HomeMy WebLinkAboutCOM 0586.000 2008-2010
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
WW 312 FINAL DEC CL
Lokahi Housing Complez 10#6
October 16, 2009
CERTIFIED MAIL 7004 0750 0001 8544 4586
RETURN RECEIPT REQUESTED
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Mr. Ronald Layaoen, Project Engineer
Okahara & Associates, Inc.
200 Kohola Street
Hilo, Hawaii 96720-4323
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Dear Mr. Layaoen:
. Subject:
Variance Application No. WW 312 Docket No. 09-VWW-15 10#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 "L 1", "L6" and "L9" whose
Estimated Wastewater Flows will each Exceed 1 000 Gallons Per Day
Lokahi Circle, Hilo, Hawaii Island
TMK (3) 2-4-052: 020 627,264 sf
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Monday October 12, 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,
/
."-
Enclosures:
Final Decision and Order
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
g,i8trict Health Office - Hilo
V'Flawaii County Council
FYI - Environmental Planning Office
Comm. No. 5 8lo
Ref. To: - '-.
Ref. Date OCT 2 1 2.009
-
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 312
for Individual Wastewater Systems
Docket No. 09-VWW-15
Primarily Concerning Large Capacity Cesspools
on Behalf of HPHA for the Proposed Septic Systems
"L 1", "L6" and "L9" Whose Estimated Flows will Each
Exceed 1 000 'G~IIons Per Day at Lokahi Circle, Hilo
Hawaii TMK (3) 2-4-052: 020 627,264 square feet
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
11-62-0~ and 11-62-31.1 (a)(1 )(0) 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 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 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.
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, October 12.2009
~~~
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 312
for Individual Wastewater Systems
Docket No. 09-VWW-15
Primarily Concerning Large Capacity Cesspools
on Behalf of HPHA for the Proposed Septic Systems
"L 1", "L6" and "L9" Whose Estimated Flows will Each
Exceed 1 000 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.
Findinqs 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) buildlngs 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 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 "L 1 ":
Septic System "L2":
Septic System "L3":
Septic System "L4":
Septic System "L5":
Septic System "L6":
1 ,200 gpd
800 gpd
800 gpd
800 gpd
800 gpd
1,200 gpd
Septic System "L7": 800 gpd
Septic System "L8": 600 gpd
Septic System "L9": 3,000 gpd
Septic System "L 1 0": 800 gpd
Septic System "L 11 ": 800 gpd
Lokahi Housing Complex - Variance Application WVV 312. Docket No. 09-VWVV-15
Findings of Fact and Conclusions of Law Page 1
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 ("L 1 "), 1 ,200 ("L6"), and 3,000 ("L9"). These three (3) IWSs
would not comply with HAR Section 11-62-03. The variance is requested for the proposed Septic Systems "L 1", "L6" and
"L9" 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.
6. 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.
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.
Lokahi Housing Complex - Variance Application WW 312, Docket No. 09-\lllW.J-15
Findings of Fact and Conclusions of Law Page 2
DesiQn Criteria - Lo~ahi HousinQ - Septic System "L 1" - June 2009
1.
TOTAL PROJECTED FLOW
BuildinQ 1
3 Bedroom Dwelling Unit,2 Dwelling units:
6 Brdms. @ 200 gal/bdrm
Total (Design Flow): 1.200 QPd
No of Bedrooms = 6 Bdrms
= 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 Qal
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.
DesiQn Criteria - Lokahi HousinQ - Septic System "L2" - June 2009
1.
TOTAL PROJECTED FLOW
BuildinQ 2.
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
No of Bedrooms = 4 Bdrms
= 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 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.
Lokahi Housing Complex - Variance Application INVV 312, Docket No. 09-VlNVV-15
Findings of Fact and Conclusions of Law Page 3
Desi~m Criteria - lokahi Housina - Septic System "l3" - June 2009
1.
TOTAL PROJECTED FLOW
Buildina 5
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200gal/bdrm
Total (Design Flow): 800 apd
No of Bedrooms = 4 Bdrms
= 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)
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
Required Absorption Area:
= 125 sf required per 200 gpd of design flow
= 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.
Desian Criteria - lokahi Housina - Septic System "l4" - June 2009
1.
TOTAL PROJECTED FLOW
Buildina 6
1 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
No of Bedrooms = 4 Bdrms
= 800 gpd
Total (Design Flow): 800 apd
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.
Lokahi Housing Complex - Variance Application INVV 312, Docket No. 09-VWW-15
Findings of Fact and Conclusions of Law Page 4
Percolation Rate: 5 min/in
Required Absorption Area:
= 125 sf required per 200 gpd of design flow
= 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.
Desiqn Criteria - Lokahi HousinQ - Septic System "L5" - June 2009
1.
TOTAL PROJECTED FLOW
Buildinq 8
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
No of Bedrooms = 4 Bdrms
= 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.
DesiQn Criteria - Lokahi Housinq - Septic System "L6" - June 2009
1.
TOTAL PROJECTED FLOW
BuildinQ 9
3 Bedroom Dwelling Unit, 2 Dwelling units:
6 Brdms. @ 200 gal/bdrm
No of Bedrooms = 6 Bdrms
= 1,200 gpd
Total (Design Flow): 1.200 ClPd
2.
SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume:
= 1,000 + (Q - 800)(1.25)
= 1,000 + (1,200 - 800)(1.25)
= 1.500 Qal
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.
Lokahi Housing Complex - Variance Application VlM/312, Docket No. 09-VVIMI-15
Findings of Fact and Conclusions of Law Page 5
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.
Desiqn Criteria - Lokahi HousinJ:! - Septic System "L7" - June 2009
1.
TOTAL PROJECTED FLOW
BuildinJ:!15
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
No of Bedrooms = 4 Bdrms
= 800 gpd
Total (Design Flow): 800 J:!pd
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 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.
Desiqn Criteria - Lokahi HousinJ:! - Septic System "L8" - June 2009
1.
TOTAL PROJECTED FLOW
BuildinJ:! 11
3 Bedroom Dwelling Unit, 1 Dwelling units:
3 Brdms. @ 200 gal/bdrm
No of Bedrooms = 3 Bdrms
= 600 gpd
Total (Design Flow): 600 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) 1,000 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.
Lokahi Housing Complex - Variance Application WN 312, Docket No. 09-VWN-15
Findings of Fact and Conclusions of Law Page 6
The existing cesspool currently serving the dwelling unit will be converted for use as the
seepage pit for effluent disposal.
Desi~n Criteria - Lokahi Housin~ - Septic System "L9" - June 2009
1.
TOTAL PROJECTED FLOW
Buildin~ 9
3 Bedroom Dwelling Unit, 5 Dwelling units:
15 Brdms. @ 200 gal/bdrm
Total (Design Flow): 3.000 qpd
No of Bedrooms = 15 Bdrms
= 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 ~al
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.
Desion Criteria - Lokahi Housin~ - Septic System "L 10" - June 2009
1.
TOTAL PROJECTED FLOW
Buildin~ 12
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
Total (Design Flow): 800 opd
No of Bedrooms = 4 Bdrms
= 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.
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 WoN 312, Docket No. 09-VWN-15
Findings of Fact and Conclusions of Law Page 7
Desian Criteria - Lokahi Housina - SeDtic System "L 11" - June 2009
1.
TOTAL PROJECTED FLOW
Buildina 10
2 Bedroom Dwelling Unit, 2 Dwelling units:
4 Brdms. @ 200 gal/bdrm
Total (Design Flow): 800 aDd
No of Bedrooms = 4 Bdrms
= 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.
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.
Pro
Injection Well: Existing: How many: 4 grd. See Attachment 2
A L h C
ttachment 2 - oka i HousmQ - Existrng esspool / Injection Well Data
Cesspool/Injection Grade Elev. Diameter Depth Depth to Standing
Well No. (ft. ) (ft. ) (ft.) 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.
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;
Lokahi Housing Complex - Variance Application I/IMJ 312, Docket No. 09-WJW-15
Findings of Fact and Conclusions of Law Page 8
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 regulateq 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.
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 fora 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 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.
2. The granting of this variance will not substantially endanger human health or safety.
Lokahi Housing Complex - Variance Application INW 312, Docket No. 09-VlNW-15
Findings of Fact and Conclusions of Law Page 9
3. Compliance with the rules, regulations or standards froin 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
Underground Injection Control (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. 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,
October 12. 2009
~~~
THOMAS E. ARIZUMI, PE, F
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Lokahi Housing Complex - Variance Application WVV 312, Docket No, 09-VWVV-15
Findings of Fact and Conclusions of Law Page 10
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