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Notice #: 03511754
Public Notices


Pursuant to Hawaii Revised Statutes (H.R.S) §342D-7(i), the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Chen-Lu Farms in Kahuku, Oahu, has applied for a five (5) variance from Hawaii Administrative Rules (HAR) Section 11-62-06(f) General requirements which states “(f) No holding tank, except for public facilities, and no privy shall be used. No portable toilets shall be used for any permanent structure unless approved by the director”. Mr, Ying Wen Chen, son of the owner, is the individual authorized to act for the applicant. The applicant is requesting that he be allowed to continue using a holding tank for their shrimp trunk’s wash water. The truck is located nest to a 7-11 convenience store at 66-632 Kamehameha Highway, Haleiwa Town, Haleiwa, Oahu. The property is further identified as TMK (1) 6-2-007:015. The applicant is doing buisness as Macky’s Kahuku Shrimp.
The applicant has made the following comments.
1. The exisiting holding tank which serves Macky’s Kahuku Shrimp truck does not comply with the HAT Section 11-62-06 (f) because the tank is not for public facilities and serves as a temporary disposal of wash water from the truck.
2. There currently is no piping or disposal of wash water from the trunk.
3. The facility has been in operation for years in this location using the existing holding tank. Other businesses seem to be using similar disposal methods. The installation of an individual wastewater system in lieu of the holding tank will not be possible due to “lease” agreement and may force the owner to abandon the business operation.
4. The applicant believes this variance request is in the public interest because there is no discharge of pollution onto the ground and the owner is protecting the environment.
5. The current State requirements of a treatment waterwater system would significantly add to the fee of leasing the land and disposal fee and may force the owner to close his existing business and lay off employees. It would cause financial hardship on the lunch wagon business.
6. The owner has a daily pumping contract to dispose of collected waste from the holding tank which has been attached.
7. The variance is requested for the maximum of five (5) years.
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 warrented, DOH may hold a public hearing on the variance application, after a separate related document, written comments and the public hearing, if any.

Chiyome Leinaala Fukino. M.D.
Dirctor of Health (SB03511754 7/24/07)