HomeMy WebLinkAboutCOM 0598.000 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
October 20, 2009
In reply, please refer to:
WW 316 Draft~/C'l.B
HPHA ~i Olu
Elderly Housli;ID#1
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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 316 Docket No. 09-VWW-19
Application for Variance - Primarily Concerning Large Capacity Cesspools
On Behalf of Hawaii Public Housing Authority (HPHA), Requested for
each of the four (4) Buildings Containing the Dwelling Units that are
Served by Two (2) Cesspools at the Nani Olu Elderly Housing, 81-1011
Nani Kupuna Place, Kealakekua, Hj:lwaii 96750 TMK (3) 8-1-002: 048
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 13,2009. 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,
~/~.l ·
THOMAS E. ARfu;MI~ P.E., ~
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
District Health Office - Hilo
yA'tawaii County Council
~qg
Comm. No.
Ref. To: -
Ref. D.ate _ DCT 2 8?mVl .r
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 316
for Individual Wastewater Systems
) Docket No. 09-VWW-19
)
)
)
)
)
) DRAFT - SIGNATURE NOT REQUIRED
)
)
)
)
)
Primarily Concerning Large Capacity Cesspools
on Behalf-of Hawaii Public Housing Authority
(HPHA),--Requested For Each of the Four (4)
Buildings.Containing the Dwelling Units that are
Served by Two (2) Cesspools at the Nani Olu
Elderly Housing, 81-1011 Nani Kupuna Place,
Kealakekua, Hawaii 96750 TMK (3) 8-1-002: 048
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)(2)(D) and 11-62-31.1 (b)(2) is hereby
GRANTED for five (5) years with the following provisions:
1. An Underground Injection Control (UIC) permit is required for the continued use of the
facility's nine (9) existing cesspools as seepage pits. We recommend that the facility's
consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss
UIC 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/seepage pit sha.'1 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. Please contact the Wastewater Branch's Planning & Design
Section at (808) 586-4294 for technical information regarding treatment individual
wastewater systems.
5. 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
In the Matter of the Application
Variance Application No. WW 316
for Individual Wastewater Systems
) Docket No. 09-VWW-19
)
)
)
)
)
) DRAFT - SIGNATURE NOT REQUIRED
)
)
)
)
)
Primarily Concerning Large Capacity Cesspools
on Behalf of Hawaii Public Housing Authority
(HPHA), Requested For Each of the Four (4)
Buildings Containing the Dwelling Units that are
Served by Two (2) Cesspools at the Nani Olu
Elderly Housing, 81-1011 Nani Kupuna Place,
Kealakekua, Hawaii 96750 TMK (3) 8-1-002: 048
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Mr. Marcel Audant of the 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, Sections 11-62-03, Section 11-62-31.1 (a)(2)(0) and
Section 11-62-31.1(b)(2) were reviewed by the Department of Health staff. A public notice of the
appli~ation 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.
Findinas 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 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 compon"ents separate from any other
wastewater systems.", Section 11-62-31.1 (a)(2)(0) "Developments involving buildings other than
dwellings. The total wastewater flow into each individual wastewater system shall not exceed one
thousand gallons per day." and Section 11-62-31.1(b)(2) Whenever an individual wastewater
system is allowed under subsection (a) the following shall apply: (2) A building may use more than
one individual wastewater system where each individual wastewater system shall connect to a single
dwelling unit.
The applicant has stated that each of the four (4) buildings containing the dwelling units that
are served by two (2) cesspools. Within each building, there are eight (8) dwelling units. Four (4)
HPHA Nani Olu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 1
dwelling units served by one (1) cesspool. The proposed individual wastewater system upgraded of
each cesspool will each be serving more than one (1) dwelling unit. The estimated wastewater flow
into each proposed individual wastewater system upgrade is 800 gallons per day. The applicant is
requesting this variance for the HPHA Nani Olu Elderly Housing at 81-1011 Nani Kupuna Place,
Kealakekua, Hawaii 96750, TMK (3) 8-1-002: 048, 83,200 square feet.
The applicant has made the following comments.
1. One (1) of the nine (9) proposed individual wastewater systems (IWSs) would receive
more than 1000 gpd of wastewater. The large capacity septic system would receive
an estimated flow of 1,575 gallons per day. The IWS would not comply with HAR
Section 11-62-03.
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 facility has been in operation for 27 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.
4. 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.
5. 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.
6. 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.
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. Attachment "A-1"
Requested variance is for HAR 11-62-31.1 (a)(2)(D):. The estimated wastewater flow
into the proposed individual wastewater system upgrade of the community center's
cesspool is 1,575 gallons per day.
Requested variance is also for HAR 11-62-31.1 (b)(2): Each of the four (4) buildings
containing the dwelling units are served by two cesspools. Within each building, there
are eight (8) dwelling units. Four (4) dwelling units are served by one cesspool. The
HPHA Nani DIu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 2
proposed individual wastewater system upgrades of each cesspool will each be
serving more than one dwelling unit. The estimated wastewater flow into each
proposed individual wastewater system upgrade is 800 gallons per day.
10. Attachment "C_1"
A. Section 11-62-31.1(a)(2)(D): Developments involving buildings other than
dwellings: The total wastewater flow into each individual wastewater system
shall not exceed one thousand (1000) gallons per day.
B. Section 11-62.31(b)(2): A building may use more than one individual
wastewater system where each individual wastewater system shall connect to
a single dwelling unit.
11. Attachment "E_1"
The Nani Olu Housing Facility 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 system (IWS) for which this variance(s) 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 public wastewater
system that is reasonably accessible form the project site.
12. Attachment "F_1"
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani1"
1) TOTAL PROJECTED FLOW
Buildina No.1
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gal/bdrm = 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
4 dwelling units.)
Tank Selection:
Chem-Tainer, Fiber Enterprises or a Septic
Tank approved and listed by IAPMO with
capacity equal to or greater than 1,250 gallons.
HPHA Nani Olu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 3
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit. The
existing cesspool currently serving the four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing -
Septic Tank "Nani2"
1) TOTAL PROJECTED FLOW
Buildina No.1
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gal/bdrm = 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
4 dwelling units.)
Tank Selection:
Chern-Tainer, Fiber Enterprises 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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani3"
1 ) TOTAL PROJECTED FLOW
Buildina No.2
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gallbdrm = 800 gpd
TOTAL (Design Flow):
800 apd
HPHA Nani Olu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
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
4 dwelling units.)
Tank Selection:
Chem-Tainer, Fiber Enterprises 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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani4"
1) TOTAL PROJECTED FLOW
Building No.2
1 Bedroom Dwelling lJnit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gallbdrm = 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
4 dwelling units.)
Tank Selection:
Chem-Tainer, Fiber Enterprises or a Septic
Tank approved and listed by IAPMO with
capacity equal to or greater than 1,250 gallons.
HPHA Nani Diu Elderly Housing - Variance Application 'NIN 316, Docket No. 09-V'NIN-19
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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani5"
1 ) TOTAL PROJECTED FLOW
Buildina No.3
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gal/bdrm = 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
4 dwelling units.)
Tank Selection:
Chern-Tainer, Fiber Enterprises 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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani6"
1 ) TOTAL PROJECTED FLOW
Buildina No.3
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gpl/bdrm = 800 gpd
TOTAL (Design Flow):
800 apd
HPHA Nani Olu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 6
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
4 dwelling units.)
Tank Selection:
Chem-Tainer, Fiber Enterprises 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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani7"
1 ) TOTAL PROJECTED FLOW
Building No.4
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 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
4 dwelling units.) ,
Tank Selection:
Chem-Tainer, Fiber Enterprises or a Septic
Tank approved and listed by IAPMO with
capacity equal to or greater than 1,250 gallons.
HPHA Nani Diu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 7
b) EFFLUENT DISPOSAL
The proposed method of effluent disposal shall be a Seepage Pit. The
existing cesspool currently serving the four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani8"
1) TOTAL PROJECTED FLOW
Buildina No.4
1 Bedroom Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Bdrms.
4 Bdrms. @ 200 gal/bdrm = 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
4 dwelling units.)
Tank Selection:
Chem-Tainer, Fiber Enterprises 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 four dwelling units will be used
as the seepage pit for effluent disposal.
DESIGN CRITERIA
Nani Olu Housing
Septic Tank "Nani9"
1 ) TOTAL PROJECTED FLOW
Community Buildina
4 Laundry Washers: 4 @ 300 gpd/washer = 1,200 gpd
Estimated Maximum Staff/Resident & Public Occupancy: 25 persons
Staff\Resident\Public: 25 persons @ 15 gpd/person = 375 gpd
TOTAL (Design Flow):
1,575 apd
HPHA Nani Olu Elderly Housing - Variance Application VWJ 316, Docket No. 09-VVWJ-19
Findings of Fact and Conclusions of Law Page 8
2) SEPTIC SYSTEM
a) SEPTIC TANK
Minimum Liquid Volume:
= 1,000 + (Q-800)(1.25)
= 1,000 + (1,575 - 800)(1.25)
= 1,969 gal
The,proposed tank shall be a 2,000 gallon, two compartment
Septic Tank.
Tank Selection:
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 four dwelling units will be
converted for use as the seepage pit for effluent disposal.
An Overall Site Plan "Figure 1" was included but can not be shown here.
13. 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: 81-1011 Nani Kupuna Place, Kealakekua, Hawaii 96750.
Owner: State of Hawaii. Island: Hawaii. TMK (3) 8-1-002: 048 Lot Size:
83,200 sq. ft. Action related to disposal is: reuse cesspool as seepage pit,
reuse injection well. Describe the disposal structure: Seepage Pit or Injection
Well: Existing: How many: 9.
See Attachment "1 ". Wast~water type: domestic, residential. Facility's
wastewater flow in gallons per day: existing design 7,975 gpd.
Attachment" 1"
Cesspool/Injection Grade Diameter Depth Depth to Standing Water
Well. No. Elev. (ft) (ft) (ft) From Surface if Present
ft
1570.2 14.0 15.2 No Standin Water Present
1570.4 12.0 16.0 No Standin Water Present
1573.0 14.0 15.0 No Standin Water Present
1572.5 12.0 15.5 No Standin Water Present
1571.0 14.0 15.0 No Standin Water Present
1568.7 14.0 15.7 No Standin Water Present
1566.4 12.0 16.0 No Standin Water Present
1566.0 12.0 15.0 No Standin Water Present
1564.0 12.0 15.0 No Standin Water Present
The following agencies submitted the following comments:
1. The Clean Water Branch submitted that they will defer to the Wastewater Branch's
final decision.
HPHA Nani Olu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 9
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.
B. An Underground Injection Control (UIC) permit is required for the continued
use of the facility's 9 existing cesspools as seepage pits. We recommend that
the facility's consultant contact Norris Uehara of the UIC program at
(808) 586-4258 to discuss UIC regulatory requirements.
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) 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/seepage pit shall be fitted with an effluent
filter(s).
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 3420, 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.
HPHA Nani DIu Elderly Housing - Variance Application WW 316, Docket No. 09-VWW-19
Findings of Fact and Conclusions of Law Page 10
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, An Underground Injection Control (UIC) permit is required for the continued use of the
facility's nine (9) existing cesspools as seepage pits. We recommend that the facility's
consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss
UIC 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/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. Please contact the Wastewater Branch's Planning & Design
Section at (808) 586-4294 for technical information regarding treatment individual
wastewater systems.
5. 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.
HPHA Nani Olu Elderly Housing - Variance Application WIN 316, Docket No. 09-VWVV-19
Findings of Fact and Conclusions of Law Page 11
~~
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APP # WW
Fact & Conclusions of Law
ROUTE TO:
Applicant:
A ent:
Director of Health - Chiyome I..! inaala Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief,' Environmental Management Division - Thomas E. Arizumi
Attorney General's Office - Deputy Attorney Edward "Ted" Bohlen
Clean Water Branch - Alec Wong - Retu n only if you have comments.
Environmental Planning Office - '.
Safe Drinking Water Branch - Stuart Yama a
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[.>4-Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Kauai - Lori Vetter
[ ] Maui - Roland Tejano
[ ] Oahu - Johnny Ong Cue. CJh t
Water Departments
[ ] Board of Water Supply - Wayne Hashiro
[.><! County of Hawaii Dept of Water Supply - Milton Pavao
[ ] County of Maui Dept of Water Supply - Jeffrey Eng
[ ] Kauai County De artment of Water - Edward Tschupp
[ ] Maui DHO - Patti Kitkowski, Acting District Environmental Health Program Chief
[ ] KauaiDHO - Gerald Takamura, District Environmental Health Program Chief
[ Hilo DHO - Newton Inouye, Acting District Environmental Health Pro ram Chief
City & County of Honolulu, Department of Plannin & Permittin
] County of Council / [ ] Honolulu City & County Council
Oahu Nei hborhood Board #
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision & Order, please submit them in writin'g 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 _I
my documents\c temp\wwb - 2009 variance route slip - Draft Dec,doc 07/31/2009