HomeMy WebLinkAboutCOM 0540.000 2008-2010
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LINDA LINGLE I CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII t:DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 WW 307 DrarlA'd^ 1-
Kahaluu Reef Assoc
September 2, 2009
Co
Mr. Stephen J: Herbert, P.E.
Kona Wai Engineering, LLC r.
P.O. Box 4481 -
Kailua-Kona, Hawaii 96745 ' -
Dear Mr. Herbert: -
Subject: Variance Application No. WW 307 Docket No. 09-VWW-10
Application for Variance - Primarily Concerning Large Capacity Cesspools
Kahaluu Reef Condominium, Robert A. Johnson, Manager
78-6665 Alii Drive, Kailua-Kona, Hawaii TMK (3) 7-8-014: 015
Requested Variance from: Two (2) cesspools serving
eight (8) 2-Bedroom Apartments on 10,000 square foot lot
Please find enclosed a draft of the Decision and Order regarding the above mentioned
application for variance request. We are also enclosing for your information the Findings of Fact
and Conclusions of Law.
If you disagree with our proposed decision, please call Mr. Tomas See, Branch Chief of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax
(808) 586-4300 no later than the close of business on September 25, 2009. If we do not hear
from you by the above date, the draft will be finalized. If you wish to discuss our decision and
add any additional information, please call our office before the above date.
Please find enclosed the West Hawaii Today invoice. You may keep it for your files.
Sincerely,
C54,
THOMAS E. ARIZUMI, P.E., F
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
West Hawaii Today Invoice
c: Applicant - Mr. Robert A. Johnson
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer S t L o
Department of Water Supply - County of Hawaii
istrict Health Office - Hilo Ref
Fiawaii County Council . To:
A
Ref. Date 22 20,g2
r
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-10
Variance Application No. WW 307 )
for Individual Wastewater System )
Primarily Concerning Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspools - Kahaluu Reef Condominium )
Requested Variance from Two (2) )
Cesspools Serving Eight (8) 2-Bedroom )
Apartments on 10,000 Square Foot Lot )
Robert A. Johnson, Manager )
at 78-6665 Alii Drive, Kailua-Kona, Hawaii )
TMK (3) 7-8-014: 015 )
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,
Sections 11-62-03, 11-62-31.1(a)(1)(A) and 11-62-31.1(a)(1)(D) is hereby GRANTED for five (5) years with
the following provisions:
1. The reuse of an injection - well cesspool as an injection-well seepage pit shall only be allowed
under a UIC permit. Operating any injection well seepage pit without a UIC permit is a violation
of Chapter 11-32 and is subject to a penalty and corrective action. Owner/operator of an
injection - well seepage pit must contact the UIC program at (808 586-4258 for a NIC permit
application; and
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 be fitted with an effluent filter(s).
4. For an estimated flow of 1,600 gallons per day which is equivalent to eight (8) bedrooms,
the septic tank shall be designed for a minimum volume of 2,000 gallons. For an estimated
flow of 1,800 gallons per day which is equivalent to nine (9) bedrooms, the septic tank
volume shall be a minimum of 2,250 gallons. Records indicate that Apt. 202 has three
bedrooms and not two bedrooms as indicated in the Application for Variance.
5. The project shall connect to the County sewer service system when it is available to the area.
6. There is no automatic renewal. Should the applicant wish to renew his 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,
Draft - Signature NOT required.
THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the,Application ) Docket No. 09-VWW-10
Variance Application No. WW 307 )
for Individual Wastewater System )
Primarily Concerning Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspools - Kahaluu Reef Condominium )
Requested Variance from Two (2) )
Cesspools Serving Eight (8) 2-Bedroom )
Apartments on 10,000 Square Foot Lot )
Robert A. Johnson, Manager )
at 78-6665 Alii Drive, Kailua-Kona, Hawaii )
TMK (3) 7-8-014: 015 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Robert A. Johnson, Kahaluu Reef Association of Home Owners, 78-6665 Alii
Drive, Kailua-Kona, Hawaii 96740 for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of
Title 11, Sections 11-62-03, 11-62-31.1(a)(1)(A) and 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 July 15, 2009 issue of the Honolulu Star
Bulletin and the July 17, 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. Stephen J. Herbert, Kona Wai Engineering, LLC,
P.O. Box 4481, Kailua-Kona, Hawaii 96745 has applied for a five-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)(A) "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. There shall be 10,000 square feet of land area for each individual wastewater system."
and Section 11-62-31.1(a)(1)(D) "Individual wastewater systems shall not serve more than five (5) bedrooms.
The applicant has stated that the requested variance is for HAR Section 11-62-31.1(a)(1)(A) & (D) -
there are two (2) cesspools serving eight (8) 2-bedroom apartments on a 10,000 square feet lot. The location
of the Kahaluu Reef Condominium is 78-6665 Alii Drive, Kailua-Kona, Hawaii 96740
TMK (3) 7-8-014: 015.
Kahaluu Reef Condominium - Variance Application WW 307, Docket No. 09-VWW-10
Findings of Fact and Conclusions of Law Page 1
}
The applicant has made the following comments.
1. The area of the lot is 10,000 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.
2. 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 for each
cesspool.
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 facility has been in operation for 14 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.
6. 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 14 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.
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 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.
10. The existing location of the facility is severely restrictive. There is simply no space to construct
a wastewater treatment plant.
11. The variance is requested for the maximum of five (5) years.
Variance application attachments including but not limited to location map, vicinity map, site plan,
'ground floor plan, typical floor plan, 2nd & 3rd floor plan, site photos, and preliminary IWS plan 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 submitted the following comment:
Recommend the granting of this variance application as they will defer to Wastewater Branch's
final decision.
Kahaluu Reef Condominium - Variance Application WW 307, Docket No. 09-VWW-10
Findings of Fact and Conclusions of Law Page 2
k
2. The Safe Drinking Water Branch submitted the following comments:
A. When a cesspool or a seepage pit receives more than 1000 gallons per day of sanitary
wastes, on any give day, it is considered an injection well;
B. The reuse of an injection - well cesspool as an injection-well seepage pit shall only be
allowed under a UIC permit. Operating any injection well seepage pit without a UIC
permit is a violation of Chapter 11-32 and is subject to a penalty and corrective action.
Owner/operator of an injection - well seepage pit must contact the U IC program at (808
586-4258 for a NIC permit application; and
C. Because the proposed upgrade of the cesspools into septic systems is being driven by
the Federal ban on large-capacity cesspools, we have no objection to granting the
variance.
Please contact Mr. Jamie Rimando at (808)586-4258 if you have any questions.
3. The Wastewater Branch submitted the following comments:
A. After researching the property, it has been concluded that there is no existing sewer
service system available for connection. It is also located in the Critical Wastewater
Disposal Area (CWDA) as determined by the Hawaii County Wastewater Advisory
Committee.
B. 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.
C. Each septic tank shall be fitted with an effluent filter(s).
D. For an estimated flow of 1,600 gallons per day which is equivalent to eight (8)
bedrooms, the septic tank shall be designed for a minimum volume of 2,000
gallons. For an estimated flow of 1,800 gallons per day which is equivalent to nine
(9) bedrooms, the septic tank volume shall be a minimum of 2,250 gallons.
Records indicate that Apt. 202 has three bedrooms and not two bedrooms as
indicated in the Application for Variance.
E. The project shall connect to the County sewer service system should it become
available to the area.
F. 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:
Kahaluu Reef Condominium - Variance Application WW 307, Docket No. 09-VWW-10
Findings of Fact and Conclusions of Law Page 3
f
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. The reuse of an injection - well cesspool as an injection-well seepage pit shall only be allowed
under a UIC permit. Operating any injection well seepage pit without a UIC permit is a violation
of Chapter 11-32 and is subject to a penalty and corrective action. Owner/operator of an
injection - well seepage pit must contact the UIC program at (808 586-4258 for a NIC permit
application; and
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 be fitted with an effluent filter(s).
4. For an estimated flow of 1,600 gallons per day which is equivalent to eight (8) bedrooms,
the septic tank shall be designed for a minimum volume of 2,000 gallons. For an estimated
flow of 1,800 gallons per day which is equivalent to nine (9) bedrooms, the septic tank
volume shall be a minimum of 2,250 gallons. Records indicate that Apt. 202 has three
bedrooms and not two bedrooms as indicated in the Application for Variance.
5. The project shall connect to the County sewer service system when it is available to the area.
6. There is no automatic renewal. Should the applicant wish to renew his 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,
Draft - Signature NOT required
Thomas E. Arizumi, P.E., CHIEF
Environmental Management Division
The foregoing findings of fact and conclusions of. law are hereby adopted.
Kahaluu Reef Condominium - Variance Application WW 307, Docket No. 09-VWW-10
Findings of Fact and Conclusions of Law Page 4
Transmittal Date: - Suspense Date: •-2- `
Wastewater Branc Variance Application Docket No. - VWW - APP # WW
Name/Title: Kammi tszet- So 01l
Subject: Draft Decision Letter with Decision & Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant:
Agent: ~S l
Director of Health - Chiyome Leinaala Fukino
Deputy Dir-actor 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 - RETURN ONLY IF YOU HAVE COMMENTS.
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)
r>< Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Kauai - Lori Vetter •
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny On
Water Departments
( 1 Board of Water Supply - Wayne Hashiro
County of Hawaii Dept of Water Supply - Milton Pavao '
[ I County of Maui Dept of Water Supply - Jeffrey Eng
[ I Kauai County Depa men f Water.- Edward Tschupp
[ )Maui DHO - 1 , District Environmental Health Program Chief
[ ] Kauai DHO -'Gerald Takamura, District Environmental Health Program Chief
[ ] Hilo DHO - Newton Inouye, Actin District Environmental Health Program Chief
City & County of Honolulu Department of Planning & Permitting
( County of 01.II Council ] Honolulu City & County Council
Oahu Neighborhood Board #
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing on a
separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or
discard. The SIGNED FINAL Decision & Order will be forthcoming.
If there are comments, send to: Department of Health - Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300.
Rec'd by WWB / / my documents\c temp\wwb - 2009 variance route slip - Draft Dec.doc 04/13/2009