HomeMy WebLinkAboutCOM 0329.001 2008-2010
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LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII DIRECTOR OF HEALTH
BR ®~•A9~
STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BOX 3378 In reply, please refer to:
HONOLULU, HAWAII 98801 EMD / W8
WW 301 Draft Dec CL
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November 17, 2009 ` j
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Mr. Theodore Baldau
Vice President -
RT Engineers, Inc.
P.O. Box 390628
r Kailua-Kona, Hawaii 96739
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Dear Mr. Baldau:
Subject: Variance Application No. WW 301 Docket No. 09-VWW-04
Application for Variance - Primarily Concerning Large Capacity Cesspools
Teshima Enterprises, Inc. c/o Mr. Ernest Teshima
Proposed Upgrade of Existing Cesspools to Seepage Pit i
and Proposed Installation of a Septic Tank j
79-7251 Mamalahoa Highway, Kealakekua, Hawaii 96750
TMK: (3) 7-9-003: 029 124,951 square feet
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.
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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 December 11, 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,
r
THOMAS E. ARIZUMI, P.E., CH
Environmental Management Division
Enclosures- Draft Decision and Order
Draft Findings of Fact and Conclusions of Law
c: Applicant - Mr Ernest Teshima
Clean Water Branch
Safe Drinking Water Branch
Wastewater Branch - Kona Staff Engineer
Department of Water Supply - County of Hawaii Comm. No.
District Health Office - Hilo
vilawaii County Council Ref. To:
Ref. Date ivOV 2 0
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STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-04
Variance Application No. WW 301 )
for Individual Wastewater System )
Proposed Upgrade of an Existing Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspool to a Septic Tank System at )
79-7251 Mamalahoa Hwy, Kealakekua, HI 96750 )
Teshima Enterprises, Inc. TMK (3) 7-9-003: 029 )
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, 11-61-31.1(a)(1)(D) and 11-62-32 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 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 the injection-well seepage pit must contact the UIC program at (808) 586-4258
for a UIC permit application.
2. 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. It is only granted for the existing flow and not for any future flow.
3. Each septic tank shall be fitted with an effluent filter(s).
4. The septic tank shall be designed for a minimum volume of 8,000 gallons for the project. If two
septic tanks will be used, a minimum septic tank volume of 5,000 gallons shall be provided for the
seventeen (17) bedroom units and 3,000 gallons for the restaurant.
5. Pretreatment of all food waste wastewater and non-domestic type of wastewater coming from the
restaurant shall be provided prior to entering the septic system. Pretreatment shall meet the
requirements of Chapter 11-62
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 the applicant wish to renew his variance application, the
applicant must submit an Application for Variance for renewal, 180 days prior to expiration date.
Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294 for technical
information regarding treatment individual wastewater systems.
DATED: Honolulu, Hawaii,
Draft - Signature NOT required.
THOMAS E. ARIZUMI, P.E.
Chief, Environmental Management Division
1
STATE OF HAWAII
DEPARTMENT OF HEALTH
In the Matter of the Application ) Docket No. 09-VWW-04
Variance Application No. WW 301 )
for Individual Wastewater System )
Proposed Upgrade of an Existing Large Capacity ) DRAFT - SIGNATURE NOT REQUIRED
Cesspool to a Septic Tank System at )
79-7251 Mamalahoa Hwy, Kealakekua, HI 96750 )
Teshima Enterprises, Inc. TMK (3) 7-9-003: 029 )
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
An application from Mr. Ernest Teshima of Teshima Enterprises, Inc. 79-7251 Mamalahoa
Highway, Kealakekua, Hawaii 96750, for a five (5) year variance from Hawaii Administrative Rules,
Chapter 62 of Title 11, Section 11-62-03, 11-62-31.1(a)(1)(D) and 11-62-32 was reviewed by the
Department of Health staff. A public notice of the application was printed in the May 19, 2009 issue of the
Honolulu Star Bulletin and the May 19, 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.
Findings of Fact
The individual authorized to act for the applicant, Mr. Ted Baldau, Vice President of RT Engineers,
Inc., P.O. Box 390628, Kailua-Kona, Hawaii 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 components separate from any other wastewater systems."i,Section 11-62-31.1(a)(1)(D)
"General requirements for individual wastewater systems. 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: Developments involving dwellings. The total wastewater flow into one individual
wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall
not serve more than five bedrooms, whether they are in one dwelling unit or two." and Section 11-62-32
Spacing of individual wastewater systems state "No individual wastewater system shall be located at any
point having less than the minimum distance indicated in Table 11 attached to this chapter in appendix F,
entitled Tables, dated April 15, 1997 and located in the end of this chapter unless otherwise approved by
the director." The applicant is proposing the upgrade of existing large capacity cesspools at Teshima's
Restaurant that serve ten (10) - one bedroom apartments (no kitchens), one (1) - two bedroom residence
and one (1) - five bedroom residence, dining area (60 restaurant + 75 banquet hall) and bar seating (42).
Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04
Findings of Fact and Conclusions of Law Page 1
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The applicant has made the following comments.
1. Requested variance for HAR Section 11-62-03 Definitions: The total volume of domestic
wastewater directed to the proposed individual wastewater system will be 5,680 gallons
per day. This wastewater flow is generated by a restaurant with a bar and banquet room, a
two bedroom and five bedroom single family dwelling and 10 single bedroom apartment
type rooms with no cooking facilities.
2. Requested variance for HAR Section 11-62-31.1(a)(1)(D) General requirements for
individual wastewater systems: The total calculated volume of domestic wastewater
directed to the proposed individual wastewater system will be 5,680 gallons per day. This
wastewater still partially be generated from 7 bedrooms contained within two dwelling units
and 10 single bedroom apartments without cooking facilities.
3. Requested variance for HAR Section 11-62-32 Spacing of individual wastewater systems:
The existing cesspool that is- proposed to be converted to a seepage pit is setback
approximately 5 feet from the property line fronting Mamalahoa Highway. Table II requires
a minimum 9 foot property line setback for seepage pits. In addition the proposed septic
tank (treatment unit) to be installed in the area between restaurant structure and property
line fronting Mamalahoa Highway may also encroach into the five (5) foot property line
setback.
4. 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 5680 gallons per day.
5. 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.
6. 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.
7. 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.
8. Prevent loss of jobs. The LCC serving my facility has been in operation for 80 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 lay off my employees.
9. 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.
Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04
Findings of Fact and Conclusions of Law Page 2
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10. 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.
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 variance is requested for the maximum of five (5) years.
13. Attachment F-1(B)
? Wastewater Calculation for Teshima Enterprises TMK: (3) 7-9-003: 029. Wastewater flow
from Teshima's Restaurant, (10) 1 bedroom apartments (no kitchens), (1) 2 bedroom
residence and (1) 5 bedroom residence are included in this calculation.
Allowable daily wastewater -generation
Total area of parcel: 124,951 square feet. Footprint of Teshima's restaurant structure:
3,500 square feet (approximate). Yields (124,951 - 3,500) sq. ft./10,000 sq ft/1000 gal.
Per day = 12,145 gal per day (gpd) allowable wastewater generation.
Projected Flow
Restaurant:
Total dining seating (60 restaurant + 75 banquet hall) = 135. Bar seating: 42. Kitchen
waste water: 135 seats x 8 gal. per seat = 1080 gpd. Bar waste water: 42 seats x 15 gal. 1
per seat = 630 gpd. Customer restroom use: 200 meals per day x 40% @ 5 gal per use = i
400 gpd. Employee restroom use: 6 full time employees @ 20 gal per day = 120 gpd j
Miscellaneous clean up: 50 gpd. Total daily wastewater from restaurant use: 2,280 gpd
Dwellings:
Total number of bedrooms: 17. Gallons per bedroom: 200. Total daily wastewater from
dwellings: 17 bedrooms x 200 gallons / bedroom = 3,400 gpd. Total daily wastewater
generated from all uses: 2,280 gpd + 3,400 gpd = 5,680 gpd. Total daily wastewater
generated well within allowable limits.
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14. The following information is from the Information for Variance Evaluation by UIC Program I
worksheet, Underground Injection Control (UIC) Program, Safe Drinking Water Branch: t
Facility Address is: 79-7251 Mamalahoa Highway, Kealakekua, Hawaii Owner: Teshima
Enterprises, Inc. Island: Hawaii TMK: (3) 7-9-003: 029 Lot Size: 124,951 sq ft
Action related to disposal is: reuse cesspool as seepage pit.
Seepage Pit: Existing: How many: 1, grd. Elev (g) ft 1450, Diameter (d) ft 8, Depth (h) ft
12.5, Depth to Standing Water from Surface if present: 12.0
Wastewater type: domestic, residential, non-residential, food processing.
Facility's wastewater flow in gallons per day: existing design 1800 gpd, future design 5680
gpd. Actual (measured or metered) Average 1800, Maximum 2200.
A plot map has been attached to this application for variance but can not be shown here.
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The following agencies submitted the following comments:
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1. The Clean Water Branch submitted the following comment:
Will defer to the Wastewater Branch's final decision.
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Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04 t
Findings of Fact and Conclusions of Law Page 3
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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 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 the injection-well
seepage pit must contact the UIC program at (808) 586-4258 for a UIC permit
application.
D. Because the proposed upgrade of the cesspool 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. The Wastewater Branch states that there is no existing sewer service system
available for connection. We offer the following comments: The property is not
sewered, 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 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 shall be designed for a minimum volume of 8,000 gallons for the
project. If two septic tanks will be used, a minimum septic tank volume of 5,000
gallons shall be provided for the seventeen (17) bedroom units and 3,000 gallons
for the restaurant.
E. Pretreatment of all food waste wastewater and non-domestic type of wastewater
coming from the restaurant shall be provided prior to entering the septic system.
Pretreatment shall meet the requirements of Chapter 11-62.
F. The project shall connect to the County sewer service system should it become
available to the area.
G. Therefore, upon the agreement of the conditions stated, we recommend the
granting of this variance application.
Please contact the Planning & Design Section of the Wastewater Branch at
(808) 586-4294 if you have any questions.
Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04
Findings of Fact and Conclusions of Law Page 4
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Conclusions of Law
Chapter 342D, Hawaii Revised Statutes, Section 342D-7(c), states that no variance shall be
granted by the Department unless the application and supporting information clearly show that:
1. The granting of the variance is in the public interest as defined in the Hawaii Revised
Statutes, Section 342D-6(c)(4).
2. The granting of this variance will not substantially endanger human health or safety.
3. Compliance with the rules, regulations or standards from which the variance is sought
would produce serious hardship without equal or greater benefits to the public.
Based upon the foregoing findings of fact, it is concluded that the above requirements have been
met.
Comment and Recommendation
Based upon the foregoing findings of fact and conclusions of law, it is my recommendation that the
variance request be GRANTED for five (5) years with the following conditions:
1 The reuse of an injection-well cesspool as an injection-well seepage pit shall only be
allowed under an 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 the injection-well seepage pit must contact the
UIC program at (808) 586-4258 for a UIC permit application.
I
2. 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. It is only granted for the existing flow and not for any
future flow.
3. Each septic tank shall be fitted with an effluent filter(s).
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4. The septic tank shall be designed for a minimum volume of 8,000 gallons for the project. If
two septic tanks will be used, a minimum septic tank volume of 5,000 gallons shall be
provided for the seventeen (17) bedroom units and 3,000 gallons for the restaurant.
5. Pretreatment of all food waste wastewater and non-domestic type of wastewater coming
from the restaurant shall be provided prior to entering the septic system. Pretreatment
shall meet the requirements of Chapter 11-62.
6. The project shall connect to the County sewer service system should it become available
to the area.
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Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04
Findings of Fact and Conclusions of Law Page 5
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7. There is no automatic renewal. Should the applicant wish to renew his variance
application, the applicant must submit an Application for Variance for renewal, 180 days
prior to expiration date.
Please contact the Wastewater Branch's Planning & Design Section at (808) 586-4294 for
technical information regarding treatment individual wastewater systems.
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.
Ernest Teshima - Variance Application WW 301, Docket No. 09-VWW-04
Findings of Fact and Conclusions of Law Page 6
Transmittal Date: Nov- 110-'ZUVV1 Suspense Date: •
Wastewater Branch Variance Application Docket No. - VWW - APP # WW
Name/Title:
Subject: Draft Decision Letter with Decision & Order and Findings of Fact & Conclusions of Law
ROUTE TO: •
Applicant: Mg-
Agent: MOU •
Director of Health - Chiyome Leinaala 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 -
Safe Drinking Water Branch - Stuart Yamada
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[ ) Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) •
[ ) Kauai - Lori Vetter
[ I Maui - Roland Tejano
[ l Oahu - Johnny Ong
Water Departments
[ I Board of Water Supply - Clifford Lum
[>d County of Hawaii Dept of Water Supply - Milton Pavao
[ I County of Maui Dept of Water Supply - Jeffrey Eng
[ ) Kauai Count Department of Water - Edward Tschu
[ ] Maui DHO - j;.. District Environmental Health Program Chief
[ l Kauai DHO - - TGt'Mild, District Environmental Health Program Chief
[ Hilo DHO - •v C,4) n t'Zistrict Environmental Health Program Chief •
City & Count of Honolulu, Department of Planning & Permitting
[ Count of Jf tt Council ] Honolulu City & County Council
Oahu Neighborhood Board #
ACTION REQUESTED:
If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing 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.
Received by WWB / / pAc temp\wwb - 2008 variance route slip - Draft Dec.doc 05/23/2008