HomeMy WebLinkAboutCOM 0558.000 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 I WB
September 29, 2009
WW 307 FINAL DEC CL
Kahaluu Reef Assoc 10#2
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CERTIFIED MAIL 7004 0750 0001 8544 3961
RETURN RECEIPT REQUESTED
Mr. Stephen J. Herbert, P.E.
Kona Wai Engineering, LLC
P.O. Box 4481
Kailua-Kona, Hawaii 96745
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Dear Mr. Herbert:
Subject:
Variance Application No. WW 307 Docket No. 09-VWW-10 ID#2
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 the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Monday
September 28,2009 for five (5) years. We are enclosing for your information the Findings of
Fact & Conclusions of Law.
Please note the variance conditions. If there are any questions relating to the variance, please
contact Mr. Tomas See, Chief of the Wastewater Branch at our direct toll free phone number
974-4000 ext. 64294, fax (808) 586-4300.
Sincerely,
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THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures:
Final Decision and Order
Findings of Fact and Conclusions of Law
c:
Applicant - Mr. Robert A. Johnson
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
~awaii County Council
FYI - Environmental Planning Office
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Ref. Dote :OCT 0 1 2009
STATE OF HAWAII
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DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 307
for Individual Wastewater System
Primarily Concerning Large Capacity
Cesspools - Kahaluu Reef Condominium
Requested Variance from Two (2)
Cesspools Serving Eight (8) 2-Bedroom
Apartments on 10,000 Square Foot Lot
Robert M.-.Johnson, Manager
at 7S;6665 Alii Drive, Kailua-Kona, Hawaii
TMK (3) 7-8-014: 015
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Docket No. 09-VWW-10
DECISION AND ORDER
Pursuant to Chapter 3420, 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 Underground Injection Control (UIC) permit. Operating any injection well seepage pit
without a U IC 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 UIC 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,
September 28. 2009
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THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
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STATE OF HAWAII
DEPARTMENT OF HEALTH
I n the Matter of the Application
Variance Application No. WW 307
for Individual Wastewater System
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Docket No. 09-VWW-10
Primarily Concerning Large Capacity
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.
Findinas 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
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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 individual wastewater system (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) (LCC) must be closed and replaced with a new
treatment individual wastewater system by AprilS, 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 layoff 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:
Kahaluu Reef Condominium - Variance Application WW 307, Docket No. 09-VWW-10
Findings of Fact and Conclusions of Law Page 2
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Recommend the granting of this variance application as they will defer to Wastewater Branch's
final decision. .
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 Underground Injection Control (UIC) permit. Operating any injection
well seepage pit without a U IC 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 UIC permit application; and
C.
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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. Jaime 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 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 3420, Hawaii Revised Statutes, Section 342D-7(c), states that n9 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
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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 Hi) 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,
September 28. 2009
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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 WIN 307, Docket No. 09-VWVV-10
Findings of Fact and Conclusions of Law Page 4
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NO ACTION REQUIRED:
X Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of l:ayv. .
The attached is for your information to file or discard at your discretion. . No action is'
required. Thank you for your assistance in the variance application process.
From:
Department of Health - Wastewater Branch
91 9 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300
my documents\c temp\wwb - 2009 variance route slip - final decision.doc as of 04/13/2009