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Home My WebLink AboutCOM 0417.000 2008-2010.- LINDA LINGLE GOVERNOR OF HAWAII 0 }54 p6p °®'~vG~ioaN'A STATE OF HAWAII DEPARTMENT OF HEALTH F.o. Box a3~e HONOLULU, HAWAII 96601 March 27. 2009 CERTIFIED MAIL 7005 1160 0001 8381 4731 RETURN RECEIPT REQUESTED CHIVOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH In reply, please refer to: EMD/WB WW 281 FINAL DEC CL ~.', :) ~ n ... ~, ~_ . , -~ _ S .. .. (!. Mr. Gilbert Hauanio, Jr., President -, =~ Na Ohana O Kalapana Association =' P.O. Box 1582 - _ ~~ Pahoa, Hawaii 96778 ~ ~ r~ L Dear Mr. Hauanio: Subject: Variance Application No. WW 281 Docket No. 08-VWW-10 Renewal of Variance Application No. WW 117 Docket No. 97-VWW-04 69 Lots in Kikala-Keokea Subdivision Kalapana-Kapoho Beach Rd, Kalapana, Hawaii TMK: (3) 1-2-043: 001 - 069 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on Friday March 20, 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, lJ `~"" " W ~}'fHOMAS E. ARIZUMI, P E., CHIEF JJ.. Environmental Manage nt Division Enclosures: Final Decision and Order Findings of Fact and Conclusions of Law c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hawaii strict Health Office -Hilo ~awaii County Council FYI -Environmental Planning Office Comm. tvo. -1 ~ ~_ Ref. To: Ref. Ddte ~~~~ w STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 281 for Individual Wastewater System Renewal of Variance Application No. WW 117 Docket No. 97-VWW-04 69 Lots in Kikala-Keokea Subdivision Kalapana-Kapoho Beach Road Kalapana, Hawaii TMK: (3) 1-2-043: 001-069 Docket No. 08-VWW-10 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 11-62-31.1(a)(1) is hereby GRANTED for five (5) years with the following provisions: Only one (1) individual wastewater system (IWS) will be allowed per lot. No further subdivision of lots will be allcwed. 3. All future dwellings or buildings generating wastewater on the lot shall meet the Department of Health's current requirements regarding wastewater treatment and disposal. 4. If a drinking water source is developed within 1000 feet of the subdivision, any wastewater system on a lot falling within the 1000 foot radius of the drinking water well shall be upgraded to an aerobic unit with absorption trenches or beds. 5. The development shall connect to a municipal sewer system should it become available to the area. 6. A covenant to the deed or lease agreement for each of the lots in the subdivision shall contain the applicable provisions 1 through 5 stated above. 7. Plans for any IWSs built in the subdivision shall be submitted to the Wastewater Branch for review and approval. The IWS shall be approved in writing by the Director before being placed into operation. 8. 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. DATED: Honolulu, Hawaii, March 23. 2009 MAS E. ARIZUMI, P. ., CHIEF Environmental Manage nt Division STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application . Variance Application No. WW 281 for Individual Wastewater System Renewal of Variance Application No. WW 117 Docket No. 97-VWW-04 69 Lots in Kikala-Keokea Subdivision Kalapana-Kapoho Beach Road Kalapana, Hawaii TMK: (3) 1-2-043: 001-069 Docket No. 08-VWW-10 FINDINGS OF FACT AND CONCLUSIONS OF lAW An application from Mr. Gilbert Hauanio, Jr. President of Na Ohana O Kalapana Association, Pahoa, Hawaii for a five (5) year variance (renewal) from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-05, Critical Wastewater Disposal Areas (CWDAs), Proposed cesspools shall be severely restricted or prohibited in any designated critical wastewater disposal area, was reviewed by the Department of Health staff. A public notice of the application was printed in the January 5; 2009 issue of the Honolulu Star Bulletin and the January 5, 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 Mr. Hauanio is the individual authorized to act for the Na Ohana O Kalapana and is requesting the continued use of the existing cesspools in lieu of septic tanks at the Kikala-Keokea Subdivision, Kalapana-Kapoho Beach Road, Kalapana, Hawaii TMK: (3) 1-2-043: 001 - 069. The applicant has made the following comments. The subdivision still needs a variance from HAR Chapter 11-62-05(c) which states that the proposed cesspools shall be severely restricted or prohibited in any designated critical wastewater disposal area. 2. The granting of the variance is in the public interested as defined in the Hawaii Revised Statues, Section 342.D-6(c), documentation was provided in the original variance application. The variance was granted on January 29, 1999 and it concluded that this requirement was met. 3. The granting of this variance will not substantially endanger human health or safety requirement was met in the granting of the variance on January 29, 1999. Na Ohana O Kalapana -Variance Application W W 281, Docket No. 08-VW W-10 Findings of Fact and Conclusions of Law, Page 1 4. Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public requirement was met in the granting of the variance on January 29, 1999. 5. The variance is requested for the maximum of five (5) years. The following agencies submitted the following comments: The Clean Water Branch submitted the following comment: Recommend to grant this variance application. Have no objection to the granting of this variance application. 2. The Safe Drinking Water Branch submitted the following comments: A. Federal Underground Injection Control (UIC) regulation, found in 40 CFR, part 144, Subpart G, which was promulgated on December 7, 1999, requires the closure or upgrade of all existing large-capacity cesspool nationwide by April 5, 2005. Covered by the regulation are residential large-capacity cesspools which serve multiple dwellings, community or regional systems and non-residential cesspools which are used to dispose of sanitary waste and have the capacity to serve 20 or more persons per day; B. Furthermore, Hawaii's UIC program considers each cesspool that receives more than 1000 gallons per day of sanitary wastes, on any given day, as an injection-well cesspool (IWCP). Backfilling and abandonment of an IWCP must be under the written instructions from the UIC program. Unauthorized backfilling and abandonment may be subject to re- excavation and proper backfilling and witnessing. Thus, the owner of an IWCP intended for abandonment must submit a completed abandonment application form to the Safe Drinking Water Branch at 919 Ala Moana Boulevard, Room 308; Honolulu, Hawaii 96814. The abandonment application form can be downloaded from the Hawaii government's website at www.hawaii.gov/health/environmental/water/sdwb/uic/uicoroorm html; C. UIC permitting is applicable to an IWCP being retained as a seepage pit. Operating an injection-well seepage pit without a UIC permit is a violation of Chapter 11-23 and is subject to corrective action which may include a penalty. Owner/operator of an injection-well seepage pit must submit a completed UIC permit application to the address listed on item No. 2. D. Based on the information provided in the variance application, we recommend variance denial. Chapter 11-62-05(c) provisions should be upheld. Please contact Mr. Jamie Rimando at (808)586-4258 if you have any questions. Na Ohana O Kalapana -Variance Application W W 281, Docket No. 08-VW W-10 Findings of Fact and Contusions of Law, Page 2 3. The Wastewater Branch states that there is no existing sewer service system available for connection and recommends the granting of the variance application with the following conditions to be continued and upheld. A. Only one (1) individual wastewater system (IWS) will be allowed per lot. B. No further subdivision of lots will be allowed. C. All future dwellings or buildings generating wastewater on the lot shall meet the Department of Health's current requirements regarding wastewater treatment and disposal. D. If a drinking water source is developed within 1000 feet of the subdivision, any wastewater system on a lot falling within the 1000 foot radius of the drinking water well shall be upgraded to an aerobic unit with absorption trenches or beds. E. The development shall connect to a municipal sewer system should it become available to the area. F. A covenant to the deed or lease agreement for each of the lots in the subdivision shall contain the applicable provisions 1 through 5 stated above. G. Plans for any IWSs built in the subdivision shall be submitted to the Wastewater Branch for review and approval. The IWS shall be approved in writing by the Director before being placed into operation. H. There is no automatic renewal. Should applicant wish to renew his variance application, applicant must submit an Application for Variance for reriewal, 180 days prior to expiration date. 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. Na Ohana O Kalapana -Variance ApplicaUOn W W 281, Docket No. 08-VW W-10 Findings of Fact and Conclusions of Law, Page 3 t 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: Only one (1) individual wastewater system (IWS) will be allowed per lot. 2. No further subdivision of lots will be allowed. 3. All future dwellings or buildings generating wastewater on the lot shall meet the Department of Health's current requirements regarding wastewater treatment and disposal. 4. If a drinking water source is developed within 1000 feet of the subdivision, any wastewater system on a lot falling within the 1000 foot radius of the drinking water well shall be upgraded to an aerobic unit with absorption trenches or beds. 5. The development shall connect to a municipal sewer system should it become available to the area.. 6. A covenant to the deed or lease agreement for each of the lots in the subdivision shall contain the applicable provisions 1 through 5 stated above. 7. Plans for any IWSs built in the subdivision shall be submitted to the Wastewater Branch for review and approval. The IWS shall be approved in writing by the Director before being placed into operation. 8. 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. DATED: Honolulu, Hawaii, March 23. 2009 ~/ THOMAS E. ARIZUMI, HIEF ~I - Environmental Manag ent Division The foregoing findings of fact and conclusions of law are hereby adopted. Na Ohana O Kalapana -Variance Application W W 281, Docket No. 08-VW W-10 Findings of Fact and Conclusions of Law, Page 4 I Transmittal Date• _ Wastewater Branch Variance Application Docket No. - VWW - APP # WW Name/Title: Q- 0 Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law Q/111TF TA• Applicant: 1 ~ Agent: 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 Drinking `~Nater Branch - Stuart Yamada Sanitation Branch -Commercial Properties Only Wastewater Branch Staff Personnel [~ ]Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 41 ( ]Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 91 [ ]Kauai -Lori Vetter [ ]Maui -Roland Tejano [ J Oahu -Johnny On Water Departments ,,,•' [ ]Board of Water Supply - ^-'~"--a' ^^°-,'~'~ry`'~",",-,~/ ~~~w [x ]County of Hawaii Dept of Wate~Supply -Milton Pavao [ 1 County of Maui Dept of Water Supply -Jeffrey Eng [ ] Y.auai County Department of Water -Edward Tschupp _ [ ]Maui DHO - haeFfier i, District Environmental Health Program Chief [ ]Kauai DHO - G'A. dTa~~~District Environmental Health Program Chief [ ]Hilo DHO - n eno District Environmental Health Program Chief City & County o 0 olu artment of Planning & Permitting ]County of VfOI[f Council / ( 1 Honolulu City & County Council Oahu Nei hborhoo Board # NO ACTION REQUIRED: Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law. X 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 96814-4920 phone (808) 586-4294 fax (808) 586-4300 p^c temp\wwb - 2008 variance route slip -final decision.doc as of 05123/2008