More government information at

Notice #: 03513832
Public Notices

DOCKET NO. 07 – V W W – 25

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. William Cory Foulk of Kailua-Kona, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 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.”, and from Section 11-62-31.1 (a)(1)(D) which states “The total wastewater flow into each individual flow into each individual wastewater system shall not exceed 1,000 gallons per day.”
Mr. Peter Dahlberg, P.E., of Peter J.K. Dahlberg, P.E, LLC, of Hawaii is the individual authorized to act for the applicant. The applicant hass requested the variance from HAR Section 11-62-31.1(a)(1)(D), as the design flow into the proposed individual wastewater system (IWS) exceeds 1000 gpd. The new wastewater system will serve a multiple dwelling consisting of a total of eight (8) bedrooms (4 upper and 4 lower). Estimated design flow is 1600 gpd. The proposed treatment unit is 2000 gallon septic tank, with a new seepage pit for effluent disposal. The exisiting cesspool is to be abandoned as part of the construction of the new wastewater system. The location of the multiple dwelling is 75-156 Lunapule Road, Kailua-Kona, Hawaii and further identified as TMK: (3) 7-5-018:046. The property is 11,376 square feet in size.
The applicant has made the following comments.
1. The area of the lot is 11,376 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 large capacity 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 1600 gallons per day.
3. A new 2000 gallon septic tank with effluent filter and a new seepage pit is proposed. The existing cesspool is to be abandoned in place. Feasible location to accommodate existing waste lines would place system (tank and seepage pit) in side setback (neighboring property makai).
4. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 to comply with federal requirements.
5. The current State requirement of a wastewater treatment plant would significantly add to the construction cost as wall as require a much greater outgoing maintenance cost.
6. A new 2000 gallon septic tank with effluent filter is proposed with new seepage pit has been recommended as the most feasible solution, given the small property size, and location of existing structure and property lines.
7. The applicant believes this variance request is in the public interest because the LCC will be upgraded 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.
8. The existing Lcc will be upgraded to an IWS (septic system). The IWS 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.
9. 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.
10 .The owner fo the facility simply cannot afford to build and operalte wastewater systems meeting all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plans.
11. The variance is requested for the maximum of five (5) years.

A plot map was submitted with the variance application, but cannot be shown in this notice. 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. 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 documents, written comments and the public hearing, if any.

Chiyome Leinaala. Fukino, M.D.
Director of Health (SB003513832 1/12/08)