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Home My WebLink AboutCOM 0158.000 2008-2010LINDA LINGLE GOVERNOR OF HAWAII g O h~ •~ 9 W rf ~ ~ to S y STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 HONOLULU, HAWAII 96801 March 4, 2009 CMIVOME LEINAALA FUKINQ M. D. DIRECTOR OF HEnLTH In reply, please refer to: EMD/WB W W 294 Draft Dec CL ti 4 O_ N~ ' Mr. Ronald Layaoen, Project Engineer C7r> Okahara & Associates, Inc. Z r:? ~' 200 Kohola Street ~° ` ~"' ~i Hilo, Hawaii 96720 0 ;irk -a Dear Mr. Layaoen: '__~_ 1 3 l; '1 ~ I C ' Subject: Variance Application No. WW 294 Docket No. 08-VWW-23 ~<• cn Application for Variance -Primarily Concerning Large Capacity Cesspool~o For a Multiple Dwelling (8 Buildings) exceeding the 1000 gallons per day At 15-2914 Kauhale Street, Pahoa, Hawaii 96778 TMK: (3) 1-5-002: 023 ~? r; =~• Ti i Y \i- 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. i If you disagree with our proposed decision, please cal6 Mr. Tomas See, 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 March 27, 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. j Sincerely, THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Applicant-Mr. Mitchell Kawamura, HPHA Clean Water Branch Safe Drinking Water Branch _ . Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hawaii Istrict Health Office -Hilo Hawaii County Council Comm. No. ~ S_. g.------ Ref. To: ~ i~d09 Ref. Uate -______-__._-.- STATE OF HAWAII DEPARTMENT OF HEALTH I In the Matter of the Application Variance Application No. WW 294 for Individual Wastewater System Primarily Concerning Large Capacity Cesspools 'i for a Multiple Dwelling of 8 Buildings Exceeding the 1000 gpd at 15-2914 Kauhale Street Pahoa, Hawaii 96778 TMK (3) 1-5-002: 02: Docket No. 08-VWW-23 DRAFT -SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Mitchell Kawamura of the Hawaii Public Housing Authority (HPHA), 1002 North School Street, Honolulu, Oahu 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)(1)(D) was reviewed by the Department of Health staff. A public notice of the application was printed in the January 15, 2009 issue of the Honolulu Star Bulletin and the January 27, 2009 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 Layaoen, Project Engineer, Okahara & Associcates, Inc., 200 Kohola Street, Hilo, Hawaii has applied for afive-year variance I 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 i 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)(1)(D) ""General requirements for i individual wastewater systems. Individual wastewater systems may be used as a temporary on- site means of wastewater disposal in lieu of wastewater treatment works under the following conditions: Developments involving dwellings. The total wastewater flow into one individual ~ wastewater system shall not exceed one thousand gallons, and. one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two." The applicant has requested the variance for HAR 11-62-31.1(a)(1)(D): The Nani O'Puna Housing Facility consists of 1-bedroom, 2-bedroom and 3-bedroom dwelling units, a laundry facility and a facility manager's office contained in eight (8) separate building structures. There are two (2) Large Capacity Cesspools located on the property which serve the 8 Nani O Puna Housing -Variance Application WW 294, Docket No. 08-VWW-23 Findings of Fact and Conclusions of Law Page 1 Thus, the proposed four (4) IWSs will be in service for longer than the maximum 5 years under which the requested variance would be in effect for. It is requested that a variance be issued for five (5) years with automatic renewal for either the life of the facility or at such time that Hawaii County installs a public wastewater system that is reasonably accessible from the project site. Design criteria, project vicinity site map and overall site plan have been attached to this application for variance but can not be shown here. The following agencies submitted the following comments: The Clean Water Branch will defer to the Department of Health's Wastewater Branch's 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 cesspools receive 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 cesspools as seepage pits. 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 submitted 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 be fitted with an effluent filter(s). C. The existing cesspools shall be abandoned per the requirements of the Underground Injection Control program of the Safe Drinking Water Branch. 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 rag ntina of this variance application. Please contact the Planning & Design Section of the Wastewater Branch at (808) 586-4294 if you have any questions. Nani O Puna Housing -Variance Application WW 294, Docket No. OS-VWW-23 Findings of Fact and Conclusions of Law Page 3 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. Nani O Puna Housing -Variance Application WW 294, Docket No. 08-VWW-23 Findings of Fact and Conclusions of Law Page 5 Transmittal Date: Suspen a Date: Wastewater Branch Variapce Application D cket No. - VWW - APP # WW Name/Title: ( (~ ( Subject: Draft Decision Letter w th Decision & Order d Findin s of Fact & Conclusions of Law ROUTE TO: i' ri , ~, , A' licaht: ~ . Agent: h Director of Health - Chiyome Leinaal 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 Plannin Office -Kelvin Sunada Safe Drinking Water Branch -Stuart Yamada ` Sanitation Branch -Commercial Properties Only Wasfevvater Branch Staff Personnel l,~t-Hilo -Jerry Nunor_.awa (TMKs 1, 2, 3, 41 [. '' ]Kona-Dane Hiromasa (TMKs 5, 6, 7, 8, 91 [ ]Kauai -Lori Vetter [ ]Maui -Roland Tejano [ ]Oahu -Johnny On Water Departments ~~~,(~ [, ]Board. of Water Suppfy -E-liffvrd't~T42 ~~~Lf~-I(~ d7d'County of Hawaii Dept of Water Supply - ilton Pavao L ]County of Maui Dept of Water Supply -Jeffrey Eng [ ]Kauai County Department of Water -Edward Tschupp [.. ]Maui DHO - - ,District Environmental Health Program Chief [' }Kauai DHO - CN~d '~'A{~YIUM ,District Environmental Health Program Chief [ ]Hilo DHO -[V~fl~ h :Gtlit District Environmental Health Program Chief • City & County of Honolulu, epartment of Planning & Permittin ] County of Council / [ ]Honolulu City & County Council ' Oahu Nei hborhood 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 forthcoming. If thee'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