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Notice #: 05527466
Public Notices


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. Moriba & Cassaundra Jah of Makawao, Maui has applied for a variance for a maximum of five (5) years 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.”
Ms. Linda Taylor of Linda Taylor Engineering, Makawao, Maui, Hawaii, is the individual authorized to act for the applicant. The applicant states that the lot is 13,354 square feet in size and there are two (2) cesspools and three (3) dwellings on this property. All dwellings and cesspools were permitted under the older rules. Two dwellings are served by one cesspool and the owner wishes to upgrade the cesspool to a new wastewater system for EPA compliance. The new wastewater system design in under review by the State Department of Health. The property is located at 3567 Baldwin Avenue, Makawao, Maui and identified as TMK: (2) 2-4-037: 015.
The applicant has made the following comments.
1. The area of the lot is 13,354 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. The two wastewater systems already exist. A variance approval will improve the systems by upgrading.
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. There are severe space limitations on the property. The only solution is to upgrade one cesspool to a seepage pit by adding a septic tank to receive the solids.
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 variance is requested for the maximum of five (5) years.
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, fax (808) 586-4300 to obtain a 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 separate related documents, written comments and the public hearing, if any.

Director of Health (SB05527466 2/6/07)