani Street, Hilo, Hawaii 1K (3) 2-2-041: 069 I Docket No. 08-VWW-24 DRAFT -SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Edward & Judith Y. Fukuda Trust, Edward Fukuda df 74 W. Kawailani Street, Hilo, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and Section 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 December 2, 2008 issue of the Honolulu Star Bulletin and the December 8, 2008 issue of the Hawaii Tribune Herald publications. Three (3) comments pertaining to the application were rec ived during the 30 days following the publication of the public notice. Findinos of Fact The individual authorized to act for the applicant, Mr. Ronald Nickel, Civil Engineer, inald Nickel P.E., LLCof 12-7109 Kalaunu Street, Pahoa, Hawaii has applied for alive-year riance from the Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions state dividual wastewater system means a facility which is designed to receive and dispose of no >re than 1000 gallons per day of domestic wastewater. Individual wastewater systems may solve treatment processes and include, but are not limited to, septic tanks and household robic units with disposal system and cesspools. Each individual wastewater system shall be independent system and shall have all of its plumbing, treatment (if any), and disposal vents involving buildings other than dwellings. The total wastewater flow into each wastewater system shall not exceed one thousand gallons per day." The applicant as stated that the total area of the subject parcel is 12,060 square feet. The lot has one building, the one building contains a small drive in, a Laundromat, a storage room and a combinations women's/men's toilet. The estimated wastewater flow) is 3000 gpd, 1{600 gpd from the Laundromat and 1,400 gpd from the drive in. The property is located at 74 W. Kawailani Street, Hilo, Hawaii TMK: (3) 2-2-041: 069. Edward & Paula Fukuda -Variance Application WW 295, Docket No. 08-VWW 24 Findings of Fact and Conclusions of Law Page 1 The applicant has made the following comments. 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 1,400 gallons per day. 2. 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. 3. 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. 4. The facility has been in operation for 52 years in this location using the existing cesspool. The installation of a wastewater treatment plant is lieu of a septic system will not be possible due to space restrictions and. may force the owner to abandon the business operation. 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 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, impact to the environment will be minimized. 6. Prevent loss of jobs. The LCC serving my facility has been in operation for 52 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. 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-treatmenfindiGtdual was ew~tems wl 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. Edward & Paula Fukuda -Variance Application WW 295, Docket No. OS-VWW-24 Findings of Fact and Conclusions of Law Page 2 10. The variance is requested for the maximum of five (5) years. 11. The following information is from the Information for Variance E Program worksheet, Underground Injection Control (UIC) Progi Water Branch: Facility Address is: 74 W. Kawailani Street Owner: Edward 8 Trustee Island: Hawaii TMK: (3) 2-2-041: 069 Lot Size: 12,060 sq. 1 Action related to disposal is: reuse cesspool as seepage pit Existing Cesspool: Elev (g) ft 173, Diameter (d) ft 12, Depth (h) Standing Water from Surface if present: 18. Wastewater type: domestic, non-residential, food processing, l Facility's wastewater flow in gallons per day: existing design 31 (measured or metered) Average 3000. The following agencies submitted the following comments: 1. The Clean Water-Branch submitted-the-following-commE Will defer to the Wastewater Branch final decision. 2. The Safe Drinking Water Branch submitted the following luation by UIC t, Safe Drinking udith Y. Fukuda, 25, Depth to gpd. Actual A. Because the proposed improvement is being driven by the Federal ban on large-capacity cesspools, we have no objection to granting the variance as proposed; and B. The existing cesspool apparently receives more than 1000 gallons per day (gpd) of wastewater. Thus, 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 Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC regulatory requirements. 3. The Wastewater Branch states that there is no existing sewer service system available for connection. We offer the following comments: I A. Plans for each IWS shall be submitted to the Wastewater Branch for __._ review-and_approvalhefore_any_constrLCtion 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. Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic tank system. Pretreatment shall meet the requirements of Chapter 11-62. Edward & Paula Fukuda -Variance Application WW 295, Docket No. Findings of Fact and Conclusions of Law Page 3 D. The project shall connect to the County sewer service system should it become available to the area. 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 (808) 586-4294 if you have any questions. Conclusions of Law Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no variance shalt 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~Sertior>_342D-Flr__,__)~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. The existing cesspool apparently receives more than 1000 gallons per day (gpd) of wastewater. Thus, Underground Injection Control (UIC) regulations are applicable,_and_a_Ul~ permit will be rTauired_to_continue_1he_operation of the____ _ injection-well cesspool as a seepage pit. We recommend that the facility's consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC regulatory requirements 2. 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. 3. Each septic tank shall befitted with an effluent filter(s). Edward & Paula Fukuda -Variance Application WW 295, Docket No. 08-VWW-24 Findings of Fact and Conclusions of Law Page 4 4. Pretreatment of all food waste wastewater and non-domestic type wastewater shall be provided prior to entering the septic tank system. Pretreatment shall meet the requirements of Chapter 11-62. 5. The project shall connect to the County sewer service system should it become available to the area. Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294 for technical information regarding treatment individual wastewater systems. 6. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for renewal. 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. Edward 8 Paula Fukuda -Variance Application WW 295, Docket I Findings of Fact and Conclusions of Law Page ; 1 n Transmittal Date: ~ Suspense Date: f Wastewater Branch Variance A lication Docket No. U` - VWW - APP # WW Name/Title: yv L]7t Subject: Draft Decision Lette with Decision & Order and Findings of Fact & Conclusions of Law ROUTE TO: Ap licant: Agent: (it N I Director of Health - Chiyome 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 Wong Environmental Planning Office -Kelvin Sunada Safe Drinkin Water Branch -Stuart Yamada Sanitation Brahch -Commercial Properties Only Wastewater Branch Staff Personnel ( x ]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 Ong Water Departments [ ]Board of Water Supply -Clifford Lum (x ]County of Hawaii Dept of Water Supply -Milton Pavao • ( ]County of Maui Dept of Water Supply -Jeffrey Eng [ ]Kauai County Department of Water -Edward Tschupp [ 1 Maui DHO -Herbert Matsubayashi, District Environmental Health Program Chief [ ]Kauai DHO - ,District Environmental Health Program Chief [ ~) Hilo DHO -Aaron Ueno, District Environmental Health Program Chief City & County of Honolulu, De artment of Plannin & Permittin (1C] County of Oil ~ Council / [ ]Honolulu City & County 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 forthcomino. If there are comments, send 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 / / p:\c temp\wwb - 2008 variance route slip -Draft Dec.doc 07/18/2008