HomeMy WebLinkAboutCOM 0553.000 2008-2010
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LINDA LINGLE
GOVERNOR OF HAWAII
CHIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
p.o. BOX 3378
HONOLULU, HAWAII 96801
In reply, please refer to:
EMD/WB
September 22, 2009
WW 310 Draft Dee CL
Ching Family Pal;tlJ.~rs-ID#10
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Mr. Paul A. Nash
Civil Engineer
Atlas Engineering, LLC
P.O. Box 11188
Hilo, Hawaii 96721
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Dear Mr. Nash:
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Subject:
Variance Application No. WW 310 Docket No. 09-VWW-13 10 # 10
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
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 dis(3gree 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 Friday October 16, 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,
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THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures:
Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
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
Dj,strict Health Office - Hilo
vflawaii County Council
Comm. No. 553
Ref. T OJ
Ref. Dote~.25 20ri9J
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STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 310
for Individual Wastewater Systems
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Docket No. 09-VWW-13
Primarily Concerning Large Capacity
Cesspools - The Proposed Use of Septic
Tanks to Replace a LCC Serving Eight (8)
One-Bedroom Apartments for Ching Family
Partners, Day-Lum Rentals & Management
333 Lehua Street, Hilo, HI 96720
TMK (3) 2-6-004: 036 9630 square feet
DRAFT -Signature Not Required
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 two year water use records indicate that the cesspool receives less than 1,000 gallons
per day (gpd) of wastewater. Therefore, an Underground Injection Control (UIC) permit
does not appear to be required at this time.
2. If the proposed seepage pit ever receives more than 1000 gpd of wastewater, an
/ Underground Injection Control (UIC) permit will be required to continue the operation of the
seepage pit. We recommend that the facility's consultant contact Norris Uehara of the UIC
program at (808) 586-4258 to discuss UIC regulatory requirements.
3. . 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.
4. Each septic tank shall be fitted with an effluent filter(s).
5. The septic tank serving the eight (8) one bedroom dwelling units shall be enlarged to a
minimum size of 2,500 gallons. Two (2) 1,250 gallon septic tanks may be used in lieu of
one (1) 2,500 gallon tank.
6. The project shall connect to the County sewer service system should it become available to
the area.
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Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Decision & Order Page 1
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Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294 for
technical information regarding treatment individual wastewater systems.
7. There is no automatic renewal. Should applicant wish to renew his variance application,
applicant must submit an Application for Variance for renewal.
DATED:
Honolulu, Hawaii,
Draft - Signature NOT required.
Thomas E. Arizumi, P.E., CHIEF
Environmental Management Division
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Decision & Order Page 2
STATE OF HAWAII
DEPARTMENT OF HEALTH
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Primarily Concerning Large Capacity )
Cesspools - The Proposed Use of Septic )
Tanks to Replace a LCC Serving Eight (8) )
One-Bedroom Apartments for Ching Family)
Partners, Day-Lum Rentals & Management )
333 Lehua Street, Hilo, HI 96720 )
TMK (3) 2-6-004: 036 9630 square feet )
)
In the Matter of the Application
Variance Application No. WW 310
for Individual Wastewater Systems
Docket No. 09-VWW-13
DRAFT - Signature not required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Ching Family Partners, Ms. Kristin Makami, Day-Lum Rentals &
Management, 2 Kamehameha Avenue, Hilo, Hawaii 96720 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
July 30, 2009 issue of the Honolulu Star Bulletin and the July 30, 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.
FindinQsof Fact
The individual authorized to act for the applicant, Mr. Paul A. Nash, Civil Engineer, Atlas
Engineering, LLC, P.O. Box 11188, Hilo, Hawaii 96721 has applied for a five-year variance
from the Hawaii Administrative Rules (HAR), Sections 11-52-03 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." and
11-62-31.1 (a)(1 )(D) "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: (1)
Developments involving dwellings (D) The total wastewater flow into one individual wastewater
system shall not exceed one thousand gallons, and one individual wastewater system shall not
serve more than five bedrooms, whether they are in one dwelling unit or two."
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-bedroom 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.
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 1
The applicant has made the following statements.
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 LCe. 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 layoff 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.
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 2
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.
14. 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: 333 Lehua Street. Owner: Ching Family Parnters.
Island: Hawaii. TMK: (3) 2-6-004: 036. Lot Size: 9,630 square feet.
- Action related to disposal is: reuse cesspool as seepage pit.
- Seepage Pit: Existing: How many: 1, grd. elev (g) ft 60 +/-, Diameter (d) ft 6+/-,
Depth (h) ft 10+/-, Depth to Standing Water from Surface if present: None.
- Wastewater type: residential.
- Facility's wastewater flow in gallons per day: existing design 1,000 gpd, future
design 1,000 gpd. Actual (measured or metered) Average 650. Maximum 750.
Plot maps were included in the variance application but can not be shown here.
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 two year water use records indicate that the cesspool receives less
than 1,000 gallons per day (gpd) of wastewater. Therefore, an
Underground Injection Control (UIC) permit does not appear to be
required at this time.
B. If the proposed seepage pit ever receives more than 1000 gpd of
wastewater, an Underground Injection Control (UIC) permit will be
required to continue the operation of the seepage pit.
Please contact Mr. Norris Uehara at telephone (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 Non Critical Wastewater Disposal Area (CWDA) as
determined by the Hawaii County Wastewater Advisory Committee.
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 3
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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. The septic tank serving the eight (8) one bedroom dwelling units shall be
enlarged to a minimum size of 2,500 gallons. Two (2) 1,250 gallon septic
tanks may be used in lieu of one (1) 2,500 gallon tank.
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 arantina 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.
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:
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Findings of F.act and Conclusions of Law Page 4
1. The two year water use records indicate that the cesspool receives less than
1,000 gallons per day (gpd) of wastewater. Therefore, an Underground Injection
Control (UIC) permit does not appear to be required at this time.
2. If the proposed seepage pit ever receives more than 1000 gpd of wastewater, an
Underground Injection Control (UIC) permit will be required to continue the
operation of the seepage pit. We recommend that the faciliW's consultant
contact Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC
regulatory requirements.
3. 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.
4 Each septic tank shall be fitted with an effluent filter(s).
5. The septic tank serving the eight (8) one bedroom dwelling units shall be
enlarged to a minimum size of 2,500 gallons. Two (2) 1,250 gallon septic tanks
may be used in lieu of one (1) 2,500 gallon tank.
6. The project shall connect to the County sewer service system should it become
available to the area.
Please contact the Wastewater Branch's Planning & Design Section at (808)
586-4294 for technical information regarding treatment individual wastewater
systems.
7. There is no automatic renewal. Should applicant wish to renew his variance
application, applicant must submit an Application for Variance for renewal.
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.
Ching Family Partners - Variance Application WN 310, Docket No. 09-VWN-13
Findings of Fact and Conclusions of Law Page 5
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. Transmittal Date:
Wastewater Bran
Name/Title:
Subject: Draft Decisio
o
& Order and Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant: (
Agent:
Director of Health - Chiy me Leinaal 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
Environmental Planning Office - Kelvin Sunada
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[><J Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ ] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Kauai - Lori Vetter
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny Ong
Water Departments
[ ] Board of Water Supply - Clifford Lum
['<1 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 - ram .\4.t~,\u District Environmental Health Program Chief
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[ ] Kauai DHO -'1;''''''' I. t'flVl,.. , District Environmental Health Program Chief
[ Hilo DHO -Nt~ 'lQW,,~!District Environmental Health Program Chief
City & County of Honolulu, Department of Planning & Permitting
County of Council / [ ] Honolulu City & County Council
Oahu Neighborhood Board #
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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.
Received by WWB
p:\c temp\wwb - 2008 variance route slip - Draft Dec.doc OS/23/2008