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LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR OF HAWAII g DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 3378 In rep so refer to:
HONOLULU. HAWAII 96801 /WB
f Y 1~/ 32&N C!
Honalo Plaza E>yndo-PS 291
November 17, 2009 c
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Mr. Peter JK Dahlberg, PE " c.Z'~-"
Peter JK Dahlberg, PE, LLC
74-4920 Kiwi Street
Kailua-Kona, Hawaii 96740-9669
Dear Mr. Dahlberg, PE:
Subject: Variance Application No. WW 320 Docket No. 09-VWW-23 ID#299
Application for Variance - Primarily Concerning Large Capacity Cesspools
The 24 Unit Residential Condominium Consisting of Three (3) Separate Parcels
each approximately 9,000 sf (total of 26,754 sf) Currently employs Three (3)
Large Capacity Cesspools (LCCs),(Each LCC serves 8 units) at
location Honalo Plaza Condominium AOAO at 79-7261 Nahenahe Loop,
Kealakekua, Hawaii 96750 TMK (3) 7-9-014: 016, 017, 018
The Department has reviewed your application for a variance from Chapter 11-62, Hawaii
Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and
Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required.
Enclosed is a copy of the required public notice. Please read the public notice and contact the
Department of Health Wastewater Branch if any discrepancies or corrections are required. If the
public notice is satisfactory, the public notice is required to be published in the Honolulu Star-
Bulletin and West Hawaii Today one (1) time only. Please contact the following agencies for
assistance in the publishing of the public notice (names and emails may have changed - this is
only basic information on file). Also, if an a-copy of the Public Notice is requested by the
newspaper agency, please email lori.morikami@doh.hawaii.gov and she will email a printable
version of the public notice to you.
Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500,
Honolulu, Hawaii 96813 Contact Lisa at phone (808) 529-4344 or
Rose at (808) 529-4825, fax (808) 529-4829, email lisa@starbulletin.com
West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745,
phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.com
Failure to have this notice published within three (3) weeks of receipt of this letter, may result in
a greater delay of the final decision of this application for variance. All publication costs are the
responsibility of the applicant. Once published, you must submit the original certified affidavits of
ccfar'L e jt - (0 A
Ccaf. To:
Ref. Date
Mr. Peter JK Dahlberg, PE
November 17, 2009
Page 2
the publication from both newspaper agencies to the Wastewater Branch at 919 Ala Moana
Blvd. Room 309, Honolulu, Hawaii 96814-4920 within fifteen (15) days after the publication
date. You may make a copy for your records. Please be advised that, pursuant to Chapter
342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be
required to publish a notice of public hearing.
Please find enclosed a receipt for your variance application for the amount of $300.00. If you
have any questions regarding the public notification procedure or the processing of your
variance application, please call the Planning & Design Section of the Wastewater Branch at our
direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300.
Sincerely,
WHMAZE. ARI UMI, P.E., C
Environmental Management Division
Enclosures: Receipt No. 26545
Public Notice
_c: Applicant - Triad-Management
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
./Hawaii County Council
'•J~ it
W
WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 320
DOCKET NO. 09 - VWW - 23
Pursuant to H.R.S. Section 342D-7(i), Hawaii Revised Statutes, the State Department of Health
(DOH) seeks written comments from interested persons regarding the following. Triad Management,
P.O. Box 4466, Kailua-Kona, Hawaii 96745 has applied for a variance for the maximum of five (5) years
as stated in the variance application from 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)(1)(A) "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. There
shall be 10,000 square feet of land area for each individual wastewater system."
Mr. Peter JK Dahlberg, PE, Peter JK Dahlberg, PE, LLC, 74-4920 Kiwi Street, Kailua-Kona, Hawaii
96740-9669, is the individual authorized to act for the applicant. The applicant has stated that the subject
property (24 unit residential condominium) consists of three (3) separate parcels (016, 017, and 018) each
approximately 9,000 square feet, for a total of 26,754 square feet which currently employs three (3) large
capacity cesspools (LCCs) where each LCC serves eight (8) units. The design wastewater flow is 1,600
gpd to each LCC. The property is called Honalo Plaza Condominium AOAO located at 79-7261
Nahenahe Loop, Kealakekua, Hawaii 96750, TMK (3) 7-9-014: 016, 017, 018.-
The applicant has made the following comments.
1 The area of the lot is 8,781 square feet. This is insufficient to meet the minimum land area
requirements for IWS utilization which is one IWS per 10,000 square feet of lot area.
2 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.
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 facility has been in operation for 40 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.
6. 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.
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.
4.
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 owner of the facility simply cannot afford to build and operate wastewater systems
meeting all the requirements of HAIR Chapter 11-62 such as small aerobic wastewater
treatment plants.
10. The existing location of the facility is severely restrictive. There is simply no space to
construct a wastewater treatment plant.
11. The variance is requested for the maximum of five (5) years.
12. 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: 79-7261 Nahenahe Loop, Kealakekua, Hawaii 96750. Owner: Honalo
Plaza AOAO. Island: Hawaii. TMK (3) 7-9-014: 06, 017, 018. Lot Size: 26,754 square
feet. Action related to disposal is: reuse cesspool, reuse cesspool as seepage pit.
Describe the disposal structure: Seepage Pit: Existing: How many: 3, approx. 1420' grd.
elev (g) ft, Diameter (d) ft 6', Depth (h) ft 20', Depth to Standing Water from Surface if
present: 2'. Wastewater type: domestic, residential. Facility's wastewater flow in gallons
per day: existing design 1,600 gpd, future design 1,600 gpd.
If you would like to review the complete application, please call or write to the Wastewater Branch,
919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294
and/or fax (808) 586-4300 to obtain a facsimile. DOH will consider all written comments received within
thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after
receipt of separate related documents and written comment, if any.
Chiyome Leinaala Fukino, M.D.
Director of Health
i
State of Hawaii Wastewater Branch
Department of Health Application No. WW
Environmental Management Division Docket No. - VWW - 2
tp z q
APPLICATION FOR VARIANCE - Primarily Concemin Larne Capacity Cesspools
Wastewater Systems
In accordance with Chapter 342 D Hawaii Revised Statues as of December 9, 2004
Submit ONE (1) original with filing fee of $300.00 payable to State of Hawaii to:
Hawaii State Department of Health
Wastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920
Ph (808) 586-4294 Fax (808) 586-4300
Attachments are allowed. For copying purposes, 8 1/4" x 11" format is preferred.
I. GENERAL INFORMATION (please print or type):
A. Name: HONALO PLAZA CONDOMINIUM AOAO
(Corporation, company, agency, firm, etc. seeking variance)
Contact person: C/O TRIAD MANAGEMENT
Mailing address: POB 4466
Kaiiua-Kona HI 96745
(City) (Island) (Zip Code)
Nature of Business: Check applicable category. EPA makes the final determination
of a Large Capacity Cesspool (LCC).
[ j Non-Residential LCC
[ ] Retail Business
[ ] Visitor Center
[ ] Church
[ ] School
[ ) Golf course clubhouse / restroom
[ ] Restaurant / food establishment
[ ] Other, please specify:
[XI Residential LCC
[ X] Multiple dwelling
[ ] Community system
[ ] Regional system
[ ] Other, please specify:
P:IwwblApplicaWn for LCC Variance April 2008.doc as of April a. 2008. Page 1 of 6
Provide location of existing cesspool(s):
Tax Map Key No. ,(3) 7 - 9 - 014 016
1=Oahu 2=Maui 3=Big Island 4=Kauai
79-7261 Nahenahe Loop
(Number) (Street)
Kealakekua HI 96750
(City) (Island) (Zip Code)
B. Individual authorized to act for applicant:
Name: Peter JK Dahlberg
Title: Civil Engineer
Company: Peter JK Dahlberg, PE, LLC
Address: 74-4920 Kiwi Street
Kailua-Kona HI 96740-9669
(City) (island) (Zip Code)
Phone No.: (808) 895-61,73 - - -Fax No.: (808) 331-2071
Email Address: -pdahlber_q@hawaii.rr.com
C. Identify the specific section(s) of Chapter 11-62 for which the variance is requested.
Check applicable sections:
[)q Section 11-62-03 Definitions state -Individual wastewater system means a
facility which is used and designed to receive and dispose of no more than
one thousand gallons per day of domestic wastewater. Each individual
wastewater system includes all connected plumbing, treatment (if any), and
disposal components that could, if not connected, serve as separate
wastewater systems.-
[)q Section 11-62-31.1(x) (1) (A) -Developments involving dwellings. There
shall be 10,000 square feet of land area for each individual wastewater
system."
r
[ ) Section 11-62-31.1(a)(1)(C) Developments involving dwellings. Area of the
lot shall not be less than 10,000 square filet except for lots created and
recorded before August 30, 1991. For lots less than 10, 000 square feet which
were created and recorded before August 30, 1991, only one individual
wastewater system shall be allowed.
[ ] 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 buildings.'
P:lwwb%Appkeflon for LCC Variance Apra 2008.doc as of April 8, 2008. Page 2 of 6
[ ] Section 11-62-31.1(a)(2)(B) `Developments involving buildings other than
dwellings. The total wastewater How of the development shall not exceed
15, 000 gallons per day.
[ j Section 11-62-3 1. 1(a)(2)(C) "Developments involving buildings other than
dwellings: Area of the lot shall not be less than 10, 000 square feet except for
lots created and recorded before August 30, 1991. For lots less than 10, 000
square feet which were created and recorded before August 30, 1991, only
one individual wastewater system shall be allowed.
If. SPECIFIC INFORMATION,
A. Describe existing facility conditions in detail, in relation to the requested variance.
(Example: Requested ,Variance for HAR Section 11-62-31.1 (a)(2)(C): The total area
of the subject lot is 8,500 square feet. The lot has 2 buildings on it copsisting of a
restaurant and a physical therapy office which are served by a cesspool. The
estimated wastewater flow is 2,000 gpd.)
Requested Variance for HAR Section 11-62-03 Definitions, and 11-62-
31.1 (a)(1)(A): The subject property (24 unit Residential Condominium)
consists of three separate parcels (016, 017, 018) each approximately
9,000 Sq Ft, for a total of 26,754 Sq Ft, which currently employs 3 Large
Capacity Cesspools (LCC; each LCC serves 8 units). The design
wastewater flow is 1,600 gpd (to each LCC).
B. Describe how the present or proposed conditions fail to conform to the environmental
rules of the State. Check applicable category and provide missing information.
[X] The area of the lot is 8,781 square feet. This is insufficient to meet
the minimum land area requirement for IWS utilization which is one IWS per
10,000 square feet of lot area.
[X] 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.
P:twwb%Appftabon for LCC Vadarme April 2008.doc as of April 8, 2008.
Page 3 of 6
[ 1 Other, please specify:
C. Describe in detail why the present or proposed equipment and/or operating conditions
cannot be altered to bring such facility into compliance with the environmental rules of
the State within a reasonable amount of time. Check all applicable reasons.
[X] The existing large capacity cesspool(s) must be closed and replaced with a
new treatment individual wastewater system by April 5, 2005 in order to
comply with federal requirements.
[ X] The current State requirement of a wastewater treatment plant would
significantly add to the construction and ongoing maintenance costs.
[)Q The facility has been in operation fore years in this location using the
existing cesspool. The installation of a wastewater treatment plant in lieu of a
septic system will not be possible due to space restricdons and may force the
owner to abandon the business operation.
[ I Other, please specify:
D. Check applicable reasons listed below and/or supply supporting information
(Attachments D-1, D-2 & D-3) to dearly show that:
(1) The granting of the variance is in the public interest as defined in the Hawaii
Revised Statutes, Section 342.D-6(c).
[X] The applicant believes this variance request is in the public interest
because the LCC will be upgraded to an IM (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.
Therelbre, impact to the environment will be minimized.
[ ] Prevent loss of jobs. The LCC serving my facility has been In
operation for years. The current State requirements of a
wastewater treatment plant would significantly add to the construction
and ongoing maintenance costs. I (owner) may be forced to close my
existing business and lay off my employees.
P.- wwmAppitatlon for LCC Vedance AprN 2008.doe as of AprN s. 2008. Page 4 of 6
4
(2) The granting of the variance will not substantially endanger human health or
safety.
[)d 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 system.
J )Q The proposed treatment individual wastewater systems will provide
greater protection than the large capacity cesspools. The proposed
IWS is an improvement over the existing cesspool in terms of
wastewater treatment. The septic tank will provide pretreatment and
sludge removal prior to effluent disposal.
[ ] Other, please specify:
(3) Compliance with the rules or standards from which the variance is sought would
produce serious hardship without equal or greater benefit to the public.
[ ] The residents of are economically
depressed.
[X] The owner of the facility cannot afford to build and operate wastewater
systems (such as small aerobic wastewater treatment plants) to meet all the
requirements of HAIR Chapter 11-62.
[XI The existing location of the facility is severely restrictive, and there is
insufficient space to construct a wastewater treatment plant.
E. Specify the amount of time requested for the variance and the reasons for such a time
period. Note that the Director cannot issue a variance for a period exceeding five years (if
additional space is required, please include the information on a separate attachment and
label "Attachment E-1'). Check applicable amount of time requested.
[X ] 5 years [ ] 4 years [ ] 3 years
[ ] 2 years [ ] 1 year
F. Submit any additional information which will support this application for a variance (i.e.,
statements, plans, area maps, histories, etc ) Label "Attachment F-1."
P lwwbAppiicabon for LCC Variance Apr112008.doc as of AprN 8, 2068. Page 5 of 6
Ill. CERTIFICATION:
(Print Name) (Print Tale)
certify that I have knowledge of the facts herein set forth and that the same are true and correct to
the best of my knowledge and belief.
Signature: Date: !6
DO NOT WRITE BELOW - FOR AGENCY USE ONLY
IV. Date Application received: I z - 200
V. Application No.: 1 V VV 1162 ( 2-9
V
VI. Docket No.: 09- V w
VII. Received by: V -M
Vlll. Filing fee ($300.00) check date: v ' ~L1- UU l~ " i Check S ENO
IX. Department of Health Receipt # 4 VJ .J
X. Decision on Application (including date):
XI. Date of Public Hearing:
P-%wwtAAppkdon for LCC Variance April 2008.doe as of April 8, 2008. Page a of e
For Mee Use
INFORMATION FOR VARIANCE EVALUATION BY UIC PROGRAM `p # WW.
Underground Injection Control (UIC) Program, Safe Drinking Water Branch ? above ? below UIC line
Department of Health, State of Hawaii
919 Ala Moana Blvd., #308, Honolulu, HI 96814
Tel. No. 808-586-4258, Fax: 808-586-4351
Attention: This information will be used to determine your project's applicability to UIC requitemma and the authorization to
abandon or operate the effluent disposal system. Answer all parts accurately and completely. Inaccurate or incomplete answers
may result in processing delays.
Facility address: 79-7261 Nahenahe Loop owner : HnnalQ Plaza AOAO
Island. Hawaii TMK No.. (3) 7 - 9 - 014: 016 Lot size: 26,754 sq. ft.
Action related to disposal (check all applicable): ? abandon cesspool IA reuse cesspool ? build new cesspool
EX reuse cesspool as seepage pit ? build new seepage pit n reuse leachfield ? build new leachfield ? reuse injection well
? build new injection well ? other:
Describe the disposal structure: ? leachfield -ft. x ft. X ft deep
OR
g 01 existing: ? new:
T d how many: 3
grd. elev. (g) ft. 1420'
? cesspool
h A seepage pit, or diameter (d) R 6'
? injection well 20'
depth (b) ft.
depth to standing water 2'
from surface if present:
Wastewater type (check all applicable): 0 domestic IX residential ? non-residential ? runoff ? industrial
? aquaculture ? commercial products processing ? food processing ? animal-related ? swimming pool/tubs
? condensate ? aesthetics ? healthcare-related ? floor drains ? other.
Facility's wastewater flow in gallabs per day: Average Maximum
Existing design: 1600 Future design: 1600 Actual (measured or metered): XXX XXX
Person providing this information:
? is the owner. i,$ is representing the owner.
Peter JK Dahlberg Signed:
Printed name:
Title: Civil Engineer company: Peter JK Dahlberg, PE, LLC
Address: 74-4920 Kiwi Street, Kailua-Kona, HI 96740-9669
Date: ~JJ)V t U0 q phone: (808) 895-6173 Fax: (808) 331-2071
(0408)
Transmittal Date: Sus ense Date: elu
Wastewater Bran ph V lance Application Doc et No. -VWW- APP No. WW
Name/Title: o M4
Subject: Cover Letter Pub It- Notice and Variance Application LCC
ROUTE TO:
Applicant: trl .
•
Agent:
Director of Health - hiyome 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 Wong - Please return this sheet ONLY. File or discard document.
Environmental Planning Office -
Safe Drinking Water Branch - Stuart Yamada - Please return this sheet with comments. •
Sanitation Branch - Commercial Properties Only
Wastewater Branch Staff Personnel
[ ] Hilo - Jerry Nunogawa (TMKs 1, 2, 3, 4)
r -+Kona - Dane Hiromasa (TMKs 5, 6, 7, 8, 9)
[ ] Kauai - Lori Vetter
[ J Maui - Roland Tejano
Oahu - Johnny On C-
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 Department of Water - Edward Tschu
Maui DHO - Patti Kitkowski, Acting District Environmental Health Program Chief
[ I Kauai DHO - Gerald Takamura, District Environmental Health Program Chief
r>Q Hilo DHO - Newton Inouye, Actin District Environmental Health Program Chief
City & County of Honolulu Department of Planning & Permitting Floor
County of Council / [ ] Honolulu City & County Council
Oahu Neighborhood Board #
ACTION REQUESTED:
Regarding the Cover Letter, Public Notice & Variance Application, please check one box:
[ ] Recommend to GRANT this variance application.
[ ] Have no objection to the GRANTING of this variance application.
[ ] Recommend to DENY this variance application.
[ ] See attached comments.
Reviewed by Title
Contact Phone # Fax #
Please return this ROUTE SLIP. You may add a separate sheet of comments to this.
Return this to: Department of Health - Wastewater Branch, 919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300
Recd by WWB my documents\c temp\wwb - 2009 variance route slip - CL PN App.doc 09/29/2009