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Notice #: 03513484
Public Notices





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. Bill & Jaime Mosely of Garden Gate Vacation Rental have applied for a five (5) years variance from Hawaii Administrative Rules (HAR) from Section 11-62-31.1(a)(1)(A) which states “For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system.”
Bill & Jaime Mosely state that the request Variance if for HAR Section 11-62-31.1(a)(1)(A) as the total area of the subject lot is 10,150 square feet. The estimated wastewater flow from the facility is 1,800 gpd. Two individual wastewater systems (aerobic treatment units capable of treating 1,000 gpd each) are proposed to replace the existing cesspool. The Garden Gate Bed and Breakfast is located at 67 Kaniau Road, Lahaina, Maui, TMK: (2) 4-5-027: 057.
The applicant has made the following comments.
1. The area of the lot is 10,150 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 current State requirement of a wastewater treatment plant would significantly add to the
construction cost as well as require a much
greater outgoing maintenance cost.
3. The facility has been in operation for 15 years in this location using the existing cesspool. The
installation of a wastewater treatment plant is lieu of a septic system will not be possible due to space restrictions and may force the owner to abandon the business operation.
4. The applicant believes this variance request is in the public interest because the LCC will be up graded to an IWS (septic 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.
5. 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 septic tank will
provide pretreatment and sludge removal prior to effluent disposal.
6. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plants.
7. The variance is requested for the maximum of five (5) years.
A plot map has been attached to this application for variance but cannot 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 fac simile. 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 separate related documents, written comments and the public hearing, if any.
Chiyome Leinaala Fukino, M.D.
Director of Health (SB03513484 12/19/07)