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Notice #: 05525366
Public Notices

DOCKET NO. 06 – V W W – 19

Pursuant to H.R.S. §342-D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Leo Lemelin, in care of Clark Realty, Kailua-Kona, Hawaii, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), 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.”
Mr. Theodore Baldau of RT Engineers, Inc., Kailua- Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting to use an individual wastewater system (IWS) such as a septic tank system to replace an existing large capacity cesspool serving a restaurant/food establishment & office located at 76-6400 Nalani Street, Kailua-Kona, Hawaii, and identified as TMK: (3) 7-7-009: 020. The total area of the subject lot is 9,914 square feet. The lot has a single building on it with a footprint of approximately 2670 square feet. This leaves a net area of usable land of 7,248 square feet. The estimated wastewater flow is 1,000 gpd and will exceed 1,000 gpd per 10,000 square feet of usable land.
The applicant has made the following comments.
1. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-31.1(a)(2)(A) because there is less than 10,000 square feet of usable land for an estimated flow of 1,000 gpd.
2. 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.
3. The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost.
4. 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.
5. 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.
6. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspool. 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.
7. 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.
8. The variance is requested for the maximum of five (5) years.
A plot map has been attached to this application for variance but can not 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 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 (SB05525366 10/19/06)