PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 263
DOCKET NO. 07 – VWW – 21
Pursuant to H.R.S. §342-D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Aaron Ikeda of Kealakeua, Hawaii, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states 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 systems and cesspools. Each individual wastewater system shall be and independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system., Section 11-62-31.1(a)(2)(A) which states that Developments involving buildings other than dwellings. The wastewater flow generated shall not exceed 1000 gallons per day per 10, 000 square feet of usable land area which shall not include the area under building., Section 11-62-31.1(a)(2)(B) which states Developments involving buildings other than dwellings. Area of the lot shall not be less than 10, 000 square feet which were created and recorded before the effective date of this rule, only one individual wastewater system shall be allowed. and sections 11-62-32 which states No individual wastewater system shall be located at any point having less than the minimum distances indicated in Table II attached to this chapter in Appendix F, entitled Tables, dated April 15, 1999 and located at the end of this chapter unless otherwise approved by the director.
Mr. Theodore Baldau, VP of RT Engineers of Kailua-Kona, Hawaii, is the individual authorized to act for the applicant. The applicant has stated the requested variance is for the following sections of Chapter 11-62:
n Section 11062-03 Definitions-The facility is a commercial development located on two adjacent parcels of land, TMK: (3) 7-9-007: 065 & 066 located on the makai side of Mamalahoa Highway in Kainaliu. Both parcels are owned by the applicant. A restaurant, Sandys Drive Inn, with an attached video arcade and retail stores are located on Parcel 65 and a coin operated laundry, KC Washerette, is located on Parcel 66. Three (3) individual wastewater systems (IWSs) are proposed to serve the facility. Wastewater from the restrooms of the restaurants and retail spaces will be directed into one system with a projected flow of approximately 1200 gallons per day. Wastewater from the laundrys restrooms will be directed into one system with a projected flow of 500 gallons per day and kitchen wastewater from the restaurant and gray water from the laundry will be combined into a third system with a projected flow of 15,500 gallons per day. The combined projected flow for the facility is 17,200 gallons per day. The daily wastewater flow into the restaurant and retail space restroom system and the wastewater flow from the laundry gray water and kitchen wastewater both exceed the 1000 gallons per day per system allowed by this section. The combination of the kitchen wastewater from the restaurant located on Parcel 65 and the gray water from the laundry located on Parcel 66 constitutes a combination of wastewater treatment and disposal components which is also not allowed by this section.
n Section 11-62-31.1(a)(2)(A)-Parcel 65 has a total land area of 16, 818 square feet and Parcel 66 has a total land area of 7, 505 square feet giving a combined total of 24, 323 square feet. Total combined area under building footprint (both) parcels is approximately 6, 300 square feet yield 18, 023 square feet of usable land exceeds the 1000 gallons per 10, 000 square feet of usable land allowed by this section.
n Section 11-62-31.1(a)(2)(B)-The daily wastewater flow from the laundry and kitchen wastewater, 15, 500 gallons per day, exceeds the 15, 000 gallons per day allowed by this section.
n Section 11-62-31.1(a)(2)(C)-The coin operated laundry is located on parcel 66 which is 7,505 square feet in area. Two systems are proposed for this structure which is not allowed by this section.
n Section 11-62-32-The building pad and parking areas of Parcels 65 and 66 were created by import fill material at the time of Mamalahoa Highway construction. These areas are elevated from the surrounding natural grade by approximately 5 feet immediately makai of the highway right of way and by approximately 20 feet at the top of slope on the makai side of the parcels. This fill material is unsuitable for the installation of many IWS system components. It is intended to install the majority of the system components a short setback distance from the toe of the fill slope on the adjacent 2.6 acre parcel, Parcel 30, located to the west (makai) and south of Parcels 65 and 66. Parcel 30 is also owned by the applicant. Parcel 30 and this easement will be recorded on the property deed with the Bureau of Conveyances. The system components installed on Parcel 30 will not conform to the minimum setback distances contained within Table 2, Appendix F as reference by this section.
The coin operated laundry is located at 79-7432 Mamalahoa Highway and 79-7436 Mamalahoa Highway, Kainaliu, Hawaii 96750, TMK: (3) 7-9-007: 065 & 066.
1. The usable area of the combined lots is 18, 023 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 usable 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 combined flow into the system would be 17, 200 gallons per day.
3. Two individual wastewater systems (IWSs) will treat and dispose of over 1000 gallons per day of wastewater. System components will be shared. System components will not meet minimum setback requirements.
4. 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.
5. 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.
6. 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 restriction and may force the owner to abandon the business operation.
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 minimizes impact to the environment.
8. Prevent loss of jobs. The LCC serving my facility has been in operation for 40 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.
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 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.
A Plot map has been attached to this application for variance but can not be shown here. 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 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.
Chiyome Leinaala Fukino, M.D.
Director of Health (SB03512766 10/27/07)
Notice #: 03512766