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Home My WebLink AboutCOM 0156.000 2008-2010LINDA LINGLE GOVERNOR OF HAWAII s .. ~'+~~9 ~s ~~a4 eI t/ !~ L ~ ~ ~~ ~.. ~..,.r'~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BO% 3318 HONOLULU, HAWAII 96801 February 5, 2009 CERTIFIED MAIL 7002 3150 0001 6551 1658 RETURN RECEIPT REQUESTED Mr. Ronald Nickel, Civil Engineer Rdnald Nickel, P.E., LLC 12-7109 Kalaunu Street Pahoa, Hawaii 96778 Dear Mr. Nickel: CHIVOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH In reply, please refer to: EMD/WB W W 295 FINAL DEC CL O t"~ -Z r~-~° ~ :_ "Ci ~- .L t~"; Subject: Variance Application No. WW 295 Docket No. 08-VWW-2 Received from Edward & Judith Fukuda r:=.}° Application for Variance -Primarily Concerning Large Capacity Cesspools Restaurant /Laundromat at 74 W Kawailani Street, Hilo, Hawaii TMK: (3) 2-2-041: 069 N P O GLl T 0 -u 3 fV ~+ ea o"r' r . ;~~: ~,, Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on Monday February 2, 2009 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., IEF Environmental Management Division Enclosures: Final Decision and Order 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 -lawaii County Council FYI -Environmental Planning Office Comm: No. Ref. To: 17.20091 Ref. Dote ~f~~--- STATE OF HAWAII In the Matter of the Application Variance Application No. WW 295 for Individual Wastewater System Owners Edward & Judith Y. Fukuda Primarily Concerning Large Capacity Cesspools for Restaurant /Laundromat at 74 W Kawailani Street, Hilo, Hawaii TMK (3) 2-2-041: 069 DEPARTMENT OF HEALTH Docket No. OS-VWW-24 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 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 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. 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 & 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, Februarv 2 2009 ~> THOMAS E. ARIZUMI, P.E., CHI Environmental Management Division Edward & Judith Fukuda -Variance Application WW 295, Docket No. 08-VWW-24 Decision & Order Page 1 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 295 for Individual Wastewater System Docket No. 08-VWW-24 Owners Edward & Judith Y. Fukuda Primarily Concerning Large Capacity Cesspools for Restaurant /Laundromat at 74 W Kawailani Street, Hilo, Hawaii TMK (3) 2-2-041: 069 FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Edward & Judith Y. Fukuda Trust, Edward Fukuda of 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 received during the 30 days following the publication of the public notice. Findings of Fact The individual authorized to act for the applicant, Mr. Ronald Nickel, Civil Engineer, Ronald Nickel P.E., LLCof 12-7109 Kalaunu Street, Pahoa, Hawaii has applied for alive-year variance from the Hawaii Administrative Rules (HAR), 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 systems." and Section 11-62-31.1(a)(2)(D) "Developments involving buildings other than dwellings. The total wastewater flow into each individual 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 & Judith 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. 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 1,400 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 treatment individual wastewater systems wilt 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 & Judith Fukuda -Variance Application W W 295, Docket No. OS-VW W-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 Evaluation by UIC Program worksheet, Underground Injection Control (UIC) Program, Safe Drinking Water Branch: Facility Address is: 74 W. Kawailani Street Owner: Edward & Judith Y. Fukuda, Trustee Island: Hawaii TMK: (3) 2-2-041: 069 Lot Size: 12,060 sq. ft. Action related to disposal is: reuse cesspool as seepage pit Existing Cesspool: Elev (g) ft 173, Diameter (d) ft 12, Depth (h) ft 25, Depth to Standing Water from Surface if present: 18. Wastewater type: domestic, non-residential, food processing, Laundromat. Facility's wastewater flow in gallons per day: existing design 3000 gpd. Actual (measured or metered) Average 3000. The following agencies submitted the following comments: The Clean Water Branch submitted the following comment: Will defer to the Wastewater Branch final decision. 2. The Safe Drinking Water Branch submitted the following comments: 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. 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. Each septic tank shall befitted 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 & Judith Fukuda -Variance Application WW 295, Docket No. OS-VWW-24 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 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: 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 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). Edward & Judith Fukuda -Variance Application WW 295, Docket No. OS-VWW-24 Findings of Fact and Conclusions of Law Page 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 appficatidri, applicant' must submit an Application for Variance for renewal. DATED: Honolulu, Hawaii, February 2, 2009 /J ~~~~~~~ G~~~ -~ THOM AS~ZUMI, P.E., CHIE Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. Edward & Judith Fukuda -Variance Application VVW 295, Docket No. OS-VWW-24 Findings of Fact and Conclusions of Law Page 5 Transmittal Date: Wastewater Branch Variance Appli at Docket No. - VWW - APP # WW Name/Title: w ~ N ( Subject: Final Signed Decision Cover Letter Signed ecision & Order & Findings of Fact & Conclusions ROUTE TO: Agent: Q~ Dlrector of Health - Chlyome Lemaala Fukino Deputy Dlrector for Envlronmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizunti Attorney General's Office -Deputy Attorney Edward "Ted" Bohlen Clean Water Branch -Alec Wong Environmental Planning Office -Kelvin Sunada Safe Dnnking Water Branch - Stuart Yamada Sanltatlon Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ )Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [~4.Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ 1 Kauai -Lori Vetter [ ]Maui -Roland Tejano vaiw - ~~nnny vng Water Departments [ 1 Board of Water Supply -Clifford Lum l~ County of Hawaii Dept of Water Supply -Milton Pavao [ 1 County of Maui Dept of Water Supply -Jeffrey Eng [ 1 Kauai County Department of Water -Edward Tschu p' [ 1 Maui DHO -Herbert Matsubayashi, District Environmental Health Program Chief [ ]Kauai DHO - ,District Environmental Health Program Chief [7'~1-klilo DHO -Aaron Ueno, District Environmental Health Pro ram Chief City & County of Honolulu, Department~of Plannin & Permitting [ 1 County of wa Council / [ ]Honolulu City & County Council Dahu Neighborhood Board # NO ACTION REQUIRED: ~( Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law. 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 ororaca From: Department of Health -Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300 Law p:\c temp\wwb - 2008 variance route slip -final decision.doc as of 07/)8/2008