More government information at

Notice #: 03509526
Public Notices

DOCKET NO. 06 – V W W – 07

Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following, Mr. Stephen C. Holmes (Owner) of 78-6701 Alii Drive, Kailua-Kona, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(a) (I) (D) & (b)(I)(2)(C) which states that only two (2) dwelling units can be served by a single individual wastewater system (IWS).

Mr. Stephen J. Herbert is the individual authorized to act for the applicant. The applicant is requesting that he be allowed to continue to use a single IWS which serves a building with three (3) dwelling units located at the above stated address, and identified as TMK: (3) 7-8-014: 041.

The applicant has made the following comments.

1. Following his wife’s illness and inability to use stairs, the Owner elected to convert the ground floor storage area into an efficiency apartment that met handicap standards. this conversion created a third dwelling in the building that is served by a
single IWS. The total number of bedrooms in this building is five so the total flow is within Chapter 11-62-31 limits.

2. The three dwelling units that flow into one IWS does not appear to conform with Chapter 11-62- 31.1 that implies that only two units can be served by a single IWS.

3. When the third phase of the municipal sewer line is installed in Alii Drive, the Owner will be obligated to connect the wastewater from the building to the new line and the non compliance situation will be avoided. The County and the Kamehameha
Investment Corporation has a plan in place and it is their intent to install extension within the next five years.

4. The granting of the variance is in the public interest in as much as the public will not be affected in
anyway. No pollution limits are exceeded based on minimum land size or total number of bedrooms
allowed for one individual wastewater system.

5. The purpose of the change in the structure was to create a handicap complying apartment to
accommodate the failing health of the applicant’s wife.

6. Currently the owner’s wife is enduring serious
hardship when using the stairs to the second floor apartment, as opposed to use the use of the first floor unit. However, there is no equal or greater
benefit to the public.

7. The variance has been requested for the maximum of five (5) years.

A letter from the Department of Health’s Wastewater Branch date April 14, 2005 and plot plans were attached to the variance application but can not be shown here. If you would like to review the full 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 written comments and the public hearing, if any.

Director of Health (SB03509526 6/14/06)