PUBLIC NOTICE OF
VARIANCE APPLICATION NO. W W 221
DOCKET NO. 06 – V W W – 10
Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding Six K Saddle City LLC of Honolulu, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(b)(1) which states: Whenever an individual wastewater system is allowed under subsection (a) the following shall apply: The director may allow an individual wastewater system other than a cesspool to be used for two dwelling units which may or may not be located within the same building provided: (A) Both of the dwelling units are located on the same single family residential lot; and (B) The individual wastewater system used shall meet the current requirements of this chapter.
Mr. James J. Cornick of James Cornick and Associates of Honolulu, Hawaii is the individual authorized to act for the applicant. The applicant is requesting that they be allowed to connect four (4) dwelling units not consisting of more than five (5) bedrooms to a single IWS. The project is located at 41-363 Saddle City Road, Waimanalo, Oahu, and identified as TMK: (1) 4-1-013: 002.
The applicant has made the following comments.
1. Because these are old plantation houses, the houses are clustered together, it is difficult to have enough area to install more than one wastewater system for this cluster of houses. Also, we need to minimize the economical burden to the land owner who is trying to keep this low income rental housing available to those needing this type of rental property and also not to have some of the residence lose there places to live. By leaving the 3 bedroom dwelling unit on the existing cesspool and removing the 4 other dwelling units the existing cesspool with the 3 bedroom will be in compliance with the current LCC rules and regulations. The other 4 dwelling units will have to be discharged into an engineered wastewater system which brings us to the problem. The current Title 11-Chapter 62 regulations only allow 2 dwelling units not consisting of more than 5 bedrooms to be approved for an IWS. We are requesting that the IWS system be allowed to have 4 dwelling units not consisting of more then 5 bedrooms to be allowed on the IWS.
2. There is three structures consisting of 5 dwelling units with a total of 8 bedrooms on 1 cesspool (1) 3 bedroom dwelling (1) 2 bedroom dwelling and (3) 1 bedroom dwellings, therefore are five dwelling units on a single cesspool and they are in violation of the LCC requirements and they have to be converted to an engineered individual wastewater system.
3. Current rules only allow for two (2) dwelling units per individual wastewater system which may or may not be located in the same building. The owner would have to take out two of the existing residential dwellings in order to comply with Title 11-Chapter 62 regulation for Individual Wastewater Systems. This would place two families on the streets.
4. The publics interest will be that by allowing the owners to keep the existing dwelling units, two families that currently live in said units will not be displaced. Having the engineered wastewater system will also have less impact on the ground water and there will be a better quality of watewater being discharged into the environment.
5. The publics health would be safer once the engineered wastewater system is installed and it will be safe for the public due to the fact the wastewater being discharged will be of better quality after leaving the absorption bed and impacting the ground water.
6. If the owners cant keep the existing units in tact, it will bring the property value down and that will impact other property values located in the area. Due to the shortage of housing on Oahu, it will also add to the housing problem along with displacing two existing tenants. Losing the income for said tenants will also cause additional hardship on the owner who now have to pay for the new wastewater system.
7. We are requesting the maximum amount of time that can be covered under this variance since this is a residential dwelling.
If you would like to review the submitted application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 or fax (808)586-4300 to obtain a copy or 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 a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health (SB01532542 07/04/06)