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Notice #: 05526223
Public Notices


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. Tom Hoeffken, President/Owner of Tom’s Backhoe & Excavation Co., Inc., Kula, Maui, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-33.1(a)(2) and (3) 11-62-3301 Specific requirements for new and proposed treatment units. (a) Septic Tank. (2) Septic tanks shall meet the International Association of Plumbing and Mechanical Officials (IAPMO) material and property standards for prefabricated septic tanks, IAPMO PS1-93. Septic Tanks shall be approved and listed by IAPMO. (3) Septic tanks which currently meet the requirements of the Ten States Standards and are being distributed in the State shall comply with paragraph (2) within two years after the effective date of this rule (December 9, 2004).
The applicant has made the following comments,
1. The applicant is one of the primary installers of septic systems on the Island of Maui operating out of A&B Properties, TMK: (2) 3-8-007: 101 in Waikapu where the applicant fabricates concrete septic tanks.
2. The applicant’s septic tanks have been in production with the State of Hawaii’s approval for over fifteen years. With the State’s adoption of the above stated Administrative Rule, the current production and installation of septic tanks and systems will be in violation as of December 9, 2006.
3. The applicant’s production of septic tanks and the installation of systems will incur an unreasonably high increase in cost that will be passed on to the customers; driving the cost of housing even higher. The new requirement is unreasonable and not in the best interest of Hawaii residents.
4. The State of Hawaii and more specifically the Island of Maui is facing an affordable housing crisis. The new Administrative Rule will unreasonably drive up costs. A variance is needed an interim stopgap.
5. There has not been any documented case of the current septic system standards failing or creating an endangerment to human health or safety. The new standard does not show additional benefit to substantiate increase cost.
6. The new standard would drive up the cost of a septic system by an estimated 30% without showing any substantial increase in benefit to the customer. The fabricators of the currently approved septic tanks would also incur an incredible increase in production cost, mainly in acquiring approvals, that would be passed on to the customer. There appears to be no substantial increase in benefit to justify this new standard.
7. As the time taken to adopt and/or alter the Hawaii Administrative Rules are not a definite thing, this application is requesting a variance for the maximum time period of five years in which time it is hoped that the Administrative Rule in question will be changed or deleted.
Various written document supporting the variance have been attached to this application for variance but can not be shown here. 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 application, related documents, written comments and the public hearing, if any.

Director of Health (SB05526223 12/5/06)