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HomeMy WebLinkAboutCOM 0584.001 2008-2010 - - - - f LINDA LINOLE CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 98801 WW 314 FINA,p6 GL L HPHA HALE MQOKIPA HOUSIIID#13 November 19, 2009 n ) z ! cm C: 73 CERTIFIED MAIL 7004 0750 0001 8544 4593 rv r7 RETURN RECEIPT REQUESTED Mr. Ronald Layaoen, Project Engineer Okahara & Associates, Inc.' c~4 200 Kohola Street ~n Hilo, Hawaii 96720-4323 4! Dear Mr. Layaoen: Subject: Variance Application No. WW 314 Docket No. 09-VWW-17 ID# 13 Application for Variance - Primarily Concerning Large Capacity Cesspools I~ On Behalf of Hawaii Public Housing Authority (HPHA), Requesting Three (3) ! Proposed Individual Wastewater Systems, Estimated Flows Exceeding 1000 gallons per day at Hale Hookipa Housing, 81-1038 Nani Kupuna Place, Kealakekua, Hawaii 96750 TMK (3) 8-1-002: 049 Please find enclosed the Department of Health's Decision and Order regarding the above mentioned application for variance request which was GRANTED on Tuesday November 17, 2009 for five (5) years. We are enclosing for your information the Findings of t Fact & Conclusions of Law. J 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. I Sincerely, op I THOMAS E. ARIZUMI, P. CHIEF Environmental Management Division Enclosures Final Decision and Order Findings of Fact and Conclusions of Law c' Applicant - Mr. Marcel Audant ' J Clean Water Branch Safe Drinking Water Branch ! Wastewater Branch - Kona Staff Engineer Department of Water Supply - County of Hawaii [,Wnct Health Office - Hilo COMOL I` O. I t V iawaii County Council FYI - Environmental Planning Office Ref. Tot A l DOH-WWB Johnny Ong, Oahu Staff Engineer Ref. Date NOV 2 4 =9 I I I STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 09-VWW-17 Variance Application No. WW 314 ) for Individual Wastewater Systems ) Primarily Concerning Large Capacity Cesspools ) on Behalf of Hawaii Public Housing Authority ) (HPHA), Requesting Three (3) Proposed Individual ) Individual Wastewater Systems, Estimated Flows ) Exceeding 1000 Gallons Per Day at Hale Hookipa ) Housing, 81-1038 Nani Kupuna Place, Kealakekua, ) Hawaii 96750 TMK (3) 8-1-002: 049 ) 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 Section 11-62-31.1(a)(1)(D) is hereby GRANTED for five (5) years with the following provisions: 1. A UIC permit will be required to continue the operation of four (4) cesspools as injection-well seepage pits, and the other six (6) injection-well cesspool will need to be abandoned under the requirement of the Underground Injection Control Program. Two different UIC applications must be submitted to initiate both of the regulatory actions. We recommend that the facility's consultant contact Mr. Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC applications and other 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. 5. 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. 6. 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, November 17. 2009 THOMAS E. ARIZUMI, P.E., CMEIF Environmental Management Division - - - - - - STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. 09-VWW-17 Variance Application No. WW 314 ) for Individual Wastewater Systems ) i ) Primarily Concerning Large Capacity Cesspools ) on Behalf of Hawaii Public Housing Authority ) (HPHA), Requesting Three (3) Proposed Individual ) Individual Wastewater Systems, Estimated Flows ) Exceeding 1000 Gallons Per Day at Hale Hookipa ) Housing, 81-1038 Nani Kupuna Place, Kealakekua, ) Hawaii 96750 TMK (3) 8-1-002: 049 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW i I An application from Mr. Marcel Audant, 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, 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)(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." was reviewed by the Department of Health staff. A public notice of the application 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. I Findings 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 requested three (3) proposed individual wastewater systems (HKPA1, HKPA3 and HKPA4) whose estimated wastewater flows will each exceed 1000 gallons per day. - j i HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 1 I I I I The applicant has made the following statements. 1. Requested variance is for HAR 11-62-31.1(a)(1)(D): The Hale Hookipa Housing Complex consists of one (1) bedroom and studio dwelling units contained within seven (7) separate one-story buildings, laundry facilities and a Recreation Center. There are ten (10) cesspools located on the property which serve the eight (8) buildings. Four (4) of the ten cesspools are proposed to be upgraded with the addition of a septic tank and conversion of each of the four cesspools for use as seepage pits for effluent disposal. The remaining six (6) cesspools will be abandoned in-place and backfilled. 2. The estimated existing wastewater flows into each of the six cesspools to be abandoned / backfilled are less than 1000 gallons per day. 3. The estimated wastewater flow for each of the four (4) proposed Individual Wastewater Systems are as follows: Septic System HKPA1 4,000 gpd Septic System HKPA2 1,000 gpd Septic System HKPA3 2,225 gpd Septic System HKPA4 1,200 gpd 4. The variance is request for the three (3) proposed IWSs (HKPA1, HKPA3, and HKPA4) whose estimated wastewater flows will each exceed 1000 gallons per day. 5. Three (3) of the four (4) proposed individual wastewater systems (IWSs) would receive more than 1000 gpd of wastewater.- The large capacity septic systems would receive estimated gpd flows of 4,000 (HKPA1) 2,225 (HKPA3) and 1,200 (HKPA4). The three (3) IWSs would not comply with HAR Section 11-62-03. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 2 i constructed to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal. 11. The proposed treatment individual wastewater systems well 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. 12. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant. 13. The Hale Hookipa Housing Complex 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. i Thus, the proposed Individual Wastewater Systems (IWS) 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 reasonable accessible from the project site. The following is Attachment '71": DESIGN CRITERIA Hale Hookipa Housing Septic Tank "HKPA1" 1) TOTAL PROJECTED FLOW Buildinq G 1 Bedroom Dwelling Unit, 2 Dwelling units: No. of Bedrooms = 2 Buildinq F 1 Bedroom Dwelling Unit, 1 Dwelling units: No. of Bedrooms = 1 Studio Dwelling Unit, 6 Dwelling units: No. of Bedrooms = 6 Building E Studio Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 Building D 1 Bedroom Dwelling Unit, 2 Dwelling units: No. of Bedrooms = 2 Building C Studio Dwelling Unit, 2 Dwelling units: No. of Bedrooms = 2 Laundry Room: 2 washing machines 17 Bdrms. @ 200 gal/bdrm = 3,400 gpd 2 washers @ 300 gpd per washing machine = 600-gpd TOTAL (Design Flow): 4,000 qpd HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No 09-VWW-17 ! Findings of Fact and Conclusions of Law Page 3 j r I l 2) SEPTIC SYSTEM a) SEPTIC TANK Minimum Liquid Volume = 1,000 + ((Q - 800) x (1.25)) = 1,000 + ((4,000 - 800) x (1.25)) = 5,000 gpd To address the additional scum and sludge accumulation from the 17 dwelling units, a tank with total capacity of 8,000 gallons will be used. Tank Selection: Jensen Precast or a septic tank approved and listed buy IAPMO with total capacity equal to or greater than 8,000 gallons. b) EFFLUENT DISPOSAL The proposed method of effluent disposal shall be an Absorption Bed utilizing the "Infiltrator" chambered system. A percolation rate of 1 min/in was determined in the field. Percolation Rate: 1 min/in = 70 sf required per 200 gpd of design flow Required Absorption Area: = 4,000 gpd x (70 sf/200gpd) = 1,400 sf DESIGN CRITERIA Hale Hookipa Housing Septic Tank "HKPA1" Chamber Sizing: Area of Leachfield (ft) / Chamber (ft2/ft) = Linear feet of chamber 1400 (ft2) / 4.0 (ft2/ft) = 350 linear feet of chamber No. of Chambers: Lineal ft. of Chamber / Chamber Length = No. of Chambers 350 ft / 6.25 ft = 56.0 56 chambers Absorption Bed: 78' x 19' (1482 sf provided) over 3' (min.) of cinder or suitable soil replacement material, with 60 open bottom "Standard" Chambers in 5 rows with 12 chamber units per row. DESIGN CRITERIA Hale Hookipa Housing Septic Tank "HKPA2" 1) TOTAL PROJECTED FLOW Building C 1 Bedroom Dwelling Unit, 3 Dwelling units: No. of Bedrooms = 3 Studio Dwelling Unit, 2 Dwelling units: No. of Bedrooms = 2 5 Bdrms. @ 200 gal/bdrm = 1,000 gpd TOTAL (Design Flow): 1,000 qpd HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 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 1250 gallons. To address the additional scum and sludge accumulation from the 5 dwelling units, a tank with total capacity of 1,500 gallons will be used. Tank Selection: Jensen Precast (two compartment) or a septic tank approved and listed by IAPMO with total capacity equal to or greater than 1,500 gallons. b) EFFLUENT DISPOSAL The proposed method of effluent disposal shall be a Seepage Pit. The existing cesspool currently serving the 5 dwelling units will be converted for use as the seepage pit for effluent disposal. DESIGN CRITERIA Hale Hookipa Housing Septic Tank 11HKPA3" 1) TOTAL PROJECTED FLOW Building B Studio Dwelling Unit, 4 Dwelling units: No. of Bedrooms = 4 1 Bedroom Dwelling Unit, 3 Dwelling units: No. of Bedrooms = 3 7 Bdrms. @200 gal/bdrm = 1,400 gpd Building H (Recreation Center) Estimated Maximum Staff/ Resident & Public Occupancy: Staff/Residents/Public: 55 persons @ 15 gpd/person = 825 gpd i TOTAL (Design Flow): 2,225 gpd i 2) SEPTIC SYSTEM a) SEPTIC TANK Minimum Liquid Volume = 1,000 + ((Q - 800) x (1.25)) = 1,000 + ((2,225 - 800) x (1.25)) = 2,781 gpd To address the additional scum and sludge accumulation from the 7 dwelling units, a tank with total capacity of 4,000 gallons will be used. { Tank Selection: Jensen Precast (two compartment) or a septic tank approved and listed by IAPMO with total capacity equal to or greater than 4,000 gallons. i b) EFFLUENT DISPOSAL i The proposed method of effluent disposal shall be a Seepage Pit. The existing cesspool currently serving the 7 dwelling units will be converted j for use as the seepage pit for effluent disposal. I I HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 5 i I i i DESIGN CRITERIA Hale Hookipa Housing Septic Tank "HKPA4" 1) TOTAL PROJECTED FLOW Buildina A Studio Dwelling Unit, 2 Dwelling units: No. of Bedrooms = 2 1 Bedroom Dwelling Unit, 1 Dwelling units: No. of Bedrooms = 1 Laundry Room: 2 washing machines 3 Bdrms. @ 200 gal/bdrm = 600 gpd 2 washers @ 300 gpd per washing machine = 600 gpd TOTAL (Design Flow): 1,200 caad 2) SEPTIC SYSTEM a) SEPTIC TANK Minimum Liquid Volume = 1,000 + ((Q - 800) x (1.25)) = 1,000 + ((1,200 - 800) x (1.25)) = 1,500 gpd To address the additional scum and sludge accumulation from the 3 dwelling units, a tank with total capacity of 4,000 gallons will be used. Tank Selection: Jensen Precast (two compartment) or a septic tank approved and listed by IAPMO with total 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 3 dwelling units and laundry room will be converted for use as the seepage pit for effluent disposal. 14. The variance is requested for the maximum of five (5) years. 15. 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: 81-1038 Nani Kupuna Place, Kealakekua, Hawaii 96750. Owner: State of Hawaii. Island: HI Island. TMK (3) 8-1-002: 049. Lot Size: 257,875 sq. ft. Action related to disposal is: abandon cesspool, build new leachfield, reuse injection well. Describe the disposal structure: leachfield 78.0 ft x 19.0 ft x 8.0 ft deep. Injection Well - See Attachment 1. Wastewater type: domestic, residential. Facility's wastewater flow in gallons per day: existing design 8,425 gpd. HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 6 - I ATTACHMENT "1" Hale Hookipa Housing Existing Cesspool/Injection Well Data Cesspool/Injection Grade Elev. Diameter (ft) Depth (ft) Depth to Standing Water Well No. (ft) from Surface if Present ft 1 1633.0 8.0 23.0 None 2 1632.3 8.0 23.7 None 3 1644.5 10.0 27.3 None 4 1657.0 14.0 25.8 None 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. Because the proposed improvement is being driven by the Federal ban on , large-capacity cesspools, we have no objection to granting the variance as j proposed; and B. Underground Injection Control (UIC) regulations are applicable because the facility's existing cesspools apparently receive more than 1000 gallons per day (gpd) of wastewater. Thus, a UIC permit will be required to continue the operation of 4 cesspools as injection-well seepage pits, and the other 6 injection-well cesspool will need to be abandoned under the requirement of the Underground Injection Control Program. Two different UIC applications must be submitted to initiate both of the regulatory actions. We recommend that the + facility's consultant contact Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC applications and other regulatory requirements. Please contact Mr. Norris Uehara at telephone (808) 586-4258 if you have any questions. i I 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 and is located in the Critical Wastewater Disposal Area (CWDA) with Five (5) Acre Lot Exception as determined by the Hawaii County Wastewater Advisory Committee. j I 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 i placed into service. C. Each treatment IWS septic tank / seepage pit shall be fitted with an effluent filter(s). i HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 7 I I 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 -granting 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. 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. A UIC permit will be required to continue the operation of four (4) cesspools as injection-well seepage pits, and the other six (6) injection-well cesspools will need to be abandoned under the requirement of the Underground Injection Control Program. Two different UIC applications must be submitted to initiate both of the regulatory actions. We recommend that the facility's consultant contact Mr. Norris Uehara of the UIC program at (808) 586-4258 to discuss UIC applications and other 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. HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 8 - - - - I 5. Therefore, upon the agreement of the conditions stated, we recommend the rantin of this variance application. Please contact the Planning & Design Section of the Wastewater Branch at (808) 586-4294 if you have any questions. I 6. 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, November 17. 2009 THOMAS E. ARIZUMI, P.E., CHI Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. j I I l a I I I HPHA Hale Hookipa Housing - Variance Application WW 314, Docket No. 09-VWW-17 Findings of Fact and Conclusions of Law Page 9 i i I i IR Transmittal Date: NVV Uri vtr -I r Wastewater Branch Variance Application Rocket No. - VWW - APP # WW vk- Name/Title: - l Subject: FINAL Sighed Decision Cover Letter, Decisi n & Order and dings of Fact & Conclusions of Law ROUTE TO: Applicant: Agent: -01950UQX~ - F• A Director of Health - Chiyome Leinaala 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 Won - For you to FILE or DISCARD. • Environmental Planning Office - - For our information. - Safe Drinking Water Branch - Stuart Yamada • Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4) [ X ] Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9) [ ] Kauai - Lori Vetter [ ] Maui - Roland Tejano [ X) Oahu - Johnny On ( L C L - Water Departments [ ) Board of Water Supply - Wayne M. Hashiro ['`County of Hawaii Dept of Water Supply - Milton Pavao [ ] County of Maui Dept of Water Supply - Jeffrey Eng [ ) Kauai Count Department of Water - Edward Tschu [ ] Maui DHO - Patti Kitkowski, Acting District Environmental Health Program Chief [ ] Kauai DHO - Gerald Takamura, District Environmental Health Program Chief Hilo DHO - Newton Inouye, Actin District Environmental Health Program Chief City & County of Honolulu, Qe artment of Planning & Permitting l Count of Council / [ ] Honolulu City & County Council Oahu Neighborhood Board # 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 07/31/2009