More government information at

Notice #: 05521182
Public Hearings

DOCKET NO. 05 – V W W – 45

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. Smith-Waterhouse Family of Koloa, LLC c/o Devland Management Incorporated, P.O. Box 61010, Honolulu, Oahu, Hawaii 96839 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 Section 11-62-31.1(a)(2)(A) which states “Developments involving buildings other than dwellings. The wastewater flow generated 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.” The property is located at 3486 Poipu Street, Koloa, Kauai, Hawaii, and is identified as TMK (4) 2-8-001: 012.
Mr. Roy Toguchi, Senior Property Manager, PM Realty Group is the individual authorized to act for the applicant. The applicant states that the requested variance from HAR, Section 11-62-03 (Definitions) stating the average daily wastewater flow, based on water use records is 830 gpd; however, the flow is variable and can reach over 1,000 gpd. Design calculations for the replacement system, based on HAR, Section 11-62-03, are such that the replacement septic system is designed to handle flow of 3160 gpd. Requested variance is for HAR, Section 11-62-31.1(a)(2)(A), stating that area of the subject lot excluding the area under the buildings is approximately 21,310 square feet. The design flow for the replacement septic system is 3,160 gpd. The lot has one service station with two fuel dispenser islands, and the station began operation in 1968.
The applicant has made the following comments.
A. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the average daily wastewater flow is 830 gpd; however, the flow is variable and can reach over 1,000 gpd. The system is designed with the capability to handle 800-3,160 gpd. The average flow is 830 gpd; however, based on regulatory design requirements, the design flow is extremely high for the actual conditions at this site.
B. 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.
C. The facility has been in operation for 37 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.
D. 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.
E. Prevent loss of jobs. The LCC serving my facility has been in operation for 37 years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to close my existing business and lay off my employees.
F. 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.
G. 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.
H. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant.
I. 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 public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any.

Director of Health (SB05521182 2/3/06)