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Notice #: 03510082
Public Notices

DOCKET NO. 06 – V W W – 16

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. Bennett Dorrance Jr. of Touching the Earth, LLC, Hawi, Hawaii, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62\u0010-03 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 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 system.”, Section 11-62-31.1 (a)(2)(A) which shall not exceed 1000 gallons per day per 10,000 square feet of usable land area which shall not include the area under the buildings.” and Section 11-62-31.1(a)(2)(D) which states “The total wastewater flow into each individual wastewater system shall not exceed 1,000 gallons per day.”
Mr. Peter Dahlberg, Civil Engineer of Holualoa, Hawaii, is the authorized individual to act for the applicant. The applicant is requesting the use of an individual wastewater system on a property of 3,597 square feet, with estimated flow of 1,400 gallons per day at The Blue Dolphin Bar & Restaurant (Owners: Touching the Earth, LLC), an existing bar/restaurant at 61-3616 Kawaiahe Road, Kawaiahae, Hawaii, TMK: (3) 9-1-002:064.

The applicant has made the following comments.

1. The area of the lot is 3,597 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 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 1,400 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 in order 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 ongoing maintenance cost.
5. The facility has been in operation for 20+ 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 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 (aerobic 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.
7. The existing LCC will be upgraded to an IWS (aerobic system). The IWS (aerobic system) 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.
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 aerobic tank will provide pretreatment and sludge removal prior to effluent disposal.
9. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant.
10.The variance is requested for the maximum of five (5) years.

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 (SB03510082 9/9/06)