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HomeMy WebLinkAboutCOM 0462.000 2008-2010LINDA LINGLE GOVERNOR OF HAWAII 4~ ~ M ~ O5g k `,.~ ~1 1 M T~\,, ~.".r~tii6 'd STATE OF HAWAII DEPARTMENT OF HEALTH CHIVOME LEINAALA FUKINQ M.D. DIRECTOR OF HEALTH P.O. BOx 3376 In reply, please refer io: HONOLULU, HAWAII 96801 EMD / WB WW 340 PN CL July 16, 2009 ~) ;-'r_~ ~ ~.. ~ ''-, 2,=. w--: -a`-, tV '~ Ids . . Mr. Paul A. Nash ., Civil Engineer - , ~ -- Atlas Engineering, LLC - ; P.O. Box 11188 - :.o ^-- Hilo, Hawaii 96721 ``` fV C~7 Dear Mr. Nash: Subject: Variance Application No. WW 310 Docket No. 09-VWW-13 Application for Variance -Primarily Concerning Large Capacity Cesspools The Proposed Use of Septic Tanks to Replace A Large Capacity Cesspool Serving Eight (8) One-Bedroom Apartments Ching Family Partners, Day-Lum Rentals & Management 333 Lehua Street, Hilo, Hawaii 96720 TMK: (3) 2-6-004: 036 9630 square feet The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules (HAR) for the subject property. In accordance with Hawaii Revised Statutes (HRS) Chapter 342D-7, and Chapter 11-62, Section 11-62-41, HAR, a public notice of this proposed activity is required. Enclosed is a copy of the required public notice. Please read the public notice and contact the Department of Health Wastewater Branch if any discrepancies or corrections are required. If the public notice is satisfactory, the public notice is required to be published in the Honolulu Star Bu//etin and Hawaii Tribune Hera/d one (1) time only. Please contact the following agencies for assistance in the publishing of the public notice (names and emails may have changed -this is only basic information on file). Also, if an a-copy of the Public Notice is requested by the newspaper agency, please email lori.morikami@doh.hawaii.gov and she will email a printable version of the public notice to you. Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500, Honolulu, Hawaii 96813 Contact Lisa at phone (808) 529-4344 or Rose at (808) 529-4825, fax (808) 529-4829, email lisa@starbulletin.com Hawaii Tribune-Herald, contact Ms. Makanani Kaaua, phone (800)548-1294, fax (808)969-9100 email maka@hawaiitribune-herald.com Failure to have this notice published within three (3) weeks of receipt of this letter may result in a greater delay of the final decision of this application for variance. All publication costs are the responsibility of the applicant. Once published, you must submit the original certified affidavits of Comm. No. 7 ~ Z Ref. To: ~~" Ref. Date .IUL ~~~-- Mr. Paul A. Nash July 16, 2009 Page 2 the publication from both newspaper agencies to the Wastewater Branch at 919 Ala Moana Blvd. Room 309, Honolulu, Hawaii 96814-4920 within fifteen (15) days after the publication date. You may make a copy for your records. Please be advised that, pursuant to HRS Chapter 342D-7, a public hearing may be required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed a receipt for your variance application for the amount of $300.00. If you have any questions regarding the public notification procedure or the processing of your variance application, please call the Planning & Design Section 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., C F Environmental Management Division Enclosures: Receipt No. 26534 Public Notice ' c: Applicant-Ms. Kristin Makami Clean Water Branch -Please return ONLY route slip Safe Drinking Water Branch Wastewater Branch -Hilo Staff Engineer Department of Water Supply -County of Hawaii Dy'~trict Health Office -Hilo ~waii County Council WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 310 DOCKET NO. 09 - VW W - 13 Pursuant to Hawaii Revised Statutes (HRS) Section 342D-7(i), the State Department of Health (DOH) seeks written comments-from interested persons regarding the following. Ching Family Partners, Ms. Kristin Makami, Day-Lum Rentals & Management, 2 Kamehameha Avenue, Hilo, Hawaii 96720 have applied for a variance for the maximum of five (5) years as stated application for a variance from Sections 11-62-03 and 11-62-31.1(a)(1)(D), Hawaii Administrative Rules (HAR). Mr. Paul A. Nash, Civil Engineer, Atlas Engineering, LLC, P.O. Box 11188, Hilo, Hawaii 96721, is the individual authorized to act for the applicant. The applicant is requesting the use of treatment individual wastewater systems (septic tanks), replacing a large capacity cesspool for a lot with eight (8) one-bedreom apartments. The lot is located at 333 Lehua Street, Hilo, Hawaii 96720, TMK (3) 2-6-004: 036, 9,630 square feet. The estimated wastewater flow is 1,600 gpd. 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 1,600 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 33 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 33 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 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. 9. The actual water usage is less than 1000 gpd. 10. The residents of 333 Lehua Street are essentially economically depressed. 11. 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. 12. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 13. The variance is requested for the maximum of five (5) years. The Information for Variance Evaluation by UIC Program and plot maps have been attached to this application for variance but can not be shown here. If you would like to review the complete application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 and/or fax (808) 586-4300 to obtain a facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after receipt of separate related documents and written comment, if any. CHIYOME LEINAALA FUKINO, M.D. Director of Health State of Hawaii Wastewater Branch Department of Health Application No. WW J IV Environmental Management Division Docket No. ~ - VWW - ~~ APPLICATION FOR VARIANCE -Primarily Concerning Large Caaacity Cesspools Wastewater Systems In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004 Submit ONE (1) original with filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Bfvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808) 586-4294 Fax (808) 586-4300 Attachments are allowed. For copying purposes, 8 t/z" x 11"format is preferred. GENERAL INFORMATION (please print or type): A. Name: CFa/A/~ ~/1J~t/Ly ~A- 2~ ti1F (Corporation, company, agency, firm, etc. variance) Contact person: K,e 15 TI N ,v(q ,e~M J Mailing address: DA ~ - Lv M 2 TA (S 2 M Ll N/1 ~ i~~t/ 7' (city> 7 Nature of Business: Check applicable category. EPA makes the final determination of a Large Capacity Cesspool (LCC). [ j Non-Residential LCC [ ] Retail Business [ ] Visitor Center [ ] Church [ ] School [ ] Golf course clubhouse / restroom [ ) Restaurant /food establishment [ ] Other, please specify: [~ Regidential LCC [ ~j Multiple dwelling [ ] Community system [ ] Regional system [ ] Other, please specify: P:1wwblApplication for LCC Variance April 200B.doc as of Apnl 6, 2008. Page'I of 6 Provide location of existing cesspool(s): Tax Map Key No. (_.j ) l - ~=- C) ice: rrj:JCr, 1=Oahu 2=Maui 3=Big Island 4=Kauai (City) (Island) (Zip B. Individual authorized to act for applicant: Name: PA.V L A , iJ ASH Title: G)~/ i 1 ~~ ( 1 F ~~ Company: ATLAaS ~~[ r-tflf--F--~f l(t ~l_C Address: D O P~ D~ I I I ~~ I--I ~ 1, D i-J 1 ~~ Z. (city) (Island) (Zip Code) Phone No.: JISS~ ~FhS '73~ Fax No.: ~~!~;~ ~F~S - ~j53~ EmailAddress:_ zQ-Y1aS['j ~ ~/cch~~,, C~YVI C. Identify the specific section(s) of Chapter 11-62 for which the variance is requested. Check applicable sections: [JI Section 11-62-03 Definitions state "Individual wastewater system means a facility which is used and designed to receive and dispose of no more than one thousand gallons per day of domestic wastewater. Each individual wastewater system includes all connected plumbing, treatment (if any), and disposal components that could, if not connected, serve as separate wastewater systems." [ ] Section 11-62-31.1 (a) (1) (A) "Developments involving dwellings: There shall be 10,000 square feet of land area for each individual wastewater system. " [ ] Section 11-62-31.1(a)(1)(C) `Developments involving dwellings: Area of the lot shall not be less than 10, 000 square feet except for lots created and recorded before August 30, 1991. For lots less than 10, 000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed." [ ] Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings: There shall be 10, 000 square feet of usable land area for each individual wastewater system. Usa61e land area shall not include the area under the buildings." P,IwwblApplication for LCC Variance April 2008.doc as of April 8, 2008. Page 2 of 6 [ ] Section 11-62-31.1(a)(2)(8) "Developmentsinvo/vingbuildingsotherthan dwellings: The total wastewater flow of the development shall not exceed 75,000 gallons per day." [ ] Section 11-62-31.1(a)(2)(CJ "Developments involving buildings other than dwellings: Area of the lot shall not be less than 10, 000 square feet except for lots created and recorded before August 30, 1991. For lots less than 10, 000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed. " [~ Se~noa ll-6Z-3!•I (q~(1)(D~ -f-µE'1~'rgl~wAS WA-~~ F1-DWIU^rD orl~ IWS St-!cA µoT SF_p..VE, NtoaE Turfy FLVB Ben of UtuemLt~~~ A2Ef'~nN t~QL/N VNf'r Ote TWO , II. SPECIFIC INFORMATION: A. Describe existing facility conditions in detail, in relation to the requested variance. (Example: Requested Variance forHAR Section 11-62-31.1 (a)(2)(C): The total area of the subject lot is 8, 500 square feet. The lot has 2 buildings on it consisting of a restaurant and a physical therapy office which are served by a cesspool The estimated wastewater flow is 2,000 gpd.) _S~TI(-~N I}-Co Z,-Ej~• Tt/•j5 RELLmIVE 1~t0 MO2E. TNAI.\ I ocp c Pt7 Tla LO'T' FaAS E(G,NT' dN1= gEpp-~r-1 A17R(LTr.~~1'I-5 TN Q2EA (~~ T~1~ LOT IC RCc O SF. THE EST1t~lATE~ ~A~'I-~WATEf~ Ft n~r.i IS 1 OQ GPD, THE AP/a2Tt`n~rt-TC A2E S~.F=~/E.D 'P~y Alt E>CtSTI ~r L.CC , APPRe»CI r-tnT 1=-L`/ moo ~Pt~. B. Describe how the present or proposed conditions fail to conform to the environmental rules of the State. Check applicable category and provide missing information. [ ] The area of the lot is square feet. This is insufficient to meet the minimum land area requirement for IWS utilization which is one IWS per 10,000 square feet of lot area. (vJ 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 t , 6 o O gallons per day. P:IwwbWpplicaUOn for LCC Variance April 2008.doc as of April B, 2008. Page 3 of 6 [ ] Other, please specify: C. Describe in detail why the present or proposed equipment and/or operating conditions cannot be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time. Check all applicable reasons. [~ The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements. [,i]" The current State requirement of a wastewater treatment plant would significantly add to the construction and ongoing maintenance costs. [./r The facility has been in operation for 3 ~a 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. [ ] Other, please specify: D. Check applicable reasons listed below and/or supply supporting information (Attachments D-1, D-2 & D-3) to clearly show that: (1) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D-6(c). [~ 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. [/J Prevent loss ofjobs. The LCC serving my facility has been in operation for 3 years. The current State requirements of a wastewater treatment plant would significantly add to the construction and ongoing maintenance costs. I (owner) may be forced to close my existing business and lay off my employees. P:1wwbWpplication for LCC Variance April 2008.doc as of April 8, 2008. Page 4 of 6 (2) The granting of the variance will not substantially endanger human health or safety. [o'r 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 system. [ ~ The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. The proposed IWS is an improvement over the existing cesspool in terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior to effluent disposal. [.~1 Other, please specify: /~c-I-yg7 a 7A-t- " l~ SA~~ l! L'6Sc Tl-1~.1~ I U ©O ~nP (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefit to the public. [ V] The residents of ___3__33 L~Ej~I/~, ST" are economically depressed. [JJ The owner of the facility cannot afford to build and operate wastewater systems (such as small aerobic wastewater treatment plants) to meet all the requirements of HAR Chapter 11-62. [~./~ The existing location of the facility is severely restrictive, and there is insufficient space to construct a wastewater treatment plant. Specify the amount of time requested for the variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (if additional space is required, please include the information on a separate attachment and labe/l "Attachment E-1 "). Check applicable amount of time requested. [~J 5 years [ ] 4 years [ ] 3 years [ ] 2 years [ j 1 year Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc.) Label "Attachment F-1." P;1wwblApplication for LCC Variance April 200B.doc as of April B, 2008. Page 5 of 6 i III. CERTIFICATION: I, ~~` U L .r ~~ ~ a ~1 ~ GI ~! 1 I.- {=,1~1 L'c 11~ ~~--.• , (Print Name) (Print Title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. Signature: ~~ ~ Date: _ 6 LZ ~ O DO NOT WRITE BELOW -FOR AGENCY USE ONLY IV. Date Application received: ~/~/' L5 ' !_t~v I V. Application No.: ~w 3 VI. Docket No.: ~ff~ww-1, II/V,Aw,^, V v - VII. Received by: /r,,,, N'V '~'V' Vlll. Filing fee ($300.00) check date: ~YJ'2 ^Lfs-~G., Check # ~ ~ 2 IX. Department of Health Receipt # ~/G3 X. Decision on Application (including date): XI. Date of Public Hearing: P:1w.vbWpplication for LCC Variance April 2008.doc as of April 8, 2008. Page 6 of 6 looo C~a~ SaP[-iC Ta N K (N o saFFLE,~; I~00 Gf~i, SE'PT'IC TANK W(EF~I..vEI~"'C ~IL~R " r~ E~ r PRo ~> SF~ ~c ~-1~1~,r~:r-l c s7 FLOOR. A.NO Z`^~ ~=LO~iz ~- f_ O~ ~ ~ p L~ ~ T s DEPT OF WATER SUPPLY COUNTY OF HAWAII Account Numhar Name 002-38012400-10 OAY-LUM INC-333 :ad Dates Billing Meter Readinm PREVIOUS BALANCE PAYMENT 02-13-2009 BALANCE FORWARD STANDBY CHARGE CONSUMPTION CHARGE.: POWER COST CHARGE Service Address 333 LEHUA ST Previeua 8alenea ea of :0204.09 8192.49 Payments & Adjustments 02-00.09 (f192.49) Balance Forward as of : 04-02-09 Current Charges es at : 04-02-09 8185.20 Total Amount Due CURRENT CHARGES TOTAL AMOUNT DUE aP - 6 2009 ~ ~1~~~_ - _.~. J j .. ...--__ _,._J ~-7TAC~4M.Et~(T ~ -~ 192.49 -192.49 0.00 24.00 66.00 95.20 f185.20 ie`s.z INFORMATION FOR VARIANCE EVALUATION BY UIC PROGRAM Underground Injection Control (iJIC) Program, Safe Drinking Water Branch Deparhnent of Health, State of Hawaii 919 Ala Moana Blvd., #308, Honolulu, HI 96814 Tel. No. 808-586-4258, Fax: 808-586-4351 For lNfice Use App. # W W: ^ above ^ below UIC line Attention: This information will be used to determine your project's applicability to UIC requirements and the authorization to abandon or operate the effluent disposal system Answer all parts accurately and completely. Inaccurate or incomplete answers may result in processing delays. Facility address: zi 3 ~7 L E l ltJ A /STREET Owner : C Ff Ih(6 Fq M / L t/ Pp 2TALE/2S Island: /,(A ~ A (~ TMK No.: ~3 ~ 2 - (o - ~ 4 : (~ 3 (p Lot size: y~ ~ 3~ sq. ft. A~~eti~~on related to disposal (check all applicable): ^ abandon cesspool reuse cesspool ^ build new cesspool L4'reuse cesspool as seepage pit ^ build new seepage pit ^ reuse leachfield ^ build new leachfield ^ reuse injection well ^ build new injection well ^ other: Describe the disposal structure: OR ^ leachfield ft. x ft. deep g (~ existing: ~_ d ~ how many: I grd. elev. (g) ft. 60 ~ t ^ cesspool ~.~ h seepage pi[, or diameter (d) $. ~O ^ injection well t,l. depth (h) ft. / O depth to standing water from surface if present: A/O /~/~ Wastewater type (check all applicable): ^ domestic Ly' residential ^ rton-residential ^ runoff ^ industrial ^ aquaculture ^ commercial products processing ^ food processing ^ammal-related ^ swimming pooUtubs ^ condensate ^ aesthetics ^ healthcare-related ^ floor drains ^ other: Facility's wastewater flow in galfohs per day: Average Maxumim Existing design: /d~~ Future design: I ~ ~ ~ Actual (measured or metered): FiSO 7St~ Person providing this information: ~ ^ is the owner. L9~ is representing the owner. ~~jj Printed name: pA U L A . N A S ~ Signed: ~ ~C Title: Ehl Co (1~ FiEC2 Company: A T'L.. A S ~ ~ l tJ ~~ 1 I~~ (~ LI- C Address: PQ ~i~/~=~ ~ A 15 ~'b I L~ N ~ / 67 Z ` Date: ? ~O rj (O 9 Phone: ~e~g6S 73~~ Fax: _~ G FJl~ ~,~7j___/ _ (0408) ~D .. I ., _ Transmittal Date: Sus ense Date: Wastewater Branch Variance A lication Docket No. -VWW- APP # WW Name/Title: I Cf'S Subject: Cover Letter, li Noti an Variance Application ROUTE TO: A licant: n ! A ent: Director of Health -Chi a Leinaala Fukino Deputy Director for Environmental Health Administration -Laurence Lau Chief, EMD -Thomas E. Arizumi Attorne General's Office - De ut Attorne Edward "Ted" Bohlen Clean Water Branch - Alec Won Environmental Plannin Office -Kelvin Sunada Safe Drinkin Water Branch - Stuart Yamada • Sanitation Branch -Commercial Pro erties Onl Wastewater Branch Staff Personnel `)~1~ilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) [ j Kona -Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ ]Kauai - Lori Vetter [ ]Maui -Roland Tejano Oahu - Johnn On ' Water Departments [ ]Board of Water Supply -Clifford Lum _ °[~.County of Hawaii Dept of Water Supply -Milton Pavao [ ]County of Maui Dept of Water Supply -Jeffrey Eng Kauai Count De artment of Water -Edward Tschu [ ]Maui DHO - ll'11'] 4tK1:1'~~~=i District Environmental Health Program Chief [ ]Kauai DHO - (~ (~ `t =~f ~.^L( ,District Environmental Health Program Chief (.Hilo DHO - 1(;~~yj U~+sA~~istrict Environmental Health Program Chief Cit & Count of Honolulu, De artment of Plannin & Permittin 7 Floor Coun of VYA { 1 Council / Honolulu Cit &Coun Council Oahu Nei hborhood Board # AC:IIVN garding the Cover Letter, Public Notice & Variance Application, please check one box: [ ]Recommend to GRANT this variance application. [ ]Have no objection to the GRANTING of this variance application. [ ]Recommend to DENY this variance application. [ ]See attached comments. Reviewed by Title Contact Phone # Fax # _ Please return this ROUTE SLIP. You may add a separate sheet of to this. Return this 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 templvvwb - 2008 variance route slip - CL PN App.doc 05/23/2008