HomeMy WebLinkAboutCOM 0555.001 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 313 FINAL DEC CL
77-6399 Nalani Street-ID#4
October 28, 2009
CERTIFIED MAIL 7005 1160 0001 8381 4823
RETURN RECEIPT REQUESTED
C'>
On
S;o..
-=-c
--1-:;:,.
""'''',.,
""'-lI
€S
(,Q
z
c=::>
c:::
:rJ
m
r,;
'.'.j",
f"i)
Mr. Michael Krochina, P.E.
Krochina Engineering
P.O. Box 4613
Kailua-Kona, Hawaii 96745
."'tJ
:3
-=
"'.~
<:.s,
l-q
l I.
o
........
-.J
Dear Mr. Krochina:
Subject:
Variance Application No. WW 313 Docket No. 09-VWW-16 10#4
Application for Variance - Primarily Concerning Large Capacity Cesspools for the
Lenders Document Building Allowing Daily Wastewater Flow of 3,000 gpd
Split into Two (2) Separate Septic Systems Utilizing Large Capacity Cesspools
as Disposal Pits; 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
TMK (3) 7-7-009: 056 30,784 sq. ft.
Please find enclosed the Department of Health's Decision and Order regarding the above
mentioned application for variance request which was GRANTED on Friday, October 23, 2009
for five (5) years. We are enclosing for your information the Findings of Fact and 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,
~/a' .
THOMAS E. ARIZUMI, P.E., c~
Environmental Management Division
Enclosures:
Final Decision and Order
Findings of Fact and Conclusions of Law
c:
Applicant - Clark Commercial Group
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii
District Health Office - Hilo
~awaii County Council
FYI - Environmental Planning Office
DOH-WWB Johnny Ong, Oahu Staff Engineer
Comm. No. '"'"" 5' ~ . f
Ref. To:
Ref. Date NOV 0 220nlJ
'.
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application )
Variance Application No. WW 313 )
for Individual Wastewater Systems l )
Primarily Concerning Large Capacity Cesspools )
for the Lenders Document Building Allowing Daily )
Wastewater Flow of 3,000 gpd Split into Two (2) )
Separate Septic Systems Utilizing Large Capacity )
Cesspools as Disposal 'f;lits at )
77-6399 NalaniStreet, Kailua-Kona, Hawaii )
96740 TMK (3) 7-7-009: 056 30,784 sf )
)
Docket No. 09-VWW-16
DECISION AND ORDER
Pursuant to Chapter 342D, 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 11-62-31.1 (a)(2)(A) 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 an Underground Injection Well (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
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 1,225 gallons per day, the septic tank shall be designed for a minimum
volume of 1,500 gallons. For the 1,300 gallons per day flow, the septic tank volume shall be a
minimum of 2,000 gallons.
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 23. 2009
~~
HOMAS E. A IZUMI, P.E., F
Environmental Management Division
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application
Variance Application No. WW 313
for Individual Wastewater Systems
Primarily Concerning Large Capacity
Cesspools for the Lenders Document
Building Allowing Daily Wastewater Flow of
3,000 gpd Split into Two (2) Se~arate
Septic Systems Utilizing Large Capacity
Cesspools as Disposal Pits at
77-6399 Nalani Street, Kailua-Kona, Hawaii
96740 TMK (3) 7-7-009: 056 30,784 sf
)
)
)
)
)
)
)
)
)
)
)
)
Docket No. 09-VWW-16
FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from the Clark Commercial Group, 75-5722 Kuakini Highway #214,
Kailua-Kona, Hawaii 96740 for a five (5) year variance from Hawaii Administrative Rules, Chapter 62
of Title 11, Section 11-62-03 and Section 11-62-31.1(a)(2)(A) was reviewed by the Department of
Health staff. A public notice of the application was printed in the August 22, 2009 issue of the
Honolulu Star Bulletin and the August 22, 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. Michael Krochina of Krochina
Engineering, P.O. Box 4613, Kailua-Kona, Hawaii 96745 hasiapplied for a five-year variance from the
Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions state "Individual wastewater system
means a facility which is designed to receive and dispose of no more than 1000 gallons per day of
domestic wastewater. Individual wastewater systems may involve treatment processes and include,
but are not limited to, septic tanks and household aerobic units with disposal system and cesspools.
Each individual wastewater system shall be an independent system and shall have all of its plumbing,
treatment (if any), and disposal components separate from any other wastewater systems." and
Section 11-62-31.1(a)(2)(A) "Developments involving buildings other than dwellings. There shall be
10,000 square feet of usable land area for each individual wastewater system. Usable land area shall
not include the area under the building." It is estimated that the wastewater flow will be 3,000 gpd.
This flow is proposed to be split evenly into two (2) separate systems utilizing existing LCC with flows
of 1,500 gpd being discharged into each system. The Lenders Document Building is located at
77-6399 Nalani Street, Kailua-Kona, Hawaii 96740 TMK (3) 7-7-09: 056, 30,784 sf.
Lenders Document Building 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
Variance Application WIN 313, Docket No. 09-VWW-16
Findings of Fact and Conclusions of Law Page 1
The applicant has made the following comments.
'.
1.
The two (2) 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
1,500 gallons per day.
2.
Total lot area = 30,784 square feet, building footprint = 5,400 square feet,
net area = 25,384 square feet yielding allowable daily wastewater flow of 2,538 gpd.
The proposed flow of 3,000 gpd exceeds this volume thus the proposed systems do
not conform to HAR Section 11-62-31.1 (a)(2)(A).
3.
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.
4.
The current State requirement of a wastewater treatment plant would significantly add
to the construction cost as well as require a much greater outgoing maintenance cost.
5.
The 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.
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.
7.
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.
8.
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.
9.
The variance is requested for the maximum of five (5) years.
10.
(
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: 77-6399 Nalani Street. Island: Hawaii. TMK (3) 7-7-009: 056.
Lot Size: 30,784 sf. Action related to disposal is: reuse cesspool as seepage pit.
Cesspool: Existing: How many: 2, Diameter (d) ft 6' / 6'. Depth (h) ft 15' /13'.
Depth to Standing Water from Surface if present: 0 / O. Wastewater type: domestic,
non-residential. Facility's wastewater flow in gallons per day: existing design
2,525 gpd. Future design 3,000 gpd.
Lenders Document Building 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
Variance Application WW 313, Docket No. 09-VWW-16
Findings of Fact and Conclusions of Law Page 2
11. The following was worksheet was attached:
Wastewater Calculations, Lenders Document Office Building, TMK (3) 7-7-009: 056
A. LOCATION: 77-6399 Nalani Street, Kailua-Kona, Hawaii County
B. PROJECTED FLOW:
Allowable Dailv Wastewater Flow
Area of Parcel: 30,784 SF
Footprint of existing Lender's Document Office Building: 5,400 square feet.
Footprint of existing Children's Justice Center: 960 sf
Allowable Daily Wastewater Flow:
30,784 (5,400 + 960) square I 10,000 square feet I 1000 gallons per day =
2,442 gallons per day.
Estimate Maximum Wastewater Flow: System #1
Receives wastewater from approximately 56000 square feet of tenant space
(Lender's Document Building 1st and 2nd floors)
Restroom and break room counter sink use only - no kitchen facilities
Maximum number of employees: 30
Gallon per day per employee: 25
Maximum number of visitor uses per day: 100
Gallon per use: 5
Misc. Cleaning and other uses: 50 gpd
Total Daily Flow, GPD: (30 x 25) + (100 x 5) + 50 = 1,300 (use 1,500)
Estimate Maximum Wastewater Flow: System #2
Receives wastewater from approximately 3,900 sf of tenant space
(Lender's Document Building 3rd floor) and 1,360 sf of tenant space (Children's
Justice Center)
Restroom and counter sink only - no kitchen facilities
Maximum number of employees: 30
Gallon per day per employee: 25
Maximum number of visitor uses per day: 80
Gallon per use: 5
Misc. Cleaning and other uses: 75 gpd
Total Daily flow, GPD: (30 x 25) + (80 x 5) + 75 = 1,225 (use 1,500)
Calculated maximum both systems, GPO: 2,525 (use 3,000)
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. 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;
B. The reuse of an injection-well cesspool as an injection-well seepage pit shall
only be allowed under an Underground Injection Well (UIC) permit. Operating
any injection-well seepage pit without a UIC permit is a violation of Chapter
Lenders Document Building 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
Variance Application WW 313, Docket No. 09-VWW-16
Findings of Fact and Conclusions of Law Page 3
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; and
C. Because the proposed upgrade of the cesspools to a 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 Riniando 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 not sewered, is
located in the Non-Critical Wastewater Disposal Area (CWDA)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 anycdnstruction
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. For an estimated flow of 1,225 gallons per day, the septic tank shall be
designed for a minimum volume of 1,500 gallons. For the 1,300 gallons per
day flow, the septic tank volume shall be a minimum of 2,000 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(c)(4).
2. The granting of this variance will not substantially endanger human health or safety.
Lenders Document Building 77-6399 Nalani Street, Kailua-Kona, Hawaii 96740
Variance Application IMN 313, Docket No. 09-VlMN-16
Findings of Fact and Conclusions of Law Page 4
,
.
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 reuse of an injection-well cesspool as an injection-well seepage pit shall only be
allowed under an Underground Injection Well (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
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 1,225 gallons per day, the septic tank shall be designed for a
minimum volume of 1,500 gallons. For the 1,300 gallons per day flow, the septic tank
volume shall be a minimum of 2,000 gallons.
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 23. 2009
~/~
THOMAS E. ARIZr1MI, P.E., CHIE
Environmental Management Division
The foregoing findings of fact and conclusions of law are hereby adopted.
Lenders Document Building 77-6399 Nalani Street. Kailua-Kona, Hawaii 96740
Variance Application WW 313, Docket No. 09-VWW-16
Findings of Fact and Concl!Jsions of Law Page 5
-/:'?
t/~';;'-"'"
Transmittal Date:
Wastewater Branch Variance Application Docket No. APP # WW
Name/Title: eM? - " .=1D
Subject: Final Signed Decision Cover Letter, Signed Decision & Order & Findings of Fact & Conclusions of Law
ROUTE TO:
Applicant:
Agent: VO (na
. Director of Health - Chiyome inaala F no
Deputy Director for Environmental Health Administration - Laurence Lau
Chief, EMD - Thomas E. Arizumi
Attorney General's Office - Deputy Attorney Edward "Ted" Bohlen
Clean VVater Branch ,- Alec Wong - For you to FILE or DISCARD.
Environmental Planning Office - _ M.o ~. For your information.
Safe Drinking Water Branch -:- Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[ ] Hilo- Jerry Nunogawa (TMKs 1, 2, 3, 4)
(~J Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Kauai - Lori Vetter
[ ] Maui - Roland Tejano
[")L..J. Oahu - Johnny Ong ((....GC-)
Water Departments
[ ] Board of Water Supply - Wayne M. Hashiro
.[)<1 county. of Hawaii Dept of Water Supply - Milton Pavao
[ J County of Maui Dept of Water Supply - Jeffrey Eng
[ ] Kauai County Department of Water - Edward Tschupp
[ ] Maui DHO - Patti Kitkowski, Acting District Environmental r[ealth Program Chief
[ ] Kauai DHO - Gerald Takamura, District Environmental Health Program Chief
['><j Hilo DHO - Newton Inouye, Acting District Environmental Health Program Chief
City & County of Honolulu, Department of Planning & Permitting.
Kj County of (Council / [ ] Honolulu City & County Council
Oahu Neighborhood Board #
4.
r
NO ACTION REQUIRED:
'X Here is the FINAL SIGNED Decision & Order and Findings of Fact & Conclusions of Law.
The attached is for your information to file or discard at your discretion. No action is
required. Thank you for your assistance in the variance application process.
From:
Department of Health - Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
phone (808) 586-4294 fax (808) 586-4300
my documents\c temp\wwb - 2009 variance route slip - final decision.doc as of 07/08/2009