PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 237
DOCKET NO. 06-VWW-26
Pursuant to Section 342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Glenn Okada, DAGS, Hawaii District Office, 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)(D) which states The total wastewater flow into each individual waste- water system shall not exceed 1,000 gallons per day.
Mr. Ronald Layaoen, Okahara & Associates, Hilo, Hawaii is the individual authorized to act for the applicant. The applicant has requested this variance from HAR 11-62-31.1(a)(2)(D) stating the current cesspool serves both the State Office Building and the North Kohala District Court. The estimated maximum daily wastewater flow from both the State Office and District Court Buildings into the proposed septic system will be 1,875 gpd. There is insufficient suitable open area into which a separate IWS can be constructed for each building, so the flows from each building will be combined and treated via a single septic system that will exceed the 1,000 gpd flow limit. The project is located at 54-3900 Akoni-Puli Highway, Kapaau, Hawaii and identified as TMK: (3) 5-4-005: 001.
The applicant has made the following comments:
1. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 1,875 gallons per day.
2. 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.
3. The facility has been in operation for 33 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.
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 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.
7. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant.
8. The North Kohala State Office Building and District Court are located in the town of Kapaau, located on the Northern portion of the island of Hawaii. After consultation with the County of Hawaii, Department of Environmental Management during the projects preliminary design stage, it was determined that the County of Hawaii has no immediate or future plans for the installation of a County sewer system in the Kapaau area or within the vicinity of the project site. Thus, the proposed septic system will be in service for longer than the maximum of five (5) years under which the requested variance would be in effect for. It is requested that a variance be issued for five (5) years with automatic renewal for the life of the facilities.
9. The variance is requested for the maximum of five (5) years.
Design Criteria and plot plans were attached to the variance application, 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.
CHIYOME L. FUKINO, M.D.
Director of Health (SB05526149 12/2/06)