WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 240
DOCKET NO. 06-WW-29

Pursuant to section 342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. David Pico of David Pico Cesspool Digging, Wailuku, Maui, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR) from Section 11-62-33.1(a)(2) and (3) which states “(2) Septic tanks shall meet the International Association of Plumbing and Mechanical Officials (IAPMO) material and property standards for prefabricated septic tanks, IAPMO PS1-93. Septic Tanks shall be approved and listed by IAPMO” and “(3) Septic tanks which currently meet the requirements of the Ten States Standards and are being distributed in the State shall comply with paragraph (2) within two years after the effective date of this rule.” The property the variance is requested for is located at Central Maui Baseyard, Puunene, Maui, TMK: (2) 3-8-008:007.
The applicant has made the following comments.
1. The applicant is one of the primary fabricators and installers of concrete septic tanks and systems on Maui operating out of Central Maui Baseyard in Puunene, off Mokulele Highway at TMK: (2) 3-8-008:007.
2. The applicant’s State of Hawaii approved concrete septic tanks have been fabricated here on Maui for at least fifteen years. The State’s adoption of the new administrative rule will place this enterprise in jeopardy.
3. The applicant’s septic tanks have been in State of Hawaii approved production of fifteen years. The State’s adoption of the new rule will place this operation in violation as of December 9, 2006. To comply with the new rule is an unreasonable added expense for all.
4. The Island of Maui is facing an affordable housing crisis. The new rule adds a considerable cost to housing and business development with no explicit substantial benefit to justify the added cost.
5. The standard in practice have not shown any evidence of failure or threat of failure that may lead to substantial endangering human health or safety.
6. Operations in existence producing septic tanks and systems under the current standards would suffer substantial financial hardships to comply with the new standards, as will the general public due to the added costs of building homes and business plants. There appears to be no substantial increase in benefit to justify this new standard.
7. The application is requesting a variance from the newly adopted rules for the maximum period of five (5) years in hopes that the Administrative Rules in question will be abandoned.
Various written documents supporting the variance were 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, after a separate related documents, written comments and the public hearing, if any.

CHIYOME LEINAALA FUKINO, M.D.
Director of Health (SB03510518 12/6/2006)