WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 219
DOCKET NO. 06 – V W W – 08

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. Thomas Rosati, of West Palm Beach, Florida, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), 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.”
Mr. Peter Waldau, Wastewater Consultant, is the individual authorized to act for the applicant. The applicant is proposing two (2) individual wastewater systems (IWS). One (1) IWS would serve a 3-Bedroom and a 2-Bedroom residence with an estimated flow of 1000 gpd. The second IWS would serve a 3-Bedroom residence with an estimated flow of 600 gpd. The property is located at 5293 Kawaihau Street, Kapaa, Kauai and identified as TMK: (4) 4-6-023: 020. The size of the property is 14,791 square feet.
The applicant has made the following comments.
a. The area of the lot is 14,791 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.
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 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.
d. 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.
e. 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 30-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.

CHIYOME LEINAALA FUKINO, M.D.
Director of Health (SB05523419 6/15/05)