HomeMy WebLinkAboutCOM 0599.000 2008-2010
LINDA LINGLE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF HEALTH
p.o. BOX 3378
HONOLULU, HAWAII 96801
CHIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
In reply, please refer to:
EMD / WB
WW 310 FINAL DEC CL
Ching Family Partners ID#10
October 22,2009
CERTIFIED MAIL 7004 0750 0001 8544 4579
RETURN RECEIPT REQUESTED
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Mr. Paul A. Nash
Civil Engineer
Atlas Engineering, LLC
P.O. Box 11188
Hilo, Hawaii 96721
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Dear Mr. Nash:
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Variance Application No. WW 310 Docket No. 09-VWW-13 10 # 10
Application for Variance - Primarily Concerning Large Capacity Cesspools
The Proposed Use of Septic Tanks to Replace A Large Capacity Cesspool
Serving Eight (8) One-Bedroom Apartments, Ching Family Partners,rDay-Lum
Rentals & Management, 333 Lehua Street, Hilo, Hawaii 96720
TMK: (3) 2-6-004: 036 9630 square feet
Subject:
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Thursday,
October 22, 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,
~~
THOMAS E. ARI~ P.~., CH F:
Environmental Management Division
Enclosures:
Final Decision and Order
Findings of Fact and Conclusions of Law
c:
Applicant - Ms. Kristin Makami
Clean Water Branch - Please return ONLY route slip
Safe Drinking Water Branch
Wastewater Branch- Hilo Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
\A'Gwaii County Council
FYI - Environmental Planning Office
DOH.WWB Johnny Ong, Oahu Staff Engineer
Comm.
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Ref. To: -- ~'
Ref. Date Q.g 2 \) 2\\u:J "l',
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 310
for Individual Wastewater Systems
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Docket No. 09-VWW-13
Primarily Concerning Large Capacity
Cesspools - The Proposed Use of Septic
Tanks to Replace a LCC Serving Eight (8)
One-Bedroom Apartments for Ching Family
Partners, Day-Lum Rentals & Management
333 Lehua Street, Hilo, HI 96720
TMK (3) 2-6-004: 036- 9630 square feet
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 and '11-62-31.1 (a)(1 )(0) is hereby GRANTED for five (5) years with the following
provisions:
1. The two year water use records indicate that the cesspool receives less than 1,000 gallons per
day (gpd) of wastewater. Therefore, an Underground Injection Control (UIC) permit does not
appear to be required at this time.
2. If the proposed seepage pit ever receives more than 1000 gpd of wastewater, an Underground
Injection Contro!' (UIC) permit will be required to continue the operation of the seepage pit. We
recommend that the facility's consultant contact Norris Uehara of the UIC program at (808)
586-4258 to discuss UIC regulatory requirements.
3. Plans for each IWS shall be submitted to the Wastewater Branch for review and approval
before any construction begins. In addition, the treatment IWS shall be approved in writing
before being placed into service.
4. Each septic tank shall be fitted with an effluent filter(s).
5. The septic tank serving the eight (8) one bedroom dwelling units shall be enlarged to a
minimum size of 2,500 gallons. Two (2) 1,250 gallon septic tanks may be used in lieu of one
(1) 2,500 gallon tank.
6. The project shall connect to the County sewer service system should it become available to the
area. Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294
for technical information regarding treatment individual wastewater systems.
7. There is no automatic renewal. Should applicant wish to renew his variance application,
applicant must submit an Application for Variance for renewal.
DATED:
Honolulu, Hawaii,
October 22. 2009
Thomas E. Arizumi, P.E., CHI
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 310
for Individual Wastewater Systems
,c-,
)
)
)
)
)
)
)
)
)
)
)
)
Docket No. 09-VWW-13
Primarily Concerning Large Capacity
Cesspools - The Proposed Use of Septic
Tanks to Replace a LCC Serving Eight (8)
One-Bedroom Apartments for Ching Family
Partners, Day-Lum Rentals & Management
333 Lehua Street, Hilo, HI 96720
TMK (3) 2-6-004: 036 9630 square feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Ching Family Partners, Ms. Kristin Makami, Day-Lum Rentals & Management,
2 Kamehameha Avenue, Hilo, Hawaii 96720 a five (5) year variance from Hawaii Administrative Rules,
Chapter 62 of Title 11, Sections 11-62-03 and 11-62-31.1 (a)(1 )(0) was reviewed by the Department of Health
staff. A public notice of the application was printed in the July 30, 2009 issue of the Honolulu Star Bulletin and
the July 30, 2009 issue of the Hawaii Tribune Herald publications. Three (3) comments pertaining to the
application were received during the 30 days following the publication of the public notice.
FindinQs of Fact
The individual authorized to act for the applicant, Mr. Paul A. Nash, Civil Engineer, Atlas Engineering,
LLC, P.O. Box 11188, Hilo, Hawaii 96721 has applied for a five-year variance from the Hawaii Administrative
Rules (HAR), Sections 11-52-03 Section 11-62-03 Definitions states "Individual wastewater system means a
facility which is designed to receive and dispose of no more than one thousand gallons per day of domestic
wastewater. Each individual wastewater systems includes all connected plumbing, treatment (if any), and
disposal components that could, if not connected, serve as separate wastewater systems." and
11-62-31.1 (a)(1 )(0) "Individual wastewater systems may be used as a temporary on-site means of wastewater
disposal in lieu of wastewater treatment works under the following conditions: (1) Developments involving
dwellings (D) The total wastewater flow into one individual wastewater system shall not exceed one thousand
gallons, and one individual wastewater system shall not serve more than five bedrooms, whether they are in
one dwelling unit or two."
The applicant is requesting the use of treatment individual wastewater systems (septic tanks), replacing
a large capacity cesspool for a lot with eight (8) one-bedroom apartments. The lot is located at 333 Lehua
Street, Hilo, Hawaii 96720, TMK (3) 2-6-004: 036, 9,630 square feet. The estimated wastewater flow is
1,600 gpd.
The applicant has made the following statements.
1. The large capacity septic system proposed to serve the facility would not comply with HAR
Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of .
wastewater. The estimated flow into the system would be 1,600 gallons per day.
Ching Family Partners - Variance Application WW 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 1
2. The existing large capacity cesspool(s) must be closed and replaced with a new treatment
individual wastewater system by April 5, 2005 to comply with federal requirements.
3. The current State requirement of a wastewater treatment plant would significantly add to the
construction cost as well as require a much greater outgoing maintenance cost.
4. The facility has been in operation for 33 years in this location using the existing cesspool. The
installation of a wastewater treatment plant is lieu of a septic system will not be possible due to
space restrictions and may force the owner to abandon the business operation.
5. The applicant believes this variance request is in the public interest because the LCC will be
upgraded to an IWS (septic system). The IWS plans will be designed by an engineer and will
be submitted to DOH for review and approval. The new IWS will provide a better wastewater
treatment system compared to the existing LCC. Therefore, impact to the environment will be
minimized.
6. Prevent loss of jobs. The LCC serving my facility has been in operation for 33 years. The
current State requirements of a wastewater treatment plant would significantly add to the
construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may
be forced to close my existing business and layoff my employees.
7. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better
treatment system prior to effluent disposal. The IWS will be designed and constructed to meet
the Department of Health standards. The impact to the environment will be minimized
compared to the current wastewater disposal.
8. The proposed treatment individual wastewater systems will provide greater protection than the
large capacity cesspools. The proposed IWS is an improvement to the existing cesspool in
terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal
prior to effluent disposal.
9. The actual water usage is less than 1000 gpd.
10. The residents of 333 Lehua Street are essen'tially economically depressed.
11. The owner of the facility simply cannot afford to build and operate wastewater systems meeting
all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plants.
12. The existing location of the facility is severely restrictive. There is simply no space to construct
a wastewater treatment plant.
13. The variance is requested for the maximum of five (5) years.
14. The following information is from the Information for Variance Evaluation by UIC Program
worksheet, Underground Injection Control (UIC) Program, Safe Drinking Water Branch:
- Facility Address is: 333 Lehua Street. Owner: Ching Family Parnters. Island: Hawaii.
TMK: (3) 2-6-004: 036. Lot Size: 9,630 square feet.
- Action related to disposal is: reuse cesspool as seepage pit.
- Seepage Pit: Existing: How many: 1, grd. elev (g) ft 60 +/-, Diameter (d) ft 6+/-, Depth (h) ft
10+/-, Depth to Standing Water from Surface if present: None.
- Wastewater type: residential.
- Facility's wastewater flow in gallons per day: existing design 1,000 gpd, future design 1,000
gpd. Actual (measured or metered) Average 650. Maximum 750.
Ching Family Partners - Variance Application VV\N 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 2
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Plot maps were included in the variance application but can not be shown here.
The following agencies submitted the following comments:
1 . The Clean Water Branch submitted that they will defer to the Wastewater Branch's final
decision.
2. The Safe Drinking Water Branch submitted the following comments:
A. The two year water use records indicate that the cesspool receives less than
1,000 gallons per day (gpd) of wastewater. Therefore, an Underground Injection
Control (UIC) permit does not appear to be required at this time.
B. If the proposed seepage pit ever receives more than 1000 gpd of wastewater, an
Underground Injection Control (UIC) permit will be required to continue the operation of
the seepage pit.
Please contact Mr. Norris Uehara at telephone (808) 586-4258 if you have any
questions.
3. The Wastewater Branch submitted the following comments:
A. After researching the property, it has been concluded that there is no existing sewer
service system available for connection. The property is located in the Non Critical
Wastewater Disposal Area (CWDA) as determined by the Hawaii County Wastewater
Advisory Committee.
B. Plans for each IWS shall be submitted to the Wastewater Branch for review and
approval before any construction begins. In addition, the treatment IWS shall be
approved in writing before being placed into service.
C. Each septic tank shall be fitted with an effluent filter(s).
D. The septic tank serving the eight (8) one bedroom dwelling units shall be enlarged to a
minimum size of 2,500 gallons. Two (2) 1,250 gallon septic tanks may be used in lieu
of one (1) 2,500 gallon tank.
E. The project shall connect to the County sewer service system should it become
available to the area.
F. Therefore, upon the agreement of the conditions stated, we recommend the 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).
Ching Family Partners - Variance Application IJIMJ 310, Docket No. 09-VWVIJ-13
Findings of Fact and Conclusions of Law Page 3
2. The granting of this variance will not substantially endanger human health or safety.
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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. The two year water use records indicate that the cesspool receives less than 1,000 gallons per
day (gpd) of wastewater. Therefore, an Underground Injection Control (UIC) permit does not
appear to be required at this time.
2. If the proposed seepage pit ever receives more than 1000 gpd of wastewater, an Underground
Injection Control (UIC) permit will be required to continue the operation of the seepage pit. We
recommend that the facility's consultant contact Norris Uehara of the UIC program at
(808) 586-4258 to discuss UIC regulatory requirements.
3. Plans for each IWS shall be submitted to the Wastewater Branch for review and approval
before any construction begins. In addition, the treatment IWS shall be approved in writing
before being placed into service.
4 Each septic tank shall be fitted with an effluent filter(s).
5. The septic tank serving the eight (8) one bedroom dwelling units shall be enlarged to a
minimum size of 2,500 gallons. Two (2) 1,250 gallon septic tanks may be used in lieu of one
(1) 2,500 gallon tank.
6. The project shall connect to the County sewer service system should it become available to the
area. Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294
for technical information regarding treatment individual wastewater systems.
7. There is no automatic renewal. Should applicant wish to renew his variance application,
applicant must submit an Application for Variance for renewal.
DATED:
Honolulu, Hawaii, October 22. 2009
~:.C~~
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Ching Family Partners - Variance Application V\NIJ 310, Docket No. 09-VWW-13
Findings of Fact and Conclusions of Law Page 4
.....ransmittal Date: L L LUU::J
Wastewater Branch Variance Ap lication Docket No. - VWW -
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Name/Title: I
Subject: Final Signe ecision Co r Letter, Signed Decision & Order & Findings of Fact &
Conclusions of Law
ROUTE TO:
Applicant:
Agent:
Director of Health - Chi me Leina Fukino
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas E. Arizumi
Attorney General's Office - Deputy Attorney Edward "Ted" Bohlen
Clean Water Branch - Alec Wong
Environmental Planning Office - (AV Ccma
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[Xl Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
[ 1 Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ 1 Kauai - Lori Vetter
[ 1 Maui - Roland Tejano
[.>c.. 1 Oahu - Johnny On ( l" CC
Water Departments
[ 1 Board of Water Supply - Clifford Lum
[ ><I County of Hawaii Dept of Water Supply - Milton Pavao
[ 1 County of Maui Dept of Water Supply - Jeffrey Eng
[ 1 Kauai County Department of Water - Edward Tschupp
[ ] Maui DHO - Herbert Matsubayashi, District Environmental Health Program Chief
[ ] Kauai DHO - , District Environmental Health Program Chief
[ ] Hilo DHO - Aaron Ueno, District Environmental Health Program Chief
City & County of Honolulu, Department of Planning & Permitting
[ ] County of Wall Council / [ ] Honolulu City & County Council
Oahu Neighborhood Board #
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NO ACTION REQUIRED:
x
Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
The attached i~ 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
p:\c temp\wwb - 2008 variance route slip - final decision. doc as of OS/23/2008