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Home My WebLink AboutCOM 0315.000 2008-2010LINDA LINGLE GOVENNOH OF HAWAII <. a 55a``.4 ,1 t zl :, t~ i~ E ~~ STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 HONOLULU, HAWAII 9fi801 April 2, 2009 CMIYOME LEINAALA FUKINO, M. D. DIHECTOfl OF HEALTH In reply, please refer b: EMD/WB W W 294 FINAL DEC CL ..> CERTIFIED MAIL 7002 3150 0001 6551 1665 -~ RETURN RECEIPT REQUESTED =' O ~t ~ _: .~ _-, Mr. Ronald Layaoen, Project Engineer z~_- Ix rr• Okahara & Associates, Inc. ~ __. 200 Kohola Street -~ ~ Hilo, Hawaii 96720 =~r i~i Dear Mr. Layaoen: ~~r` rv Subject: Variance Application No. WW 294 Docket No. 08-VWW-23 Application for Variance -Primarily Concerning Large Capacity Cesspools 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 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on Monday March 30, 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., CHIEF Environmental Management Division Enclosures: Final Decision and Order 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 Di ict Health Office -Hilo awaii County Council FYI -Environmental Planning Office Comm. hio- 3~ Ref. To: ?trif. Uate APR 5 OOq STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Variance Application No. WW 294 ) for Individual Wastewater System ) Primarily Concerning Large Capacity Cesspools ) for a Multiple Dwelling of 8 Buildings Exceeding ) the 1000 gpd at 15-2914 Kauhale Street ) Pahoa, Hawaii 96778 TMK (3) 1-5-002: 023 ) DECISION AND ORDER Docket No. 08-VWW-23 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)(1)(D) is hereby GRANTED for five (5) years with the following provisions: 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. 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). 4. The project shall connect to the County sewer service system should it become available to the area. 5. 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. DATED: Honolulu, Hawaii, March 30. 2009 ~ //~ <.'Gr~2'ZG<G~ ~ e /C. -tom` -''1 THOMAS E. ARIZUMI, P.E., CHt Environmental Management Division STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Variance Application No. WW 294 ) for Individual Wastewater System ) Primarily Concerning Large Capacity Cesspools ) for a Multiple Dwelling of 8 Buildings Exceeding ) the 1000 gpd at 15-2914 Kauhale Street ) Pahoa, Hawaii 96778 TMK (3) 1-5-002: 023 ) Docket No. 08-VWW-23 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 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)(1)(D) ""General requirements for 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 buildings. Each of the cesspools is proposed to be upgraded with the addition of septic tanks with conversion of each of the Nani O Puna Housing -Variance Application WW 294, Docket No. 08-VWW-23 Findings of Fact and Conclusions of Law Page 1 cesspools for use as seepage pits for effluent disposal. The buildings are located at 15-2914 Kauhale St., Pahoa, HI TMK (3) 1-5-002: 023. The applicant has made the following comments. Each of the four (4) proposed individual wastewater systems (IWSs) would receive . more than 1000 gpd of wastewater. Wastewater flows of 3,300 gpd, 4,000 gpd, 5,600 gpd, and 2,400 gpd are estimated to be generated, so each IWS would not comply with HAR Section 11-62-03. The variance is requested for the four (4) proposed IWSs whose estimated flows will each exceed 1000 gallons per day. 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 facility has been in operation for 32 years in this location using the existing cesspool. The installation of a wastewater treatment plant 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 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. 5. 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. 6. 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. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 8. The variance is requested for the maximum of five (5) years. The Nani O'Puna Housing Facility is located in the eastern portion of the Island of Hawaii, in the town of Pahoa, within the Puna District. Hawaii County currently does not have a public wastewater system in the vicinity of the project site. 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. Nani O Puna Housing -Variance Application WW 294, Docket No. 08-VWW-23 Findings of Fact and Conclusions of Law Page 2 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. 3. 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 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. Nani O Puna Housing -Variance Application WW 294, Docket No. 08-VWW-23 Findings of Fact and Conclusions of Law Page 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 reques+ ` 'r `~' ~" '~ • ~~ ~ _-) -S ~~ ~, fcuowing conditions: 1. The :;,.~s,;ra ~ ~ ..,,,,; y~,;,,;is per day (gpd) of wastewater. Thus, Unaerg, ,~~:,C,.:,.{,, ~,~:., , µ_,_~,,,,,;;) regulations are applicable and a UIC permit will be reyu~:.;d 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. 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). The project shall connect to the County sewer service system should it become available to the area. 5. There is no automatic renewal. Should the applicant wish to renew his variance application, the applicant must submit an Application for Variance for renewal, 18C 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, March 30, 2009 THOMAS E. A IZUMI, P.E., GHI F 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. O8-VWW-23 Findings of Fact and Conclusions of Law Page 4 A 1 w /1 .. ~.. /1 Transmittal Date: ~ Wastewater Branch Varia ce Application Docket No. - VWW - APP # WW Name/Title: r S Subject: Final Signe Decision Cover Letter, Signed Decision Order & Findings of Fact & Conclusions of Law .ROUTE TO: , Applicant: l('T (,Y(~(i1 I ~`IAVVGlYY1k.VD1 Agent: Q, ad Director of Health - Chiyome L naala 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 Won Environmental Plannin Office -Kelvin Sunada Safe Drinking Water Branch - Stuart Yamada Sanitation Branch -Commercial Properties Only Was water Branch Staff Personnel [ ~/ J Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) , [ J Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ 1 Kauai -Lori Vetter [ ]Maui -Roland Tejano [ J Oahu -Johnny Ong Water Departments [ ]Board of Water Supply - Efifford-Lmfi wr ~ ~ ' ~ [ /J County of Hawaii Dept of Water Supply - M ton Pavao [ 1 County of Maui Dept of Water Supply -Jeffrey Eng ~~~~ [ 1 Kauai County De artment of Water -Edward Tschu [ J Maui DHO - ', District Environmental ealth Program Chief , [ - .] Kauai DHO - CY0.(A WLA ,District Environmental Health Program Chief [/ J Hilo DHO - ,District Environmental Health Pro ram Chief ~ Clu ~` Cit & County of onolulu, Department of Planning & Permitting [ J County of V1/A~r( Council / [ J Honolulu City & County Council Oahu Nei hborhood Board # NO ACTION REQUIRED: X 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 process. From: Department of Health -Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96 8 1 4-4920 phone (8081 586-4294 fax (808) 586-4300 p:\c temp\wwb - 2008 variance route slip -final decision.doc as of 07/18/2008