HomeMy WebLinkAboutCOM 0542.000 2008-2010
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LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAIIi DIRECTOR OF HEALTH
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STATE OF HAWAII i
DEPARTMENT OF HEALTH c7 c) C//)
P.O. BOX 3378 In.repfy, please refer to:
HONOLULU, HAWAII 96801 EMD-/W13
WW 3 Draft Dec CL
Loka_hi Housing Complex-ID#6
September 15, 2009;
Mr. Ronald Layaoen, Project Engineer -
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720-4323
Dear Mr. Layaoen:
Subject: Variance Application No. WW 312 Docket No. 09-VWW-15 ID#6
Application for Variance - Primarily Concerning Large Capacity Cesspools
On Behalf of Hawaii Public Housing Authority (HPHA), The Variance is
Requested for the Proposed Septic Systems "L1 "16" and "19" whose
Estimated Wastewater Flows will each Exceed 1000 Gallons Per Day Lokahi
Circle, Hilo, Hawaii Island TMK (3) 2-4-052: 020 627,264 sf
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 October 9, 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.
Sincerely,
THOMAS E. ARIZUMI, CHIEF
Environmental Management Division
Enclosures: Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Applicant - Mr. Marcel Audant, HPHA
Clean Water Branch - Please return ONLY route slip
Safe Drinking Water Branch
Wastewater Branch - Hilo Staff Engineer
Department of Water Supply - County of Hawaii
A istrict Health Office - Hilo
lawaii County Council S q 2.
Ref. To: _
Ref. Date,, FP 92 2-0-
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-15
Variance Application No. WW 312 )
for Individual Wastewater Systems )
Primarily Concerning Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspools on Behalf of HPHA for the )
Proposed Septic Systems "L1", "16" and
L9" Whose Estimated Flows will Each )
Exceed 1000 Gallons Per Day at Lokahi )
Circle, Hilo, Hawaii TMK (3) 2-4-052: 020 )
627,264 square feet )
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 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 11-23 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
UIC permit application.
2. Injection-well cesspool 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 provide
backfilling guidelines upon request; and
3. Plans for each treatment individual wastewater system (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.
4. Each treatment IWS (septic tank) shall be fitted with an effluent filter(s).
5. For an estimated flow of 800 gallons per day, the septic tank shall be designed
for a minimum volume of 1,250 gallons. For the 1,200 gallons per day flow, the
septic tank volume shall be a minimum of 1,500 gallons. For the 3,000 gallons
per day flow, the septic tank volume shall be a minimum of 3,750 gallons.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Decision & Order Page 1
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
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Decision & Order Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-15
Variance Application No. WW 312 )
for Individual Wastewater Systems )
Primarily Concerning Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspools on Behalf of HPHA for the )
Proposed Septic Systems "L1 '16" and
L9" Whose Estimated Flows will Each )
Exceed 1000 Gallons Per Day at Lokahi )
Circle, Hilo, Hawaii TMK (3) 2-4-052: 020 )
627,264 square feet )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Marcel Audant, Hawaii Public Housing Authority, 1002 North School
Street, Honolulu, Hawaii 96817 for a five (5) year variance from Hawaii Administrative Rules,
Chapter 62 of Title 11, Sections 11-62-03 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 August 4, 2009
issue of the Honolulu Star Bulletin and the August 5, 2009 issue of the Hawaii Tribune Herald
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. Ronald Layaoen, Okahara &
Associates, Inc., 200 Kohola Street, Hilo, Hawaii 96720-4323 is the individual authorized to act for
the applicant has applied for a five-year variance from the Hawaii Administrative Rules (HAR),
Section 11-62-03 Definitions states "Individual wastewater system means a facility which is
designed to receive and dispose of no more than one thousand gallons per day of domestic
wastewater. Each individual wastewater systems includes all connected plumbing, treatment
(if any), and disposal components that could, if not connected, serve as separate wastewater
systems."
The requested variance is for HAR 11-62-31.1(a)(1)(D): The Lokahi Housing Complex
consists of 2 bedroom and 3 bedroom dwelling units contained within fifteen (15) separate single-
story duplex buildings. There are six (6) existing cesspools located on the property that currently
serve twelve (12) of the fifteen (15) buildings which will be upgraded/replaced with septic tank
wastewater treatment systems. Five (5) of the six (6) existing cesspools have been determined to
be Large Capacity Cesspools (LCC's). Prior to this project's proposed cesspool
upgrades/replacements, three (3) buildings were upgraded with septic systems for wastewater
treatment and disposal. Four (4) of the six (6) remaining existing cesspools are proposed to be
upgraded with the addition of a septic tank and conversion of the four (4) cesspools for use as
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 1
upgraded with the addition of a septic tank and conversion of the four (4) cesspools for use as
seepage pits for effluent disposal. The remaining two (2) existing cesspools will be replaced with
septic tank treatment units and absorption beds for effluent disposal.
The estimated wastewater flow for each of the eleven (11) proposed Individual Wastewater
Systems (IWSs) are as follows:
Septic System "L1": 1,200 gpd Septic System "17": 800 gpd
Septic System "12": 800 gpd Septic System '18": 600 gpd
Septic System "13": 800 gpd Septic System '19": 3,000 gpd
Septic System "14": 800 gpd Septic System "110": 800 gpd
Septic System "15": 800 gpd Septic System "111": 800 gpd
Septic System "16": 1,200 gpd
Three (3) of the eleven (11) proposed IWSs would receive more than 1000 gpd of
wastewater. The large capacity septic systems would receive estimated flows of 1,200 gpd ("L1"),
1,200 ("16"), and 3,000 ("19"). These three (3) IWSs would not comply with HAIR Section 11-62-
03. The variance is requested for the proposed Septic Systems "L1", '16" and "19" whose
estimated wastewater flows will each exceed 1000 gallons per day.
The applicant has made the following comments.
1. 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.
2. The facility has been in operation for 47 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.
3. 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.
4. 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.
5. 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.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 2
6. 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.
7. The existing location of the facility is severely restrictive. There is simply no
space to construct a wastewater treatment plant.
8. The variance is requested for the maximum of five (5) years.
9. The Lokahi Housing Facility is located in the eastern portion of the Island of
Hawaii, in the town of Hilo, within the South Hilo District. Hawaii County currently
does not have a public wastewater system that is accessible from the project
site.
10. Thus, the proposed IWSs for which this variance is requested for will be in
service for longer than the maximum of 5 years. It is requested that a variance
be issued for five (5) years with automatic renewal for either the life of the facility
or at such time that Hawaii County installs a public wastewater system that is
reasonably accessible from the project site.
The following information is from the Information for Variance Evaluation by UIC
Program worksheet, Underground Injection Control (UIC) Program, Safe Drinking Water
Branch:
Facility Address is: Lokahi Circle, Hilo, Hawaii 96740. Owner: State of Hawaii.
Island: TMK: (3)2-4-052: 020 Lot Size: 627,264 sf.
Action related to disposal is: abandon cesspool, build new leachfield, reuse
injection well, build new injection well.
Design Criteria - Lokahi Housing - Septic System "L1" - June 2009
1. TOTAL PROJECTED FLOW
Building 1
3 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 6 Bdrms
6 Brdms. @ 200 gal/bdrm = 1,200,gpd
Total (Design Flow): 1,200 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume: = 1,000 + (Q-800)(1.25)
= 1,000 + (1,200 - 800)(1.25)
= 1,500 gal
It is proposed to use one (1) 2,000 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 3
Tank Selected:
Manufacturer: Xerxes Corporation or a Septic Tank
Approved and listed by IAPMO with
capacity equal to or greater than 2,000
gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the two dwelling units will
be converted for use as the seepage pit for effluent disposal.
Design Criteria - Lokahi Housing - Septic System "L2" - June 2009
1. TOTAL PROJECTED FLOW
Building 2
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAIR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
untis).
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the two dwelling units will
be converted for use as the seepage pit for effluent disposal.
Design Criteria - Lokahi Housing - Septic System "L3" - June 2009
1. TOTAL PROJECTED FLOW
Building 5
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 gpd
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 4
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be an Absorption
Bed.
Percolation Rate: 5 min/in = 125 sf required per 200 gpd of
design flow
Required Absorption Area: = 800 gpd x (125 sf/200 gpd)
= 500 sf
Absorption Bed: 25' x 22' (550 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Design Criteria - Lokahi Housinq - Septic System "L4" - June 2009
1. TOTAL PROJECTED FLOW
Building 6
1 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 5
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be am Abspr[topm
Bed.
Percolation Rate: 5 min/in = 125 sf required per 200 gpd of
design flow
Required Absorption Area: = 800 gpd x (125 sf/200 gpd)
= 500 sf
Absorption Bed: 32' x 16' (512 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Design Criteria - Lokahi Housing - Septic System "L5" - June 2009
1. TOTAL PROJECTED FLOW
Building 8
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 qpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the two dwelling units will
be converted for use as the seepage pit for effluent disposal.
Design Criteria - Lokahi Housing - Septic System "L6" - June 2009
1. TOTAL PROJECTED FLOW
Lokahi.Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 6
Buildinq 9
3 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 6 Bdrms
6 Brdms. @ 200 gal/bdrm = 1,200 gpd
Total (Design Flow): 1,200 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume: = 1,000 + (Q - 800)(1.25)
= 11,0004 (1,200 - 800)(1.25)
= 1,500 gal
It is proposed to use one (1) 2,000 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Tank Selected:
Manufacturer: Xerxes Corporation or a Septic Tank
approved and listed by IAPMO with capacity
equal to or greater than 2,000 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the two dwelling units will
be converted for use as the seepage pit for effluent disposal.
,Design Criteria - Lokahi Housinq - Septic System "11-7" - June 2009
1. TOTAL PROJECTED FLOW
Building 15
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAIR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 2 dwelling
units)
Tank Selected:
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 7
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be am Absorption
Bed.
Percolation Rate: 5 min/in = 125 sf required per 200 gpd of
design flow
Required Absorption Area: = 800 gpd x (125 sf/200 gpd)
= 500 sf
Absorption Bed: 25' x 22' (550 sf provided) over 3' (min.) of
cinder or suitable soil replacement material.
Design Criteria - Lokahi Housing - Septic System "L8" - June 2009
1. TOTAL PROJECTED FLOW
Building 11
3 Bedroom Dwelling Unit, 1 Dwelling units: No of Bedrooms = 3 Bdrms
3 Brdms. @ 200 gal/bdrm = 600 gpd
Total (Design Flow): 600 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,000 gallon, two compartment septic
tank.
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,000 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the dwelling unit will be
converted for use as the seepage pit for effluent disposal.
Design Criteria - Lokahi Housing - Septic System "L9" - June 2009
1. TOTAL PROJECTED FLOW
Building 9
3 Bedroom Dwelling Unit, 5 Dwelling units: No of Bedrooms = 15 Bdrms
15 Brdms. @ 200 gal/bdrm = 3,000 gpd
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 8
Total (Design Flow): 3,000 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume: = 1,000 + (Q - 800)(1.25)
= 1,000 + (3,000 - 800)(1.25)
= 3,750 gal
It is proposed to use one (1) 5,000 gallon, two compartment septic
tank. (A tank with a greater capacity is proposed to address the
additional scum and sludge accumulation from the 5 dwelling
units)
Tank Selected:
Manufacturer: Xerxes Corporation or a Septic Tank
approved and listed by IAPMO with capacity
equal to or greater than 5,000 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the five dwelling units will
be converted for use as the seepage pit for effluent disposal.
Design Criteria - Lokahi Housing - Septic System "L10" - June 2009
1. TOTAL PROJECTED FLOW
Building 12
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 gpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAIR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank.
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the dwelling unit will be
converted for use as the seepage pit for effluent disposal.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 9
Design Criteria - Lokahi Housing - Septic System "L11" - June 2009
1. TOTAL PROJECTED FLOW
Building 10
2 Bedroom Dwelling Unit, 2 Dwelling units: No of Bedrooms = 4 Bdrms
4 Brdms. @ 200 gal/bdrm = 800 gpd
Total (Design Flow): 800 qpd
2. SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAIR 11-62, the minimum required tank
capacity is 1000 gallons.
It is proposed to use one (1) 1,250 gallon, two compartment septic
tank.
Tank Selected:
Manufacturer: Chem-Tainer or a Septic Tank Approved
.and listed by IAPMO with capacity equal to
or greater than 1,250 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit.
The existing cesspool currently serving the dwelling unit will be
converted for use as the seepage pit for effluent disposal.
Describe the disposal structure: leachfield - see Attachment 1
Attachment 1 - Lokahi Housing - Pro osed Leachfield Data
Proposed Length Width Depth
Leachfield (ft.) (ft.) (ft.)
No.
1 25.0 22.0 6.5
2 32.0 16.0 7.5
3 25.0 22.0 6.5
Injection Well: Existing: How many: 4 grd. See Attachment 2
Attachment 2 - Lokahi Housing - Existin Cesspool / Injection Well Data
Cesspool/Injection Grade Elev. Diameter Depth Depth to
Well No. (ft.) (ft.) (ft.) Standing
Water From
Surface if
Present ft.
1 114.0 8.0 12.0 10.5
2 95.0 8.0 12.0 10.0
3 110.0 8.0 15.0 13.0
4 112.0 8.0 15.0 12.25
Wastewater type: domestic, residential.
Facility's wastewater flow in gallons per day: existing design 11,600 gpd.
Lokahi Housing Complex Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 10
The following agencies submitted the following comments:
1. The Clean Water Branch submitted that they will defer to the Wastewater
Branch's final decision.
2. The Safe Drinking Water Branch submitted the following comments:
A. The information in the variance application is not completely clear about
the number of injection-well cesspools to be abandoned or to be
converted into injection-well seepage pits. Notwithstanding the unclarity,
the remaining items are applicable.
B. When a cesspool or a seepage pit receives more than 1000 gallons per
day of sanitary wastes, on any given day, it is considered an injection
well;
C. 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 11-23 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
UIC permit application;
D. Injection-well cesspool 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;
E. For backfilling a non-injection well cesspool, the UIC program can provide
backfilling guidelines upon request; and
F. Because the proposed upgrade of the cesspools to 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. 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.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 11
C. Each septic tank shall be fitted with an effluent filter(s).
D. For an estimated flow of 800 gallons per day, the septic tank shall be
designed for a minimum volume of 1,250 gallons. For the 1,200 gallons
per day flow, the septic tank volume shall be a minimum of 1,500 gallons.
For the 3,000 gallons per day flow, the septic tank volume shall be a
minimum of 3,750 gallons.
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.
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 11-23 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
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 12
UIC permit application.
2. Injection-well cesspool 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 instruction.
For backfilling a non-injection well cesspool, the UIC program can provide
backfilling guidelines upon request; and
3. Plans for each treatment individual wastewater system (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.
4. Each treatment IWS (septic tank) shall be fitted with an effluent filter(s).
5. For an estimated flow of 800 gallons per day, the septic tank shall be designed
for a minimum volume of 1,250 gallons. For the 1,200 gallons per day flow, the
septic tank volume shall be a minimum of 1,500 gallons. For the 3,000,gallons
per day flow, the septic tank volume shall be a minimum of 3,750 gallons.
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.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 13
14 on 06, 0~ &:ft
Transmittal Date: a - Suspense Date: 10 ' U'l -U7
Wastewater Branch Variance Application Docket No. 0 - VWW - APP # WW
Name/Title: ~f I 111 D*Ko
Subject: Draft Decision Letter with Decision Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant: ( UI ,U
,
Agent: 'L C LICU-16 -
Director of Health - Chiyome Leinaala F kino
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 - Return only if you have comments.
Environmental Planning Office - 01, MQAD~ama' , (V( .
:
Safe Drinking Water Branch - Stuart Yamada J 'j
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[X] 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 Ong
Water Departments
[ ] Board of Water Supply - Wayne Hashiro
[ X1 County of Hawaii Dept of Water Supply - Milton Pavao
( ) County of Maui Dept of Water Supply - Jeffrey Eng
[ ) Kauai County Department of Water - Edward Tschupp
[ ] Maui DHO - Patti Kitkowski, Acting District Environmental Health Program Chief
[ ] Kauai DHO - Gerald Takamura, District Environmental Health Program Chief
[ ]Hilo DHO - Newton Inouye, Acting District Environmental Health Program Chief
City & County of Honolulu, Department of Planning & Permitting
County of 1,'a I 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 07/08/2009