HomeMy WebLinkAboutCOM 0584.000 2008-2010
LINDA LINGLE
GOVERNOR OF HAWAII
CHIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
po. BOX 3378
HONOLULU, HAWAII 96801
In reply, please refer to:
EMD I WB
WW 314 Draft Dec CL
HPHA Hale Hookpa Housing -ID13
October 16,2009
Mr. Ronald Layaoen, Project Engineer
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720-4323
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Dear Mr. Layaoen:
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Subject:
Variance Application No. WW 314 Docket No. 09-VWW-17
Application for Variance - Primarily Concerning Large Capacity Cesspools
On Behalf of Hawaii Public Housing Authority (HPHA), Requesting Three
(3) Proposed Individual Wastewater Systems, Estimated Flows Exceeding
1000 gallons per day at Hale Hookipa Housing, 81-1038 Nani Kupuna
Place, Kealakekua, Hawaii 96750 TMK (3) 8-1-002: 049
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 Friday, November 06,2009.
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,
~~~
FOR THOMAS E. ARIZUMI, P.E., CHIEF
Environmental Management Division
Enclosures:
Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c:
Applicant - Mr. Marcel Audant
Clean Water Branch -: Please return just the route slip
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
D~rict Health Office - Hilo
.Afawaii County Council
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Ref. To:
Ref. Date OCT 2 0 2009
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STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application )
Variance Application No. WW 314 )
for Individual Wastewater Systems )
)
Primarily Concerning Large Capacity Cesspools )
on Behalf of Hawaii Public Housing Authority )
(HPHA), Requesting Three (3) Proposed Individual )
Individual Wastewater Systems, Estimated Flows )
j
Exceeding 1000 Gallons Per Day at Hale Hookipa )
Hpusing, 81-1038 Nani Kupuna Place, Kealakekua, )
Hawaii 96750 TMK (3) 8-1-002: 049 )
)
Docket No. 09-VWW-17
DRAFT - SIGNATURE NOT REQUIRED
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,
Section 11-62-03 and Section 11-62-31.1 (a)(1 )(0) is hereby GRANTED for five (5) years with the following
provisions:
1. A UIC permit will be required to continue the operation of four (4) cesspools as injection-well
seepage pits-, and the other six (6) injection-well cesspool will need to be abandoned under the
requirement of the Underground Injection Control Program. Two different UIC applications
must be submitted to initiate both of the regulatory actions. We recommend that the facility's
consultant contact Mr. Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC
applications and other regulatory requirements.
2. 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.
3. Each treatment IWS septic tank I seepage pit shall be fitted with an effluent filter(s).
4. The project shall connect to the County sewer service system should it become available to
the area.
5. Therefore, upon the agreement of the conditions stated, we recommend the QrantinQ of this
variance application. Please contact the Planning & Design Section of the Wastewater Bra'nch
at (808) 586-4294 if you have any questions.
6. 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
STATE OF HAWAII
DEPARTMENT OF HEALTH
)
)
)
)
)
on Behalf of Hawaii Public Housing Authority )
(HPHA), Requesting Three (3) Proposed Individual)
Individual Wastewater Systems, Estimated Flows )
Exceeding 1000 Gallons Per Day at Hale Hookipa )
Housing, 81-1038 Nani Kupuna Place, Kealakekua,)
Hawaii 96750 TMK (3) 8-1-002: 049 )
)
In the Matter of the Application
Variance Application No. WW 314
for Individual Wastewater Systems
Docket No. 09:..VWW-17
Primarily Concerning Large Capacity Cesspools
DRAFT - SIGNATURE NOT REQUIRED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Marcel Audant, Hawaii Public Housing Authority (HPHA), 1002 North School
Street, Honolulu, Oahu 96817 for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of
Title 11, 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.nand Section 11-62-31.1(a)(1 )(0) "General requirements for individual
wastewater systems. Individual wastewater systems may be used as a temporary on-site means of
w~stewater disposal in lieu of wastewater treatment works under the following conditions: Developments
involving dwellings. 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." was reviewed by the Department of Health staff. A public notice of the
application was printed in the September 12, 2009 issue of the Honolulu Star Bulletin and the
September 12, 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.
FindinQs of Fact
The individual authorized to act for the applicant, Mr. Ronald Layaoen, Project Engineer, Okahara &
Associates, Inc., 200 Kohola Street, Hilo, Hawaii 96750, has requested three (3) proposed individual
wastewater systems (HKPA1, HKPA3 and HKPA4) whose estimated wastewater flows will each exceed
1000 gallons per day.
HPHA Hale Hookipa Housing - Variance Application INW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 1
The applicant has made the following statements.
1. Requested variance is for HAR 11-62-31.1 (a)(1 )(0): The Hale Hookipa Housing
Complex consists of one (1) bedroom and studio dwelling units contained within
seven (7) separate one-story buildings, laundry facilities and a Recreation Center.
There are ten (10) cesspools located on the property which serve the eight (8)
buildings. Four (4) of the ten cesspools are proposed to be upgraded with the addition
of a septic tank and conversion of each of the four cesspools for use as seepage pits
for effluent disposal. The remaining six (6) cesspools will be abandoned in-place and
backfilled. '
2. The esti,mated existing wastewater flows into each of the six cesspools to be
abandoned I backfilled are less than 1000 gallons per day.
3. The estimated wastewater flow for each of the four (4) proposed Individual Wastewater
Systems are as follows:
Septic System HKPA 1
Septic System HKPA2
Septic System HKPA3
Septic System HKPA4
4,000 gpd
1,000 gpd
2,225 gpd
1,200 gpd
4. The variance is request for the three (3) proposed IWSs (HKPA1, HKPA3, and HKPA4)
whose estimated wastewater flows will each exceed 1000 gallons per day.
5. Three (3) of the four (4) proposed individual wastewater systems (IWSs) would receive
more than 1000 gpd of wastewater. The large capacity septic systems would receive
estimated gpd flows of 4,000 (HKPA 1) 2,225 (HKPA3) and .1,200 (HKPA4). The
three (3) IWSs would not comply with HAR Section 11-62-03.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 2
constructed to meet the Department of Health standards. The impact to the
environment will be minimized compared to the current wastewater disposal.
11. 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.
12. The existing location of the facility is severely restrictive. There is simply no space to
construct a wastewater treatment plant.
13. The Hale Hookipa Housing Complex is located in the western portion of the Island of
Hawaii, in the town of Kealakekua, within the South Kona District. Hawaii County
currently does not have a public wastewater system in the vicinity of the project site.
Thus, the proposed Individual Wastewater Systems (IWS) 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 reasonable accessible from the project site.
The following is Attachment "F1":
\
DESIGN CRITERIA
Hale Hookipa Housing
Septic Tank "HKPA1"
1)
TOTAL PROJECTED FLOW
Building G
1 Bedroom Dwelling Unit, 2 Dwelling units:
No. of Bedrooms = 2
Building F
1 Bedroom Dwelling Unit, 1 Dwelling units:.
Studio Dwelling Unit, 6 Dwelling units:
No. of Bedrooms = 1
No. of Bedrooms = 6
Building E
Studio Dwelling Unit, 4 Dwelling units:
No. of Bedrooms = 4
Building D
1 Bedroom Dwelling Unit, 2 Dwelling units:
No. of Bedrooms = 2
Building C
Studio Dwelling Unit, 2 Dwelling units:
Laundry Room: 2 washing machines'
No. of Bedrooms = 2
----------------------------------------------------------------------------------------------------------
. 17 Bdrms. @ 200 gallbdrm = 3,400 gpd
2 washers @ 300 gpd per washing machine = 600 gpd
TOTAL (Design Flow):
4.000 god
HPHA Hale Hookipa Housing - Variance Application 'NW 314, Docket No. 09-WJW-17
Findings of Fact and Conclusions of Law Page 3
~
2)
SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume
= 1,000 + ((Q - 800) x (1.25))
= 1,000 + ((4,000 - 800) x (1.25))
= 5,000 gpd
To address the additional scum and sludge accumulation from the
17 dwelling units, a tank with total capacity of 8,000 gallons will be used.
Tank Selection: Jensen Precast or a septic tank approved and listed buy
IAPMO with total capacity equal to or greater than 8,000
gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be an Absorption Bed
utilizing the "Infiltrator" chambered system.
A percolation rate of 1 min/in was determined in the field.
Percolation Rate: 1 min/in = 70 sf required per 200 gpd of design
flow
Required Absorption Area: = 4,000 gpd x (70 sf/200gpd)
= 1,400 sf
DESIGN CRITERIA
Hale Hookipa Housing
Septic Tank "HKPA1"
No. of Chambers:
Area of Leachfield (fe) I Chamber (felft) = Linear feet of chamber
1400 (fe) 14.0 (felft) = 350 linear feet of chamber
Lineal ft. of Chamber I Chamber Length = No. of Chambers
350 ft I 6.25 ft = 56.0 => 56 chambers
78' x 19' (1482 sf provided) over 3' (min.) of cinder or suitable
soil replacement materia', with 60 open bottom "Standard"
Chambers in 5 rows with 12 chamber units per row.
Chamber Sizing:
Absorption Bed:
DESIGN CRITERIA
Hale Hookipa Housing
Septic Tank "HKPA2"
1)
TOTAL PROJECTED FLOW
Buildina C
1 Bedroom Dwelling Unit, 3 Dwelling units:
Studio Dwelling Unit, 2 Dwelling units:
No. of Bedrooms = 3
No. of Bedrooms = 2
----------------------------------------------------------------------------------------------------------
TOTAL (Design Flow):
5 Bdrms. @ 200 gal/bdrm = 1,000 gpd
1,000 apd
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 4
t
2) SEPTIC SYSTEM
a) SEPTIC TANK
In accordance with HAR 11-62, the minimum required tank capacity is
1250 gallons. To address the additional scum and sludge accumulation
from the 5 dwelling units, a tank with total capacity of 1,500 gallons will
be used.
Tank Selection: Jensen Precast (two compartment) or a septic
tank approved and listed by IAPMO with total
capacity equal to or greater than 1,500 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit. The
existing cesspool currently serving the 5 dwelling units will be converted
for use as the seepage pit for effluent disposal.
DESIGN CRITERIA
Hale Hookipa Housing
Septic Tank "HKPA3"
1) TOTAL PROJECTED FLOW
Buildina B
Studio Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4
1 Bedroom Dwelling Unit, 3 Dwelling units: No. of Bedrooms = 3
7 Bdrms. @200 gallbdrm = 1,400 gpd
Suildina H (Recreation Center)
Estimated Maximum Staff/ Resident & Public Occupan,~Y:
Staff/Residents/Public: 55 persons @ 15 gpd/person = 825 gpd
----------------------------------------------------------------------------------------------------------
TOTAL (Design Flow):
2,225 aod
2) SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume = 1,000 + ((Q - 800) x (1.25))
= 1,000 + ((2,225 - 800) x (1.25))
= 2,781 gpd
To address the additional scum and sludge accumulation from the 7
dwelling units, a tank with total capacity of 4,000 gallons will be used.
Tank Selection: Jensen Precast (two compartment) or a septic
tank approved and listed by IAPMO with total
capacity equal to or greater than 4,000 gallons.
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit. The
existing cesspool currently serving the 7 dwelling units will be converted
for use as the seepage pit for effluent disposal.
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 5
.\
DESIGN CRITERIA
Hale Hookipa Housing
Septic Tank "HKPA4"
1)
TOTAL PROJECTED FLOW
Buildina A
Studio Dwelling Unit, 2 Dwelling units:
1 Bedroom Dwelling Unit, 1 Dwelling units:
Laundry Room: 2 washing machines
No. of Bedrooms = 2
No. of Bedrooms = 1
3 Bdrms. @ 200 gal/bdrm = 600 gpd
2 washers @ 300 gpd per washing machine = 600 gpd
TOTAL (Design Flow):
1.200 aDd
2) SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume =1,000 + ((Q - 800) x (1.25))
= 1,000 + ((1,200 - 800) x (1.25))
= 1,500 gpd
To address the additional scum and sludge accumulation from the
3 dwelling units, a tank with total capacity of 4,000 gallons will be used.
Tank Selection: Jensen Precast (two compartment) or a septic
tank approved and listed by IAPMO with total
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 3 dwelling units and laundry room
will be converted for use as the seepage pit for effluent disposal.
14. The variance is requested for the maximum of five (5) years.
15. 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: 81-1038 Nani Kupuna Place, Kealakekua, Hawaii 96750.
Owner: State of Hawaii. Island: HI Island. TMK (3) 8-1-002: 049. Lot Size: 257,875
sq. ft.
Action related to disposal is: abandon cesspool, build new leachfield, reuse injection
well.
Describe the disposal structure: leachfield 78.0 ft x 19.0 ft x 8.0 ft deep.
Injection Well- See Attachment 1. Wastewater type: domestic, residential.
Facility's wastewater flow in gallons per day: existing design 8,425 gpd.
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 6
to
ATTACHMENT "1"
Hale Hookipa Housing
Existing Cesspool/Injection Well Data
Cesspool/Injection Grade Elev. Diameter (ft) Depth (ft) Depth to Standing Water
Well No. (ft) from Surface if Present
(ft)
1 1633.0 8.0 23.0 None
2 1632.3 8.0 23.7 None
3 1644.5 10.0 27.3 None
4 1657.0 14.0 25.8 None
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. Because the proposed improvement is being driven by the Federal ban on
large-capacity cesspools, we have no objection to granting the variance as
proposed; and
B. Underground Injection Control (UIC) regulations are applicable because the
facility's existing cesspools apparently receive more than 1000 gallons per day
(gpd) of wastewater. Thus, a UIC permit will be required to continue the
operation of 4 cesspools as injection-well seepage pits, and the other 6
injection-well cesspool will need to be abandoned under the requirement of the
Underground Injection Control Program. Two different UIC applications must
be submitted to initiate both of the regulatory actions. We recommend that the
facility's consultant contact Norris Uehara of the UIC program at
(808) 586-4258 to discuss UIC applications and other regulatory requirements.
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 not sewered
and is located in the Critical Wastewater Disposal Area (CWDA) with Five (5)
Acre Lot Exception as determined by the Hawaii County Wastewater Advisory
Committee.
B. 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.
C. Each treatment IWS septic tank I seepage pit shall be fitted with an effluent
fi~~~. .
HPHA Hale Hookipa Housing - Variance Application \fIJW 314, Docket No. 09-VlNW-17
Findings of Fact and Conclusions of Law Page 7
)
D. The existing cesspools shall be abandoned per the requirements of the
Underground Injection Control program of the Safe Drinking Water Branch.
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
QrantinQ 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:
1. A UIC permitwill be required to continue the operation of four (4) cesspools as
injection-well seepage pits, and the other six (6) injection-well cesspools will need to be
abandoned under the requirement of the Underground Injection Control Program. Two
different UIC applications must be submitted to initiate both of the regulatory actions.
We recommend that the facility's consultant contact Mr. Norris Uehara of the UIC
program at (808) 586-4258 to discuss UIC applications and other regulatory
requirements.
2. 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.
3. Each treatment IWS septic tank I seepage pit shall be fitted with an effluent filter(s).
4. The project shall connect to the County sewer service system should it become
available to the area.
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 8
{ ,
5. Therefore, upon the agreement of the conditions stated, we recommend the Qrantinq of
this variance application. Please contact the Planning & Design Section of the
Wastewater Branch at (808) 586-4294 if you have any questions.
6. 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.
i
HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17
Findings of Fact and Conclusions of Law Page 9
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t'\:;:;;~:,]]::Qq~h!y,olif0aliit~:~R(qf Wat~rSljppiy::..jeffrey En'g',..
i[~b,;jl;~Kau~i;::C()h'nty[)eparfn1entof Water.~ Edward Tschup
'jlJ.J1.]fl\l[aiJi\,oHb ;;:PiltH"Kitkowski. Acting District Environmental Health Program Chief
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;.,Cit~,"&:~:60l:i'nt~(.of,;,H on olulu, Departmsri(Of -Plannin& Perm ittin
'.:t:.?<l#,cb'unty;"of;:;;<:c ,11:)1 Co:unciU [lHonoluluCity &' County Council > .
'Pafl'u:Neighborhood';:Board#;
to: Departmentc>f Health.,. Wastewater Branch
9.. 19 Ala M. 0.. /:loa Blv. d. Room 3.09'
';';:: .' Honolulu, Hawaii 96814:4~20
. . . .
phone (808Y, 586-:42.94 fax (808) 586-4300.