HomeMy WebLinkAboutCOM 0504.000 2008-2010
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rtE f ) CHIYOME LEINAALA FUKINO, M.D.
LINDA LINGLE
GOVERNOR OF HAWAII t}) !r' DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In repfVplease refer to
HONOLULU. HAWAII 96804 ~ D / WB
`.n W,W 313_PN CL
August 6, 2009 c _
Mr. Michael Krochina, P.E. _
Krochina Engineering
P.O. Box 4613 v
Kailua-Kona, Hawaii 96745 c.a
=y 0
Dear Mr. Krochina:
Subject: Variance Application No. WW 313 Docket No. 09-VWW-16
Application for Variance - Primarily Concerning Large Capacity Cesspools for the
Lenders Document Building Allowing Daily Wastewater Flow of 3,000 gpd Split
into Two (2) Separate Septic Systems Utilizing Large Capacity Cesspools as
Disposal Pits; 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
TMK: (3) 7-7-009: 056 30,784 sf
The Department has reviewed your application for a variance from Chapter 11-62, Hawaii
Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and
Chapter 11-62, Section 11-62-41, 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-
Bulletin and West Hawaii Today one (1) time oniv. 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
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.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
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 Chapter
342D-7, HRS, 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. so 14
Comm. No.
Ref. Toi
Ref. Data 'A'06 19 20~-
Mr. Michael Krochina
August 6, 2009
Page 2
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., CHIEP
Environmental Management Division
Enclosures: Receipt No. 26537
Public Notice
c: Applicant - Clark Commercial Group
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
?Fiawaii County Council
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 313
DOCKET NO. 09 - VW W - 16
Pursuant to H.R.S. Section 342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks
written comments from interested persons regarding the following. Lenders Document Office Building, office and
public services, located at 77-6399 Nalani St., Kailua-Kona, Hawaii 96740 has applied for a variance for the
maximum of five (5) years as stated in the variance application from Hawaii Administrative Rules (HAR)
Sections 11-62-03 and 11-62-31.1(a)(2)(A).
Mr. Michael Krochina, P.E., Krochina Engineering, P.O. Box 4613, Kailua-Kona, Hawaii 96745 is the
individual authorized to act for the applicant. The applicant is requesting this Application for Variance, Primarily
Concerning Large Capacity Cesspools for HAR Sections 11-62-03 and 11-62-31.1(a)(2)(A). The total lot area is
30,784 sf, building footprint 5,400 sf, yielding a net unencumbered area of 25,384 sf. Allowable daily
wastewater flow would be 2,538 gpd. It is estimated that the wastewater flow will be 3,000 gpd. This flow is
proposed to be split evenly into two (2) separate systems utilizing existing LCC with flows of 1,500 gpd being
discharged into each system. The Lenders Document Building is located at 77-6399 Nalani St., Kailua-Kona,
Hawaii 96740 TMK: (3) 7-7-009: 056, 30,784 sf.
The applicant has made the following comments.
1. The two (2) large capacity septic system proposed to serve the facility would not comply with HAIR
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 1,500 gallons per day.
2. Total lot area = 30,784 square feet, building footprint = 5,400 square feet, net area = 25,384 square feet
yielding allowable daily wastewater flow of 2,538 gpd. The proposed flow of 3,000 gpd exceeds this
volume thus the proposed systems do not conform to HAR Section 11-62-31.1(a)(2)(A).
3. 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.
4. 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.
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. 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.
7. 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.
8. 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.
9. The variance is requested for the maximum of five (5) years.
The Information for Variance Evaluation by UIC Program and design calculations for the septic tank systems
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
Department of Health Wastewater Branch
Environmental Management Division Application No. WW A)
Docket No. - VWW
APPLICATION FOR VARIANCE - Primarily Concerning Large Capacity Cessoools tom'
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues
as of December 9, 2004
Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 968144920
Ph (808) 586-4294 Fax (808) 566-4300
Attachments are allowed, but preferred in 8 1/2' x 11" format (for copying purposes).
1. GENERAL INFORMATION (please print or type):
A. Name: CLARK G oMMFRC rAr ruDUP
(Corporation, company, agency, firm, etc. seeking variance)
Mailing address: 75-5722 Knakini Hiahw-v !lj14
Kailua-Kona HI 96740
(City) (Island) (Zip code) -
Nature of Business: Check applicable category. EPA makes the final determination of a large
Capacity Cesspool (LCC).
[X] Non-Residential LCC
[ ] Retail Business
[ ] \ isttor Center
[ ] Church
[ ] School
[ ] Golf course clubhouse / restroom
[ ] Restaurant / food establishment
[~Q Others, please specify: - C ff \C-F- k C.,a6c scp'~CE S
[ ] Residential LCC
[ ] Multiple dwelling
( ] Community system
[ ] Regional system
[ ] Others, please specify:
Provide location of existing cesspool(s):
Tax Map Key No. ( 3 1 _ 1 _ ap o g (o
Applicatlon for LCC Vadence.dm v as of December % 20U Page 1 of 6
1=Oahu 2=Maui 3=Big Island 4=Kauai
7-7-(0399 ]JAL-o%,,-ti Snv-ce-C
(number) (street)
'40t ..h - k-0-N 46-7+0
(City) (Island) (Zipcode)
B. Individual authorized to act for applicant
Name: M%c%kihe\- k¢oGA\ P. Y.E. Title: owwE?- - tCg ,,A+..w +bw EFQ w b
Address: 2-0 - ~x 4-b 13
(City) (Island) (Zip code)
Phone No.: 325- 3%16 Fax No.: (gc')327 -oe \9
Email Address: 1+1,~'e D lCCOGhwwarw~n¢2r~n? Cow.
C. Identify the specific section(s) of Chapter 11-62 which the variance is requested. Check
applicable sections:
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 sha0 have all of its plumbing, treatment (rf any), and disposal components
separate from any other wastewater system.'
[ ) Section 11-62-31.1 (a) (1) (A) For residential developments. There shall be 10,000
square feet of land area for each individual wastewater system.
°
[ ] Section 11-62-31.1(a)91)(C) For residential developments. Area of the lot shall not be
less than 10,000 square feet except for lots created and recorded before the effective
date of this rule. For lots less than 10, 000 square feet which were created and recorded
before the effective date of this rule, only one individual wastewater system shall be
allowed.'
Section 11-62-31.1(a)(2)(A) Developments involving buildings other than dwellings.
The wastewater flow generated shall not exceed 1000 gallons per day per 10,000
square feet of usable land area which shall not include the area under the buidings.'
[ j Section 11-62-31.1(a)92)(B) Developments involving buildings other than dwellings.
The total wastewater flow shall not exceed 15, 000 gallons per day.'
[ ] Section 11-62-31.1(a)(2)(C) 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 the effective date of Misrule. For lots fess than 10, 000 square feet
App62don for LCC Variame.dw ~ as of December 9,20D4 Page 2 of 6
which were created and recorded before the effective date of this rule, only one
individual wastewater system shall be allowed.'
if. SPECIFIC INFORMATION:
A. Describe in detail the existing and conditions of the facility in relation to the requested variance,
(Example: Requested Variance is for HAR 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-)
t2EWwC-A*S Vrs.M.W*1 Ce tsVw-'AAR Sec~hn.,S A-bt-o; h \-t+L-31.1 s
laf-cvtel tav..En :s 3o-taa~z ~w.-. ,~,rt '.h ~"s S.4oo-t~t it41'
b r•E1c yr.¢wc-h-V- -.cL are.. pF 25384~CF' ALb..r1a da~~ wa+k .~s~ r
~W d be =T ¢-r ow'%eL -MAC Ana wea~e.ra r
~laa % :Al bt 3aoo apd 11n%s Flaw ~s ?Me% W6i,o 6e. ep1~-\
\;00 -two Se~w~R sYS «.s .~1 ~~a.,t`axts~;•~ Lce ujAh
kt.~s PT ISu01.V%. r1`~SCY~vgeb. info ew.cL, L,I&4%1 ,
B. Describe how these present or proposed conditions fail to conform with the environmental rules
of the State. Check applicable category and fill4n-the missing information as appropriate.
[ ] The area of the lot is square feet. This is insufficient to meet the
minimum land area requirements for IWS utilization which is one IWS per 10,000 square
feet of lot area.
-tvo
The)arge capacity septic syster iproposed 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 systentmuki be 1.5-0 o gallons per
day.
If not in the choices, please specify. jorn%- LoT RSLEq : 30, 78
av~~D~..,\o W;t K?S:,ba - S 4ao WET A¢EP%
25,384'- YtEt~wb hy.o_.#.%yr 10A;LY wA~SF..AiFt Fo.
of Z. S 313!q WiaE a5N m O 'F, 0 f: 3n00 !19& excF~, s
-T%4%%5 vaw+^.E Thus \00E 9P0p@SEO 5~5}~•wS yo wro-c Cvr FQV-
'10 r~Aft SrcrsroJ tl~b2-3r,t(a)0-)l1
C. Describe in detail why the present or proposed equipment and/or operating conditions cannot
Applkwtion rar LCC Variawe.dw v as of December 8.20b4 Page 3 of 6
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.
N 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.
The current State requirement of a wastewater treatment plant would significantly
add to the construction cost as well as require a much greater ongoing maintenance
cost
[ ) The facility has been in operation for 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.
[ j If not.in the choices, 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 minimizes impact to the environment
[ ) Prevent loss of jobs. The LCC serving my facility has been in operation for
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 dose my existing
business and lay off my employees.
(2) The granting of the variance will not substantially endanger human health or safety.
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.
Appka6on for LCC Vadame.dm vww as of December 9, 2004 Page 4 of 6
[>a 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.
[ ] If not in the choices, please specify.
(3) 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 are essentially
economically depressed.
[ A 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.
( ] The existing location of the facility is severely restrictive. There is simply
no space to construct a wastewater treatment plant.
E. 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 label
"Attachment E-1"). Check applicable amount of time requested.
5 years [ ) 4 years [ ] 3 years
( ) 2 years ( ] 1 year
F. Submit any additional Information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc., and label 'Attachment F-1').
III. CERTIFICATION:
I, GNI%?la F.rtrni~e~ byC
rint 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 arld
b i
Signature: l:~
Date:
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: o e) App9ca9on for LCC Vadance.doc v as of December 9, 2004 Page 6 of 6
V. Application No.: Y p' Y
VI. Docket No.: Q V ? • ' I
VII. Received by: ^L.AV
VIII. Filing fee ($300.00) check date: l U,, f01 Check #
IX. Department of Health Receipt #
X. Decision on:Application (including date):
XI. Date of Public Hearing:
Appkawn for LCC VarL n .dm vww ae of December 9, 2004 Page 6 of 6
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INFORMATION FOR VARIANCE EVALUATION BY UIC PROGRAM App' a ww'
? above ? below UIC fits
Underground Injection Control (UIC) Program, Safe Drinking Water Branch
Department of Health, State of Hawaii
919 Ala Moana Blvd., #308, Honolulu, HI 96814
Tel. No. 808-586-4258, Fax: 808-586-4351
Attention: This information will be used to determine your projecfs 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: -7 - (a 3q9 1JALA4% S-Q Cel Owner:
Island: F~ 0,,V A \ \ TMR No.: 7- 7- 009 : o S b Lot size: 3'or 7 9 4- sq. ft.
Action related to disposal (check all applicable): ? abandon cesspool ;XwaseTassptal ? build new cesspool
,Zreuw 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: ? leschfield ft x ft. x B deep
OR
g existing: ? new:
d how many: Z
grd. elev. (g) &
? cesspool r
h ? seepage pit, or diameter (d) ft. 6 -
? injection well • depth (h) R IS 13"
1 f depth to standing water
from surface if present: 0 O
Wastewater type (check all applicable): A3 domestic ? residential Anon-residential ? runoff ? industrial
? aquaculnne ? commercial products processing ? food processing ? animal-related ? swimming pool/tubs
? condensate ? aesthetics ? healthcare-related ? floor drains ? other:
Facility's wastewater flow in p;alla6s per day: Average Maximum
Existing design: a. SL S-~ Future design: 0 0 Actual (measured or metered):
Person providing this information: . .
? is the owner. ,ci is representing the owner.
printed name: !•IuAAE1.. KP.ye?lA+a "P•E. Signed: l,JllJ~t~`'~
Title: OWrJER Company ~LPxtt/i.tq ~t.Ib1tJEERirJ11
Address: ? 0 Sox A'fl 3 ICg;Lvg t \4s Q b~ 4S
Date: h l -o Phone: Uut) U 31340 Fax: 600$) 3Z O° 1 q
(0408)
3
Wastewater Calculation
LENDERS DOCUMENT OFFICE BUILDING
TMK No. (3) 7-7-009:056
1. LOCATION
77-6399 Nalani Street, Kailua-Kona, Hawaii County
2. PROJECTED FLOW
Allowable Daily Wastewater Flow:
Area of Parcel: 30,784 sq. ft.
Footprint of existing Lender's Document office building: 5,400 square feet.
Footprint of existing Children's Justice Center: 960 sq. ft
Allowable Daily Wastewater Flow:
30,784 - (5,400 + 960) square feet/ 10,000 square feet/ 1000 gallons per day = 2,442 gallons per dt
Estimated Maximum Wastewater Flow
System # 1
Receives wastewater from approximately 5600 sq. ft. of tenant space
(Lender's Document Building 1° and 2nd floors)
Restroom and breakroom counter sink use only - no kitchen facilities
Maximum number of employees: 30
Gallon per day per employee: 25
Maximum number of visitor uses per day: 100
Gallon per use: 5
Misc. Cleaning and other uses: 50 gpd
Total Daily Flow, GPD: (30 x 25) + (100 x 5) + 50 = 1,300 (use 1,500)
System # 2
Receives wastewater from approximately 3900 sq. ft. of tenant space
(Lender's Document Building 3'd floor) and 1,360 sq. ft of tenant space (Children's Justice Center
Restroom and counter sink use only - no kitchen facilities
Maximum number of employees: 30
Gallon per day per employee: 25
Maximum number of visitor uses per day: 80
Gallon per use: 5
Misc. Cleaning and other uses: 75 gpd
Total Daily Flow, GPD: (30 x 25) + (80 x 5) + 75 = 1,225 (use 1,500)
Calculated maximum both systems, GPD: 2,525 (use 3,000)
Transmittal Date: 1 L vL, Date:
Suspense
Wastewater Branch Variance Application Docket No. " -VWW- C C, APP # WW
Name/Title: t EFL o`%C(,C ru- ,l ,x,11. (i 671
Subject: Cover Letter, Public Notice and Variance Application
ROUTE TO:
Applicant: O'A 711'Y? ~1C-(G til
Aent: 1 ' C / C, ?c;
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 - Please return this sheet ONLY. File or discard document.
Environmental Planning Office
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[X] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ j Kauai - Lori Vetter
[ ] Maui - Roland Tejano
Oahu - Johnny On
Water Departments
[ ] Board of Water Supply -Wayne Hash iro
[>Q County of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - Jeffrey Eng
Kauai Count Department of Water- Edward Tschu
[ l Maui DHO - Patti Kitkowski, Acting District Environmental Health Program Chief
[ l Kauai DHO - Gerald Takamura, District Environmental Health Program Chief
[ X.] Hilo DHO - Newton Inouye, Acting District Environmental Health Program Chief
City & County of Honolulu, Department of Planning & Permitting 7 Floor
County of Council/[ ] Honolulu City & County Council
Oahu Neighborhood Board #
ACTION REQUESTED:
Regarding 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.
[ j See attached comments.
Reviewed by Title
Contact Phone # Fax #
Please return this ROUTE SLIP. You may add a separate sheet of comments 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
Recd, by WWB / / my documents\c templwwb - 2009 variance route slip - CL PN App.doc 07/08/2009