HomeMy WebLinkAboutCOM 0541.000 2008-2010
t 6'OC hqk
%
,At?•re 1959 1LINDA LINGLE ` CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII t FDIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 96801 EMD / WB
WW 308 Draft Dec CL
Kona Seaspray Apartments
September 3, 2009
Mr. Stephen J. Herbert, P.E.
Kona Wai Engineering, LLC'
P.O. Box 4481 to
ref
Kailua-Kona, Hawaii 96745 r_-- -0
Dear Mr. Herbert: c
-v
Subject: Variance Application No. WW 308 Docket No. 09-VWW-11.
Application for Variance - Primarily Concerning Large Capacity, sspools
Kona Seaspray Apartments Robert A. Johnson Manager
,.0
78-6671 Alii Drive, Kailua-Kona, Hawaii TMK (3) 7-8-014: 016=-
Requested Variance from: The Area of the Subject Lot is 9,279 square feet,
One (1) Cesspool Serves Three (3) Units
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 your West Hawaii Today invoice. You may keep that for your files.
Sincerely,
THOMAS E. ARIZUMI, P.E., CHIT
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 ~(j
Department of Water Supply - County of Hawaii Comm, NO. ''11
District Health Office - Hilo 0--
vl9awaii County Council Ref. To:
tef. Date 5,,._. E. 2009_.
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-11
Variance Application No. WW 308 )
for Individual Wastewater System )
DRAFT - SIGNATURE NOT REQUIRED
Concerning Large Capacity Cesspools )
Kona Seaspray Apartments, )
Robert A. Johnson, Manager, One (1) Cesspool )
Serves Three (3) Units, Lot is 9,279 sf )
78-6671 Alii Drive, Kailua-Kona, Hawaii )
TMK (3) 7-8-014: 016 )
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)(D) is hereby GRANTED for five (5) years with
the following provisions:
1. If a cesspool receives more than 1,000 gallons per day of sanitary wastes,
on any given day, it is considered an injection well. Injection well backfilling and
abandonment are strictly regulated by the Underground Injection Control (UIC)
program. An UIC abandonment application form must be submitted by the owner to
the UIC program to obtain written backfilling instructions.
For backfilling a non-injection well cesspool, the UIC program may provide backfilling
guidelines upon request.
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. The septic tank shall be enlarged to a minimum of 1,500 gallons.
4. Standby power or other provisions shall be provided for proposed lift station to prevent
unauthorized discharges of wastewater during a primary power outage.
5. The project shall connect to the County sewer service system should it become
available to the area.
6. There is no automatic renewal. Should applicant wish to renew his variance
application, applicant must submit an Application for Variance for renewal.
Kona Seaspray Apartments - Variance Application WW308, Docket No. 09-VWW-11
Decision & Order Page 1
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
Kona Seaspray Apartments - Variance Application WW308, Docket No. 09-VWW-11
Decision & Order Page 2
v
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-11
Variance Application No. WW 308 )
for Individual Wastewater System )
DRAFT - SIGNATURE NOT REQUIRED
Concerning Large Capacity Cesspools )
Kona Seaspray Apartments, )
Robert A. Johnson, Manager, One (1) Cesspool )
Serves Three (3) Units, Lot is 9,279 sf )
78-6671 Alii Drive, Kailua-Kona, Hawaii )
TMK (3) 7-8-014: 016 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Robert A. Johnson, of the 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, Section 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 of Kona Wai
Engineering, LLC, P.O. Boc 4481, Kailua-Kona, Hawaii 96745, has applied for a five-year variance
from the Hawaii Administrative Rules (HAR), Section 11-62-31.1(a)(1)(D) - the area of the subject
lot is 9,279 square feet and one (1) cesspool serves three (3) units. The location of the Kona
Seaspray Apartments is 78-6671 Alii Drive, Kailua-Kona, Hawaii 96740 TMK (3) 7-8-014: 016.
The applicant has made the following statements.
1. The area of the lot is 9,279 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. The estimated flow into the system would be 1,000 gallons per
day.
2. 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.
3. 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.
Kona Seaspray Apartments - Variance Application WW 308, Docket No. 09-VWW-11
Findings of Fact and Conclusions of Law Page 1
4. 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.
5. 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.
6. 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.
7. The residents of the apartment are essentially economically depressed.
8. The owner of the facility simply cannot afford to build and operate wastewater
systems meeting all the requirements of HAIR Chapter 11-62 such as small
aerobic wastewater treatment plants.
9. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
10. 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, 2nd floor plan, site photos, and preliminary IWS plan have
been attached to this application for variance but can not be shown here.
1. The Clean Water Branch will defer to the Wastewater Branch's final decision.
2. The Safe Drinking Water Branch submitted the following comments:
A. When a cesspool receives more than 1000 gallons per day of sanitary
wastes, on any given day, it is considered an injection well. Injection well
backfilling and abandonment are strictly regulated by the Underground
Injection Control (UIC) program. A UIC abandonment application form
must be submitted by the owner to the UIC program to obtain written
backfilling instruction.
For backfilling a non-injection well cesspool, the UIC program can
provides backfilling guidelines upon request; and
Kona Seaspray Apartments - Variance Application WW 308, Docket No. 09-VWW-11
Findings of Fact and Conclusions of Law Page 2
r
B. Because the proposed upgrade of the cesspool to septic system tank /
absorption bed 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. The property is
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. The septic tank shall be enlarged to a minimum of 1,500 gallons.
D. Standby power or other provisions shall be provided for proposed lift
station to prevent unauthorized discharges of wastewater during a
primary power outage.
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:
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.
Kona Seaspray Apartments - Variance Application WW 308, Docket No. 09-VWW-11
Findings of Fact and Conclusions of Law Page 3
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. If a cesspool receives more than 1,000 gallons per day of sanitary wastes,
on any given day, it is considered an injection well. Injection well backfilling and
abandonment are strictly regulated by the Underground Injection Control (UIC)
program. An UIC abandonment application form must be submitted by the owner
to the UIC program to obtain written backfilling instructions.
For backfilling a non-injection well cesspool, the UIC program may provide
backfilling guidelines upon request.
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. The septic tank shall be enlarged to a minimum of 1,500 gallons.
4. Standby power or other provisions shall be provided for proposed lift
station to prevent unauthorized discharges of wastewater during a primary power
outage.
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.
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.
Kona Seaspray Apartments - Variance Application WW 308, Docket No. 09-VWW-11
Findings of Fact and Conclusions of Law Page 4
01
Transmittal Date: Suspense Date: "
Wastewater Branch Variance Application Docket No. CAL - VWW - APP # WW
71-
Name/Title: '1` ^
Subject: Draft Decision Letter with D isio Orde and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant: Agent:
d4io
Director of Health - Chiyome Lein ala 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 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)
(Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ l Kauai - Lori Vetter
[ l Maui - Roland Tejano
[ ] Oahu - Johnny Ong
Water Departments
[ l Board of Water Supply - Wayne Hashiro
(-4-County of Hawaii Dept of Water Supply - Milton Pavao ,
( l County of Maui Dept of Water Supply - Jeffrey Eng
[ l Kauai County Departm nt Qf Water - Edward Tschup
[ ) Maui DHO - District Environmental Health Program Chief
[ I Kauai DHO - Gerald 'Takamura, District Environmental Health Program Chief
[,-,,--THilo DHO - Newton Inouye, Actin District Environmental Health Program Chief
City & Count of Honolulu, Department of Planning & Permitting
l County of ' ! Council I Honolulu City & County Council
ahu Nei hborhood 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 documentslc templwwb - 2009 variance route slip - Draft Dec.doc 04/13/2009