HomeMy WebLinkAboutCOM 0459.000 2008-2010
4l 95B
LINDA LINGLE CHIVOME LEINAALA FUKINO, M. D.
GOVERNOR OF OF HAWAII 4t
DIRECTOR OF HEALTH EALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD/We
WW 302 FINAL DEC CL
July 6, 2009
CERTIFIED MAIL 7005 1160 0001 8381 4809
RETURN RECEIPT REQUESTED t,
Mr. Theodore Baldau
Vice President _a c
RT Engineers, Inc.
rv
P.O. Box 390628
Kailua-Kona, Hawaii 96739
Dear Mr. Baldau:
Subject: Variance Application No. WW 302 Docket No. 09-VWW-05` ca_
Application for Variance - Regarding Individual Wastewater System
Hawaii Island Community Development Corporation
Kumakua Affordable Housing Project Phase II - Request using Individual
Wastewater Systems (IWSs) on Lots less than 10,000 square feet on
Akoni Pule Highway, Kapaau, Hawaii TMK: (3) 5-5-008: 046
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Thursday July 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,
ZMA-1?E. OARt~UMI, PI=F
Environmental Management Division
Enclosures: Final Decision and Order
Findings of Fact and Conclusions of Law
C' Applicant - Hawaii Island Community Development Corporation
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii S9
gistrict Health Office - Hilo Comm. No.
VHawaii County Council Ref. To:
FYI - Environmental Planning Office
Ref. Date 'I UL 2 2 ZM5
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application Variance ) Docket No. 09-VWW-05
Application No. WW 302 for Individual Wastewater )
System )
Hawaii Island Community Development )
Corporation - Kumakua Affordable Housing )
Project Phase 11 For Lots Less Than 10,000 sf )
On Akoni Pule Highway, Kapaau, HI )
TMK (3) 5-5-008: 046 )
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)(A), 11-62-31.1(a)(1)(C) and 11-62-32 is
hereby GRANTED for five (5) years with the following provisicns:
1. Plans for each IWS must be submitted to the Wastewater Branch for review and
approval at the time of building permit application. In addition, the IWS must be
approved in writing before it may be used.
2. The type of wastewater system to be used shall be at the minimum a septic tank
system with a shallow soil absorption disposal system unless site conditions prevent it
use.
3. For properties to be located within the 1000 feet radius of the Hawi potable water well,
the soil absorption disposal system should be located as far as possible away from
the well.
4. Only one (1) individual wastewater system (IWS) will be allowed per lot. The type of
wastewater system to be used shall conform to the provisions of Hawaii
Administrative Rule, Chapter 11-62 in effect at the time of building permit application.
5. No further subdivision will be allowed within a 1000 feet radius of any potable water
well. Future subdivisions may be allowed with the written approval of the Director of
Health provided that all applicable provisions of Chapter 11-62, HAIR in effect at the
time of subdivision application are met.
6. The project shall connect to the County sewer service system should it become
available to the area.
7. 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, July 2, 2009
THOMAS E. ARIZUMI, P.E.; - IEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application Variance ) Docket No. 09-VWW-05
Application No. WW 302 for Individual Wastewater )
System )
Hawaii Island Community Development )
Corporation - Kumakua Affordable Housing )
Project Phase II For Lots Less Than 10,000 sf )
On Akoni Pule Highway, Kapaau, HI )
TMK (3) 5-5-008: 046 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from.Hawaii Island Community Development Corporation, 100 Pauahi Street
#240, Hilo, Hawaii 96720 for a five (5) year variance from Hawaii Administrative Rules, Chapter 62
of Title 11, Sections 11-62-31. 1 (a)(1)(A), 11-62-31.1(a)(1)(C) and 11-62-32 was reviewed by the
Department of Health staff. A public notice of the application was printed in the April 29, 2009 issue
of the Honolulu Star Bulletin and the April 29, 2009 issue of the West Hawaii Today 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. Ted Baldau, Vice President of RT
Engineers, Inc., P.O. Box 390628, Kailua-Kona, Hawaii has applied for a five-year variance from the
Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(1)(A) "There shall be 10,000 square feet
of land area for each individual wastewater system;", Section 11-62-31.1(a)(1)(C) "Area of the lot
shall not be less than 10,000 square feet except for lots created and recorded before August 30,
1991." and Section 11-62-32 "No individual wastewater system shall be located at any point having
less than the minimum distances indicated in Table II attached to this chapter in appendix F, entitled
Tables, dated April 15, 1977 and located at the end of this chapter unless otherwise approved by the
director."
The applicant has stated that the Kumakua Affordable Housing Project, Phase II development
will be constructed on an approximate 6.13 acre portion of a parcel of land currently identified by
TMK (3) 5-5-008: 046. The parcel is located on the northern side of Akoni Pule Highway in the
Kapaau area of the North Kohala district located in the Northern part of Hawaii Island. This proposed
project will include 19 residential parcels suitable for single family self help dwelling units. Of these
19 parcels, 7 are proposed to be less than 10,000 square feet in size and will vary from 7,822 square
feet to 9,872 square feet in size. All dwellings are proposed to be serviced by individual wastewater
systems meeting all other requirements of Chapter 11-62 except for the minimum horizontal
distances from property lines and the potable source identified as Hawi Well #1 per Table II,
Appendix F.
Kumukua Affordable Housing Phase II - Variance Application WW302, Docket No. 09-VWW-05
Findings of Fact and Conclusions of Law Page 1
The applicant has made the following comments.
1. The proposed conditions fail to conform to the environmental rules of the State in the
following manners:
a. 7 out of the 19 proposed residential lots will be less than 10,000 square feet in
size.
b. Minimum horizontal distances from property lines may vary from those values
indicated in Table II, Appendix F of Chapter 11-62.
C. Minimum horizontal distance from the potable water source identified as Hawi
Well #1 will be less than 1000 feet as indicated in Table II,
Appendix F of Chapter 11-62 for 17 of the 19 proposed residential lots.
2. The proposed equipment and operating conditions cannot be altered to bring the
facility into compliance with the environmental rules of the state within a reasonable
amount of time for the following reason:
The proposed development is intended to provide affordable housing for residents of
Hawaii Island. The construction of the development is subsidized by the United
States Department of Agriculture (USDA), Rural Development Program. The
additional cost of providing a sewage treatment plant for the proposed subdivision
would increase the construction cost significantly and could exceed the funds
available from USDA for the project. Likewise, requiring 10,000 square foot minimum
lots could decrease the number of affordable housing units. Current waiting lists for
affordable self help housing in West Hawaii exceeds 250 families and meetings held
in North Kohala in November of 2005 regarding the project was attended by over 300
people interested in obtaining further information.
3. The granting of this variance is in the public interest as defined in the Hawaii Revised
Statutes, section 342.D-6(c) in that it provides affordable housing for low income
residents of Hawaii Island. The residents of this subdivision will come from income
brackets that would not allow them to otherwise construct and own homes of their
own. The proposed self help housing project wil; permit these residents to vastly
improve their existing housing situation which is likely to be sub-standard due to
overcrowding or allocating a disproportionate share of their income towards housing.
4. The granting of this variance will not substantially endanger human health of safety.
The proposed wastewater systems will collect, treat and dispose of the domestic
wastewater in such a manner that no health or safety concerns are created. Although
17 of the 19 proposed residential lots lie within 1000 feet from the potable water
source identified as Hawi Well #1, the Hawaii County Department of Water Services
has determined that the proposed septic tank systems should have no adverse impact
to that source's water quality. The proposed individual wastewater systems are
located at sufficient elevation (approximately 500 feet above mean sea level) and
sufficient horizontal distance (approximately 1.7 mile) to minimize their potential to
contamination of shoreline waters.
Kumukua Affordable Housing Phase II - Variance Application WW302, Docket No. 09-VWW-05
Findings of Fact and Conclusions of Law Page 2
5. Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefits to the public. The
residents of the proposed affordable housing project are essentially economically
depressed or financially disadvantaged. Coupled with unprecedented increases in
housing costs, many of the residents of the proposed facility would not be able to
afford housing without assistance from other State or County agencies. Requiring
compliance to the subject rules addressed by this variance request will not provide
much grater benefits to the environment of the public than the proposed variance
request to these rules would provide.
6. The time period requested for this wastewater variance is five years. This time period
is necessary to allow for the construction and occupation of the proposed affordable
housing project.
7. The variance is requested for the maximum of five (5) years.
Plot maps and letters from Department of Water Supply, County of Hawaii have been
attached to this application for variance but can not be shown here.
The following agencies submitted the following comments:
1. The Clean Water Branch defers to the Wastewater Branch's final decision.
2. The Safe Drinking Water Branch submitted the following comments:
We recommend that.the 10,000 square foot lot area requirement for each individual
wastewater.system (IWS) be upheld and that the proper construction of IWSs for
.,house lots found within 1000 feet setback from the Hawi No. 1 well.be•closely
monitored.
Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any
questions.
3. 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 must be submitted to the Wastewater Branch for review
and approval at the time of building permit application. In addition, the IWS
must be approved in writing before it may be used.
B. The type of wastewater system to be used shall be at the minimum a septic
tank system with a shallow soil absorption disposal system unless site
conditions prevent it use.
C. For properties to be located within the 1000 feet radius of tiie Hawi potable
water well, the soil absorption disposal system should be located as far as
possible away from the well.
Kumukua Affordable Housing Phase II - Variance Application WW302, Docket No. 09-VWW-05
Findings of Fact and Conclusions of Law Page 3
D. Only one (1) individual wastewater system (IWS) will be allowed per lot. The
type of wastewater system to be used shall conform to the provisions of
Hawaii Administrative Rule, Chapter 11-62 in effect at the time of building
permit application.
E. No further subdivision will be allowed within a 1000 feet radius of any potable
water well. Future subdivisions may be allowed with the written approval of
the Director of Health provided that all applicable provisions of Chapter 11-62,
HAR in effect at the time of subdivision application are met.
F. The project shall connect to the County sewer service system should it
become available to the area.
G. There is no automatic renewal. Should applicant wish to renew his variance
application, applicant must submit an Application for Variance for renewal.
H. Therefore, upon the agreement of the conditions stated, we recommend the
granting 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:
1. 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:
1. Plans for each IWS must be submitted to the Wastewater Branch for review and
approval at the time of building permit application. In addition, the IWS must be
approved in writing before it may be used.
Kumukua Affordable Housing Phase II - Variance Application WW302, Docket No. 09-VWW-05
Findings of Fact and Conclusions of Law Page 4
i
2. The type of wastewater system to be used shall be at the minimum a septic tank
system with a shallow soil absorption disposal system unless site conditions prevent it
use.
3. For properties to be located within the 1000 feet radius of the Hawi potable water well,
the soil absorption disposal system should be located as far away as possible from
the well.
4. Only one (1) individual wastewater system (IWS) will be allowed per lot. The type of
wastewater system to be used shall conform to the provisions of Hawaii Administrative
Rule, Chapter 11-62 in effect at the time of building permit application.
5. No further subdivision will be allowed within a 1000 feet radius of any potable water
well. Future subdivisions may be allowed with the written approval of the Director of
Health provided that all applicable provisions of Chapter 11-62, HAR in effect at the
time of subdivision application are met.
6. The project shall connect to the County sewer service system should it become
available to the area.
7. 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, Julv 2 2009
` THOMAS E. A IZUMI, PP.. EE., IEF
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Kumukua Affordable Housing Phase II - variance Application W W302, Docket No. 09-VWW-05
Findings of Fact and Conclusions of Law Page 5
i
Transmittal Date: C
Wastewater Branch Variance Application Docket No. VWW - APP # WW
Name/Title: awn-
Subject: Final Signed Decision Cover Letter, Signe Decision & Order & Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant: wa 11 n1
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 - FOR YOU TO KEEP OR DISCARD
Environmental Planning Office - Kelvin Sunada - FOR YOUR INFORMATION
Safe Drinking Water Branch = Stuart Yamada
Sanitation 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)
[ ] Kauai - Lori Vetter
[ 1 Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments 7
[ ] Board of Water Supply - Wayne M. Hashiro
[ >e_] County of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - Jeffrey Eng
[ ] Kauai Count Depart me t of Water- Edward Tschu
[ ] Maui DHO - S ( , District Environmental Health Program Chief
[ ] Kauai DHO - Gerald Takamura, District Environmental Health Program Chief
[ X] Hilo DHO - Newton Inouye, Actin District Environmental Health Pro ram Chief
City & County of Honolulu, Department of Planning & Permitting
I>< County of +fAMIl Council I Honolulu City & County Council
Oahu Neighborhood 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 96814-4920
phone (808) 586-4294 fax (808) 586-4300
my documents\c temp\wwb - 2009 variance route slip - final decision.doc as of 04/13/2009